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Arbitrator orders Bungie to give fired music chief Marty O’Donnell his stock back

GhaleonEB

Member

If his shares were vested and there was not a clause in the employment contract for O'Donnell to forfeit them upon termination, then I don't see how Bungie could reclaim them. At that point they belong to him. Losing unvested shares upon separation is normal. There is probably a lot more to the story, but the reasoning provided in the article - Marty would be a pest at board meetings - is an awfully weak reason for stripping him of his voting shares and status.
 

TheXbox

Member
That's kind of hilarious, you fire a dude and then get stuck with him in all your board meetings. I hope Marty becomes a bothersome presence, those jerks deserve no less.
 

op_ivy

Fallen Xbot (cannot continue gaining levels in this class)
were it so easy

That's kind of hilarious, you fire a dude and then get stuck with him in all your board meetings. I hope Marty becomes a bothersome presence, those jerks deserve no less.

we have no idea regarding the details surrounding this. i wouldnt make assumptions or pick sides.
 

Mikey Jr.

Member
That's kind of hilarious, you fire a dude and then get stuck with him in all your board meetings. I hope Marty becomes a bothersome presence, those jerks deserve no less.

How are Bungie jerks?

We dont know the full story. Maybe Marty is a full blown asshole and a jerk himself?
 

DSN2K

Member
not to pick sides or anything, but are we in any place really to judge O'Donnell's work ethic and impact on the running of Bungie currently ? And do we even know entirely what happened ? Nope. I don't even think we have enough info to even speculate.

We know of his talent from Bungie's games, but that's it.
 

GhaleonEB

Member
As I said in the original thread, Bungie management does not come out of this looking good. Their only legal counter argument to Marty's claim that he was illegally stripped of his shares were 1) Marty would be obnoxious at board meetings, at 2) Bungie wanted to reallocate his shares to others within the company at some future date. At least as represented in the order, it seems they acted on what they wanted to do rather than what Marty's contract required them to do.

If Bungie is private, can O'Donnell even sell his shares?

He can sell them back to Bungie, or keep them and continue to earn profits that Bungie generates (in addition to voting rights).
 

Alchemy

Member
120131115205547.jpg

Looks like that Halo 2 twist is coming around to bite them on the ass.
 
He can sell them back to Bungie, or keep them and continue to earn profits that Bungie generates (in addition to voting rights).
So share percentage would be directly linked to any royalties the company gets for Destiny? Might be worth holding onto. I just saw a sale as a happy middle ground. O'Donnell gets a pay out that he deserves for his work and Bungie gets to run things how they like. I suppose this all hinges on how much each party things the shares are worth.
 

TheXbox

Member
How are Bungie jerks?

We dont know the full story. Maybe Marty is a full blown asshole and a jerk himself?
They owed him a bunch of money and didn't pay him, nor was he given a reason for his termination. Jason Jones said it himself, no one else's individual contributions at Bungie match Marty's. The Elder deserved better, and he got it.
 

Lrrr

Member
The arbitrator ruled that O’Donnell’s rights as a shareholder should be restored. Bungie lawyers objected that if O’Donnell’s shares were restored, he would be a “bothersome presence at board meetings and in the company,” according to the arbitrator. But the arbitrator overruled them and restored O’Donnell’s rights.

It's one thing to be fired; it's quite another to be labeled as someone who would be a nuisance at shareholder boards meetings. One can only wonder what caused such a deep rift between Bungie and O'Donnell after over a decade of working together.
 

Squishy3

Member
Well, this is what happens when they terminate someone and he wins the lawsuit about it. I mean, we obviously don''t have enough details about what lead to his termination, but ultimately this is what happens. Bungie's gotta stick with it. Didn't they originally want to settle with Marty out of court too?
 

GhaleonEB

Member
Sorry to be that guy, but did we ever get a clearer picture for why Marty was fired? Was he just disliked? I recall reading something about him being a bit of a conservative, but that shouldn't be a reason to fire someone obviously.

