Owed a billion dollars in Nvidia stock
Discussion 430 comments
If he had held on to those, they would be worth even more than the additional 9,375 shares he was entitled to -- about $1.7 billion using the same numbers in the post.
My guess is that he probably sold them when they were worth a lot less then they are now, and would have done the same with the additional shares too.
It's a bit the same as people making fun of someone buying a pizza with bitcoin, now worth a hundred thousand. It wasn't at the time, and most likely people would've sold it long before when it started to rise. And the hindsight should then be just as much "if you bought a pizza at the time in USD, why didn't you buy bitcoin instead??".
So to me one should get the latter of the two alternatives. People only come out of the woodwork because it suddenly happened to be worth a lot.
I used to work in pharma with a chemist whose medicinal chem team had invented 3 different multi-billion-$ prescription drugs.
He told me ... no one gives a shit about your patents unless you start to make money. when that happens, your competitors suddenly remember that they invented your drug before you did.
He spent a considerable amount of time being deposed by lawyers from rival big-pharma companies.
I'm not that upset because I know for a fact I would have cashed out at the obvious peak of about $30.
The one that does cause the occasional pang of remorse is the million or so dogecoin I gave away, as by the time I realised it was worth anything at all it was worth more than my house
The guy that sold his Bitcoin for pizza, did multiple transactions (detailed in that forum thread), not one. Somehow this part is lost to history when the story gets told.
He liquidated tens of thousands of Bitcoins.
The tally is a lot closer to ~$4 billion at $82k per coin.
Ok? So the author should have those shares to his name?
It's OK, dude. We've all been there. You're in good company with Masayoshi Son on this one.
Which of the possibilities is more likely is anyone’s guess.
Even if they'd only put a fraction of it into MSFT and held it until only 2003 or 2004 it would have been far more than enough to retire on comfortably.
But no one listens to a 7 year old about investments! (Nor should they in most cases, i think i told her to buy more yahoo too)
I dont know how much they held or how much they sold, or if they even sold at all, just a fun memory triggered by your comment:)
It was sufficiently mass market and popular that it was everywhere in Pacific Northwest (Portland to the Canadian border region) television and print media. It was enough of a cultural phenomenon that I remember seeing media coverage of people who lined up outside the retail boxed software store at midnight to purchase it.
You never know, in another universe it could have still ended up as nothing.
Gonna listen to my kid when she’s 14, too, as it’s been a strategy that has paid off to date.
You're almost certainly either misrepresenting or misunderstanding what your attorneys told you.
You would never get to discovery with your complaint. If you sued, NVIDIA would win a motion to dismiss in federal court based on your claim being time-barred.
You have no basis to support decades-long tolling. The possibility that, say, NVIDIA knew what it told you was wrong 30 years ago is not good enough under federal pleading standards to get you to discovery. You would need sufficient evidence to support a claim that NVIDIA intentionally lied, which you obviously don't have otherwise you would have mentioned it in your post.
State court (California) has a few wrinkles but the result ends up being the same.
Basically the legal system is designed to prevent fishing expeditions on decades-old claims. You cannot have possession of an agreement and then run to the courts asking for a billion dollars because you failed for three decades to read it carefully.
If you are past the statute of limitations, the bar is intentionally virtually impossibly high.
Would even an intentional lie act to to reset the limitation period here? The hypothetical lie wasn't a deep secret exposed by some whistleblower, it came to light by... reading the vesting agreement. Since AFAIK limitation periods run from "know or ought to have known," I can't see a viable construction to keep the dispute live after 30 years.
But here's a hypothetical situation (unrealistic) that could change things. Let's say he came into possession of an internal document showing that someone at NVIDIA knew the grant said one year and chose to state 4 years to him anyway. Now he has an argument for fraud, and in California, the statute of limitations for fraud is 3 years from the date when you discover the fraud.
This type of thing could get him past a motion to dismiss provided that he brings the action within the 3 years after discovering the evidence of fraud. But nothing in the post claims this type of evidence. It just seems like a mistake was made and the guy, not knowing what NVIDIA would become, didn't even bother to check the documents he had at the time.
Cool story for the bar or grandkids.
I'm not mathemagician, but a tiny fraction of a billion with a b dollars is worth filing.
If nothing else it gives us all an exciting news cycle.
In this case a 1% chance of $1bn represents an expected value of $10m. If you accept the cost of litigation as $10m (for example), then your expected value is actually zero. And if you think about the outcomes of the 99% of cases, bankruptcy is hugely painful.
