Item 8.01 Other Events.
As previously disclosed by Benefitfocus, Inc. (the "Company"), on May 3, 2021, a
complaint was filed against Matthew Levin, our President and Chief Executive
Officer, by his former employer ADP, Inc. ("ADP"), alleging that Mr. Levin's
employment with the Company violates restrictive covenant agreements he
previously entered into with ADP. On May 5, 2021, ADP filed an application for a
temporary restraining order and preliminary injunction in the United States
District Court for the District of New Jersey requesting an injunction from the
court barring Mr. Levin's employment with the Company.
Following a hearing on May 25, 2021, the District Court denied ADP's application
for a temporary restraining order and preliminary injunction. The litigation
between ADP and Mr. Levin is ongoing. The Company continues to believe ADP's
claims are without merit and Mr. Levin will continue to vigorously defend
himself against these actions.
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