Item 8.01 Other Events.
On May 3, 2021, a complaint was filed against Matthew Levin by his former
employer, ADP, Inc. ("ADP"), followed on May 5, 2021 by an application for a
temporary restraining order and preliminary injunction in the United States
District Court for the District of New Jersey (collectively, the "ADP
Complaints"). The ADP Complaints allege that Mr. Levin, the recently appointed
President and Chief Executive Officer of Benefitfocus, Inc. (the "Company"), in
beginning employment with the Company would be in violation of restrictive
covenant agreements he entered into with ADP while he was employed as its Chief
Strategy Officer. The ADP Complaints request, among other things, an injunction
from the court barring Mr. Levin's employment with the Company.
The Company believes the claims made in the ADP Complaints are without merit and
Mr. Levin intends to vigorously defend himself against these actions and begin
his employment with the Company as planned on May 10, 2021.
© Edgar Online, source Glimpses