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New lawsuit against Activision Blizzard accuses Bobby Kotick of using Microsoft sale to escape liability for misconduct allegations
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<blockquote data-quote="FAST6191" data-source="post: 9820391" data-attributes="member: 32303"><p>You say that but such things have been floated for some time now</p><p><a href="https://www.forbes.com/sites/insertcoin/2019/01/04/in-2019-the-state-of-activision-blizzard-is-not-strong/?sh=69d5302e3039" target="_blank">https://www.forbes.com/sites/insertcoin/2019/01/04/in-2019-the-state-of-activision-blizzard-is-not-strong/?sh=69d5302e3039</a></p><p><a href="https://www.cnbc.com/2019/02/12/activision-blizzard-down-50-percent-in-4-months-strategist-says-buy-.html" target="_blank">https://www.cnbc.com/2019/02/12/activision-blizzard-down-50-percent-in-4-months-strategist-says-buy-.html</a></p><p></p><p><a href="https://www.gamerevolution.com/news/570827-disney-activision-buyout-works-recent-interview" target="_blank">https://www.gamerevolution.com/news/570827-disney-activision-buyout-works-recent-interview</a></p><p><a href="https://edition.cnn.com/2019/08/09/investing/activision-blizzard-q2-2019-earnings/index.html" target="_blank">https://edition.cnn.com/2019/08/09/investing/activision-blizzard-q2-2019-earnings/index.html</a></p><p></p><p>They had a bit of a rally at the end of the year and things since make those charts from a few posts back harder to discern fine detail. This would have also been about the timeframe that costs of developing for "next gen" would have become apparent, and while I generally consider that a false notion (give or take inflation, and even then maybe not*, you are only choosing to spend more money) it does seem to be one that is prevalent within game dev circles.</p><p></p><p>*you can get some kid that squeaked through high level programming school to make a game today if you want and the <a href="https://www.cs.utah.edu/~elb/folklore/afs-paper/node4.html" target="_blank">https://www.cs.utah.edu/~elb/folklore/afs-paper/node4.html</a> style peeps from the assembly era would not have been able to come close.</p><p></p><p>I have certainly seen riper candidates for a takeover (looking through a bunch of <a href="https://investor.activision.com/annual-reports" target="_blank">https://investor.activision.com/annual-reports</a> they were not necessarily leveraged up the eyeballs or anything like so many other consumer staples we have seen go pop these last few years) but looking at all those and their general position/market share/likely futures of their heavy hitters then would have been fools not to entertain discussions of something here.</p><p></p><p></p><p>I have been doing some reading since the earlier post. In your example such things would be more of a criminal concern and individual civil liability on top of that. If this is a civil financial concern (he is not alleged to have done anything* in the harassment aspects, and most limited companies have say a truly token sum for liability for things and maybe disqualification from holding a directorship in some circumstances, which if he is past what needed for retirement/age almost there and with more money than he could reasonably spend is no big deal) then it being wound up in a subdivision of Microsoft could lead things to be harder to collect on**. There are also some perks to having the case already in action as opposed to bringing it up later (Microsoft potentially having to set aside of a pot of money for this rather than saying "activision is just a trademark worth $1000, you can have it if you want").</p><p></p><p>*any wrongdoing then presumably having been actionable levels of ignorance of any claims (don't know what it would take to reach that) or some level of unlawful, or maybe unethical, suppression of them as it pertains to his duty to the shareholders or corporate governance. Though apparently this lawsuit does want to go there.</p><p></p><p>**when companies get taken over they don't always exist independently within the framework, and I am sure there are some very highly paid accountants and lawyers figuring out what to do here as far as future liabilities and staff retention -- hard to sue a company that is now little more than a name on a book somewhere and just so happens to license its own games and pay fees just so happening to equal their revenues. See also Hollywood accounting.</p><p></p><p>It is all quite odd and I am not sure how to explain it properly/fully but if we assume Activision/Mr Kotick did the deed as alleged (maybe there were some other investors looking to pay $100 per share but timeline was longer such that the other lawsuits could have hit the directors in the wallet or social standing*** more personally, this presumably being the need to unearth documents detailing other offers) then there are some legs/merit to the case. I am not sure what the resulting financial payout could be if it went all the way, or what the "go away now" number might be, or indeed if this is a potential spike to Microsoft's bid from somewhere and them needing to cloak it in a financial means (courts don't much care for making a point). What will be interesting to see is if this is quietly dropped if it becomes apparent all the other bids were actually lesser ones.</p><p></p><p>*** <a href="https://kotaku.com/please-quit-photoshopping-horns-onto-bobby-kotick-its-5968843" target="_blank">https://kotaku.com/please-quit-photoshopping-horns-onto-bobby-kotick-its-5968843</a></p><p><a href="https://www.nytimes.com/2012/12/16/business/bobby-kotick-of-activision-drawing-praise-and-wrath.html?pagewanted=1&hpw" target="_blank">https://www.nytimes.com/2012/12/16/business/bobby-kotick-of-activision-drawing-praise-and-wrath.html?pagewanted=1&hpw</a></p><p></p><p></p><p>He was still there for 30 years and that puts it into life's work territory, something I have seen plenty get an emotional attachment to.</p></blockquote><p></p>
