Case 3:21-cv-20009 Document 1 Filed 11/15/21 Page 1 of 32 PageID: 1
`
`Matthew D. Stockwell
`PILLSBURY WINTHROP SHAW
`PITTMAN LLP
`31 West 52nd Street
`New York, NY 10019
`Tel: (212) 858-1000
`Fax: (212) 858-1500
`matthew.stockwell@pillsburylaw.com
`
`Attorneys for Plaintiff
`
`UNITED STATES DISTRICT COURT
`FOR DISTRICT OF NEW JERSEY
`
`
`
`IQVIA INC.,
`
`
`Plaintiff,
`
`
`v.
`
`VEEVA SYSTEMS, INC. and
`PETER STARK
`
`
`Defendants.
`
`COMPLAINT
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`Case No. ________________
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`
`
`
`
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`
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`Plaintiff IQVIA Inc. 1 (“IQVIA” or the “Company”), by and through its undersigned
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`counsel, for its Complaint against Defendants Veeva Systems, Inc. (“Veeva”) and Peter Stark
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`(“Stark”), alleges as follows:
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`
`
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`
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`1 On October 3, 2016, IMS Health Holdings, Inc. a nd Quintiles Transnational Holdings Inc. merged, with the
`combined company renamed QuintilesIMS, Inc. On November 6, 2017, QuintilesIMS, Inc. changed its na me to
`IQVIA Inc. For convenience, we use “IQVIA” or the “Company” to refer to a ll of these predecessor companies
`a nd company names.
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`

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`PRELIMINARY STATEMENT
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`1.
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`By this action, Plaintiff seeks injunctive relief and damages for Defendants’
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`flagrant breach of, and tortious interference with, unambiguous non-competition, non-solicitation,
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`and confidentiality obligations Defendant Stark owes his former employer, IQVIA.
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`2.
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`Stark first assumed those obligations when his former company, Whitney, Danforth
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`& Stark Associates, Inc. d/b/a Pursuit Solutions (“Pursuit”), was acquired by IQVIA in a 2016 deal
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`that personally netted Stark a substantial pay day. Stark continued to be subject to these non-
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`competition, non-solicitation, and confidentiality obligations as a condition of his continued,
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`highly-compensated employment at IQVIA, coupled with his receipt of substantial stock awards.
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`3.
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`As a key IQVIA executive, Stark has played a critical role at IQVIA, defining and
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`leading the investments, strategy and resources of IQVIA’s core marketing analytics business in
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`the United States. He has, in particular, directed the design and future roadmap of IQVIA’s
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`primary marketing analytics tool, Omnichannel Navigator, specifically so as to compete directly
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`with Defendant Veeva, in measuring and optimizing the hundreds of millions of dollars life science
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`customers spend annually on direct-to-consumer advertising and promotional activities.
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`4.
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`Stark has also worked closely with other IQVIA teams to include other marketing
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`analytics capabilities in Omnichannel Navigator to address customer requirements relating to the
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`billions of dollars IQVIA’s life sciences customers spend on digital advertising and promotion to
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`health care professionals – a capability IQVIA believes Veeva has likewise been wanting to add
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`to its offerings.
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`5.
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`In 2021, Stark was given the additional responsibility to lead a detailed assessment
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`of IQVIA’s U.S. commercial technology offerings. In this capacity, he collected trade secrets and
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`other highly confidential information from dozens of IQVIA leaders and subject matter experts,
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`gathering proprietary information relating to 20+ IQVIA applications and systems. He used this
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`information to identify competitive gaps and strengths, and to develop (with others) the
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`commercial technology and services strategy needed to compete with Veeva’s suite of competing
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`offerings.
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`6.
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`Stark also participated in efforts to review and analyze trade secrets and other
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`highly confidential information gathered from IQVIA businesses around the world relating to
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`IQVIA’s global strategy to compete with Veeva’s suite of competing commercial technology and
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`services offerings.
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`7.
