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▲ whall6 2 hours ago

You should sell your right to litigate this. There are hundreds of firms that would pay you to take this on. Would involve near zero effort for you and would also check the box of being “about the principle”.

▲bragr an hour ago | parent | next [-]

I doubt it for three very big reasons and you're wrong about one big point:

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 we 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...

▲greyface- 38 minutes ago | parent [-]

> but consider the alternative where anyone could sue anyone after any period of time

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.

▲ehe78qhe 22 minutes ago | parent | next [-]

It would create a burden on businesses to keep all records indefinitely (most businesses only keep around 7 years of most records). This has a monetary cost to it that would disadvantage mature businesses against younger ones.

▲ 8 minutes ago | parent | next [-]
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▲gravypod 20 minutes ago | parent | prev [-]

In an era of digital records keeping, this does not sound impossible.

▲ehe78qhe 18 minutes ago | parent [-]

Even in the era of digital records it has a monetary cost; keeping decades of emails, documents, audio and video recordings is not free. I have friends working for software businesses that make many millions per customer just managing and retaining documents.

▲ozozozd 20 minutes ago | parent | prev [-]

Yeah I never understand this idea that “if you avoid getting caught long enough, you deserve to enjoy the spoils of your crime.”

▲echoangle a minute ago | parent | next [-]

At least in Germany, you can restart the expiration by trying to enforce the claim. So you can’t just wait and avoid getting caught, the other side basically has to forget about you.

▲ehe78qhe 8 minutes ago | parent | prev [-]

1. The state generally has more resources to retain evidence than citizens; if the state is allowed to prosecute crimes far in the past, they can target defendants who cannot provide evidence in their defense due to lost records. This asymmetry can be unjust, especially for crimes of lesser impact.

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.

▲tgsovlerkhgsel 2 hours ago | parent | prev | next [-]

> After much soul-searching, deliberation, and gnashing of teeth, my attorneys and I concluded that the statute of limitations was against us. Because of the thirty-odd years that had passed while I “sat on my rights,” it seemed unlikely we’d make it past a motion to dismiss.

That was my first thought as well.

▲edoceo an hour ago | parent [-]

Statue of limitations hasn't started because the acts in 1996 by the company and officers are part of an ongoing conspiracy. Maybe?

Source: cannabis and Law&Order reruns.

▲JumpCrisscross an hour ago | parent | prev | next [-]

Or, find one of the many interest groups who have a non-economic reason to hate NVIDIA.

What OP has here is a license to go on a fishing expedition through NVIDIA.

▲Legend2440 2 hours ago | parent | prev | next [-]

Would they? Surely they'd realize that they too have no chance of winning because of the same issue.

▲windexh8er 2 hours ago | parent | next [-]

Unless the options grant had specific language of an expiry period I would gather there's a very good chance of a large payout. I don't know why you wouldn't go after closure of this if you found yourself in the same scenario. Many legal agreements are simply a percentage of winnings and no payments otherwise. Seems pretty obvious to take that route.

▲mayoff an hour ago | parent [-]

Eric didn’t post the full stock option agreement, only its cover sheet. Given the language of the 1996 termination letter, it’s a good guess that the full agreement specified expiration 90 days after termination.

▲dooglius an hour ago | parent | prev [-]

"no chance" can still be 1/1000 which is ~1 million

▲wolfi1 an hour ago | parent [-]

the lawyers cost more

▲pclmulqdq 2 hours ago | parent | prev | next [-]

There’s already a relatively liquid market here around legal financing, but they only finance cases that can win. This is not a case that will result in anything but a dismissal.

▲whall6 2 hours ago | parent [-]

I am not a lawyer. If you are, then I will consider this response null and void… but if you’re not, just go to your LLM du jour and ask it why this case might have ground. If it is even 1% convincing then imagine what sort of case a real attorney could come up. Then multiply the odds of winning against a billion dollars. A >0.01% chance EV would probably catalyze at least one of these firms.

▲pclmulqdq an hour ago | parent | next [-]

That’s not how the real world works. Sometimes the chance of winning is actually 0, and sometimes when you pursue something frivolously you actually end up having to pay the other side’s fees. The EV of a lawsuit can easily be less than 0.

▲gamblor956 an hour ago | parent | prev [-]

No it would not.

Firms can be sanctioned for pursuing cases knowing the statute of limitations has expired.

▲binlog 2 hours ago | parent | prev | next [-]

Why would anyone buy that right? Statute of limitations is crystal clear here. The case is going to be dismissed the moment it gets in front of a judge.

▲raldi an hour ago | parent | next [-]

Out of curiosity, why do you think you know that?

▲raincole an hour ago | parent | next [-]

For reasons, but the main one is that the author stated that they and their attorneys have seriously explored this case and reached this conclusion.

▲binlog an hour ago | parent | prev [-]

https://selfhelp.courts.ca.gov/civil-lawsuit/statute-limitat...

> Breach of a written contract: 4 years from the date the contract was broken.

Which part do you think is debatable?

▲piotrkaminski an hour ago | parent | next [-]

This part:

> 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.

▲binlog a few seconds ago | parent | next [-]

The problem was discovered when they signed the contract. No new information has come to light in the 30 years since.

▲ an hour ago | parent | prev [-]
[deleted]
▲raldi an hour ago | parent | prev [-]

Not sure; I didn't go to law school.

▲binlog an hour ago | parent [-]

The lawyers representing the author did, and came to this exact conclusion.

▲yeukhon an hour ago | parent | prev [-]

I think you may be right but also may be wrong. If that was indeed the case, they wouldn't have to respond to him for a whole year. nVidia knew they screwed up back in 1996, but was 100% uncertain like you are. There is 5-10% chance that a judge would accept this on the basis that this was grossly incompetently misrepresented in 1996 and OP actually has some ground for suing. There is serious financial loss here. If I received 1000 shares from Meta for my work during my full time employee and then keep thinking I had 1000 shares invested for 30 years, but turns out no I do not, that's a big loss!

▲lazyasciiart 40 minutes ago | parent [-]

It’s the other way round. For 30 years he has happily believed that he received 16k shares. Now he learns that he was owed another 7k at the time but neither party in the transaction noticed and he wants them to pay the difference now.

▲rekttrader 2 hours ago | parent | prev [-]

Absolutely this.

▲yesitcan an hour ago | parent [-]

You know there’s an upvote button?