Activision Loses Bid to Subpoena Regulators in Bias Suit Fight

Activision Blizzard Inc. cannot subpoena attorneys for California’s civil rights agency to investigate how the regulator handled its probe into allegations of sexual harassment and discrimination at the video game maker, a judge in Los Angeles said Thursday.

The California Department of Fair Employment and Housing, which sued Activision in July over those allegations, had asked the Los Angeles Superior Court to block the company from subpoenaing agency attorneys who previously worked at the U.S. Equal Employment Opportunity Commission.

Judge Timothy P. Dillon granted the DFEH motion to block the subpoenas, and ordered Activision and the agency to meet to discuss the discovery process.

EEOC and DFEH have separately sued Activision over allegations of sexual harassment, but Activision reached an $18 million settlement with the federal regulator in October. DFEH is seeking to contest that settlement, arguing it will release Activision from any state claims.

Activision, though, pushed back on the DFEH suit by questioning the involvement of two attorneys at that agency. The attorneys had worked at the EEOC on its investigation into Activision before moving to California’s DFEH. Activision alleged the attorneys had a conflict of interest when DFEH opposed the EEOC settlement.

The company subpoenaed the attorneys individually, seeking details regarding what confidential information the former lawyers received while working at the EEOC.

Paul Hastings represents Activision.

The case is Dep’t of Fair Employment and Housing v. Activision Blizzard Inc., Cal. Super. Ct., No. 21STCV26571, 3/10/22.