Anthony’s exit from Encompass in June 2021 and her subsequent coronation as the CEO of VitalCaring in August 2022, immediately after her non-compete clause expired, only added fuel to the smoldering embers.
Allegations and Accusations
Enhabit’s charges against Nautic and Vistria read like a gripping detective novel – breach of fiduciary duty, aiding and abetting, and more scintillatingly, clandestinely forming VitalCaring right under Encompass’ nose. And where does Ropes & Gray fit into this intricate web? Enhabit demands the firm’s documents that might shed light on the communications between the defendants.
A distinction, Vice Chancellor Lori W. Will notes, must be made between legal discussions and commercial ones. In the shadowy corridors of Delaware law, a doctrine allows attorney-client privilege to be extended to third parties if a shared legal interest is evident. However, Ropes & Gray now finds itself having to surrender private correspondence where no such shared interest is found.
