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(SB #097802) [email protected]
Electronically FILED by Superior Court of California, County of Los Angeles on 12/04/2020 09:16 AM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Mariscal,Deputy Clerk 20SMCV01866 Assigned for all purposes to: Santa Monica Courthouse, Judicial Officer: H. Ford III 1 DANIEL M. PETROCELLI (S.B. #097802) [email protected] 2 MOLLY M. LENS (S.B. #283867) [email protected] 3 O’MELVENY & MYERS LLP 1999 Avenue of the Stars, 8th Floor 4 Los Angeles, CA 90067-6035 Telephone: (310) 553-6700 5 Facsimile: (310) 246-6779 6 ERIC AMDURSKY (S.B. #180288) [email protected] 7 O'MELVENY & MYERS LLP 2765 Sand Hill Road 8 Menlo Park, California 94025 Telephone: (650) 473-2600 9 Facsimile: (650) 473-2601 10 Attorneys for Plaintiff ACTIVISION BLIZZARD, INC. 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 COUNTY OF LOS ANGELES, WEST DISTRICT 14 ACTIVISION BLIZZARD, INC., a Delaware Case No. Corporation, 15 Plaintiff, COMPLAINT FOR: 16 vs. (1) Intentional Interference with 17 Contract; NETFLIX, INC., a Delaware Corporation, and 18 DOES 1 through 25, inclusive, (2) Unfair Competition – Cal. Bus. & Prof. Code §§ Code 17200 et seq.; and 19 Defendants. (3) Aiding and Abetting Breach of 20 Fiduciary Duty 21 DEMAND FOR JURY TRIAL 22 23 24 25 26 27 28 COMPLAINT 1 Plaintiff Activision Blizzard, Inc. (“Plaintiff” or “Activision”), for its complaint against 2 Netflix, Inc. (“Netflix” or “Defendant”), alleges on knowledge as to itself and its own acts, and on 3 information and belief as to all other matters, as follows: 4 NATURE OF ACTION 5 1. -
Activision Blizzard, Inc
Investment Club Presentation Activision Blizzard, Inc. (ATVI) Analyst: Niko Martinovic 5-Yr Stock Performance $90 $80 $70 $60 $50 $40 $30 Decline in stock primarily driven by analyst sentiment changes, missing expectations, CFO firings, $20 and most recently, Bungie games leaving ATVI $10 $0 1/15/20144/15/20147/15/201410/15/20141/15/20154/15/20157/15/201510/15/20151/15/20164/15/20167/15/201610/15/20161/15/20174/15/20177/15/201710/15/20171/15/20184/15/20187/15/201810/15/2018 Source: AIM/Martinovic 2018, Company Filings, S&P Capital IQ, and IBIS World 2 They’re Wrong Activision Blizzard has three meaningful and diverse revenue streams that can all grow in unique ways. E-Sports and Virtual Reality are the most exciting growth opportunities in this industry and ATVI is the best positioned to take advantage of it with the power of their brands, aggressive R&D spend, and patience. Source: 3 Note: Three Year Stock Performance ATVI has outperformed the S&P consistently since early 2017 while the Peer Set1 has reverted back. 160.00% 140.00% Stock Price $46.85 Shares Outstanding $762.41mm 120.00% Market Cap $36.08bn 52 Week Range $43.71-$84.68 100.00% Avg. Volume 7,550,000 EPS (TTM) $2.13 80.00% Past Month Performance -1.60% Past 1 Year -33.63% 60.00% Past 5 Year 170.36% 40.00% 20.00% 0.00% -20.00% -40.00% 1/15/2016 4/15/2016 7/15/2016 10/15/2016 1/15/2017 4/15/2017 7/15/2017 10/15/2017 1/15/2018 4/15/2018 7/15/2018 10/15/2018 S&P ATVI Peer Set Source: AIM/Martinovic 2018, Company Filings, S&P Capital IQ, and IBIS World 4 1Electronic Arts, Ubisoft, Take Two Interactive, Square Enix, and Zynga Company Overview & Monetization Activision Blizzard, Inc. -
Activision Case Study
RIVERSTAR.COM ACTIVISION CASE STUDY Entertainment Publisher uses RiverStar to Streamline Returns CHALLENGE Activision inherited the Guitar Hero brand through their acquisition of ABOUT ACTIVISION RedOctane. Activision was unfamiliar with warranty replacements required Headquartered in Santa Monica, California, from hardware games and for that reason, relied on legacy processes Activision Blizzard, Inc. is the world’s developed by RedOctane. Because RedOctane’s processes were mostly largest pure-play interactive entertainment manual, with no troubleshooting, Activision customers would be referred to software publisher with leading market RedOctane’s website for warranty support. For some games, the customer had positions across all categories of the growing to email a copy of the receipt, further delaying the time to process the claim. interactive entertainment