California lawyer resigns, alleges governor interfered in Activision Blizzard case

A top lawyer for the state resigns in protest

A new wrinkle has emerged in the California Department of Fair Employment and Housing’s discrimination lawsuit against Activision Blizzard. Bloomberg reports that a top lawyer has resigned, and is accusing the governor’s office of interfering with the case.

According to an email seen by Bloomberg, Assistant Chief Counsel Melanie Proctor told staff that in recent weeks, California Governor Gavin Newsom and his office had begun to interfere with the lawsuit. It alleges that the office demanded advance notice of litigation strategy and next steps. And as wins in court increased, so did interference, in a manner she says mimicked the “interests of Activision’s counsel.”

Proctor alleges her boss, Chief Counsel Jannette Wipper, tried to protect the agency’s independence. Wipper was “abruptly terminated” as a result, wrote Proctor, who then resigned in protest. A representative for the attorneys confirmed the resignation and firing to Bloomberg.

A spokesperson for the DFEH told Bloomberg they would not comment on personnel matters. Wipper’s spokesperson told Bloomberg that she will be evaluating all avenues of legal recourse, including a claim under the California Whistleblower Protection Act.

In a follow-up statement to Bloomberg, a Gov. Newsom spokesperson called the allegation of interference “categorically false.”

The ongoing case

The California DFEH’s suit stretches back to last year, when the agency first filed against Activision Blizzard. It was the result of a two-year investigation from the agency, citing allegations of harassment, discrimination, and a toxic workplace culture.

A judge recently approved an $18 million settlement in the U.S. Equal Employment Opportunity Commission’s case against Activision Blizzard. Some have said this falls short, as Riot Games had to pay a much larger sum in its discrimination lawsuit settlement.

With the DFEH case currently pending in the Los Angeles Superior Court, this is a wrinkle in the ongoing case. In her email to staff, Proctor encouraged staff to continue working on the agency’s ongoing litigation against Activision Blizzard.