JD Journal

You may remember about a month ago we touched on a lawsuit O’Melveny & Myers filed against video game giant Activision on behalf of the makers of the popular ‘Call of Duty Modern Warfare” franchise Well, Activision fired back Thursday by filing a countersuit for breach of contract.

Activision was first sued by Jason West and Vince Zampella, co-founders of Infinity Ward, for more than $36 million in March. The suit alleges that after Infinity Ward was purchased by Activision, West and Zampella were fired so Activision could avoid paying large royalties with the release of ‘Call of Duty: Modern Warfare 2.’

Activision claims the firing was justified. In the court filing the company claims the pair was fired for insubordination and attempts to poach employees, the Associated Press reports.

Attorney Robert Schwartz, a partner at O’Melveny & Myers who is representing West and Zampella, called the claims “false and outrageous” in a statement.

“None of the false claims of insubordination or breach of duties had any negative affect on Activision none,” Schwartz said. “Modern Warfare 2 has been the world’s most successful video game.”

Modern Warfare 2 and Call of Duty are considered two of the most successful video games in history. O’Melveny & Myers said the two franchises have generated more than $3 billion in sales for Activision.

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