software industry. The customer could call RedOctane for warranty support, but due to limited Activision is the video game publisher that resources, call handle times were very high. The resulting outcome was a large is best known for game franchises such as number of dissatisfied customers with the RedOctane warranty process. World of Warcraft, Guitar Hero, Tony Hawk With the growing popularity of gaming products with hardware components Ride and Call of Duty. With global operations and a pipeline of new hardware games on the horizon, Activision was tasked in 13 countries, Activision has grown into a with creating a new process that would be automated throughout the $5 billion video game powerhouse. company to provide a better customer experience. The Guitar Hero franchise continues to In addition to working with new warranty support processes, the Guitar Hero redefine gaming by delivering innovative World Tour game was released just before the busy 2008 holiday season. -
MI6 Confirms Activision's 007 Status - Quantum of Solace(TM) Video Game Makes Retail Debut
MI6 Confirms Activision's 007 Status - Quantum of Solace(TM) Video Game Makes Retail Debut Quantum of Solace Theme Song to Rock Guitar Hero(R) World Tour in November SANTA MONICA, Calif., Oct 31, 2008 /PRNewswire-FirstCall via COMTEX News Network/ -- Can't wait for the new movie to step into the shoes of James Bond? Activision Publishing, Inc. (Nasdaq: ATVI) today announced that the Quantum of Solace(TM) video game, based on the eagerly anticipated "Quantum of Solace" and prior "Casino Royale" James Bond films, is dashing into European retail outlets today, and will be available in North American stores on November 4, 2008. Developed under license from EON Productions Ltd and Metro-Goldwyn-Mayer Studios Inc. (MGM), the Quantum of Solace video game equips players with the weapons, espionage and hand-to-hand combat skills and overall charm needed to survive the covert lifestyle of legendary 007 secret agent James Bond. "Activision's Quantum of Solace video game marks the first time players can become the newly re-imagined, dangerous and cunningly efficient James Bond as portrayed by Daniel Craig," said Rob Kostich, Head of Marketing for Licensed Properties, Activision Publishing. "We're extremely pleased to release the game day and date with the new movie, so for those of us waiting for the new era in Bond gaming, Quantum of Solace has arrived." The Quantum of Solace video game balances a unique variety of gameplay elements, blending intense first-person action with a new third-person cover combat system, enabling players to strategically choose the best combat tactics for each situation. -
Firm Ecologies: Life Science and Video Game Industries in Liverpool
Firm Ecologies: Life Science and Video Game Industries in Liverpool Thesis submitted in accordance with the requirements of the University of Liverpool for the degree of Doctor in Philosophy by Dane Kevan Anderton. September 2014 1 Abstract This research examines the life science and video games industries in Liverpool. Previous research on agglomerations and cities tends to focus on epicentres or high concentration places such as Silicon Valley or global cities such as London and Tokyo, neglecting the northern post-industrial cities such as Liverpool, Leeds or Newcastle. Equally, many studies tend to focus in on one particular industry, whereas this research examines two key knowledge economy sectors in one place. Petilis (2012) argues that the cluster literature has become overemphasised and lacks analytical ability in the investigation of smaller firms and highly diverse concentrations of activity. An alternative ecological perspective is used in this thesis, which is considered more reflexive and flexible to the composition of the agglomerations seen outside the epicentres of the global economy. Using the heterarchical approach, as outlined by Grabher (2001), this research investigates the emergence and organisation of Liverpool’s life science and video game industries. It reveals the changing composition of the industries in Liverpool and how firms are connected into wider production networks beyond Liverpool. Finally, the research analyses how the two industries are situated in the anatomy of the city. The key findings are generated from a mixed methodology utilizing qualitative semi-structure interviews with owner-managers, industry informants and supporting institutions. Secondary quantitative data has been used gathered from annual reports, company websites, industry association and office for national statistics. -
