RegulatorySpine

Appeals court: Ex-Orthofix rep broke non-disclosure pact

By Brad Perriello

A former sales rep for Orthofix (NSDQ:OFIX) broke a non-disclosure agreement when he jumped ship for rival DonJoy Orthopedics (now DJO Global), a federal appeals court ruled yesterday.

The rep, Eric Hunter, worked for Orthofix for 12 years before joining DonJoy in 2012. According to the appeals court, Hunter and another Orthofix rep named Bob Lemanski negotiated their defection with DonJoy area vice president of sales Richard Spina, plotting for Hunter to solicit Orthofix customers through Lemanski.

“Upon joining DonJoy, Hunter would, through an introduction by Lemanski, sell bone growth stimulators to those doctors who were former Lemanski clients. Hunter would cease selling bone growth stimulators to his Orthofix customers and would instead introduce his customers to other DonJoy representatives,” according to the appeals court. “Orthofix’s damages expert calculated $2,224,490 in annual lost sales and $1,623,877 in total lost profits for accounts serviced by Hunter and Lemanski.”

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