In a bizarre and expensive twist, Viacom has backed themselves in a corner while looking for a buyer for Harmonix and is now obligated to pay former shareholders roughly $ 300 million in "earn-outs", in a situation they created for themselves.
After buying the company in 2006, and succesfully launching the Rock Band games, culminating in sellout title Rock Band Beatles, Viacom decided to sell Harmonix in 2010, citing lack of resources and experience in the video games business. They effectively closed down the studio to make it a $ 300 million writeoff for that quarter's financial statement. To placate the company's original shareholders in 2006, which includes Harmonix's own founders Alex Rigopulos and Eran Egozy, Viacom promised "earn-outs", basically bonuses that they would pay out in connection to financial performance. So, said investors received earn-outs in 2007, but not for 2008. When Viacom announced they were selling, the Harmonix shareholders hit them with said lawsuit.
Without dwelling too much on the details on the disputed earn-out amounts, arbitrator BDO USA decided in 2011 that Viacom owed Harmonix that $ 300 million + amount and Viacom disputed. The Delaware Court of Chancery has just upheld BDO USA's findings and ordered Viacom to pay.
Harmonix was sold to a holding company in December 2010 under Jason Epstein, making them an independent developer again. The company found renewed success with Dance Central, and is also coming out with next-gen game Fantasia:Music Evolved for the Xbox One's Kinect. However, this suit has stayed relevant to Rigopulos and Egozy this whole time. Viacom is expected to drag the case further, as that amount could fund a movie or two, so this is not expected to be the end.
Source: Hollywood Reporter