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`In addition to the foregoing, Stark was also a key contact for a leading global life
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`sciences customer, for which IQVIA and Veeva have been engaged in intense, head -to-head
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`competition. IQVIA scored a major win in 2019 against Veeva at that customer, with Stark
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`thereafter instrumental in building and expanding relationships at that significant customer, where
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`the competition between IQVIA and Veeva remains intense.
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`8.
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`Against this backdrop, it is little wonder Veeva pulled out all the stops to recruit
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`Stark – in deliberate derogation of his non-competition, non-solicitation, and confidentiality
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`obligations to IQVIA. The successful recruitment of Stark no doubt represents a potential game-
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`changer for Veeva, no matter the legal barriers presented.
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`9.
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`Undeterred by such legal barriers, Veeva has actually adopted a business model of
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`recruiting its competitors’ employees in key roles, summarily corrupting the hard work Veeva’s
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`competitors have already devoted to competitive issues. Veeva then files baseless preemptive
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`lawsuits in California seeking to invalidate those employees’ non-compete agreements. It does so
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`irrespective of whether the recruited employee previously worked, or will be based, in California.
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`Indeed, Stark himself is a long-time New Jersey resident who, upon information and belief, has no
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`intention of relocating to California for Veeva.
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`10.
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`Veeva secretly began its employment discussions with Stark, upon information and
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`belief, in June 2021, within weeks of Stark’s presentation to IQVIA executives about his findings
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`and strategy recommendations for the foregoing IQVIA competitive initiatives. Meanwhile, Stark
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`continued to actively participate in the highly confidential internal IQVIA discussions regarding
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`commercial technology and services strategies, capabilities, functionality, and analytics for
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`IQVIA’s U.S. and global business units. He continued accessing vast amounts of IQVIA trade
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`secrets and other highly confidential information relating to these IQVIA businesses – businesses
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`that are in direct competition with Veeva.
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`11.
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`Then, just as Stark’s team at IQVIA prepared to launch Omnichannel Navigator in
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`September 2021, Stark suddenly notified IQVIA he was terminating his employment with IQVIA
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`and had accepted a senior position with Veeva, reporting directly to Veeva’s CEO. In his new
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`position at Veeva, Stark is now leading the development of Veeva’s entire commercial services
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`strategy. All of this is in deliberate breach of his non-competition obligations to IQVIA.
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`12.
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`No doubt hoping to assuage IQVIA’s obvious concerns, Stark assured IQVIA that
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`his employment with Veeva would not start for four months, until January 3, 2022. Yet, upon
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`information and belief, Stark actually began working for Veeva in October, is already
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`commercially active with Veeva, and is guiding Veeva in the recruitment of other IQVIA
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`employees.
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`13.
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`Thus, even though IQVIA has paid Stark a small fortune, it is clear that he has sold
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`out to a higher bidder, Veeva, threatening to deliver to that key IQVIA competitor a wealth of
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`IQVIA trade secrets and other highly confidential information. Immediate injunctive relief to block
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`the irreparable injury imminently threatened here is therefore now essential. Stark’s deep access
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`to IQVIA’s highly confidential, commercially sensitive information and documents — including
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`its strategic plans, competitive intelligence, and investment plans — underscores the seriousness
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`of the harm threatened, particularly when Stark himself authored many of those very documents.
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`14.
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`If Veeva’s brazen tactics are allowed, and Stark permitted to undeniably violate his
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`non-competition obligations, the adverse consequences for IQVIA will be both devastating and
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`irreversible. Indeed, it is at this point inconceivable that Stark will not share highly sensitive
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`IQVIA information with Veeva, in plain violation of his confidentiality obligations.
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`15.
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`Irreparable harm will also result here if Veeva and Stark are permitted to continue
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`their tortious interference with Stark’s non-solicitation obligations, contacting IQVIA’s current
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`clients and other members of Stark’s former team.
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`16.
