Court prevents former Cigna exec Bricker from joining CVS Health during lawsuit

Photo: Pichsakul Promrungsee EyeEm/Getty Images

Former Cigna executive Amy Bricker is being temporarily blocked from beginning her new job at CVS Health, pending the outcome of a lawsuit over Cigna's noncompete agreement, according to a restraining order filed in a Missouri district court.

Until recently, Bricker had served as head of Express Scripts, Cigna's pharmacy benefit manager subsidiary. Bricker had been slated to join CVS Health as the chief product officer for its consumer segment.

The lawsuit alleges this violates Cigna's noncompete agreement, with the company saying it would be "immediately and irreparably harmed" if Bricker's hire is allowed to continue. Calling CVS Health its "chief competitor," Cigna maintained that Bricker would invariably be asked to reveal Cigna's "confidential" business information to the benefit of her new employer. This, said Cigna, is despite the fact that Bricker had recently accepted a large raise, and was allegedly aware of the noncompete agreement.

Bricker had been set to begin her new role this week, but with the restraining order in place, the move has been put on ice until the legal matter is resolved.

"The court is satisfied at this stage that Cigna has presented enough evidence to show Cigna is likely to succeed on the merits with respect to its claims for breach of contract," Missouri Judge Ronnie White wrote in the order.

Bricker will be barred from working for or providing services to CVS, and from divulging "any trade secrets or confidential information" from Cigna. It's unknown at this point when a final ruling on the noncompete clause will be issued.

WHAT'S THE IMPACT?

Among Cigna's concerns are Bricker's knowledge of its supply chain, strategic direction and product development initiatives. The insurer is seeking to hold Bricker to her "contractual obligations," and is also seeking monetary damages.

Another of Cigna's concerns revolves around Bricker's knowledge and contribution to business proposals when the insurer was competing with CVS over Centene's PBM contract. Previously, CVS had managed Cigna's PBM contract, but Cigna secured that business in October 2022.

CVS had predicted the loss of that business would translate into a revenue decline in 2024 in the vicinity of $2 billion. Cigna said CVS' offer to Bricker was a "desperate effort" to retaliate for this loss of business.

CVS Health has said it does not comment on ongoing legal matters, but stated in court that Bricker's noncompete clause is unenforceable due to being broad and anticompetitive, and maintained that her new role would be unlike the one she had at Cigna.

THE LARGER TREND

The lawsuit had been filed in late January in U.S. District Court in Missouri federal court. Cigna is demanding a jury trial.

CVS announced on January 23 that Bricker was named executive vice president and chief product officer – consumer, a newly created role.
 

Twitter: @JELagasse
Email the writer: Jeff.Lagasse@himssmedia.com