AM General V. Activision Blizzard
Case 1:17-cv-08644-GBD-JLC Document 218 Filed 03/31/20 Page 1 of 29 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORI( -- -- ----- -- -- ------------------------- --x AM GENERAL LLC, Plaintiff, MEMORANDUM DECISION -against- AND ORDER ACTIVISION BLIZZARD, INC., ACTIVISION 17 Civ. 8644 (GBD) PUBLISHING, INC., and MAJOR LEAGUE GAMING CORP., Defendants. --------- -- --- -- --------- -- -- -- ---- -- - --x GEORGE B. DANIELS, United States District Judge: Plaintiff AM General LLC ("AMG") brings this action against Defendants Activision Blizzard, Inc. and Activision Publishing, Inc. (collectively, "Activision") and Major League Gaming Corp. ("MLG") for trademark infringement, trade dress infringement, unfair competition, false designation of origin, false advertising, and dilution under the Lanham Act, 15 U.S.C. §§ 1114, 1125, and 1125(c), respectively. (Compl., ECF No. 1, ~~ 82-147.) AMG also raises pendant New York state law claims for trademark infringement, unfair competition, false designation of origin, trade dress infringement, false advertising, and dilution. (Jd. ~~ 148-81.) On May 31, 2019, Defendants moved for summaty judgment on all of AMG's claims pursuant to Federal Rule of Civil Procedure 56. (Defs. Activision and MLG's Notice of Mot. for Summ. J., ECF No. 131.) On the same day, Plaintiff moved for partial summaty judgment on Defendants' laches claim pursuant to Federal Rule of Civil Procedure 56(a). (PI. AMG's Notice of Mot. for Partial Summ. J., ECF No. 138.) Subsequently, Defendants filed a motion to strike (1) certain portions of Plaintiffs Rule 56.1 statement of material facts and (2) the "experiment" contained in the rebuttal report of Plaintiff s expeli, Dr. Y oran Wind ("MTS I"). -
Starbucks to Grow in Yunnan Percent of the IPO Proceeds Chemchina Currently to Expand and Upgrade Its Has Four Overseas Subsidiar- European Plants and Another Ies
10 businesscompanies SATURDAY, NOVEMBER 13, 2010 CHINA DAILY Bluestar Adisseo seeks $1.56 billion in HK IPO BEIJING — Bluestar Adisseo Nutrition Group, the French animal-nutrition company backed by China National Chemical Corp (ChemChina), is seeking In all of our compa- HK$12.08 billion ($1.56 bil- nies we show respect lion) in a Hong for diff erent cultures, RETAIL Kong initial public ‘‘ offering, accord- which I believe is the ing to a term sheet sent to key to success.” investors. REN JIANXIN Bluestar Adisseo is off er- PRESIDENT, CHEMCHINA ing 2.3 billion shares, or 25 percent of the company, at HK$3.50 to HK$5.25. pany would take advantage Pricing the stock at the of its rich resources in the ARIANA LINDQUIST / BLOOMBERG top end of the range would country to help Bluestar Howard Schultz (center), chairman, president and chief executive offi cer of Starbucks Corp, speaks at a news conference after a signing ceremony for a Memorandum give the company a market Adisseo to achieve further of Understanding (MOU) between Starbucks Corp, the Yunnan Academy of Agricultural Science and the People’s Government of Pu’er city, in Kunming, Yunnan capitalization of about development. province, on Friday. Starbucks Corp, the world’s biggest coff ee chain, will set up a farm and processing facilities in China’s southern Yunnan province. $6.23 billion. Deutsche “In all of our companies Bank AG and Morgan we show respect for diff er- Stanley are managing the ent cultures, which I believe sale. is the key to success,” said The company will use 40 Ren. -
Esports – Who Are the Big Players and the Likely