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`Therefore, in order to preserve the status quo, and to prevent the deliberate
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`destruction of one of IQVIA’s core businesses, IQVIA now seeks temporary, preliminary and
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`permanent relief:
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`(a)
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`enjoining Stark from (1) continuing employment with Veeva in violation of his
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`non-competition obligations; (2) directly or indirectly soliciting IQVIA
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`customers, prospective customers, employees, suppliers, or consultants in
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`violation of his non-solicitation obligations; and (3) violating his confidentiality
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`obligations; and
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`(b)
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`enjoining Veeva from (1) employing Stark within the one-year restrictive period
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`under the CRCA; (2) tortiously interfering with Stark’s obligation under the
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`CRCA not to directly or indirectly solicit IQVIA emp loyees, customers,
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`prospective customers, suppliers, or consultants during the one -year restrictive
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`period; (3) tortiously interfering with Stark’s confidentiality obligations under the
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`CRCA; and (4) tortiously interfering with any other IQVIA employees’ c ontracts
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`with IQVIA.
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`17.
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`Finally, IQVIA also seeks declaratory relief, as well as compensatory and punitive
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`damages and other monetary relief, to redress — under the Delaware law specifically chosen by
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`IQVIA and Stark — the harm caused by Defendants’ wrongful conduct.
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`18.
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`Plaintiff IQVIA Inc. is a Delaware corporation with a principal place of business in
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`PARTIES
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`Pennsylvania.
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`19.
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`Defendant Veeva Systems, Inc. is, upon information and belief, a Delaware
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`corporation with a principal place of business in California. Veeva has numerous offices in states
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`other than California, however, and has many employees — including Stark — who live and work
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`in states other than California.
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`20.
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`IQVIA and Veeva are direct competitors in the business of providing market
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`research, technology applications, and other services to the life sciences industry. IQVIA and
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`Veeva also have many common customers.
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`21.
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`Defendant Peter Stark is, upon information and belief, a resident of New Jersey,
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`and a former IQVIA employee who worked for IQVIA from New Jersey.
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`JURISDICTION AND VENUE
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`22.
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`This Court has subject-matter jurisdiction over this action under Article III and 28
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`U.S.C. § 1331 because, as detailed below, the Complaint asks this Court to interpret and apply the
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`Dormant Commerce Clause of the United States Constitution.
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`23.
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`IQVIA seeks a judgment declaring that it is unconstitutional to apply California
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`law to the interpretation and enforcement of non-competition, non-solicitation, and confidentiality
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`agreements entered into and existing between IQVIA and its employees, including Stark, who
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`reside in and work from states other than California. The interpretation and enforceability of such
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`agreements, including that with Stark, are, under the Dormant Commerce Clause, instead to be
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`decided under the law of the state chosen by the parties in such agreements – in Stark’s case, the
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`law of Delaware – or, alternatively, the law of the state where the employee lives and works.
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`24.
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`An actual case and controversy exists here because Veeva contends that
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`California’s Unfair Competition Law instead governs the validity and enforceability of IQVIA’s
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`non-competition, non-solicitation, and confidentiality agreements with Veeva employees who
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`reside and work in other states when, as here, they are employed by a company based in California,
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`and California law renders such agreements invalid. Veeva further contends that it is
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`unconstitutional under the Dormant Commerce Clause to apply any law other than the law of
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`California to those agreements to the extent that other law permits the enforcement of restrictive
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`covenants.
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`25.
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`An actual case and controversy also exists because, upon information and belief,
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`Stark has accepted and already begun employment with Veeva, a direct competitor to IQVIA, in
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`breach of his contractual non-competition obligations.
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`26.
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`The Court has supplemental jurisdiction over the state law claims alleged herein
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`pursuant to 28 U.S.C. § 1367.
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`27.
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`This Court has personal jurisdiction over Defendant Stark because he is a resident
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`of New Jersey.
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`28.
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`This Court has personal jurisdiction over Defendant Veeva because it regularly
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`transacts business within the State of New Jersey and committed tortious acts within the State of
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`New Jersey.
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`29.
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`Venue is proper in the District of New Jersey pursuant to 28 U.S.C. § 1391(b)(2)
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`because a substantial part of the events giving rise to this action occurred within this judicial
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`district.
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`IQVIA’s Business
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`FACTUAL ALLEGATIONS
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`30.
