On Wednesday, Activision Blizzard told CNN in a statement: “We disagree with the allegations made in this complaint and look forward to presenting our arguments to the Court.”
CNN obtained a public version of the complaint dated May 2 from the Office of the New York City Comptroller. The original complaint, filed in the Court of Chancery in Delaware, was dated April 26. Asked for comment, the New York City comptroller’s office referred CNN to the New York City Law Department, which is handling the litigation. The department did not immediately respond to a request for comment.
Thanks to the Microsoft deal, the complaint alleged, “Kotick will be able to escape liability and accountability entirely, and will instead continue to serve as an executive after the Merger closes. Worse, despite his potential liability for breaches of fiduciary duty, the Board allowed Kotick himself to negotiate the transaction with Microsoft. The Board’s decision to entrust Kotick with the negotiation process is inexcusable for the additional reason that Kotick stands to personally receive substantial material benefits whose value is not directly aligned with the Merger price.”
The suit is the latest legal headache for Activision Blizzard, which faces an array of federal probes and investor suits tied to the allegations of workplace misconduct.
The complaint follows multiple requests for Activision Blizzard records by NYC pension officials since October 2021, and it argues the company has been insufficiently responsive. Among the records now sought after by the officials are board presentations, minutes, memos and other documents related to the Microsoft deal and specifically related to Kotick’s role dele in the matter.