[QUOTE="FAST6191, post: 9820391, member: 32303"] You say that but such things have been floated for some time now [URL]https://www.forbes.com/sites/insertcoin/2019/01/04/in-2019-the-state-of-activision-blizzard-is-not-strong/?sh=69d5302e3039[/URL] [URL]https://www.cnbc.com/2019/02/12/activision-blizzard-down-50-percent-in-4-months-strategist-says-buy-.html[/URL] [URL]https://www.gamerevolution.com/news/570827-disney-activision-buyout-works-recent-interview[/URL] [URL]https://edition.cnn.com/2019/08/09/investing/activision-blizzard-q2-2019-earnings/index.html[/URL] They had a bit of a rally at the end of the year and things since make those charts from a few posts back harder to discern fine detail. This would have also been about the timeframe that costs of developing for "next gen" would have become apparent, and while I generally consider that a false notion (give or take inflation, and even then maybe not*, you are only choosing to spend more money) it does seem to be one that is prevalent within game dev circles. *you can get some kid that squeaked through high level programming school to make a game today if you want and the [URL]https://www.cs.utah.edu/~elb/folklore/afs-paper/node4.html[/URL] style peeps from the assembly era would not have been able to come close. I have certainly seen riper candidates for a takeover (looking through a bunch of [URL]https://investor.activision.com/annual-reports[/URL] they were not necessarily leveraged up the eyeballs or anything like so many other consumer staples we have seen go pop these last few years) but looking at all those and their general position/market share/likely futures of their heavy hitters then would have been fools not to entertain discussions of something here. I have been doing some reading since the earlier post. In your example such things would be more of a criminal concern and individual civil liability on top of that. If this is a civil financial concern (he is not alleged to have done anything* in the harassment aspects, and most limited companies have say a truly token sum for liability for things and maybe disqualification from holding a directorship in some circumstances, which if he is past what needed for retirement/age almost there and with more money than he could reasonably spend is no big deal) then it being wound up in a subdivision of Microsoft could lead things to be harder to collect on**. There are also some perks to having the case already in action as opposed to bringing it up later (Microsoft potentially having to set aside of a pot of money for this rather than saying "activision is just a trademark worth $1000, you can have it if you want"). *any wrongdoing then presumably having been actionable levels of ignorance of any claims (don't know what it would take to reach that) or some level of unlawful, or maybe unethical, suppression of them as it pertains to his duty to the shareholders or corporate governance. Though apparently this lawsuit does want to go there. **when companies get taken over they don't always exist independently within the framework, and I am sure there are some very highly paid accountants and lawyers figuring out what to do here as far as future liabilities and staff retention -- hard to sue a company that is now little more than a name on a book somewhere and just so happens to license its own games and pay fees just so happening to equal their revenues. See also Hollywood accounting. It is all quite odd and I am not sure how to explain it properly/fully but if we assume Activision/Mr Kotick did the deed as alleged (maybe there were some other investors looking to pay $100 per share but timeline was longer such that the other lawsuits could have hit the directors in the wallet or social standing*** more personally, this presumably being the need to unearth documents detailing other offers) then there are some legs/merit to the case. I am not sure what the resulting financial payout could be if it went all the way, or what the "go away now" number might be, or indeed if this is a potential spike to Microsoft's bid from somewhere and them needing to cloak it in a financial means (courts don't much care for making a point). What will be interesting to see is if this is quietly dropped if it becomes apparent all the other bids were actually lesser ones. *** [URL]https://kotaku.com/please-quit-photoshopping-horns-onto-bobby-kotick-its-5968843[/URL] [URL]https://www.nytimes.com/2012/12/16/business/bobby-kotick-of-activision-drawing-praise-and-wrath.html?pagewanted=1&hpw[/URL] He was still there for 30 years and that puts it into life's work territory, something I have seen plenty get an emotional attachment to. [/QUOTE]
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