Esports – Who are the big players and the likely winners Millennial driven esports continues to grow rapidly. The number of esports enthusiasts worldwide was estimated to be ~165 million in 2018, and for total global viewers, the forecast is ~453 million in 2019. Esports global revenue is forecast to pass US$1b in 2019 and by 2022 the global eSports market revenue is forecast to reach US$1.79 billion growing at a CAGR of 22.3%. The big players in esports Activision Blizzard Inc. (NASDAQ: ATVI) Activision Blizzard owns the popular Overwatch League as well as World of Warcraft, StarCraft, Diablo, and Hearthstone. In 2018 Activision Blizzard signed a multiyear deal with Walt Disney to broadcast the Overwatch League. As of March 2018, it was the largest game company in the Americas and Europe in terms of revenue and market capitalization. Activision Blizzard has several business units: Activision Publishing, Blizzard Entertainment, King, Major League Gaming,and Activision Blizzard Studios. Alphabet Inc. (NASDAQ: GOOGL) Alphabet (Google) has a new cloud gaming platform called Stadia. It operates games hosted on remote servers and then streams video content to connected devices, including smartphones, tablets, computers and TVs. Other competitors in the streaming space include Amazon (Twitch), Facebook, Twitter, Microsoft, Tencent, and Alibaba. Amazon (NASDAQ: AMZN) Amazon’s Twitch leads the online USA streaming market. Amazon acquired Twitch for nearly $1 billion in 2014. Twitch is only a very small percentage of Amazon’s massive revenue. Electronic Arts Inc. (NASDAQ: EA) Electronic Arts is an American video game company headquartered in California. It is the second-largest gaming company in the Americas and Europe by revenue and market capitalization. -
Net Neutrality and Game Development Back in 2007 … FCC Goal
Net Neutrality and Game Development Back in 2007 … FCC Goal “[W]e seek to preserve the open, safe, and secure Internet and to promote and protect the legitimate business needs of broadband Internet access service providers and broader public interests such as innovation, investment, research and development, competition, consumer protection, speech, and democratic engagement.” Open Internet NPRM (October 2009) The Core Distinction Telecommunications services The offering of telecommunications for a fee directly to the public. “Telecommunications” is the transmission of information of the user’s choosing, without change in the form or content of the information as sent and received. Information services The offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications. FCC Classification Decisions Conclusion: Broadband Internet Access Service is an information service. The transmission element is not a separate component that must be offered to others. “Telecommunications service” obligations do not apply. 2005 FCC Policy Statement Consumers are entitled to access the lawful Internet content of their choice; Consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement; Consumers are entitled to connect their choice of legal devices that do not harm the network; and Consumers are entitled to competition among network providers, application and service providers, and content -
Video Games and the Mobilization of Anxiety and Desire
PLAYING THE CRISIS: VIDEO GAMES AND THE MOBILIZATION OF ANXIETY AND DESIRE BY ROBERT MEJIA DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Communications in the Graduate College of the University of Illinois at Urbana-Champaign, 2012 Urbana, Illinois Doctoral Committee: Professor Kent A. Ono, Chair Professor John Nerone Professor Clifford Christians Professor Robert A. Brookey, Northern Illinois University ABSTRACT This is a critical cultural and political economic analysis of the video game as an engine of global anxiety and desire. Attempting to move beyond conventional studies of the video game as a thing-in-itself, relatively self-contained as a textual, ludic, or even technological (in the narrow sense of the word) phenomenon, I propose that gaming has come to operate as an epistemological imperative that extends beyond the site of gaming in itself. Play and pleasure have come to affect sites of culture and the structural formation of various populations beyond those conceived of as belonging to conventional gaming populations: the workplace, consumer experiences, education, warfare, and even the practice of politics itself, amongst other domains. Indeed, the central claim of this dissertation is that the video game operates with the same political and cultural gravity as that ascribed to the prison by Michel Foucault. That is, just as the prison operated as the discursive site wherein the disciplinary imaginary was honed, so too does digital play operate as that discursive site wherein the ludic imperative has emerged. To make this claim, I have had to move beyond the conventional theoretical frameworks utilized in the analysis of video games. -