One can always play silly games with expected value. If the "value" of a human life is $10m (supposedly a figure used by some governments), you could pose all sorts of expected value scenarios, but when it's your life that all goes out of the window.
This case has a 0% chance of anything because of the statute of limitations and no legitimate claim that would allow for decades-long tolling. He'd file suit, NVIDIA would file a motion to dismiss, the court would probably give him one chance to amend (to make an argument about tolling) and then it would be dismissed with prejudice.
If the full agreement had a prevailing-party attorney fee clause, this guy could end up paying NVIDIA's legal fees.
For what it’s worth, I just view it as part of the lottery of life. You win some, you lose some, you learn plenty.
It sounds like you were rather negligent as well. You didn't care to have any inkling of memory of the vesting schedule in 1996, or just to double check and "wrap up" the financial details of that agreement after the work was done?
It does seem somewhat suspect to elide mention of what became of the shares that you did own, and that you only re-noticed Nvidia in 2024. Every 14 year old PC nerd/gamer knew that name in 2001. It is quite a feat of negligence to wait that long to dig this up.
You seem like a decent person, and I do believe that you are justly owed something, but I must admit that I find this to be a depressing tale of rich people spinning wheels for naught. A modest inflation-adjusted multiple of the original value of the options seems reasonable.
Before anyone accuses me of shilling or white-knighting for a major corporation, I don't have any broader sympathy for them and I would generally take the side of David over Goliath, which I think some commenters are making this out to be, but it seems more like Mini-Goliath and Mega-Goliath are bikeshedding and David has no stake in the matter.
Give the guy a break. It was a check of 700 bucks for exercising shares in a small (at the time) company that was not even public. Most people would probably not notice the error in the 1 year vs 4 year exercise schedule. Especially because 4 years is the standard, so that seems rather normal to agree to that even though it was an error and differing from the original offer.
But why? The OP (apparently) owns some of Nvidia. It seems reasonable to get that ownership recognised.
If someone has built a house on a remote lot you claim to own, while making property improvements and paying taxes, but you've never visited for 30 years; are you really entitled to swoop in and seize their house now?
Seasonal camping sites make sense, more from a 'our land' perspective.
And naturally any signed treaties should be honoured.
You may say "But, they were here first!", yet that's quite false. Native Americans invaded as well, either subsuming or slaughtering existing populations as they did so. Further, Native Americans warred, fought, killed each other, just as Europeans, Middle Easterners, and everyone else on the planet did. After all, human is human is human, and that's (sadly) what humans do.
And if you look at every other country on the planet, the precise same is true. Locals pushed aside as newcomers invaded, whether the UK, Scotland, Russia, Germany, the Middle East, literally every place on the planet.
There is no peoples, no country, no ethic group, which has not over time invaded another.
There is no one alive today, that does not stand on land once called 'home' by another.
You may wonder why I say this, but instead of discussing a land plot inside a Western country taken over by another citizen, you immediately dove into Native American rights and a Middle Eastern conflict for some inexplicable reason.
If you are saying the physical house only and not the land that is different yes. Someone who can move the house obviously should still own the house. Trespassing usually doesn't invalidate ownership of all your belongings.
More important is the meta concept of like we write confusing contracts and then execute them and we agree on an end date (all transactions done) and then informally and implicitly we agree that if anything was wrong you only have z years after close date to fix it.
This is kind of thing where big people can do it themselves and other people perhaps need a regulated entity to review their docs ... Like mortgages and what not.
The interesting thing here would be if the IRS decides to have an opinion ...
In the country i am, yes. If you have the paperwork.
Quod licet Iovi, non licet bovi
Then, you neglected this for ~30 years. It's fair to say that Nvidia doesn't owe you anything at this point.
You could still sue Nvidia for compensation, assuming no statue of limitations, but the thing you can be compensated for is a completely different thing. You can still be compensated the value of the option. I.e. the difference between the strike price and the market price 30 years ago. That's the thing you can sue for. You cannot retroactively extend the option because longer duration options have a higher premium so you would be telling Nvidia to pay you more money than they contractually obligated themselves.
It's beside the point whether he's a lawyer. He's not your lawyer, that's for sure. The "no medical nor legal advice but otherwise you can advise anything" idea is beyond stupid.
Judge advice on its merit, not by what category it's in.
