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Dear former Midway employee asking about unpaid wages, here's your answer:
Let's start off by assuring you that if you're a current or ex-employee of a company sending us information: A) We won't reveal your name if you ask to stay anonymous; and B) You really should leave a working return email address. As to the matter at hand, we have received a request for legal advice from an alleged former employee of Midway, who writes:"Those impacted by the recent lay off seem to have lost their PTO (earned vacation days). Class action law suit may be pending. Getting 2 months paid leave of absence was really nice, but that was required by law (the Mitchell Act) requiring 60 days notice for mass layoffs. After receiving a letter in the final week stating that the accrued PTO was NOT to be received in the final check, but in the following pay period, Midway declared Chapter 11 and evidently sent a subsequent letter stating that the PTO would not be paid at all. Evidently this is pretty common with bankruptcy. Is there a class-action lawsuit that people can join or should we all just file a claim in small claims court?"Lucky for you, we've got a talented lawyer (and LGJ columnist) on staff, Mark Methenitis. Read Mark's response after the break.
Midway kicked all the way out of NYSE
Midway's stock has succumbed to the Swamps of Sadness and been delisted from the New York Stock Exchange. MCV reports that the walking corpse of a company failed to bring its stock to over $1 per share for over 30 days during the last few months, thus prompting the NYSE regulatory commission to show the publisher the door.So, let's take just the last week of Midway drama into account: The company has alleged corrupt insider dealings going on and probably can't afford its ESA dues nor E3 ... oh yeah, it also likely couldn't afford to publish The Wheelman, so it made a deal with Ubisoft to do so. If Midway were a house, we'd imagine CEO Matt Booty with a gas can, getting ready to burn it down for the insurance money ... you know, if it actually had the money to pay for the insurance.
'Titan Pack' coming to Unreal Tournament 3 on March 5th
Click for titan size Midway and Epic Games have decided to Titan up the graphics on Unreal Tournament 3 with the addition of an extensive new map pack, dubbed the "Titan Pack." The free download, aimed exclusively at the PlayStation 3 and PC versions of the first-person fragger, will add 11 new multiplayer maps for several of the game's modes, as well as eight maps culled from the Xbox 360 version and a prior bonus pack. Our pals at Big Download have a hands-on preview of the content, including its two new modes: Greed mode, a "tug-of-war" style points battle; and Betrayal mode, which prompts you to tactfully turn on teammates if you feel like swiping the score for yourself. More intriguing is the new Titan mutator, which turns a skilled player into a towering Behemoth, excitedly described by the press release as "a 15-foot tall maestro of wholesale carnage that has the effects of every Power Up in the game... ALL AT ONCE!!!"Finally, the Titan Pack expands Unreal Tournament 3's array of deployed equipment, Trophies (Steam Achievements for the PC version) and turrets. ALL AT ONCE!!! Look for it on Thursday, March 5th. [Update: When asked about a 360 version, Midway explained that this update will bring many of the enhancements already included in the Xbox release to the PS3 and PC. "Given the file size requirements for updates on the Xbox 360 platform, we have no plans to release the Titan Pack for Xbox 360."]%Gallery-45287%
Ubisoft officially publishing Wheelman
And it's officially official, folks: Ubisoft is publishing the previously Midway-held title, Wheelman. Ubisoft's Jaime Borasi confirmed to us this morning, "Yes, the deal with Midway has been finalized and we'll be shipping to retail on March 24th." In case you had forgotten, Wheelman is the third-person shooter/action-driving game coming to Xbox 360/PS3/PC starring everyone's favorite street racer, Vin Diesel.The deal comes in the wake of Midway's recent filing for Chapter 11 bankruptcy (that's the protection kind, not the liquidation kind) and a slew of rumors surrounding the sale of Midway by majority stockholder Sumner Redstone to mystery man Mark Thomas. Will Midway continue selling off its intellectual properties to stay afloat? Will that next Mortal Kombat game already in production soldier on? It remains to be seen. We've put in word to Midway for comment.UPDATE: Ubisoft and Midway are calling the publishing deal a "strategic relationship", saying, "Ubisoft will handle sales, marketing, and distribution of the title in North America, South America, Australia, New Zealand, France, Germany, Austria, Ireland and the United Kingdom. Midway will continue to direct the development of the title and retains all future rights to the franchise and will sell the title in all other European territories." Looks like Midway's not out of the loop on Wheelman after all.
Rumor: Midway no longer an ESA member, not attending E3
For every small chance at redemption Midway Games finds, there seems to be another piece of bad news hiding around the corner. The latest nugget of unofficial news is that Midway is no longer a member of the ESA and will no longer attend E3 this year. Just to be clear, those issues are separate, as Activision Blizzard isn't an ESA member, but is attending E3 -- well, the Actvision half is.Midway's name has been removed from both the ESA's website and from the list of exhibitors for E3 2009. Midway was previously listed as attending the revamped expo, and requests for comment to the ESA and Midway have not been returned. We'll update if we hear anything.
