Kyle Bisceglie Quoted in Corporate Counsel on $24.5M Award for Former Orthofix Executives

Olshan litigation partner Kyle Bisceglie was quoted in Corporate Counsel’s article, “Former Orthofix Execs Fired Over Tawdry Texts Awarded $24.5M,” following an arbitrator’s $24.5 million award to three former Orthofix Medical executives represented by Olshan. The executives were terminated for cause in 2023 after private text messages surfaced during an internal investigation. Olshan successfully argued that virtually all of the messages predated the executives’ employment agreements with Orthofix and were exchanged privately among the three executives. “There was little legal or other precedent to invoke a so-called ‘moral turpitude clause’ based on private communications bereft of outward workplace conduct that actually impacted others in any tangible way,” Kyle told Corporate Counsel. “We argued it was an extraordinarily aggressive and punitive legal position for the company to take in these circumstances.” The article examines the arbitration outcome, the circumstances surrounding the executives’ terminations and the financial impact that followed.