SUMMARY - Tim Day was a sales representative in 2011 for an exclusive distributor of NuVasive's products. During this period, Tim entered a 12-month, post-employment noncompete and non-solicitation contract with NuVasive. In 2019, Timothy joined an Alphatec distributorship and "encouraged" three surgeons to come over to ATEC, thus violating his non-solicitation agreement.
Court Awards NuVasive $1.6 Million For Employee Non-Compete Breach (Mondaq)
On March 28, 2022, Judge Denise Casper of the District of Massachusetts awarded NuVasive, Inc. $1.6 million in damages after finding that the defendant, a former employee of NuVasive, Timothy Day, breached his non-compete and non-solicitation clauses in his employment agreement with NuVasive.
NuVasive, a medical device manufacturer for spinal diseases, hired Day in August 2011 as a sales representative for an exclusive distributor of NuVasive's products. In January 2019, NuVasive assigned its distribution rights in Massachusetts and Rhode Island to Rival Medical LLC and transferred Day to Rival to serve as an independent distributor of NuVasive products and promoted him to the position of President at Rival. Day ente...