If Nvidia showed you contract paperwork that proved they overpaid you 9,375 shares in 1993, would you agree to pay them back the present value? After all contracts should be enforceable indefinitely right?
there should be "expiration", after all he didn't doing anything for 30 years
Imagine if Nvidia is not as big today, he wouldn't bother to make a claim
Somebody did the paperwork wrong, but paperwork isn't the agreement. You agreed what you agreed, thought everything was in order, and then discovered an error in the documents.
It doesn't seem like there's a claim here.
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.
I think this is a typo.
Putting aside the fact that any claims here are almost certainly time barred after 30 years, ostensibly, your attorney explained to you that because you had the grant in your possession, claiming that you reasonably relied on the company's statement about what the grant said would weigh heavily against any misrepresentation or fraud causes of action in a lawsuit.
Might as well sue.
While no one's hands might be clean in this, at the end of the day the party with the resources and expertise is equipped differently.
It might not hurt to get some more opinions even if they end up in the same place.
The last time someone decided that an option shouldn't expire got us inflation, unemployment, inequality and a debt crisis.
Good thing that we stopped right???
Looks at the funding rate of his options in his wallet that he uses to buy things at the supermarket. Still no funding rate in sight.
Unless of course the op sold the 15k shares he did get years ago.
I wish that was the usual situation
If you wouldn't mind reviewing https://news.ycombinator.com/newsguidelines.html and taking the intended spirit of the site more to heart, we'd be grateful.
We don't need you to love capitalism (or billionaires), we just need you to stop posting low-effort flamebait comments like this one (or https://news.ycombinator.com/item?id=49840585). You may not owe capitalism or billionaires better, but you owe this community better if you're participating in it.
https://time.com/archive/6735546/hes-the-master-of-his-domai...
It is a very interesting read, and I can only recommend it. Some of it is one sentence after another that left me astonished.
The title is misleading, they don’t owe him.
The story is NVIDIA made a mistake and OP tried to exploit it and failed and is now grabbing another straw with that post.
It was not intentional shares to his or Nvidia’s understanding.
Everybody reading the actual story would not just upvote this.
The upvotes must be simple big corp hate +misleading title
1. Time barring is pretty iron clad. Sucks for the author but consider the alternative where anyone could sue anyone after any period of time.
2. If a court did find in favor of the plaintiff, the court would be more likely to award the 90s cash value of the stock, plus interest, rather than awarding the shares or current market value (damages being how he was actually wronged in the 90s rather than speculating what he might have done with the stock to present)
3. Given 1 and 2, Nvidia is unlikely to make a big settlement, meaning an expensive and risky trial.
Which brings us to hidden reason #4: nobody would pay that much for the rights so it probably isn't worth the author's time. He'd still be the man at the center of the suit: depositions, testimony, cross examination, records subpoenas...
What's the problem with this alternative, exactly? Some crimes already have no statute of limitations, and this hasn't caused the sky to fall.
It is inherently unfair and destabilizing if people can sit on alleged wrongs, violations of agreements, etc. indefinitely, either intentionally or because they were ignorant or negligent, and then raise those wrongs in the court system any time they choose to.
A statute of limitations basically says "take your rights and obligations seriously and when you have a dispute over them with another party, raise it in a reasonable amount of time or forever hold your peace".
2. Most people draw a line where it seems needlessly cruel to prosecute an old crime; an extreme example, should a middle-aged person with decades of good behavior live in fear of being prosecuted for a relatively small crime committed as a teenager? Conversely, if a person commits a crime as a teenager, shouldn't they have clemency if they stop committing crimes for a long time and become a good citizen? Most people prefer the outcome that people can put smaller mistakes behind them; they may debate where to draw the lines, of course.
- If you wait too long to pursue a case, then the reliability of evidence goes down, as people lose older records, memories fail, physical infrastructure is replaced, etc.
- Statutes of limitations diminish the ability of malicious accusers to pursue cases against their targets.
- Statutes of limitations also create a sense of finality to a situation; it prevents people from coming out of the woodwork to unsettle something settled 20 years ago.
- In general, the clock runs from when you first find out about an injury to when you can first take action do something about it. That action isn't necessarily to actually file a lawsuit; there are often many things you can do to pause or reset the clock before filing the lawsuit.
- They also incentivize people to pursue redress sooner rather than later, with the concomitant benefits of doing so.
- If it takes you, say, five years to figure out that you are really mad about being injured by somebody... why were you fine with it for five years? It really undercuts your argument about the seriousness of the injury to delay for so long.
