August 3, 2026  ·  Complaint filed July 27, 2026  ·  nysd, No. 1:26-cv-06361

Newman News, By David Brunk

Read the filing

The Elevance Health Companies v. Hamaspik Claims Elevance Health stock rights were misappropriated

Elevance Health Companies, Inc. filed suit in the United States District Court for the Southern District of New York on July 27, 2026, alleging that competitor Hamaspik, Inc. and four former employees orchestrated a scheme to misappropriate trade secrets, confidential information, and key personnel. The complaint states that Hamaspik recruited at least seven former Elevance Health employees—including defendants Esther Elefant, Adam Koegel, Vladamir Robu, and Yaritza Castillo—who collectively emailed "hundreds of pages" of proprietary documents to personal accounts before resigning. The filing states, "Hamaspik’s intent is unmistakable: to recreate, at a fraction of the cost, the managed care infrastructure, expertise, and competitive advantages that Elevance Health acquired in 2024." The complaint further alleges that Hamaspik’s actions were part of a deliberate effort "to strip Elevance Health of its personnel, confidential information, and trade secrets" (Compl. ¶173).

Elevance Health, which operates managed long-term care (MLTC) and Fully Integrated Duals Advantage (FIDE) plans in New York, contends the misappropriated materials include a 193-page "D-SNP Model of Care," a 400-page "Events Management Master Programs Tracker Report," and detailed financial performance data, provider network configurations, and CMS Star Ratings strategies. The company alleges these documents derive "independent economic value" from not being generally known to competitors and were developed over "years and millions of dollars" of investment. The complaint states, "There is no legitimate reason for these individuals to have taken this information other than to use it in their new roles at Hamaspik" (Compl. ¶2). Elefant, a former Director II of Healthcare Management Services at Elevance Health, is accused of emailing 192 confidential documents to her personal account on June 21–22, 2026, including the D-SNP Model of Care, before resigning to join Hamaspik as a senior executive. The complaint further asserts, "There is no other explanation for why a departing employee would email themself the comprehensive operational blueprint for building and running the very type of plan their new employer is seeking to expand" (Compl. ¶97).

Alleged Scheme to Misappropriate Trade Secrets and Key Personnel

The complaint alleges that Hamaspik orchestrated a campaign to recruit former Elevance Health employees with access to proprietary information, targeting those overseeing operational, administrative, network, and sales functions of New York MLTC and FIDE plans. The complaint identifies two non-party employees, Chedva Fox and Poyu Li, who reported directly to Elefant and resigned from Elevance Health in July 2026 to join Hamaspik. Fox, a former Director of GBD Special Programs, resigned on July 13–14, 2026, while Li, a former Manager II of Medical Management, resigned later that month (Compl. ¶110–111).

Before resigning, three of the defendants—Esther Elefant, Vladamir Robu, and Yaritza Castillo—allegedly emailed hundreds of pages of Elevance Health’s confidential documents to their personal accounts. The complaint states that Elefant, a former Director II of Healthcare Management Services, sent 192 documents, including a 193-page D-SNP Model of Care, to her personal email on June 21–22, 2026. Robu, a former Manager of Sales for Medicare products, allegedly emailed 2025 Medicare Compensation Plan documents, forecasts, growth projections, and a 400-page Events Management Master Programs Tracker Report to his personal account. Castillo, a former Director of Network Support, is accused of emailing provider agreements, contracting training materials, workflows, and rate information to herself. The complaint emphasizes that these documents include Elevance Health’s claims adjudication system configurations and operational methodologies, which the company identifies as trade secrets (Compl. ¶149).

The complaint states that the misappropriated materials derive "independent economic value from not being generally known to or readily ascertainable through proper means by another person who can obtain economic value from its disclosure or use." Elevance Health contends there is "no legitimate reason for these individuals to have taken this information other than to use it in their new roles at Hamaspik," quoting the filing directly (Compl. ¶2). The complaint describes the misappropriated materials as "scores of Elevance Health’s confidential and proprietary files and trade secrets" (Compl. ¶89).