Midway clings to life after favorable court ruling
After throwing up the white flag last week, the U.S. Bankruptcy Court has granted Midway some some breathing room from creditors who are all but beating down the door for a piece of the embattled publisher. The ruling allows Midway to keep its doors open despite its ongoing financial crisis in order to continue paying employee expenses and pay back what the court describes as certain "critical vendors."Midway boss Matt Booty describes the court's decision as a key step in the company's "planned and orderly reorganization," though we're sure the words he was really looking for were complicated and terrifying. It's probably difficult to come up with the right thing to say after someone plunges an arm into your chest to remove your still-beating heart.
Midway creditors upset by possible insider dealing
Midway's bankruptcy proceeding has gotten even more dramatic, as accusations of fraudulent insider deals enter the mix. The full story gets very complicated, but the main issue involves the relationship between former Midway owner Sumner Redstone and the relatively unknown Mark Thomas, whom the billionaire sold his stake in Midway to for a paltry $100,000 last December.A motion has been filed on behalf of several Midway creditors asking: "Who is Mark Thomas?" and "Why did Redstone essentially gift the company to this man?" Given Thomas' current holdings in Midway, when money starts getting divided out to creditors from the bankruptcy proceedings, he is apparently set to make out like a bandit, ahead of the laundry list of others owed money.Source - Creditors Allege Shady Insider Dealing In Midway Bankruptcy [GamePolitics]Source - Guessing game over Mark Thomas vexes Midway Games' creditors [Chicago Tribune]PDF - Creditor motion, hosted by GamePolitics.
Midway owes millions to Epic, NBA, Warner Bros and many more
GamePolitics went digging through Midway's Chapter 11 bankruptcy records and found the company has $281 million in liabilities, with only $167 million in assets. The real eye opener, however, is the list of Midway's top 30 creditors. Just a small sampling: Wells Fargo Bank - $150,000,000 National Amusements, Inc. - $20,147,864 (Which most recently paid the manufacturing costs of Midway's holiday lineup.) NBA Properties, Inc. - $17,294,849 (Licensing and royalty fees) Warner Bros. Interactive - $6,654,203 Epic Games - $1,975,000 (Licensing and royalty fees -- perhaps for for Unreal Tournament?) The list goes on, check out the full roll at GamePolitics. Although there's a lot to snicker about in the full list, nothing really beats the $300,000 in severance pay to former CEO David Zucker -- the man who helped run the company into the ground. Then again, a lot of execs got rich at Midway while the company fell apart.
Rumor: Ubisoft picks up Midway's 'Wheelman'
Employing a wheelman, especially one of Vin Diesel caliber, can get kinda pricey. Think about it: an ordinary personal driver is a luxury reserved for the Richies of the rich -- imagine what one who sees in pitch black, morphs into an iron giant, and walks around calling himself "Triple X" and still seems sorta cool would cost. Actually, never mind, you don't have to imagine it. According to a new rumor, only a profitable game publisher can afford that kind of wheelman -- indeed, The Wheelman. While both Ubisoft and Midway have declined to comment on a insider's report that The Wheelman has been acquired by Ubisoft from Midway (in the wake of its Chapter 11 bankruptcy filing), the possibility remains strong (see this GameFly listing). The report -- again, still a rumor at this time -- does not speculate on what, if any changes Ubisoft would make to the game, which is actually a "groundbreaking action-entertainment property"" with a feature film tie-in supposedly hitting theaters some time this year. It is expected, however, that Ubisoft would further delay The Wheelman's currently scheduled March 2009 release, in turn, potentially affecting the movie's production. Heck, Ubisoft could possibly cut ties with the Diesel altogether and to turn the game into an ordinary Driver.%Gallery-20884%Source - Rumor: Midway's Wheelman Is Now Ubisoft's Wheelman [Kotaku]Source - Ubisoft refuses to comment on Wheelman acquisition [GI.biz]
Midway files for Chapter 11
Midway has filed for Chapter 11 bankruptcy today, but, see, it's okay, because it's all part of the plan. Newly appointed CEO, Matt Booty, says filing for Chapter 11 was "a difficult but necessary decision." He also noted Midway has been "focused on realigning our operations and improving our execution" and that filing for Chapter 11 will allow the company some relief from "immediate pressure from our creditors." To Booty, Chapter 11 is nothing more than the "next logical step in an ongoing process to address our capital structure."Midway expects to be able to run the company as usual, and even filed a variety of First Day Motions to that end. The court is usually lenient with these Motions and often grants them, so this should give Midway some time to finish up that next Mortal Kombat game and maybe get out of the red.
