Activision Blizzard Lawsuit Complication [Oct 11, 2021, 11:57 am ET] – Share – Viewing Comments
It was reported
on Friday that the California Department of Fair Employment and Housing was
objecting to a proposed settlement for
a lawsuit filed against Activision Blizzard by the US Equal Employment
Opportunity Commission. This complicates an already complicated situation were
the publisher is fighting two different lawsuits over harassment in the
workplace. But now
PC Gamer has word that this case is more tangled than was previously
suspected, as it involves potential conflicts of interest. Here's
why:
Following this, the EEOC quickly responded with a memorandum of points opposing the DFEH's appeal that contain one pretty legally stunning revelation that leaves the case looking like it's going to become an enormous mess.
The long and short is that the DFEH case has been led by two lawyers that previously worked for the EEOC, and while working for the EEOC they investigated Activision Blizzard in relation to the claims that have led to the settlement. The settlement that they are now objecting to.
If true this would be a conflict of interest, a breach of professional ethics, and a violation of Californian law on the conduct of attorneys. Per the memorandum:
"Specifically, two DFEH attorneys—who play leadership roles within the organization—previously served as EEOC who helped to direct the EEOC's investigation into Commissioner's Charge No. 480-2018-05212 against Activision Blizzard, Inc. These same attorneys then proceeded to represent DFEH in connection with these intervention proceedings, which seek to oppose the consent decree that arose out of the very investigation they helped to direct while at the EEOC."
I never want to defend lawyers, but...
From what I heard/read, as part of the settlement agreement for the EEOC lawsuit, Activision Blizzard would delete or legally seal from any employee record anything having to do with the misconduct they are accused of. Since the DFEH lawsuits is still ongoing, the deletions would mean Blizzard would be using the settlement agreement of the EEOC lawsuit in order to destroy evidence related to the ongoing DFEH lawsuit.
IMO, it just looks like the two attorneys that worked at EEOC and DFEH didn't want the EEOC to settle the lawsuit for just $18 million, which is barely pocket change for Activision Blizzard. So, they left and starting a new lawsuit via the DFEH. That said, the lawyers get paid either way, so maybe they are just greedy bastards.
From what I heard/read, as part of the settlement agreement for the EEOC lawsuit, Activision Blizzard would delete or legally seal from any employee record anything having to do with the misconduct they are accused of. Since the DFEH lawsuits is still ongoing, the deletions would mean Blizzard would be using the settlement agreement of the EEOC lawsuit in order to destroy evidence related to the ongoing DFEH lawsuit.
IMO, it just looks like the two attorneys that worked at EEOC and DFEH didn't want the EEOC to settle the lawsuit for just $18 million, which is barely pocket change for Activision Blizzard. So, they left and starting a new lawsuit via the DFEH. That said, the lawyers get paid either way, so maybe they are just greedy bastards.
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