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`IQVIA is a global provider of advanced analytics, technology solutions, market
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`research data, and clinical research services to the life sciences industry in the United States, and
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`globally.
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`31.
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`IQVIA has assembled one of the largest and most comprehensive collections of
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`healthcare information in the world. IQVIA’s collection includes more than one billion
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`longitudinal, non-identified patient records based on data from a wide variety of sources, including
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`prescription and promotional data, claims data, and electronic medical records. IQVIA data is
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`sourced from approximately one hundred fifty thousand data suppliers and covers over one million
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`data feeds globally.
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`32.
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`Stark worked in IQVIA’s Commercial Solutions business line (“Commercial
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`Solutions”), the largest U.S. business in IQVIA’s $5 billion global Technology & Analytics
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`Solutions segment (“TAS Segment”). The Commercial Solutions business is responsible for using
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`IQVIA’s data, advanced analytics, technology, and industry knowledge to assist life sciences
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`companies to operate more efficiently and effectively, so that the right medicines reach the right
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`patients in the United States. The Commercial Solutions business line generates hundreds of
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`millions of dollars in revenues annually.
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`33.
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`Commercial Solutions is, in turn, composed of six divisions, the second largest of
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`which is Marketing. Previously led by Stark, that Marketing division assists life sciences clients
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`in educating patients about treatment options, increasing awareness about diseases and
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`encouraging patients to speak with health care professionals about health concerns . IQVIA clients
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`– typically, pharmaceutical companies – are assisted by IQVIA in developing successful brand
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`and marketing plans (1) to engage with the right patients through preferred communications
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`channels, (2) to provide the right information about medicines to those patients, (3) to measure the
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`effectiveness of those engagements, and (4) to apply data-driven adjustments to maximize
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`effectiveness. IQVIA services encompass both traditional (i.e., non-digital) and digital marketing
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`strategies.
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`34.
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`IQVIA is widely considered an industry leader in digital marketing analytics,
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`having invested tens of millions of dollars in growing its business in that segment.
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`35.
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`One of the digital marketing strategies in which IQVIA’s Marketing division excels
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`is omnichannel marketing analytics. Omnichannel marketing integrates and optimizes a brand’s
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`marketing strategy across multiple channels or mediums (e.g., face-to-face, telephone, television,
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`websites, social media, etc.), providing consumers a seamless, streamlined experience.
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`36. While digital marketing analytics has always been a highly competitive field in the
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`life sciences sector, in September 2019, this industry became exponentially more competitive after
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`Veeva acquired a company called Crossix Solutions (“Crossix”), IQVIA’s fiercest competitor in
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`digital marketing analytics. While Veeva previously had little prior experience in the field, it
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`overnight became a significant competitor by offering patient data and marketing analytic
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`solutions to clients on the “Crossix Data Platform” – thereby competing head-to-head with IQVIA
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`in the digital marketing analytics space.
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`37. With the arrival of the global pandemic in March 2020, traditional, non-digital
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`marketing strategies (e.g., in-person visits between pharmaceutical sales representatives and
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`healthcare professionals) effectively disappeared. That made digital marketing strategies (e.g.,
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`social media, websites, smartphone applications, etc.) mission -critical for the life sciences
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`industry. While that industry had already been gradually reducing its reliance on traditional
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`marketing strategies, the pandemic dramatically accelerated that shift.
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`38.
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`In light of industry changes, technology trends and the COVID -19 pandemic,
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`IQVIA substantially increased its investments in digital and omnichannel marketing analytics and
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`related services. IQVIA also revisited many aspects of its product and go-to-market strategies in
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`connection with three initiatives: one for the marketing services business led by Stark, a second
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`for the commercial services and technology offerings in the United States, and a third for similar
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`offerings globally. Stark had a leadership role in each of these three critical business initiatives.
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`That included his interviewing leaders and subject matter experts in these businesses to understand
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`competitive gaps and differentiation, and then making the recommendations used by IQVIA to
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`determine its commercial strategies in these key areas for the next two to three years.
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`39.