That was my first thought as well.
Source: cannabis and Law&Order reruns.
You're intentionally trying to muddle the waters here by arguing along two different axis.
1. the contract granting options has a delivery period (in your words "expiry period")
2. the options themselves have a duration (aka expiry period)
When you are saying "Unless the options grant had specific language of an expiry period" you are only talking about the delivery period of the options. Aka when the options become available. So you are not complaining about late delivery, you're complaining about lack of delivery.
When you are saying "I would gather there's a very good chance of a large payout." you are intentionally confusing (1.) with (2.). The delivered options have a value on the open market and that value was not delivered. Hence there is a contradiction. You're saying "large payout" but the options are only worth a fraction of the shares at the time the issues vested. You do not get to simulate the most optimal future that you would have exercised the options and held them for thirty years, you have to prove that yourself and the best time to prove that was 27 years ago aka within the statue of limitations. Now that 30 years passed, you have to argue that you would have held the options all the way until today and exercised them today, but the grant only covers the option premium at the time of the grant, not the option premium of a 30 year long option. So Nvidia can still give you your options but the options would give you the exact same duration as the options back then and you would get exactly the same premium on them.
Basically you could make Nvidia the offer to settle for the value of the options so that you stay quiet and don't sue them, that's what your lawyers can get out of that contract.
Edit: Correction with regards to how big the payout can be, can be found here https://news.ycombinator.com/item?id=49874789
What OP has here is a license to go on a fishing expedition through NVIDIA.
> 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.
Or he sold them years ago for far less than they are worth now, in which case he could have a claim for the original shares which were worth a few k after interest.
Firms can be sanctioned for pursuing cases knowing the statute of limitations has expired.
Let's say those options were worth $0.25 back then, Nvidia would have to issue an option with a strike price of $224.72 at a share price of $225.07 and the same duration to honor the contract. They could also set the issue date and duration to be the IPO day and the strike price the IPO share price, but then the premium difference would have to compensate the gap between the IPO price and the current price and you'd have to pay that premium difference out of pocket to simulate the fact that you kept holding an option, then let it expire and kept paying the premium to buy new options to extend it.
Edit: I didn't read the letter when I wrote this so my numbers are off. He might be owed $100k+ worth of options if the strike price was $0.05 and the share price was $12. I apologize for wrong numbers, but the general concept should stay valid.
Eceryone everywhere appears to hate statuses of limitations, but they exist for a reason, namely that after some time society needs to move on. It may be disappointing, or even cruel, for the victims, but we can't keep litigating the past forever.
Espescially so in the "land of the free" which is the land of lawyers and lawsuits.
Somewhat randomly chosen reference:
https://www.richardnelsonllp.co.uk/guides/statute-of-limitat...
It's worth pointing out this reasoning is usually considered self-evident. I've rarely seen anyone doing any kind of deepdive into a practical reason for this.
The first is effectively a waste of time, the second a messy descent into hell on all sides.
Certainly messy & certainly hellish for some. For "all sides" though? I guess maybe if we're counting the fact it would paint a large target on the back of any beneficiaries.
Moving away from native title, there are also many "peppercorn leases" bequeathed to various cities about the globe - large parks carved out from once larger farming estates, now fully urbanised and embedded within a sea of million dollar lots and apartments.
Should anyone sue over the park land no longer being a pure park (for example) or for petty reasons of "peppercorn" rent not being paid (ie violation of the terms of the gift to the city), the park would be returned to the rightful descendants .. an army of (say) fourth and fifth generation offspring all at odds for recognition and weighting and a piece of very valuable real estate.
At least between adults though, such statutes do appear to overwhelmingly protect the holders of power/wealth/etc. from relinquishing said power/wealth/etc. It's hard to see broad societal benefits of statutes that are diametrically opposed to the interests of victims in all common cases.
People are not expected to hold onto there documents forever, humans forget.. and change
Figuring out what happened 3 years ago is hard, figuring out what happened 30 years ago is near impossible & often wrong
If this were the case, litigating these instances would simply end quickly due to lack of evidence. There would be no cause for such a statute in such cases.
Worse, the ruling required voluntary action from all title holders on an island, which of course was not taken.
At this point, all of the original litigants and judges are dead, and many of the descendants involved in 1991 are dead too. Every generation that passes expands the number of people who have a stake through inheritance.