August 5, 2021 Robert J. Morgado Lead Independent Director
August 5, 2021 Robert J. Morgado Lead Independent Director Activision Blizzard, Inc. 3100 Ocean Park Boulevard Santa Monica, CA 90405 Dear Mr. Morgado: While we appreciate the improved tone and increased detail in CEO Kotick’s recent letter to Activision Blizzard employees, customers, and shareholders,1 the changes Mr. Kotick has announced do not go nearly far enough to address the deep and widespread issues with equity, inclusion, and human capital management at the company. To wit: • No changes have been announced or proposed that would in any way alter the current process for filling vacancies either to the board of directors or to senior management. • No changes have been announced with respect to executive pay, either with respect to clawing back compensation from executives who are found to have engaged in or enabled abusive practices, or to align executives with the equity goals Mr. Kotick articulated. • The announced review by Wilmer Hale is deficient in a number of ways: this firm has a sterling reputation as a defender of the wealthy and connected, but it has no track record of uncovering wrongdoing, the lead investigator does not have in-depth experience investigating workplace harassment and abuse, and the scope of the investigation fails to address the full range of equity issues Mr. Kotick acknowledges. We believe that to ensure smooth operations and a strong reputation going forward, Activision Blizzard should commit to the following changes: • Increase board diversity and equity by adding a woman director – preferably one with a history of advocacy for marginalized people and communities - by the end of 2021, committing to gender-balance on the board by 2025, and reserving at least one board seat for a nominee selected by current employees as their representative. -
Activision Announces Partnership with Metallica for First Ever
Activision Announces Partnership with Metallica for First Ever Simultaneous Release of New Record "Death Magnetic" in Stores and for Download in Guitar Hero® Video Game Company Confirms Upcoming Game Lineup and Announces Five New Titles Santa Monica, CA – July 15, 2007 – Activision Publishing (Nasdaq: ATVI) today revealed that Metallica's highly-anticipated full studio album, "Death Magnetic," will be available simultaneously in record stores and as downloadable content for the world's best-selling rhythm-based video game series, Guitar Hero®. Metallica fans will be able to rock out to new anthems from the band in Guitar Hero® III: Legends of Rock this September and will be able to unite on drums, guitar and vocals as the album will also be released as downloadable content for Guitar Hero® World Tour when it ships this Fall. The company also confirmed its upcoming game slate and announced five new titles in development. Activision's fall 2008 game lineup includes Call of Duty®: World at War, Guitar Hero® World Tour, Quantum of Solace™ and Spider-Man™: Web of Shadows. In addition, the company announced that it is currently in development on Wolfenstein™, the highly anticipated title from id Software and Raven Software; Marvel™ Ultimate Alliance 2: Fusion by Vicarious Visions, the sequel to one of the best- selling action RPGs; Singularity (Working Title), a first person action game, based on an all-new wholly owned intellectual property, from Raven Software; ; a Luxoflux game based on "Transformers: Revenge of the Fallen" from DreamWorks Pictures and Paramount Pictures, in association with Hasbro, the follow-up to one of 2007's biggest blockbuster movies and games; and a title based on Twentieth Century Fox/Marvel's X-Men Origins: Wolverine in development at Raven Software.