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Activision Facing Shareholder Lawsuit From NYC Pensions
Samson Amore
Samson Amore is a reporter for dot.LA. He holds a degree in journalism from Emerson College. Send tips or pitches to samsonamore@dot.la and find him on Twitter @Samsonamore.
Activision Blizzard is facing yet another lawsuit—this time from the Big Apple.
The New York City Employees’ Retirement System–along with various pension funds for the city’s firefighters, police and teachers–filed suit against the Santa Monica-based video game publisher in Delaware’s Court of Chancery last month, Axios reported on Wednesday.
The plaintiffs, all Activision Blizzard shareholders, claim that Activision CEO Bobby Kotick is responsible for devaluing the pension plans’ investments by failing to adequately address allegations of sexual harassment and discrimination at the company.
Kotick and his fellow Activision directors are also accused of pushing the company’s pending $69 billion merger with Microsoft “as a means to escape liability for their egregious breaches of fiduciary duty,” according to the lawsuit.
“Given Kotick’s personal responsibility and liability for Activision’s broken workplace, it should have been clear to the Board that he was unfit to negotiate a sale of the Company,” the lawsuit says. “But it wasn’t.”
In an email statement to dot.LA, Activision offered its standard response to lawsuits: “We disagree with the allegations made in this complaint and look forward to presenting our arguments to the Court.”
The complaint alleges that Kotick and Activision’s board harmed the pension plans’ investments by undervaluing the company’s stock and rushing into a deal with Microsoft after allegations of sexual misconduct and discrimination surfaced at the company. In November, the Wall Street Journal reported that Kotick knew about sexual misconduct allegations at Activision for years, but failed to inform the board or take action.
“It is now clear that during this lengthy tenure, Kotick was aware of numerous credible allegations of misconduct by the company’s senior executives—but did nothing to address them or prevent further offenses,” the lawsuit states. “Kotick therefore faced a strong likelihood of liability for breaches of fiduciary duty, together with other members of the Board.”
Kotick has faced pressure to resign as CEO in the wake of such reports, but remains in charge of the company and is reportedly eligible for more than $500 million in stock awards as a result of the Microsoft deal.
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Samson Amore
Samson Amore is a reporter for dot.LA. He holds a degree in journalism from Emerson College. Send tips or pitches to samsonamore@dot.la and find him on Twitter @Samsonamore.
https://twitter.com/samsonamore
samsonamore@dot.la
Terms of Misuse?: Breaking Down the Data TikTok Collects on Its U.S. Users
09:00 AM | July 19, 2022
TikTok has come under renewed scrutiny over how it handles U.S. data, with some lawmakers calling for an investigation into the Culver City-based company.
What kind of data does TikTok collect? And should we worry about a potential national security threat when Americans’ data is accessed by employees of ByteDance, TikTok’s Chinese parent company?
To answer these questions, dot.LA reviewed TikTok’s privacy policy and interviewed Thomas Germain, a technology writer for Consumer Reports who specializes in privacy issues.
What Data TikTok Collects
Like other social media giants, TikTok gobbles up a lot of user information. To start, TikTok receives names, ages, phone numbers and emails when people sign up for the service. The app also knows users’ approximate locations and mobile device identifiers, such as IP addresses.
Germain told dot.LA the most valuable info may come from the way users interact with the video sharing app. TikTok is quite good at figuring out peoples’ interests based on the videos or accounts they’ve previously liked or followed. Those insights are useful for advertisers and—potentially—for spreading political messages, Germain noted.
“This vast trove of data that every social media company has—on what people are interested in, what makes them upset, what makes them happy—is incredibly valuable,” he said.
The company’s privacy policy permits TikTok to collect a wide range of additional data, from consumers’ keystroke patterns to biometric info. However, the company says it doesn’t necessarily take in or store all of this. For example, keystroke patterns may be used solely for anti-fraud and spam purposes, according to TikTok. Regarding biometrics, TikTok said editing features may automatically locate a person’s face to apply an effect, but those features do not uniquely identify individuals.
Why U.S. government officials are concerned
TikTok is owned by Beijing-based tech giant ByteDance and China is an economic and foreign policy rival to the U.S. government. With the Chinese Communist Party (CCP) exerting considerable power over the nation’s tech companies, U.S. lawmakers and administration officials contend that TikTok’s Chinese ownership poses a national security risk.
“The CCP has a track record longer than a CVS receipt of conducting business & industrial espionage as well as other actions contrary to U.S. national security, which is what makes it so troubling that [ByteDance] personnel in Beijing are accessing this sensitive and personnel data,” Federal Communications Commissioner Brendan Carr recently said.