In this case it's not as simple as a statute of limitations because land ultimately has to be titled, but these are some of the types of issues you run into if you don't have a time limit on things. People die. Papers get lost or destroyed. Organizations disband or get sold.
It's just better not to allow the complexity to overwhelm the legal system.
Your comment strikes me like you never had any lawsuits?
That is, btw, a thing that is already happening.
One example is people leaving the church, the state deleting the evidence after 10 years, and the church asking for it after 11
Well quoted.
When someone dismisses your interpretation it serves to understand it well.
Additionally: A contractual mistake would likely not return specific performance (stock) unless special conditions were met.
For example: a company makes a stock mistake, you observe that at the time it happens, but then do nothing until you see the stock increase in value. Company could assert you _were_ due the stock but the value of that stock is determined by the time-of-breach and they return you $.
Unless you had a substantial claim to voting interest would probably be monetary reward!
NYL
I put all received documents, including mega-page bank contracts into chatgpt (etc) to ask questions about the contract. My bank hates me - I ask the awkward questions. Like "what disadvantages does this contract hold for me? Once again they unilaterally changed the contract(!) - what has been added and taken away? Etc.
I don't. I blame on the ADHD. Or maybe its laziness.
people will go to _amazing_ lengths not to read something new or unfamiliar. That feeling of "i must be dumb" is most often the reason people avoid it, and is just the normal part of learning something new.
Why would an American working in software in the mid 90s expatriate to Tonga, a tiny island nation, population ~100k, virtually no tech industry, with little or no internet back then? (assuming Eric is American).
Maybe a govt IT contract, but it sounds at odds to "working on various internet startup schemes".
(Retract the cheating dig if not applicable. Make it in the first place b/c I’m bummed when folks who make their money thanks to a country’s infra, laws, etc. don’t pay their fair share, at least in those cases when there’s so much you can even give back half and have immense riches.)
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.
I can also see why these claims age out; else all old companies would have enough uncertainty they would be uninvestable.
You’re not the only one who want to see this go somewhere.
The author would have sold the shares before Nvidia stock skyrocketed even if he had received them. So, the actual loss might not be as large as a billion dollars in reality.
Every 1% expected value would put it at $10 million dollars.
It's a fun story, but that's all. There's absolutely no legal case here.
1) The author received communication 30 years ago that he had 15,625 stock options available to exercise;
2) However, according to some paperwork he had, he believes now that he actually had 25,000 stock options vested
The problem is, if we accept this as true (and it sounds like the paperwork had conflicting info about the vesting, and that the part that suggested the 25,000 vested might have been an error, so this part is not at all clear), all it means is that the author owned some additional stock options 30 years ago which he failed to exercise. These options have long since expired and so would be worthless today.
The author is claiming that the communication he received was misrepresentation, but if so the statue of limitations has long since expired.
I think a lot of the commenters are conflating stock options with actual shares themselves (which surprises me given the nature of this place, but regardless). If we were talking about 15,625 vs 25,000 shares then it's a different story since shares don't expire and don't need to be exercised. He would still have a claim to the extra shares--the claim would be that he had owned them this whole time. But options are a different story because of expiration.
> Then, in April 1996 - by which time I’d expatriated to the Kingdom of Tonga and was working on various internet startup schemes
He must have so many interesting stories!
This is why I still love California so much. The chance of things like this is just much higher than in any other place on Earth.
https://www.stuff.co.nz/life-style/homed/latest/132554070/am...
Was this part of the agreement since the beginning or did they add this afterwards, and if so did they clearly communicate to you?
Here's a question though - you were given 15,625, so are you a billionare? Do you have those shares? Probably not. So what's makes you think that if you'd got those extra 9k shares you would've kept them?
It's the same as the Bitcoin millionaires, yes, you had 50 bitcoin in 2012 you'd be rich now. But the vast majority of those people sold their bitcoin long before it went up (or bought a pizza with it) and a big chunk of those who didn't got Mt Goxed or BitFinxed or FTX'ed, or got hacked, or lost their hard disk with their private keys etc. etc. etc.
The issue here is, IMHO, not "Nvidia owes me stock in an ironclad way and gets away with it because of statue of limitations", but "I accepted an offer from Nvidia but the paperwork between the offer and the options grant differed in a way that both benefits me, and nobody noticed or cared about until now".
The original offer was for 25k shares, vesting over 4 years.
The options paperwork says 25k shares, vesting over 4 _quarters_.
