In a case sure to resonate throughout the diagnostics industry, Mayo Clinic this month filed a lawsuit against Franklin Cockerill, M.D., the former president and chief executive officer of Mayo Medical Laboratories (MML), alleging misappropriation of trade secrets and breach of contract. The lawsuit alleges that Cockerill secretly and deceptively sought and accepted employment with one of MML’s primary competitors months ago. Rather than disclosing this material conflict of interest, Cockerill continued to work as a director and officer of MML until Sept. 30, 2014, participating in confidential strategic decisions and planning and related litigation analysis of MML’s and Mayo’s business, the lawsuit alleges. Cockerill began working for Quest Diagnostics Oct. 1 as vice president and chief laboratory officer. According to Mayo, Cockerill essentially will be doing at Quest exactly what he did at MML and Mayo “and will inevitably disclose MML and Mayo’s trade secrets and confidential information to Quest, irreparably harming MML and Mayo.” Among the charges against Cockerill lodged in the complaint: breach of fiduciary duty as director and officer, breach of duty of loyalty as employee, breach of contract, and misappropriation of trade secrets. The lawsuit seeks monetary damages and restitution, as well as asks the…