TikTok says it has never provided any U.S. user data to the Chinese government, nor would it do so if asked. Additionally, the company recently announced that all of U.S. user traffic is now routed to American software giant Oracle’s servers.
“The TikTok app is not unique in the amount of information it collects, compared to other mobile apps,” the company said.
TikTok is hardly the only company swallowing a lot of data on Americans, from car makers to smart doorbell firms. Consumers’ credit card purchases, contact lists and recent GPS locations are hawked by hundreds, if not thousands, of companies in the so-called data broker industry, Germain noted.
“If the Chinese government wanted it, they could just go out and buy it because it's for sale,” he said. “...I think people, when they're worried about TikTok doing something, they should ask themselves whether they should be worried about American companies doing the same thing.”
Still, Germain said there’s some genuine cause for concern, since China’s government has previously pushed the country’s companies to do its bidding. But to Germain, that concern has less to do with China knowing your phone number and more to do with propaganda.
“The Chinese government could instruct Tiktok to manipulate its algorithm to show people content that promotes the goals of the Chinese government,” Germain said. “That could totally happen and that is something that is of concern. But that does start to move away from questions of data privacy.”
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Christian Hetrick
Christian Hetrick is dot.LA's Entertainment Tech Reporter. He was formerly a business reporter for the Philadelphia Inquirer and reported on New Jersey politics for the Observer and the Press of Atlantic City.
What Does a TikTok Ban Mean for the Company’s LA Workforce?
05:00 AM | March 22, 2023
Evan Xie
From mass layoffs to the rocky economic climate, tech workers have had a rough few months. TikTok hasn’t been immune to these issues. In July, the company laid off about 100 employees across the globe, and then cut at least 20 advertising employees one month later. In January, TikTok cut a handful of people from its HR department over the team’s “limited practical value” to the company.
But TikTok also faces a problem different from any of its competitors—the US government is assessing whether or not its platform should be banned from the country. Leaving TikTok’s current 32,000 headcount in jeopardy of mass layoffs.
Though the company’s Chinese ownership is at the root of its political dispute, TikTok’s US headquarters are in Culver City. First opened in January 2020 with 400 employees, the location brought employees back to the office twice a week in July 2022. TikTok has not released information about how many employees work out of LA, but its Mountain View office houses roughly 1,000 employees. LinkedIn lists around 1,000 LA-based employees, but that number is slightly muddled by influencers listing TikTok as their employer. Offices in New York City, Austin and Nashville round out its US footprint.
Of course, TikTok could still be bought out by another company. But it's unclear what company would pay TikTok’s fee, which ranges from $40 billion to $100 billion. Experts have noted that major tech companies like Google and Meta already run their own social media platforms, so buying a competitor would open them up to antitrust scrutiny.
Others point to Microsoft and Oracle as potential buyers. But both companies have undergone recent layoffs this year, which brings into question how many TikTok employees would be kept aboard. Microsoft has also funneled $10 billion into OpenAI, which means the company might not be interested in diverting funds to a social media platform. Whoever the new owner is, the company could potentially scrap TikTok’s Culver City office, leaving a gaping hole in LA’s tech scene.
Still, any TikTok employee who survives a potential sale may benefit from a change in ownership. Even before the company was under political fire, TikTok faced scrutiny for cultural differences between its Chinese owner and its US offices. Last year, multiple employees across the country spoke out about being pressured to adhere to China’s “996 policy,” which has employees work 9 a.m. to 9 p.m., six days a week. Its content moderates have revealed taxing work environments that exposed them to graphic content. And even high-level executives have struggled as TikTok’s parent company, ByteDance, maintained decision-making authority.
If Congress does vote to ban TikTok, that could leave thousands of employees across the country in search of new jobs. And it couldn’t come at a more difficult time. Meta, Snapchat and Twitch, among other social media companies, have all had mass layoffs in the past few months. Which means there’s already a pool of unemployed tech workers in search of work, a number of whom have decidedly turned to other fields.
It’s unclear what the long-term timeline of the TikTok ban looks like and when the government’s ultimate decision will hit employees. But LA’s tech scene might need to brace itself for a mass wave of employees seeking a new home. And this time, they won’t have TikTok to document their employment woes.
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Kristin Snyder
Kristin Snyder is dot.LA's 2022/23 Editorial Fellow. She previously interned with Tiger Oak Media and led the arts section for UCLA's Daily Bruin.
https://twitter.com/ksnyder_db
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