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`For each of these three initiatives, numerous IQVIA leaders and subject matter
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`experts, including Stark, held a series of internal meetings to discuss the Company’s confidential
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`strategic development plan for both existing products and potential future products; its investment
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`strategy; its marketing plans; and its plans for existing and prospective clients. The topics covered
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`at these meetings related to a wide range of IQVIA products, services and technology platforms
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`for the United States and other countries.
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`40. Meeting attendees, including Stark, dedicated substantial time to discussing
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`IQVIA’s market research data– another core business – and how the Company could utilize those
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`assets in its marketing and commercial strategies.
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`41. Meeting attendees, including Stark, reviewed and discussed the Company’s most
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`commercially sensitive internal documents, including its research and development plans;
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`financial metrics and reports; budgets and projections; client lists; investment strategies; marketing
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`and sales strategies; source code, software design, and other intellectual property; and its business
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`plans for the next three to five years. All of this information rises to the level of IQVIA’s trade
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`secrets.
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`How IQVIA Protects Its Trade Secrets
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`42.
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`IQVIA engages in a wide variety of activities to protect its confidential and
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`proprietary information, including requiring employees to sign appropriate forms of agreement
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`requiring the protection of such information; the adoption of policies, standard operating
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`procedures, guidelines, training programs and other methods to educate and guide employees to
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`help them understand the importance of protecting such information and the methods they should
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`use to meet these requirements; technical controls to secure information from unauthorized access;
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`exit procedures designed to protect information in connection with the termination of employment
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`of an employee; and methods of detecting, reporting and resolving unauthorized access to this
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`information. Care is taken to ensure confidential and proprietary information is available to
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`employees on a limited, need-to-know basis and to identify and manage access restrictions.
`
`43.
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`IQVIA likewise engages in a wide variety of activities to ensure its clients protect
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`IQVIA confidential and proprietary information, including the use of contracts with confidentiality
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`clauses and license provisions which restrict the use and disclosure of this information; the
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`requirements of the IQVIA third-party access program requiring client vendors to obtain a license
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`from IQVIA before IQVIA data can be shared with these client vendors; the proper disposition of
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`this information in the possession of clients and their vendors when they no longer have a right to
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`access it; and methods of detecting, reporting and resolving any unauthorized access to this
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`information.
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`44.
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`IQVIA also engages in a wide variety of activities to ensure its vendors protect
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`IQVIA confidential and proprietary information, including the use of non-disclosure agreements
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`when exploring a commercial relationship with a vendor; vendor contracts with confidentiality
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`clauses and license provisions which restrict the use and disclosure of this information; proper
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`disposition of this information in the possession of vendors when they no longer have a right to
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`access this information; and methods of detecting, reporting and resolving any unauthorized access
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`to this information.
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`Stark’s Employment at IQVIA
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`45.
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`Stark joined IQVIA in January 2016, when IQVIA acquired Whitney, Danforth &
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`Stark Associates, Inc. d/b/a Pursuit Solutions (“Pursuit”), an operations and analytics firm
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`specialized in serving the commercial side of the pharmaceutical industry. Stark was a founding
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`managing partner of Pursuit and, at the time of the acquisition, was its Chief Executive Officer.
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`Stark was a pioneer in life sciences digital marketing analytics in general and omnichannel
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`marketing in particular. The acquisition of Pursuit by IQVIA personally netted Stark a substantial
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`pay day.
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`46.
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`Simultaneous with the Pursuit acquisition, Stark became the head of IQVIA’s
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`Omnichannel Marketing Services business line within its Commercial Solutions group. Stark was
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`initially responsible for helping clients evaluate the impact of their omnichannel marketing
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`campaigns.
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`47.
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`In 2018, Stark was promoted to Vice President and General Manager of
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`Omnichannel Marketing.
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`48.
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`In June 2021, Stark received another promotion, this time to Vice President and
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`General Manager of the Marketing division, thereby expanding his responsibilities far beyond
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`omnichannel marketing.
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`49.