The complaint states that the defendants’ new roles at Hamaspik are "virtually identical" to their former positions at Elevance Health, suggesting the misappropriated documents are directly relevant to their current responsibilities. The filing warns that "once disclosed or used by Hamaspik, Elevance Health’s trade secrets cannot be returned to their prior state of secrecy" (Compl. ¶147).

Financial Investments and Stakes in New York’s MLTC and FIDE Plan Markets

The complaint alleges that Elevance Health’s financial and operational commitments in New York’s managed long-term care (MLTC) and Fully Integrated Duals Advantage (FIDE) plan markets were substantial and strategically critical. On December 31, 2024, Elevance Health acquired Centers Plan for Healthy Living LLC and Care Solutions for hundreds of millions of dollars, gaining 53,000 MLTC members in the process (Compl. ¶28). Following the acquisition, Elevance Health invested "millions of dollars" in New York managed care operations, including the development of technology systems and human capital.

The complaint alleges that roughly 75% of these members are FIDE-eligible, positioning Elevance Health to capitalize on the state’s push to transition MLTC members into FIDE plans. The complaint emphasizes the financial significance of this pipeline, noting that FIDE plans require "significant institutional knowledge and skilled personnel" to manage the integration of medical, prescription drug, behavioral health, and long-term care benefits (Compl. ¶33).

The complaint further alleges that Elevance Health’s FIDE plan achieved and maintained a 5-star CMS rating, a metric that "directly determine[s] CMS bonus payments and reimbursement rates" (Compl. ¶90). The filing states that this rating reflects years of investment in care management protocols, member engagement strategies, and operational workflows, all of which are protected as trade secrets. The complaint alleges that the misappropriated documents, including the D-SNP Model of Care and Star Ratings strategies, provide Hamaspik with "precise intelligence" on Elevance Health’s operational priorities and vulnerabilities (Compl. ¶90).

Parties and Roles: Elevance Health, Hamaspik, and the Defendants

Elevance Health Companies, Inc., an Indiana corporation operating managed long-term care (MLTC) and Fully Integrated Duals Advantage (FIDE) Special Needs Plans (SNP) in New York, filed suit in the United States District Court for the Southern District of New York. The company, formerly known as Anthem, Inc., serves more than 40 million members nationwide and oversees approximately 98,000 MLTC members in New York, about 75% of whom are eligible for FIDE plans.

The complaint names Hamaspik, Inc., a New York corporation based in Monsey, as the lead defendant. Hamaspik operates MLTC plans in New York and competes directly with Elevance Health in the state’s MLTC and FIDE-SNP markets. Elevance Health alleges that Hamaspik orchestrated a campaign to recruit former Elevance Health employees who had access to proprietary information, including those bound by restrictive covenants or who misappropriated confidential information.

Four former Elevance Health employees are named as defendants. Esther Elefant, a former Director II of Healthcare Management Services, joined Hamaspik after resigning from Elevance Health on July 2, 2026. At Elevance Health, Elefant earned a $220,000 annual salary, received stock awards, and was paid a $75,000 retention bonus for her role in integrating Centers Plan for Healthy Living LLC, which Elevance Health acquired in December 2024 for hundreds of millions of dollars. On March 2, 2026, Elefant was awarded stock rights under Performance Stock Unit, Restricted Stock Unit, and Nonqualified Stock Option Award Agreements. Elevance Health also offered Elefant a $150,000 two-year retention agreement, with the first installment of $100,000 due on December 31, 2026, to remain in her role overseeing the FIDE program (Compl. ¶44).

Adam Koegel, a former Director II of Claims at Elevance Health, resigned on May 29, 2026, and is now employed by Hamaspik. Koegel’s role at Elevance Health involved claims adjudication and provider payment workflows, including knowledge of rates, contract terms, and operational pain points. Koegel earned a $234,000 annual salary at Elevance Health (Compl. ¶43). The complaint alleges that Koegel’s knowledge of Elevance Health’s FIDE plan operations gives Hamaspik an unfair competitive advantage (Compl. ¶58–59).

