ATVI » Topics » III. CLAIMS OF THE PLAINTIFFS AND BENEFITS OF SETTLEMENT

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

 

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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
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



 



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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.



EXCERPTS ON THIS PAGE:

10-K (2 sections)
May 30, 2008
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