Unauthorized Practice Draws Fine

An attorney admitted to practice in Illinois in 1991 has been enjoined from future unauthorized practice in Ohio and fined $625.

The Complaint alleges that Respondent engaged in the unauthorized practice of law from August 19, 2019 to June 28, 2021 during her employment with CPS Solutions, formerly Comprehensive Pharmacy Services (“CPS”). During that period, Murphy, who is admitted to the practice of law in Illinois, was not registered for corporate counsel status required by Gov.Bar R. VI, Section 6, (“Corporate Counsel Registration”)

Facts set forth in docket entries

Respondent began employment with CPS Solutions, formerly Comprehensive Pharmacy Services (“CPS”), on August 19, 2019. Her title at hiring was and it remains Executive Vice-President and General Counsel.

CPS is currently headquartered at 655 Metro Place South, Suite 450, Dublin, Ohio 43017. In August 2019, CPS was headquartered at 5050 Brandenton, Dublin, Ohio. At all relevant times, CPS has been headquartered in the State of Ohio.

Respondent relocated to Ohio in October of 2019, purchasing a home. Prior to that, she worked remotely and commuted to Ohio from Arkansas.

CPS is a pharmacy management business. CPS provides contract pharmacists to hospitals and provides management assistance with hospital pharmacy departments.

CPS does business in approximately 48 different states plus Puerto Rico.

CPS also has offices in Florida, through subsidiary (Therigy, LLC), Brooklyn Park, Minnesota, Memphis, Tennessee (formerly corporate headquarters), and Atlanta, Georgia, through a recently acquired company (Trellix RX, LLC).

Respondent’s employment does not require regular work at any location outside of Ohio.

Many CPS employees work at the different pharmacies and do not come into an office. Many employees also work remotely.

Since March of 2020, Respondent’s work has been primarily remote.

In April 2020, Respondent moved to Florida but she maintains an apartment in Ohio for when she works in-person at CPS in Dublin, Ohio, approximately one week per month.

As Executive Vice-President and General Counsel, Respondent works approximately 60 to 70 hours per week.

At all times relevant to this action, Respondent provided the following services for CPS:

a. Respondent drafted contracts and contract templates and reviewed contracts CPS negotiated with clients or potential clients.
b. Respondent reviewed agreements to acquire companies. Although CPS also works/ed with outside counsel for these purposes, Respondent reviewed the contracts and assessed regulatory and licensing issues related to the
acquirement(s).
c. Respondent worked with outside counsel to identify opportunities for CPS to pursue trademarks, respond to claims of infringement, and pursue patents.
d. Respondent reviewed employment and noncompete agreements for CPS and, at time, termination of employment. As CPS employees worked throughout the United States, Respondent often worked with state-specific counsel on such matters.
e. Respondent was responsible for hiring outside counsel and acting as liaison between outside counsel and executives within CPS.

Respondent has never represented a private client in Ohio.

She is now in compliance with Ohio corporate counsel requirements.