Vladamir Robu, formerly a Manager of Sales for Medicare products at Elevance Health, resigned on December 15, 2025, and is now Hamaspik’s Director of Medicare Sales. The complaint alleges that Robu’s job duties at Hamaspik are "virtually identical" to his former role at Elevance Health (Compl. ¶87). Yaritza Castillo, a former Director of Network Support at Elevance Health, resigned on April 13, 2026, and is now a Vice President at Hamaspik. Castillo had access to confidential rate information, contract terms, and provider strategies, and her duties at Hamaspik are similarly described as "virtually identical" to her former position (Compl. ¶83).

The complaint also identifies two non-party employees, Chedva Fox and Poyu Li, who reported directly to Elefant at Elevance Health. Fox, a former Director of GBD Special Programs, resigned on July 13–14, 2026, to join Hamaspik, while Li, a former Manager II of Medical Management, resigned later that month to join the competitor (Compl. ¶110–111). The complaint alleges that Elefant solicited at least two of her direct reports to resign and join Hamaspik (Compl. ¶171).

Breach of Contract Claims Under Elefant and Koegel’s Agreements (Counts I–III)

Elevance Health alleges that two former senior employees—Esther Elefant and Adam Koegel—breached post-employment restrictive covenants in their employment agreements by joining competitor Hamaspik, Inc. The complaint asserts three breach-of-contract claims under New York law, each tied to specific provisions in the defendants’ agreements.

In the first claim, Elevance Health contends that Elefant and Koegel violated 12-month non-compete provisions that prohibit them from working for a competitor in a role involving "the same or similar services" or "the likely use of Elevance Health’s Confidential Information." The complaint defines a "Competitive Position" as employment with a competitor that involves the same or similar services or the likely use of confidential information (Compl. ¶51). Elevance Health alleges that both defendants’ new roles at Hamaspik meet this definition. Elefant, formerly a Director II of Healthcare Management Services, is now employed by Hamaspik in a position the complaint describes as "substantially similar," while Koegel, formerly a Director II of Claims, has taken a role overseeing claims adjudication at Hamaspik. The complaint states that Koegel’s knowledge of Elevance Health’s claims adjudication system configurations and operational methodologies gives Hamaspik an unfair advantage in the FIDE plan market (Compl. ¶58–59).

In the second claim, Elevance Health accuses Elefant of breaching a non-solicit provision that bars her from recruiting Elevance Health employees for six months following her departure. The complaint alleges that Elefant directly solicited at least two of her former direct reports to resign and join Hamaspik (Compl. ¶171).

In the third claim, Elevance Health alleges that Elefant breached a confidentiality provision by emailing 192 confidential documents to her personal account in the days leading up to her resignation. The provision, which Elefant agreed to in her employment contract, states: "You shall not disclose or use at any time, either during or after employment, any confidential or proprietary information of the company" (Compl. ¶22). The complaint describes the misappropriated materials as including a 193-page D-SNP Model of Care, care management protocols, provider network configurations, and financial performance data—information Elevance Health claims derives independent economic value from not being generally known to competitors. The complaint further alleges that Elefant’s actions violated Elevance Health’s confidentiality policy, which states: "It is everyone’s responsibility to help ensure our confidential and proprietary information is used only when authorized by policy and for valid business purposes" (Compl. ¶21). The policy also states: "We are obligated to protect this information from improper use or disclosure even after our employment ends" (Compl. ¶21).

Trade Secret Misappropriation and Unfair Competition Claims (Counts V–VII)

Elevance Health Companies, Inc. alleges that Hamaspik, Inc. and three former Elevance Health employees—Esther Elefant, Vladamir Robu, and Yaritza Castillo—misappropriated trade secrets under the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836. The complaint also includes a cause of action for misappropriation of trade secrets under New York law against Hamaspik, Elefant, Robu, and Castillo (Compl. ¶149).

