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Q: One of my former employees has launched an online business very similar to mine and is contacting my clients and trying to steal their business from me. Do I have any legal recourse against him? -- Brad J.

A: I hate to break this to you, Brad, but unless this former employee s

According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product

igned a noncompete agreement while on your payroll, there is probably very little you can do to stop him from wooing your customers. You should discuss the situation with your attorney, but unless this person is also breaking the law in some other way (violating your copyrights or tra

; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

Examples of combination products may in

demarks or using stolen trade secrets, for example.) Your attorney will probably concur with me.

Renegade former employees riding the free enterprise wave is one reason noncompete agreements are gaining in popularity among employers who hope to use them to help protect their tradition

lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

al and online businesses from competitive threats launched by former employees. Many employers are now demanding that key employees sign noncompetes as a stipulation of employment. While signing noncompetes usually doesn't sit well with employees who view them as potential roadblocks

here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe

to their upwardly mobile career path, many businesses will not hire a key employee without his or her signature on the dotted line.

A noncompete agreement is a formal contract between you and your employees in which they promise not to use information or contacts pertinent to your bu

d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

Combination pro

siness in a competing situation. In other words, they agree not to take everything they learn working for you and put it to use for someone else. This could mean going to work for a competitor or starting a competing business of their own.

While not popular with employees, noncompet

ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc

e agreements are a good way for employers to keep key employees on the payroll and protect the company's proprietary information. That said, do not go overboard with noncompetes: not every employee should be required to sign one. If an employee does not have access to sensitive infor

easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi

mation, customer or accounting data, or is integral to the overall success of your business, there is no need to have them sign a noncompete. The janitor, for example, poses very little threat to your business if he gets a job with a competitor. Your sales manager, on the other hand,

nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically

can devastate your business by hooking his wagon to a competing horse.

Which employees should sign noncompete agreements? While the prerequisites vary from business to business, the following is a good general list. The term "employees" represents executive level, management, super

and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ

visory, and non-management personnel relative to that example:

* Employees involved in research or product development.

* Employees involved in the design, fabrication, engineering, and manufacturing process.

* Employees who service products made and sold by your company.

* Sales a

ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi

nd service employees who have regular contact with customers or sensitive customer information.

* Employees with access to sensitive business information or trade secrets.

* Most importantly, employees who have sufficient information about your business that would allow them to start

ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

Following aspects would a

a competing business.

Most business experts agree that noncompete agreements are generally a good way to protect your business. The downside is that noncompete agreements are often difficult to enforce and in some states, may not be enforceable at all. Many state courts have ruled

dd to the challenges in developing combination products:

Which markets to tap where the combination products can do fairly well?
Which combination prod

that noncompete agreements are too restrictive on an employee's right to earn a living.

In California, for instance, noncompetes are generally only enforceable in connection with the sale of a business and not for employees. In Alabama where I live, noncompetes are generally enforcea

cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin

ble in only two contexts: the sale of a business and in connection with employment - but even then the enforcement requires that there be a valid interest worthy of protection. Some states require that the noncompete be signed at the beginning of the employment relationship and will o

tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen

nly consider the enforcement of a noncompete signed after the initial employment date if the signing of the noncompete was accompanied by a promotion, raise in pay, or other event that elevated the employee to a more important role within the company.

To be enforceable, noncompete agr

t?

As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel

eements must be reasonable on three accounts: Time, geography and scope. Regarding time, you can't restrict someone from competing with you forever, so one to three years is the accepted time period for most noncompetes. As to geography, you can enforce restriction in the general ar

ping new procedures for reviewing their safety, efficacy and quality.

Professional from academic institutions, pharmaceutical industries, health care indust

ea where you conduct business, but you can not enforce the restriction beyond those boundaries. And for scope, the agreement can restrict certain actions on the part of the employee, but can't be so generally restrictive that the employee won't be able to earn a living working in the

y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products

same industry in a noncompetitive position.

One interesting thing to note: noncompete agreements are not enforceable against certain "professionals," like doctors, CPAs, and lawyers (who do you think writes all those noncompetes).

At this point, Brad, the best thing you can do is co

.

As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de

ntact your attorney to see if you have other grounds for suit, then contact your customers and let them know what's going on. Explain the situation regarding the former employee, but do so calmly and resist the urge to tell them what you really think of this guy. Showing your anger t

elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

Companies that provide selfless information through particip

o the customer is not going to help you keep their business. Reaffirm your relationship with the client, tell him how much you value his business, remind him of your track record and level of service, then ask one simple question: What can I do to make sure your business stays with me

tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

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Is your company brand literally saturating your target markets? Is your company literally everywhere and on the lips of your customers, competition and vendors? Does your competitor sales teams compare themselves to you in sales calls?

If you’ve been asked to write a letter to help with fundraising for a group or charity that you’re involved with, you may be staring at a blank piece of paper wondering just what to write. Here’s an actual letter that was used to raise a substantial sum towards a refit of a church organ and was sent to local charities.

Leadership and management skills are essential throughout our working life with leaders found in industry, commerce, sport, and even social settings. The aim is the same wherever they are found, leading a group towards a common goal or set of stated objectives. The essential leadership and management skills can be learned through training courses or from studying textbooks, though the very best learning comes through on their job experience.

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