OP was not given all of the shares earned at the time decades ago and didn't realize that they should've been payed out, but after engaging in a lawsuit realized that the court would likely not grant the case give the statute of limitations.
Kinda like all the Sony game 'owners' not carefully reasing the legally binding contracts they're always signing realizing that they are not in fact purchasing a gauranteed lifetime access to the game.
Whether they "earned" them is disputable — the offer letter specifies one vesting schedule (25% every year), the "cover sheet" from the options agreement specifies other (25% every _quarter_).
So — the OP got the shares he was promised in the original offer letter; but later discovered that some of the documents he later got implied that the vesting schedule should be accelerated compared to what he agreed to.
I think that is probably the funniest way possible to earn a billion dollars; but whether he's "owed" that money/shares, is... up for a debate.
So the dispute is basically over whether NVIDIA incorrectly prevented a guy from buying $468.75 worth of additional founder-era stock, which through NVIDIA's subsequent growth and splits became approximately $1 billion of stock thirty years later.
It seems like both you didn't caring about it during vesting or maybe they did a typo since it seems like you were vested over 4 years normally and the offer is over 4 years?
Anyway if someone did this to me this is pretty much grounds for an irreparable relationship. Though I guess it was worth the attempt for $1b.
If someone tried to claim what was contractually theirs?
Of course, contracts are legally binding, but that's completely different from my perception / evaluation of someone - if the mutual understanding was over 4 years and then 30 years later you find the typo and come back to bite me then yes it is 100% an irreparable relationship.
Yes I would think better of them if they came back to bite if NVIDIA was a penny stock but probably nobody would bite them back if they found out it was worth $100 instead of $1B.
To be clear, the grant is the legally binding document regardless of intent (initial offer + vesting seems to imply 4 years), I would eat the typo if it was 30 years ago and chalk it off as a learned mistake (assuming it wasn't company altering), although I would still think less of them for fleecing.
A bit of cash can turn folks into awful people, and some contracts are just a obfuscated legal con of the naive. =3
Well quoted.
You’re not the only one who want to see this go somewhere.
These matters are not purely legal nor purely right and wrong.
They are personal and political too.
This is a fight you should have fought.
Where did it come from? Well, I was curious how Bitcoin worked, so I set up a little mining rig and let it run at night on my work computer. So, other than my time, which I think I did on work's time, and the power, which I think I used work's power... I saw it as a free cup of coffee.
Honestly, I was just so happy to find a booth at a convention that actually took Bitcoin that I didn't mind the crappy exchange rate.
But anyway, I don't think regret is a particularly useful thing to hold onto. You can regret things you did, and you can regret things you didn't do. Either way, there's nothing you can do about it. It feels like baggage. Hold on to too much of it and you sink. You have to find a way to rise above it and keep moving forward. If you don't, you'll drown.
I say that as someone who learned this lesson the hard way.
I spent 3+ years in a legal battle with an insurance company and their contractor that ultimately cost me more than $500,000. I was right. Period. I had been wronged. Period. The contractor and insurance company both lied and I had ample documentation of them doing so, and doing shoddy work. What I was asking for was completely reasonable. But who cares? That's not how the courts or the legal system work.
What I learned from the process was that most people just get screwed over when they go up against big companies. And it's not even close. I'd guess something like 75% of people who get into a fight with an insurance company end up losing -- and it's probably higher than that if you factor in the people who simply give up. Eventually, you have to decide whether continuing to fight is worth what it's costing you.
There will always be another "I almost caught the fish!" story to tell. Life is long. Learn from the mistakes, let go of the things you can't change, and do your best to keep moving forward.
Some situations just suck. Best not to think about it them too much.
I had a similar experience although over a shorter time horizon. I was in a dispute with a corporation which prompted me to pore over every word in every previously signed agreement. I discovered, due to an obvious typo in a stock option agreement, more options had vested than had been intended. After some pushback, they eventually relented and awarded me the options.
Given the amount of money involved, it was worth engaging lawyers to see if NVIDIA would pay you some money to save the hassle of dealing with it, but there is and was zero prospect of this ever being awarded in your favor by a court since the options expired.
They exercised 15,625 options of the 25,000. The OP sent $781.25 to NVIDIA. The remaining 9,375 options were not exercised, they expired 90 days after April 16th 1996.
Only in hindsight, 30 years later, has the OP realized that the other 9,375 had vested due to ambiguous wording in the agreement. The article is about the 9,375 that were not exercised.
If he had held on to those, they would be worth even more than the 9,375 shares he was entitled to but didn't exercise -- about $1.7 billion according to his math.
My guess is that he probably sold them when they were worth a lot less then they are now, and likely would have done the same with the remaining shares too.
I don't have any inside info about this case obviously, but it's clear Nvidia would have ample motive to try to claw back whatever they could as mid 1996 was when they made their pivot after the disaster.
Again, not throwing around accusations here, just saying it may not be as cut and dried as "it was just an oops but everyone forgot about it for 30 years."
I learned a long time ago that everyone has a story of missed mega-riches in Silicon Valley. I have a few of my own :-)
Normally this is a right to buy at a given price. If he was billed for it, then there is very little chance NVIDIA can weasel they way out ot it. I suspect he never paid for the shares.
> Breach of a written contract: 4 years from the date the contract was broken.
Which part do you think is debatable?
> Sometimes, if the problem (like the injury or damage) was not discovered right away, the statute of limitations generally starts counting from the date the problem was discovered or should reasonably have been discovered, whichever comes first.
Firms can be sanctioned for pursuing cases knowing the statute of limitations has expired.
That was my first thought as well.
What OP has here is a license to go on a fishing expedition through NVIDIA.
Eric_Gullichsen•1h ago
triyambakam•52m ago
Eric_Gullichsen•13m ago
TheRoque•11m ago
NDlurker•49m ago
Did anything progress past tech demos?
tims33•36m ago
what•16m ago
999900000999•30m ago
I’m in a small game dev group and I very much enjoy seeing how older engineers tackle problems.
Eric_Gullichsen•15m ago
femto•26m ago
I don't know your situation in life, but if your experience is anything like mine I reckon you've probably made the right decision.
Joel_Mckay•9m ago
You were lucky, as most university contracts clearly state they own all associated IP created while working on campus. They could have legally given you $0, and end of employment notice. These things can get messy fast. =3
mapontosevenths•25m ago
Any chance it was THE Vallejo where Alan Watts lived, and the grateful dead once played? Or maybe she was just named in homage?
Either way, it's very cool! Thanks for the great read.
Eric_Gullichsen•17m ago