The complaint asserts that Elevance Health owns trade secrets developed over years and at a cost of millions of dollars, including "FIDE care model methodologies, member engagement strategies, and D-SNP growth strategies," as well as "claims adjudication system configurations, provider payment rates, and operational methodologies" (Compl. ¶149). These materials, the complaint alleges, derive "independent economic value" from not being generally known to competitors and are protected by confidentiality agreements and secure access controls. According to the filing, "if disclosed to or used by a competitor such as Hamaspik, this information will allow that competitor to undercut Elevance Health’s bids to administer Medicare Advantage FIDE plans" (Compl. ¶136).

In the first of these claims, Elevance Health alleges violations of the Defend Trade Secrets Act against Hamaspik, Elefant, Robu, and Castillo. The complaint contends that Elefant, Robu, and Castillo improperly acquired confidential information by emailing "hundreds of pages" of proprietary documents to their personal accounts within days of resigning, including a 193-page D-SNP Model of Care, a 400-page Events Management Master Programs Tracker Report, and provider network configurations. The complaint states, "There is no legitimate reason for these individuals to have taken this information other than to use it in their new roles at Hamaspik" (Compl. ¶2). Elevance Health further alleges that Hamaspik "knowingly permitted, facilitated, and benefited from" the defendants’ use of misappropriated information, having "systematically hired former Elevance Health employees performing the same functions" while aware that they might bring confidential information (Compl. ¶145).

In the sixth claim, Elevance Health alleges misappropriation of trade secrets under New York law against Hamaspik, Elefant, Robu, and Castillo. The complaint asserts that the defendants acquired knowledge of Elevance Health’s trade secrets under a duty to maintain secrecy and that Elefant, Robu, and Castillo "improperly acquired" confidential information by emailing documents to themselves "within days of leaving Elevance Health" (Compl. ¶139). Elevance Health contends that it took "reasonable measures" to maintain secrecy, including confidentiality agreements, restricted access controls, and secure systems. The complaint emphasizes that "these trade secrets represent years and millions of dollars of investment in development, refinement, and implementation" (Compl. ¶150).

In the seventh claim, Elevance Health alleges unfair competition against Hamaspik, accusing the company of engaging in a "deliberate scheme to hire former Elevance Health employees for unlawful competitive advantage," including those who misappropriated confidential information. The complaint asserts that Hamaspik’s actions have "misappropriated Elevance Health’s labor, skill, expenditures, and goodwill," enabling Hamaspik to "recreate, at a fraction of the cost, the managed care infrastructure, expertise, and competitive advantages that Elevance Health acquired" through its acquisition of Centers Plan for Healthy Living in December 2024 (Compl. ¶164).

Tortious Interference with Contractual Relations (Count IV)

Elevance Health Companies, Inc. alleges that Hamaspik, Inc. tortiously interfered with the company’s contractual relations by knowingly hiring employees bound by restrictive covenants. The complaint asserts that Hamaspik’s recruitment of Esther Elefant and Adam Koegel, both of whom were subject to 12-month non-compete agreements, constitutes tortious interference under New York law (Compl. ¶161–162).

The complaint alleges that Hamaspik was aware of the restrictive covenants in Elefant and Koegel’s employment agreements, which prohibited them from working for a competitor in roles involving the same or similar services or the likely use of Elevance Health’s confidential information. Despite this knowledge, Hamaspik hired Elefant and Koegel into positions that Elevance Health contends are "substantially similar" to their former roles at the company. The complaint states that Elefant’s new role at Hamaspik involves overseeing healthcare management services, while Koegel’s role involves claims adjudication—both areas in which they had access to Elevance Health’s trade secrets, including claims adjudication system configurations and operational methodologies (Compl. ¶149).

The complaint further alleges that Hamaspik systematically hired former Elevance Health employees performing the same functions, including those bound by restrictive covenants or who misappropriated confidential information (Compl. ¶162).

Civil Conspiracy Claim (Count VIII)

Elevance Health Companies, Inc. alleges that all defendants—Hamaspik, Inc., Esther Elefant, Adam Koegel, Vladamir Robu, and Yaritza Castillo—conspired to recruit Elevance Health personnel and misappropriate its trade secrets in a coordinated effort to undermine the company’s competitive advantages in New York’s managed long-term care (MLTC) and Fully Integrated Duals Advantage (FIDE) plan markets. The complaint asserts that the defendants acted in concert to undermine Elevance Health’s operations following its acquisition of Centers Plan for Healthy Living LLC in December 2024, which provided critical institutional knowledge, proprietary methodologies, and an experienced workforce (Compl. ¶38).

