Item 8.01 Other Events.



On May 3, 2021, a complaint was filed against Matthew Levin by his former employer, ADP, Inc. ("ADP"), followed on May 5, 2021 by an application for a temporary restraining order and preliminary injunction in the United States District Court for the District of New Jersey (collectively, the "ADP Complaints"). The ADP Complaints allege that Mr. Levin, the recently appointed President and Chief Executive Officer of Benefitfocus, Inc. (the "Company"), in beginning employment with the Company would be in violation of restrictive covenant agreements he entered into with ADP while he was employed as its Chief Strategy Officer. The ADP Complaints request, among other things, an injunction from the court barring Mr. Levin's employment with the Company.

The Company believes the claims made in the ADP Complaints are without merit and Mr. Levin intends to vigorously defend himself against these actions and begin his employment with the Company as planned on May 10, 2021.

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