Global medical devices supplier successful against damages claims of disgruntled employee

Client(s) Global medical devices supplier

Jones Day successfully defended a German subsidiary of a U.S.-based manufacturer and distributor against an employee seeking compensation for various alleged breaches of his employment contract. The claim comprised of commission payments, and, of more concern to the employer, a motion asking the court to determine that certain clauses of its general terms of employment were unenforceable in Germany. Particularly in dispute were the clauses on non-compete, proprietary information, and confidentiality. During the litigation, Jones Day negotiated for the employee to leave the company with a very moderate severance agreement.