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ilpilot

10/15/12 1:59 AM

#4007 RE: PokerVertigo #4006

I would bet the farm against Zynga going private in the next two years. That would be the nail in the coffin that the whole IPO was a fraud and cause the already large stack of lawsuits to grow greatly.

I took Pincus' retweet more in respect to the first part of the article title, " zynga hate has gone to far." the article goes on to tout a potentially bright future for Zynga. Once again the Internet runs with its own interpretation of an individual's action.

Seminole Red

10/15/12 7:07 AM

#4008 RE: PokerVertigo #4006

Following the departure of several high-level employees, Zynga is striking back by filing a lawsuit against one of its former general managers, alleging “the wholesale theft of some of its most sensitive and commercially valuable data.”

The complaint was filed in Superior Court in San Francisco on Friday against Alan Patmore, for misappropriation of trade secrets and breach of written contract.

A Zynga spokesperson declined to comment, and Patmore did not immediately return emails seeking comment. The legal proceedings, including the complaint, are embedded below.

Back in August, Patmore, Zynga’s general manager of CityVille, left the company to work at a rival social games maker in San Francisco. Patmore had joined Zynga in June 2011, and served as CityVille’s general manager before jumping to Kixeye to be its VP of Product. Kixeye is a much smaller Facebook games developer that has been extremely brazen about recruiting talent away from Zynga.

In the filing, Zynga claims that Patmore amassed 760 documents from his work computer, and backed them up online before his last day. Further, Zynga claims in the complaint that the data is important enough that it could be used to “improve a competitor’s internal understanding and know-how of core game mechanics and monetization techniques, its execution and ultimately its market standing to compete more effectively with Zynga.”

Zynga says Patmore took files that are critically important to the game maker’s business, including revenue projections, monetization plans, more than 10 unreleased game design documents, employee compensation details, strategic road maps, and his entire email box, containing 14 months of confidential communications. ”In short, Patmore copied virtually every email he received or sent while he was a GM at Zynga,” the complaint reads.

Zynga appeared in court on Friday, seeking a temporary restraining order. A judge granted the request, barring Patmore from using or disclosing the data to anyone, or from copying the information, or engaging in any activities related to developing online game applications that use Zynga’s trade secrets.

This is the second time that Zynga has filed a lawsuit of this kind. In 2009, Zynga alleged that four former employees stole trade secrets and used that information against it after joining Disney’s Playdom. Terms of the settlement between the two companies were not disclosed. Zynga will return to court on Tuesday, where it will ask the judge to address its other requests, including the return of the data, access to Patmore’s Dropbox account, and other details.

The timing of the data breach, if it turns out to be as bad as the lawsuit suggests, could not be worse, as the company is struggling to maintain its dominance in the sector. The lawsuit could also serve as a reminder to any other employees, who are thinking about leaving the company, especially as Zynga suffers from a major brain drain.

WannaBeFortuneSeller

10/15/12 7:46 AM

#4009 RE: PokerVertigo #4006

well with reverse split you can reduce the number of shares in the market. But if someone has less number of shares, then company has to dole out cash to those whom it cannot give reverse splitted shares. But it is entirely upto the company on what price it decides to buyback those shares. I dont think majority of people who have bought at $10 IPO price are going to sell off to Mark at current price levels and will thus prevent ZNGA from going private. Remember ZNGA can go private only if it can reduce the number of shares in the market but most analyst do not think it is feasible that people will let ZNGA buyback at current levels. ZNGA atleast has to offer $5+ to have any sort of momentum of buyback and going private.

I found this link at SEC.

http://www.sec.gov/answers/gopriv.htm


I hope SEC would have some stronger ruleset to prohibit such notorious activities by companies who loot people' money and then consider going private.