No reason was given. Marty has a reputation for having an ego proportional to his considerable talents, which we might speculate played into it. But we really have no idea.
 
How is it legal that someone's shares in a company can be taken away anyway? I don't understand how that works. Any experts in the house?
 

Duxxy3

Member
He can sell them back to Bungie, or keep them and continue to earn profits that Bungie generates (in addition to voting rights).

No chance he'll sell them back. We all know Destiny is going to be huge, and whatever profit he makes from those shares is going to make that 90k look like chump change.
 

JABEE

Member
How is it legal that someone's shares in a company can be taken away anyway? I don't understand how that works. Any experts in the house?

They had some provision that allowed Bungie to do this if he quit, but it appears he was terminated.

Bungie's argument seems really weak. Oh, he's going to be a pest at board meetings, therefore they feel they can just get rid of him and take his shares.
 
They had some provision that allowed Bungie to do this if he quit, but it appears he was terminated.

Bungie's argument seems really weak. Oh, he's going to be a pest at board meetings, therefore they feel they can just get rid of him.

After skimming through the legal document, it seems that his shares were unvested, and they do indeed have the right to recover unvested shares. However, since he contributed to Destiny, Destiny is releasing very soon, and Destiny's success may have an impact on the vesting of his shares, The shares should not have been stripped from him. Makes a lot of sense.
 

GhaleonEB

Member
After skimming through the legal document, it seems that his shares were unvested, and they do indeed have the right to recover unvested shares. However, since he contributed to Destiny, Destiny is releasing very soon, and Destiny's success may have an impact on the vesting of his shares, The shares should not have been stripped from him. Makes a lot of sense.

Some of the shares were unvested, but most were not. As one of the original seven founding members he'd own one of the largest shares in the company.
 

joezombie

Member
I'm sure they in reality had a more nuanced/better argument then the quoted part, because that is a really bad argument
 

Duxxy3

Member
This whole deal has been fascinating to say the least. Wonder where Marty will end up?

I wonder if he could even work at a competitor while owning those shares of bungie stocks. If the bungies shares are significant, he probably wouldn't have to work if he didn't want to.
 

DrBo42

Member
On wait basis are people taking sides here?

It's a little strange. No one should be taking sides as we have no idea what really led to his termination. Other than that, no one should be against him getting what is rightfully his in terms of shares.
 
If his shares were vested and there was not a clause in the employment contract for O'Donnell to forfeit them upon termination, then I don't see how Bungie could reclaim them. At that point they belong to him. Losing unvested shares upon separation is normal. There is probably a lot more to the story, but the reasoning provided in the article - Marty would be a pest at board meetings - is an awfully weak reason for stripping him of his voting shares and status.

Yeah, I'm not seeing how they thought this would be valid.
 

Armaros

Member
Even if the allegations of his behavior are true, you don't get to take his longstanding vested stocks at will.

I don't see any credible lawyer telling Bungie that they would win a case or arbitration regarding his benefits and shares.

This reeks of a spontaneous firing by the board or the top management without consulting legal aid.
 
Some of the shares were unvested, but most were not. As one of the original seven founding members he'd own one of the largest shares in the company.

Well that explains why bungie wanted them back.

If he wasn't going to be a pain at board meetings before this, he'd certainly have a good reason to now after they tried to steal his shares.
 

DOWN

Banned
What the heck happened? This seems messy. If this was a friendly parting as Bungie claimed, I doubt we'd have so much legal information and little else.
 

Asbear

Banned
Good, everything turned out well for him then; I HOPE HE GETS EMPLOYED SOMEWHERE ELSE SOON, 343! *wink, wink*

Seriously. I can't take Halo seriously when it has generic music. We need the O'Donnel magic back!
 

jem0208

Member
Good, everything turned out well for him then; I HOPE HE GETS EMPLOYED SOMEWHERE ELSE SOON, 343! *wink, wink*

Seriously. I can't take Halo seriously when it has generic music. We need the O'Donnel magic back!
4 definitely didn't have generic music. It wasn't as good as Marty's stuff but it certainly wasn't bad.
 
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