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Post by agedhippie on Sept 25, 2016 19:44:17 GMT -5
You could file it in the arbitration but it's probably pointless since at best it is hearsay but more likely it is speculation. It looks to me like he is guessing from his own view of problems that he saw. Unless he was part of the decision making, which seems unlikely or he would have been more specific, I think it amounts to nothing. The statement about his supervisor reinforces his distance from the decision making. the point of interest is "reasonable commercialization efforts" - How would the efforts differ if it was from the view of sales person or from the view of Oliver? The view of the sales person would be of more interest actually , as he is the one on the road and has to be provided what he needs? Because the concern of the arbitration will be what corporate direction Olivier gave to achieve "reasonable commercialization efforts". The thoughts of a random salesman in the field are not material because they do not have a view of the whole operation. Sanofi are going to have a mountain of evidence that they met the efforts clause because they had months to prepare before the termination in January. The test is whether they applied "reasonable commercialization efforts" and not whether they had the strategy right, or even the tactics right.
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