Court ruled that Veeva intended to commit fraud; destroyed evidence; engaged in theft, and cover-up
IQVIA (NYSE:IQV), a global provider of advanced analytics, technology solutions, and clinical research services to the life sciences industry, today announced that the U.S. District Court of New Jersey issued a favorable decision in its litigation with Veeva Systems, Inc. (NYSE:VEEV). The Court ruled on IQVIA's motion for sanctions, finding Veeva engaged in massive destruction of evidence, engaged in a cover-up of its wrong-doing, and repeatedly lied about its actions. The court sanctioned Veeva five separate times in the decision to punish Veeva for its violations of rules in the litigation, including multiple adverse jury instructions, limitations on the use of evidence at trial and an award of legal fees and costs. Specific language from the decision includes:
Engaging Fraud & Destruction of Evidence
"IQVIA has made a prima facie showing that Veeva was engaging or intended to engage in a crime or fraud at the time the DataDestroyed Spreadsheet was created and that the DataDestroyed Spreadsheet was used in furtherance of the alleged crime or fraud – namely, the spoliation of evidence."
Veeva Misappropriation of IQVIA Intellectual Property
"[T]here is no dispute that IQVIA Reference Data was "programmatically" included in Veeva OpenData."
Theft & Intentional Cover-Up
"The OpenData Data Corruption Memo indicates that Veeva was well-aware that it was misappropriating IQVIA data, something the [independent] Audit would uncover, and that the incident could lead to litigation. Rather than disclose the allegedly "minor" [client] Incident to IQVIA or the auditors, Veeva chose to cover it up, deleting evidence and directing employees not to create further evidence on the subject (such as replacing "IMS" with "***" in e-mails, not discussing the situation in chats or e-mails, and deleting chats or e-mails where the incident was discussed)."
"We are pleased with the Court's decision, which exposes Veeva's longstanding deceptive business practices, as well as its pattern of corporate theft," said Harvey Ashman, senior vice president, deputy general counsel, IQVIA. "Veeva stole IQVIA intellectual property from client files, they knew it was wrong, they destroyed evidence to cover-up their wrongdoing, and then they lied about it. Veeva lied to IQVIA, the court, their clients, the media, and investors. Veeva's disregard for intellectual property rights, contractual obligations, and the truth is clear. IQVIA looks forward to successfully resolving our ongoing litigation for the benefit of our clients and reaffirming protections for intellectual property, innovation, and investment."