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Mr. Rivera’s work required that he interact with Alcon P.R.
employees and with MedChem U.S.A. employees. Alcon P.R. invoiced
MedChem P.R. for the amount that it paid Kelly for Mr. Rivera’s
services, and MedChem P.R. accounted for its payment of these
invoices as an expense for outside services for office support.
Mr. Rivera’s status as a Kelly employee ceased on November 1,
1993, when he was retained by MedChem P.R. as an independent
consultant.
Mr. Sullivan supervised MedChem U.S.A.’s Amvisc operation
through 1993. He was listed as a MedChem P.R. director on its
corporate records, but he never performed any duties as a MedChem
P.R. director. He performed as a MedChem U.S.A. officer the
following ancillary activities relating to Avitene: (1) He
prepared and maintained schedules listing MedChem U.S.A.’s
requirements for Avitene for specified periods during the year,
(2) he forwarded those schedules to Mr. Shepherd to deliver (or
sometimes he delivered them himself) to Alcon P.R. and to the
planner/buyer, (3) he reviewed the results of the quality
assurance tests which were prepared by and received from Alcon
P.R., and (4) he monitored the sales of Avitene to customers. He
did not attend the weekly manufacturing meetings held with Alcon
P.R. managers at Alcon P.R.’s facility.
MedChem P.R. maintained a checking account in Puerto Rico
through September 25, 1991. MedChem P.R. used that account to
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