Ben Miller joined The Campbell Firm PLLC as Counsel in 2012. Mr. Miller’s personal entrepreneurial experience often proves invaluable when advising pharmacists and pharmacy clients. Having owned his own pharmacy, which was sold to a nationally-branded pharmacy chain and having worked in other retail pharmacy and hospital settings, Mr. Miller has extensive knowledge of the practical aspects of operating a pharmacy and brings his knowledge and experience to help address legal issues in medical-related fields.
Recently, Mr. Miller advised a pharmacist who was considering joining a start-up pharmacy. Reviewing the Shareholders’ Rights Agreement and the Services Agreement that would secure the client’s employment with the start-up pharmacy provided an opportunity to get to the heart of the deal and whether the “partnership” among the people proposing to open the pharmacy would be good for the client. Since the pharmacist was the only pharmacist who would be an equity holder, certain considerations were important for this client to consider, among other things, any restrictive covenants that might prevent the client from working in the industry should the client decide to leave the start-up and the implications of this pharmacist being responsible for the regulatory compliance of the pharmacy. The client ultimately determined not to proceed.
“Sometimes it’s better to walk away from a deal,” Mr. Miller said. “Some pharmacists dream of owning their own pharmacy, but the economics have to work for everyone, or the deal simply won’t work for anyone.” That’s good advice for any entrepreneurial pharmacist reaching for that corner-pharmacy brass ring.