Compliance Takeaways From Activision Blizzard’s $35‑Million SEC Resolution Regarding Whistleblower Protections and Workplace Misconduct

The SEC announced on February 3, 2023, that Activision Blizzard Inc. (Activision), a California video game developer, agreed to pay $35 million to settle charges that it failed to maintain disclosure controls to ensure that it could assess the adequacy of disclosures pertaining to its workforce. Activision also settled charges that it violated an SEC whistleblower protection rule by asking ex‑employees to tell it if they received an SEC information request. The resolution sparked discussion among compliance practitioners and employment lawyers, given a rare dissenting opinion and the fact that it followed a major EEOC investigation and enforcement action. We spoke with Ropes & Gray partner Jeremiah Williams and senior advisor Hui Chen about what the resolution signaled. This article distilled their insights.

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