The complaint identifies specific overt acts in furtherance of the conspiracy, including the transmission of confidential information by Elefant, Robu, and Castillo to their personal accounts before resigning, as well as their acceptance of "virtually identical" roles at Hamaspik. According to the filing, these actions were part of a deliberate scheme. The complaint alleges that Elefant, for example, emailed 192 confidential documents, including a 193-page D-SNP Model of Care, to her personal account on June 21–22, 2026, days before her resignation. Similarly, Robu is accused of emailing a 400-page Events Management Master Programs Tracker Report and other proprietary materials to his personal account before joining Hamaspik (Compl. ¶88–92).

Elevance Health contends that the defendants’ actions were not isolated incidents but part of a broader pattern of conduct designed to replicate its competitive advantages at Hamaspik. The complaint alleges that Hamaspik systematically hired former Elevance Health employees, including those who had access to trade secrets, to gain an unfair advantage in the FIDE plan market. The filing states that the defendants’ new roles at Hamaspik are "substantially similar" to their former positions at Elevance Health, suggesting that the misappropriated information is being actively used to benefit Hamaspik’s operations. For instance, Elefant, who previously served as Director II of Healthcare Management Services at Elevance Health, is now employed by Hamaspik in a leadership role overseeing similar functions, while Robu, formerly a Manager of Sales for Medicare products, is now Hamaspik’s Director of Medicare Sales (Compl. ¶87).

The complaint further alleges that Elefant solicited at least two of her direct reports to resign and join Hamaspik. According to the complaint, the defendants’ actions have caused harm, as the misappropriated trade secrets—developed over years and at a cost of millions of dollars—cannot be returned to secrecy once disclosed (Compl. ¶147).

Elevance Health’s complaint asserts that the defendants’ coordinated actions satisfy the standard for civil conspiracy under New York common law, as they allegedly worked together to recruit personnel, misappropriate trade secrets, and undermine Elevance Health’s competitive position in the New York MLTC and FIDE plan markets. The complaint states that the defendants’ actions were part of a deliberate effort "to strip Elevance Health of its personnel, confidential information, and trade secrets" (Compl. ¶173).

Relief Sought and Procedural Posture

Elevance Health Companies, Inc. has filed a verified complaint seeking injunctive relief to prevent further misappropriation of its trade secrets and breach of restrictive covenants by Hamaspik, Inc. and the individual defendants. The complaint alleges that once disclosed, the trade secrets—including proprietary care management protocols, member engagement strategies, and financial performance data—"cannot be returned to their prior state of secrecy" (Compl. ¶147). Elevance Health contends that the defendants’ actions, including the emailing of 192 confidential documents to personal accounts, have already caused damage that cannot be remedied through monetary compensation alone.

The complaint was verified on July 23, 2026, by Dr. Christy Valentine Theard, Plan President for Elevance Health Medicaid and Medicare in New York, under penalty of perjury. The verification attests to the accuracy of the allegations, including the defendants’ alleged misappropriation of confidential information and breach of restrictive covenants. The complaint emphasizes the urgency of the matter, citing the defendants’ ongoing use of misappropriated trade secrets in their new roles at Hamaspik, which are described as "virtually identical" to their former positions at Elevance Health. The complaint states, "There is no legitimate reason for these individuals to have taken this information other than to use it in their new roles at Hamaspik" (Compl. ¶2).

The complaint further alleges that Hamaspik knowingly facilitated and benefited from the defendants’ misappropriation of trade secrets, including by hiring employees who had already emailed confidential documents to their personal accounts. The allegations described here are taken from the filing and remain unproven; no responsive pleading is reflected in the source document.

The allegations described here are taken from the filing and remain unproven; no responsive pleading is reflected in the source document.

David Brunk is a civil litigation attorney. He can be reached at david@newmanbrunk.com.