These excerpts taken from the ATVI 10-K filed May 30, 2008.
III. CLAIMS OF THE PLAINTIFFS AND BENEFITS OF SETTLEMENT
The Plaintiffs believe that the claims asserted in the Actions, and the claims which could potentially be asserted, have merit. However, counsel for the Plaintiffs recognize and acknowledge the expense and length of continued proceedings necessary to prosecute the Actions against the Settling Defendants through trial and through appeals. Plaintiffs Counsel also have taken into account the uncertain outcome and the risk of any litigation, especially in complex actions such as the Actions, as well as the difficulties and delays inherent in such litigation. Plaintiffs Counsel also are mindful of the inherent problems of proof and possible defenses to the claims asserted in the Actions or which may be asserted. Plaintiffs Counsel believe that the Settlement set forth in this Stipulation confers substantial benefits
upon Activision and its stockholders. Based on their evaluation, Plaintiffs have determined that the Settlement set forth in the Stipulation is in the best interests of the Plaintiffs, Activision and its stockholders.
III. CLAIMS OF THE PLAINTIFFS AND BENEFITS OF