Xbox 360 arcade cabinet - the games you love at a price you can't afford
When you kids are ready to get serious about your gaming, let us know. We just spoke with our man Justin at Solomods, and he has a custom-built Xbox 360 arcade machine that he's willing to part with for a mere $2,250. This original Midway arcade cabinet was once home to The Simpsons game, and aside from the addition of the Microsoft game console it's been repainted and fitted with a new monitor and front-loading disk tray, two joysticks, a 60GB hard drive, WiFi, and display and volume control. Additionally, your favorite wireless controller is supported, and if you order now he'll throw in an illustrated owners manual. How awesome is that? Available for pick-up somewhere in the badlands south of Cleveland, Ohio -- hit the read link to get in on some of that action. More pics after the break.[Via Technabob]
Booty gets bigger, becomes Midway chairman
The Board of Directors at Midway Games has appointed Matt Booty as the new chairman of the board. Booty currently holds the roles of president, CEO and chairman of a company barely hanging on to this mortal coil. Booty has been collecting new titles as the publisher has been sinking deeper and deeper into financial ruin -- now might be the time for Midway to stop adding job honorifics and get him help to fix the company.
MK vs. DC fights its way to 1.8 million copies, next MK in development
Wouldn't you know, Midway's MK and DC blend of kombat has turned out to be a hit, as they just announced that they have already shipped 1.8 million copies of Mortal Kombat vs. DC Universe. Applause for that. We also learn from MK creative director Ed Boon that his team is already hard at work on the next MK edition. One that could possibly break the 2 million units shipped milestone and possibly bring back that 2D fighting artsy feel, sort of like a certain Street Fighter? Hmm, maybe?
MK vs. DC ships 1.8 million units, next Mortal Kombat on the way
Midway announced today that Mortal Kombat vs. DC Universe has shipped "approximately" 1.8 million units for Xbox 360 and PS3. Unlike another publisher, Midway is taking the shipped figure as a positive sign for the franchise. Ed Boon, creative director for Mortal Kombat, stated the group is already working on the "next version of Mortal Kombat," with details forthcoming.As much as this is positive news for the Mortal Kombat franchise, Death is still knocking on Midway's door. Can one moderately successful franchise pay for all those executive salaries?
Pwn Boon: Midway invites gamers to take on MK vs. DC devs over Live
Looking for a little healthy competition? Midway devs are inviting gamers to throw down for a few friendly rounds of Mortal Kombat vs. DC Universe between 8PM - 11PM (EST) today, January 23. Developers of MK vs. DC will be on hand, including series co-creator Ed Boon, for the exclusive event, taking place over Xbox Live. To join, players should look for select Xbox Live Gamertags making the rounds in ranked matches later today. Interested to test your might? Jump in for a full list of developers taking part in the event as well as all of the Midway Gamertags to look out for.
Capcom's Aussie distributor going under
The distributor of Capcom, Konami, Midway, and (arguably less relevantly for Wii owners) Bethesda games in Australia has officially gone into receivership.According to this page at the Australian Securities and Investments Commission website, Red Ant has been crushed underfoot by the giant, hulking boot that is the ongoing global economic crisis.Sad news indeed, and a development that casts doubt over the speedy arrival of future Aussie releases from the aforementioned companies, unless somebody else steps in. It's not as though Australian gamers have it easy to begin with!%Gallery-28028%
Wheelman delayed, demo due before release
Midway's gasoline-guzzling Vin Diesel vehicle, Wheelman, has been delayed, thus becoming the victim of insufferable motor-related phrases like "it stalled," "it swerved" and the somewhat esoteric "it pulled a Mika Hakkinen." Regardless, the information being conveyed here is that Midway has pushed Wheelman's release back to March 20th, but has also promised to release a demo on the Xbox 360 and PlayStation 3 sometime before then. Assuming the company's still around.A PC demo for the cinematic drive-em-up is also planned, though Midway couldn't say whether it would hit hard drives before the game cars ships.
Wheelman gets a date and demo confirmation
Making good on their promise of a Q1 2009 release, Midway just announced that Wheelman will be releasing to retail on March 20th. Vin Diesel included. We also learn that a game demo will be releasing to the Xbox Live Marketplace sometime before the game's retail release in hopes of winning gamers over with its over the top Wheelman action. Personally, just having Vin Diesel's likeness in the game sold us. Pre-order purchased.
Midway stalls for more time, still scrounging up cash
After negotiating a small measure of breathing room last week and delaying the payback of a portion of its staggering debt, fate has again smiled on Midway. GI.biz now reports that the embattled publisher has again talked its way out of a corner, pushing back the deadline to repay the back end of the $150 million it owes to stakeholders until February 12. We'll pause as execs take a moment to wipe the sweat from their collective brow. Still, we can't help but wonder if Midway wouldn't be waiting for shareholders to slip the noose around its neck in the first place if it had put the kind of energy into developing quality games that it has in delaying the company's financial collapse.
Time extension: Midway gets extra month to pay off debts
Midway has picked up a time bonus, turning back the clock somewhat on its 50-day fast track to financial doom. The troubled Mortal Kombat publisher has negotiated some breathing room for itself, extending the deadline to pay back half of its crushing $150 million in debt by another month until February 19. Of course, this still leaves $75 million to fork over to investors in a couple weeks, though Midway notes that it is currently "in discussions" to push back the repayment of this debt as well. When things are going south as quickly as they have gone for Midway, you take your victories where you can, though unless Midway expects next month's Diesel-fueled Wheelman to drive to the front door with a bag of cash, we wouldn't stop looking under the rug for loose change just yet.[Via Variety]