Now, I'm not a lawyer, and certainly not a securities lawyer, but that seems like it could be reasonably chalked down to a clerical error on the options paperwork? "You made a mistake and now I can get a billion dollars more than we agreed to originally" doesn't feel like a great lawsuit!
He exercised the 15,625 options NVIDIA told him had vested. His claim now is that all 25,000 had actually vested, but NVIDIA’s letter gave him the wrong number. The letter was informing him of NVIDIA’s calculation; it did not change the option agreement. So the question is whether being given that incorrect information in 1996 gives him a claim today, despite both the exercise deadline and the statute of limitations having passed.
I disagree with this being a foregone conclusion
NVDA has also just announced they are buying back stock for 150b, so they could throw some the author's way, hehe.
If the author didn’t exercise his options, then the company would have redistributed the earmarked equity back into the common pool. This is a board-authorized % of equity put aside for stock awards.
The rulings are fact-specific, but clearly both parties here had a mutual understanding that the paper was only meant to reflect.
https://lawfold.com/oxford-comma-lawsuit/
Same for contracts where the written language is absurd, and the agreement one party claims without the necessary evidence is way more reasonable, and the court finds in favor of the absurd contract.
The world "smart contract" enthusiasts dream of.
The main idea is that in legal contracts, the written signed paper is just evidence for what the agreed-upon contract was. The actual contract is the agreement itself - which the paper may not reflect exactly. If the two parties disagree on what is the actual contract, the paper is of course strong evidence for one side or the other, but it's not the final word, other evidence may be brought that contradicts the written contract and that can be held to be more convincing.
In contrast, the smart contract crowd wants the contract code to represent the final word, and if any party didn't notice that the contract code didn't match the understanding they had of the agreement, too bad.
Because, as I say repeatedly:
Smart contracts ARE NOT CONTRACTS. Count them in the worst named things in computing.
A contract is a legal agreement that is mostly about stipulations on what to do if things go wrong.
A so-called "smart contract" is doubly bad named -- because it's just a stupid, irrevocable, unchangeable, piece of code. Imagine an ATM with the controls welded shut.
(In criminal law, "justice delayed is justice denied" and clarifications of constitutional or treaty requirements for speedy trials also can be tidied up by the legislature in a statute of limitations).
Statute (legislation) is a superior source of law to contract law, and so there is generally no way to contract to avoid being statute barred if a claim for breach of contract (or specific performance, etc.) is made beyond the statutory deadline.
Typically there are carve outs enacted in a statute of limitations that allow a claim to be brought out-of-time if the defendant has acted in a dishonest way that prevented a claim from being filed in time, for certain classes of litigant, or for certain types of claim. (And in criminal law, for certain offences - serious crimes will tend to have a longer, or no, limit on how long after the crime the prosecution is begun).
A statute of limitations typically does not extinguish defences based on the lapse of too much time; but such defences in some jurisdictions may be contracted away, leaving the statutory limit as the hard deadline.
There's this thing that people often do, even within the law itself, that's just like "well, you can fix everything by just writing it correctly the first time."
And this will always feel retroactively correct and never workable in practice.
It's all nonsense. In the real world people make mistakes and a court should be allowed to override and figure out the right thing to do.
> Imagine my surprise: according to the duly signed option agreement, my options were meant to vest over four quarters, not four years, as both NVIDIA’s CFO and their outside counsel, Cooley, had asserted back in 1996.
On first reading it did give me pause because it's the first time "four years" is mentioned. But on another scan I agree it's cleverly written and never actually claims the agreement was four quarters, only that the paperwork says that.
Still it is a funny story, similar to those "I spent 20 Bitcoins on a pizza" ones, I guess.
The offer letter, which spells out “which vests over 4 years”: https://colo.to/invitation.pdf
The option grant which has the accelerated schedule: https://colo.to/grant.pdf
Since litigation is costly, the acceptable range for a settlement is centered around the expected outcome of a trial, plus or minus each party's cost of litigation (including opportunity cost).
In this case, "the claim is barred by the statute of limitations" implies that the expected outcome of litigation would be approximately $0. The net range for a settlement is then the 'nuisance value' of a lawsuit including any PR damage for airing the case publicly; that would be orders of magnitude below the $1bn claim.
What do you mean by this?
Misreading. S/quarters/years/
On the other hand this could open precedent in other cases, current and future, so it's an understandable position not to offer to settle preemptively just for a display of good faith.