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`As a key member of IQVIA’s U.S. business team, Stark played an integral role in
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`developing the strategy that allowed the Company to expand in the highly competitive world of
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`digital marketing analytics, including omnichannel marketing. Stark was viewed as a key
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`performer, and his compensation package reflected the fact that the business line he led was
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`strategically important for the Company.
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`50.
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`Stark communicated regularly with the President of the IQVIA regional business
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`unit for the United States and Canada, and regularly participated in one-on-one meetings and
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`strategy sessions.
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`51.
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`Stark was also entrusted to work with key clients of the Company. In 2019, IQVIA
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`succeeded in winning substantial business with a leading global pharmaceutical company that had
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`previously been Veeva’s client. Upon information and belief, Veeva had competed aggressively
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`to retain that business and continues to aggressively campaign to win that business back. Stark
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`was one of the IQVIA leaders personally responsible for building and expanding relationships at
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`that client and providing the client senior level support. In that role, he identified and discussed
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`specific client requirements and how IQVIA could meet those requirements.
`
`52.
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`Stark was also directly involved in three key IQVIA initiatives:
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`(a) First, Stark spearheaded development of a new platform called Omnichannel
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`Navigator, recently launched on September 14, 2021. That launch followed two
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`years of development directed by Stark. Omnichannel Navigator, which allows users
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`to make informed decisions about their marketing spend by providing better access
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`to data in a user-friendly manner, was intended to differentiate IQVIA from its
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`competitors – most importantly, Veeva/Crossix. Stark was not only personally
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`responsible for developing the Omnichannel Navigator investment strategy, research
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`and product development schedule, and marketing plans, he was also closely
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`involved in designing the software and other intellectual property associated with
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`Omnichannel Navigator, as well as the Company’s other digital marketing analytic
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`platforms and applications.
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`(b) Second, Stark led a detailed 2021 assessment of IQVIA’s U.S. commercial
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`technology offerings and related commercial services offerings. In this capacity, he
`
`collected trade secrets and other highly confidential information from dozens of
`
`senior leaders and subject matter experts, and gathered information relating to dozens
`
`of applications and systems, to identify competitive gaps and strengths. Stark used
`
`this information to help develop IQVIA’s commercial technology and services
`
`strategy to compete with Veeva’s suite of competitive offerings.
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`(c) Third, as IQVIA began developing and implementing a global commercial services
`
`and technology strategy that integrated many IQVIA commercial and technology
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`offerings for product development and go-to-market activities Stark was the point
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`person for coordinating that strategy in the United States. As part of this strategy,
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`IQVIA brought together approximately fifty of the Company’s global commercial
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`leaders to identify gaps and opportunities, to make recommendations and to develop
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`plans relating to these offerings. Stark personally participated in multiple meetings
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`with his global counterparts throughout 2020 and 2021—meetings at which he again
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`had access to highly sensitive, proprietary Company documents, and directly
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`participated in drafting the Company’s product roadmaps and go-to-market plans.
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`53.
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`In sum, Stark was not just privy to IQVIA’s digital marketing analytics strategy, he
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`was deeply involved in the development of IQVIA’s commercial and technology strategies
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`worldwide, and one of the key leaders driving those activities.
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`54.
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`Stark therefore had regular and direct access to highly sensitive, confidential
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`Company documents that contained proprietary and nonpublic information. And, as the head of a
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`strategically important business line, Stark also participated in senior leadership’s confidential
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`strategy about how to respond to, among other things, competition from Veeva / Crossix and
`
`changes in the industry. The scope of these discussions covered a broad part of the Company’s
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`operations.
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`55. Moreover, as part of his role developing Omnichannel Navigator, Stark had regular
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`access to internal, proprietary information, about IQVIA’s data suppliers and methods for merging
`
`and standardizing different sources of data – all points differentiating associated with the use of
`
`IQVIA’s market research data that differentiated IQVIA services from the services provided by
`
`competitors.
`
`56.
`
`IQVIA’s market research data are among IQVIA’s most valuable assets, and are
`
`recognized as the “gold standard” in the industry.
`
`57.
