Statement by Robert Schwartz, Attorney for Jason West and Vince Zampella

LOS ANGELES, April 9 /PRNewswire/ -- O'Melveny & Myers LLP partner Robert M. Schwartz, the attorney representing Jason West and Vince Zampella, provided the following statement in response to Activision's counterclaim in the West & Zampella v. Activision case:

The allegations Activision made today are false and outrageous.  Just one example is Activision's allegation that Jason and Vince conspired to spin off Infinity Ward.  Activision itself proposed spinning off Infinity Ward when, last year, it sought to renegotiate Jason and Vince's contract to induce them to forego developing a new game in favor of doing another Modern Warfare sequel. Jason and Vince had hired the Creative Artists Agency to advise them in their negotiations with Activision, not to breach their contract.  The conversations with IW employees, talent agents, and others during these negotiations with Activision were conducted to see if Activision's proposal could work, and not in disrespect of their obligations to Activision.

Activision's inaccurate and misguided allegations lose sight of the reality here:  None of the false claims of insubordination or breach of duties had any negative affect on Activision -- none.  Modern Warfare 2 has been the world's most successful video game.  And none of this changes the fact that Jason and Vince would still be at Infinity Ward developing new games except that Activision kicked them out.  This is just an Activision tactic to avoid paying Jason and Vince and everyone else at Infinity Ward the millions of dollars they all earned and that Activision owes them.  Since being fired by Activision, Jason and Vince have taken steps to regain control over their creative future and plan to have an announcement very soon.

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SOURCE O'Melveny & Myers LLP