André Kudelski

In late 2019, Kudelski announced that SKIDATA would record revenues $15 million to $20 million below forecasts because of delays to US projects and would launch restructuring affecting approximately 10% of positions, with one-off costs of $20 million to $25 million.

State of the evidence

Performance warning and restructuring programme officially announced

Legal status — source text

No personal criminal proceedings

Attribution

Group-level governance responsibility; operational difficulties at the subsidiary

Faced with declining traditional digital television activities, Kudelski Group undertook substantial restructuring, reporting approximately $74.9 million in recurring cost reductions and closing an R&D site in France following disposals and reorganisations.

State of the evidence

Restructuring programme and site closure documented in group results

Legal status — source text

No personal criminal proceedings

Attribution

Governance responsibility as CEO

OpenTV and other Kudelski Group entities brought several patent actions against Apple in the United States and Europe. In August 2016, the parties reached a global licensing agreement and ended the pending litigation.

State of the evidence

Patent proceedings and amicable settlement documented

Legal status — source text

Litigation settled amicably in 2016; no personal conviction of André Kudelski

Attribution

Governance responsibility as CEO of the group pursuing the intellectual property strategy

Kudelski and Netflix were involved in several patent disputes. In January 2015, they established a long-term commercial relationship, agreed to withdraw the US proceedings and to suspend the Dutch litigation on a long-term basis.

State of the evidence

US and Dutch litigation followed by an agreement documented

Legal status — source text

The US proceedings were withdrawn and the Dutch case suspended on a long-term basis

Attribution

Governance responsibility for the group's litigation strategy, without personal wrongdoing

During the acquisition of OpenTV's remaining shares and the proposed delisting, minority shareholders brought several actions challenging, among other matters, the price and process. SEC filings list André Kudelski among the defendants connected with the transaction.

State of the evidence

Delisting transaction and shareholder complaints documented in SEC filings

Legal status — source text

Civil litigation linked to the going-private transaction; no personal criminal conviction identified

Attribution

Kudelski was an executive and was named among the defendants in shareholder complaints