`
`The confidential information Stark accessed at IQVIA is more than sufficient to
`
`enable Veeva to recreate competing offerings and to significantly improve and enhance Veeva’s
`
`existing offerings.
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`Case 3:21-cv-20009 Document 1 Filed 11/15/21 Page 16 of 32 PageID: 16
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`Stark’s Confidentiality and Restrictive Covenants Agreement
`
`58.
`
`On January 22, 2016, in tandem with the closing of the Pursuit acquisition, Stark
`
`and IQVIA entered into a Proprietary Rights and Restrictive Covenant Agreement (the “PRRCA”).
`
`59.
`
`Execution of the PRRCA was, in fact, a specific condition of Stark’s initial
`
`employment at IQVIA.
`
`60.
`
`That was then followed, on April 10, 2019, by the superseding Confidentiality and
`
`Restrictive Covenants Agreement (the “CRCA”, a copy of which is attached hereto as Ex. A).
`
`61.
`
`Execution of the CRCA was a condition of Stark’s continued employment at
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`IQVIA and Stark’s receipt of equity grants from the Company.
`
`62.
`
`The PRCCA and CRCA contain substantively identical employee confidentiality
`
`obligations. The CRCA then contains a non-competition agreement providing that, for one-year
`
`after the end of his employment IQVIA, Stark shall not, directly or indirectly:
`
`perform or provide any Services for any Competitor, on my own behalf or
`(1)
`that of any other Person, if such Services: (A) are in relation to an offering, product,
`or service that is similar to or competes with a Company Offering with respect to
`which I had any material involvement or access to Confidential Information in the
`twelve month period preceding my termination and (B) are similar to the Services
`I performed for the Company during the twelve month period preceding my
`termination; or
`
`perform or provide any Services for any Person that are likely to result in
`(2)
`my use or disclosure of any Confidential Information.
`
`Ex. A § 3.
`
`63.
`
`“Competitor” is broadly defined as any entity or person “that is then either directly
`
`or indirectly planning to develop, developing, providing, offering, selling or supporting any
`
`product or service that is competitive, in whole or in part, with any ” “product or service of the
`
`Company in the past or present or hereafter being offered, supported or under development.” Id.
`
`§ 2.
`
`16
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`

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`Case 3:21-cv-20009 Document 1 Filed 11/15/21 Page 17 of 32 PageID: 17
`
`64.
`
`“Confidential Information” is defined as:
`
`[I]nformation that is confidential or proprietary to the Company or Third Parties, in
`whatever form disclosed and whether received or created before or after the
`effective date of this Agreement and regardless of whether such information is
`labeled or designated formally as confidential, including, but not limited to: Trade
`Secrets; inventions, technical information, methodologies, advancements or
`improvements to current solutions, and new innovations; pricing information;
`internal financial or operational metrics information related to operational reviews;
`business plans, marketing plans, initiatives, programs or strategies, business
`methods, business processes and systems; research and development plans;
`customer, supplier, and employee lists;
`information regarding customer
`requirements, preferences, and business or marketing plans or results that are not
`generally known; data, databases, designs, specifications, software designs, and
`documentation; and any other information which is not generally disclosed by the
`Company or Third Parties or otherwise publicly available, and which may be useful
`or helpful to the Company or Third Parties and may give the Company or Third
`Parties a competitive advantage.
`
`Id. § 1(a)(1).
`
`65.
`
`Stark agreed that this restriction applied “anywhere in the world where [IQVIA]
`
`conducts business”, with the understanding that technology allows remote work from any location,
`
`and that IQVIA’s goodwill extends globally and is not limited to any p articular region. Id. § 3(c).
`
`66.
`
`The CRCA permits Stark to seek employment from or be employed by other
`
`medical, pharmaceutical, and biotechnology companies, or other certain types of companies , that
`
`did not meet the definition of a competitor. Id. § 3(b).
`
`67.
`
`Stark expressly agreed that the type, scope, and period of restriction imposed by
`
`the CRCA was fair and reasonable. Id. § 5(a). Stark also expressly agreed that the restriction