Jason West and Vince Zampella File Lawsuit Against Activision

LOS ANGELES, March 3 /PRNewswire/ -- O'Melveny & Myers LLP today filed in Los Angeles County Superior Court a lawsuit against Activision Publishing, Inc., on behalf of video game developers Jason West and Vince Zampella.  West and Zampella developed two of the most successful videogames in history – Call of Duty and Modern Warfare – at the Infinity Ward studio, a company they co-founded in 2001.  After its acquisition by Activision in November 2003, West and Zampella served as president/game director and CEO, respectively.  Activision terminated their employment weeks before they were to be paid substantial royalty payments as part of their existing contracts for Modern Warfare 2.

"Activision has refused to honor the terms of its agreements and is intentionally flouting the fundamental public policy of this State (California) that employers must pay their employees what they have rightfully earned," said their attorney Robert Schwartz.  "Instead of thanking, lauding, or just plain paying Jason and Vince for giving Activision the most successful entertainment product ever offered to the public, last month Activision hired lawyers to conduct a pretextual 'investigation' into unstated and unsubstantiated charges of 'insubordination' and 'breach of fiduciary duty,' which then became the grounds for their termination on Monday, March 1st."

"We were shocked by Activision's decision to terminate our contract," said West.  "We poured our heart and soul into that company, building not only a world class development studio, but assembling a team we've been proud to work with for nearly a decade.  We think the work we've done speaks for itself." 

Zampella added, "After all we have given to Activision, we shouldn't have to sue to get paid."

Modern Warfare 2 is arguably one of the most successful games in history and together with Call of Duty, has generated more than $3 billion in sales for Activision.  In addition, Activision seized control of the Infinity Ward studio, to which Activision had previously granted creative control over all Modern Warfare-branded games.  The suit was filed to vindicate the rights of West and Zampella to be paid the compensation they have earned, as well as the contractual rights Activision granted to West and Zampella to control Modern Warfare-branded games.  

The suit includes claims for breach of contract, breach of the implied covenant of good faith and fair dealing, wrong termination in violation of public policy, and declaratory relief.

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SOURCE O'Melveny & Myers LLP