You are ultimately responsible for asserting your contractual rights. Your stock options had an expiry and you did not exercise them in time. The letter you received notifying that you had 15,625 vested options was not an award in of itself, it was only a courtesy notifying you that you had vested options to exercise before they expired. Even if due to ambiguous wording it could be argued that 25,000 options had vested at the time instead of 15,625, that was only relevant until the options expired. You needed to assert your rights to the [additional 9,375] vested options before they expired. So, this issue died in 1996.
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.
Yeah. The issue being that at the time both the CFO and their external counsel Cooley told me in writing that 15,625 shares had vested. Those representations were incorrect. And I (quite reasonably) replied on them rather than checking the original documents. Which I did only 30+ years later. In legal terms, the CFO Gani’s 1996 letter is a negligent misrepresentation, a species of fraud under Cal. Civ. Code § 1709-1710.
I'm no expert, but did your lawyers clarify if a statute of limitation start from the date you learned there might be a discrepancy, instead of all those years ago?
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.
I've never been on either side of one of situations, but if the company is doing well, why doesn't the company just take care of the human? These don't really seem like opening-the-flood-gates types of decisions and companies could just choose to do if they wanted to, right?
You don't see the risk that is created when you allow unexercised options get called at a later date, when they're in the money, because the company is 'doing well'?
No, I guess I don't. The companies can choose to do what they want and I think they can make a different decision based on how well they are doing. I don't know. They don't have to, but I don't see why they couldn't.
The shares are worth what their worth. People would have lost their minds and then everyone would have moved on. Is NVIDIA filled with more billion dollar typos? I don't think so, but I wouldn't care if it was.
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”.
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 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...
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.
It's not just a burden for the immediate parties. Having the ability to dispute rights and obligation going back indeterminate amounts of time adds risk to the rights and obligations of untold numbers of third-parties; everybody's interests become more interdependent and intertwined the more time has elapsed. One of the important functions of a legal system is to settle rights and obligations. Settled, transparent rights and obligations are also integral to notions of fairness and justice, so it's not a zero sum thing that statutes of limitations sacrifice fairness for cold transactional efficiency.
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.
- 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.
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.
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.
> 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.
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.
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.
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.
> 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.
The problem should reasonably have been discovered when they signed the contract and it wasn’t fulfilled. No new information has come to light in the 30 years since.
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!
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.
Presumably he kept those 16k shares and is sitting on $2b, so why bother with the hassle. Normal people don’t care about the second billion.
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.
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.
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.
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.
An open question is what happened to the 15,625 shares that he received when he exercised his options in 1996?
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.
Author here. Thanks for all the comments, I've been hesitant to post this to the court of public opinion, yet curiosity about what the HN community would think caused me to push the button. My lawyers - who were really excellent - represented me (on contingency!) because it seemed the chance of a judge not accepting a motion to dismiss (for a variety of reasons I don't want to detail here) was non-zero. And the process of discovery would be very costly for NVIDIA with depositions from many executives who have better things to do.
Thanks for sharing your story in straightforward detail. Do you believe, in an ethical sense (independent of the legal sense), that you are owed roughly a billion dollars?
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.
It was a great read and I am inspired by your stoic philosophy and it's sort of amazing that I can just talk to you via Hackernews :-D
but aside from that, a question I and many are wondering,
1.) is there a surefire guarantee that the case would be dismissed by court or that there is just a low chance of it being done.
Because if Nvidia knows this, then they are saying so sue us as a way to do just that (deterring you), but if the statute of limitations don't particularly apply though (as some have suggested here), then isn't litigation still a good path?
Also, instead of litigating with your own money, I imagine that there must be a market for cases like these who can litigate for you and win a portion of the money as well without requiring litigation fees from you. (A lot of hackernews comments are about this)
At best: you actually win money. At worst: you don't (but that's where you currently are), so perhaps there's still a reason to try.
IANAL and you have contacted top lawyers, (so please correct me if I am wrong as I usually am.)
2: how do you feel about the whole situation? I imagine not everyone has sort of even the possibility of becoming almost an billionaire. Also, do you believe that there could be other people like you as well where because of some technicality/(statute of limitations), they too didn't get the money/stocks?
3: What are the life lessons that you would like to give to the next generation?
It's still so impressive to me that I can just ask questions to you on hackernews just like that, thanks for taking the time to read it and have a nice day, kind sir!
(1) Not a certainty that it would be dismissed. Just a high enough likelihood that after hundreds of hours or work with my lawyers (who were excellent) and many rounds of letters and meetings with NVIDIA counsel - all very professional - it wasn't worth our time to pursue further. I have other things to do with my brief adventure on this planet. (2) Feel? At this point just sort of amused by it all.
(3) Read the contracts. Carefully. In 1996 NVIDIA was 3 years before IPO and nearly bankrupt, and I was busy. Too busy to read the contracts.
May I use your example if I give a talk at some point trying to impress upon the audience why they should actually read agreements before they sign them?
Thanks for taking your time to write the comment, I appreciate it and for the life lesson to actually read the contracts, carefully. I imagine that it doesn't become a priority or we are too busy for it until we suddenly aren't (seems like its a lot closer to hygiene/health)
Perhaps we can call it as a form of legal hygiene so as to impart the habit to the next generation. (Please feel free to correct me or tell me if there's a more proper term to what I am referring as, as well but I like the intuition/metaphor of treating it as hygiene.)
> At best: you actually win money. At worst: you don't
No, at worst the court orders you to pay for the time spent by lawyers working for the company you sued. This option exists to nudge that calculation “it’s a million to one chance, but it might just work” away from filing lawsuits just for the hell of it.
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!
it is laziness! and what is surprising is it saves a lot of grief if you read it.
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.
Litigation is expensive, and the OP knows that the statute of limitations is against them, so it'll likely turn out to be an even more expensive lesson.
They don't own the stock as I understand it but never received options which they should have and would have been able to exercise. I assume they sold the remainder of the options long ago otherwise they have $3b in NVDA already and probably wouldn't have written this post.
And if they sold the others, had they been given the additional shares, they would have very likely sold those too. So even if everything went correctly, nothing of substance would have changed. It only looks that way in a mythical history with perfect hindsight, where the stock was held for 30 years.
Plethora of reasons, but right to title is not as black and white as anyone assumes. There is no govt ledger that keeps track of who owns what, everything is always subject to interpretation. If you own a home, you likely had to purchase title insurance. If you don’t know what that’s for, look it up. It will give you the same answer to this question.
Also seems like it isn’t clear that they ever owned it. There appears to be a mistake in the contract asserting mutually inconsistent clauses, but it appears that both parties agreed on the not-owning interpretation for nearly 30 years, which might already be a far simpler contract resolution (depending on jurisdiction, it can almost immediately binding as soon as both parties accent to that reading) than also having waited out the statute of limitations
> NVIDIA’s CFO wrote me a letter stating that 15,625 shares of my stock options had vested, and that I was required to exercise them. I did, and then forgot all about it.
Read the whole thing again. They aren’t complaining about the 15,625 shares (which they presumably sold a long time ago) but the remaining 25,000–15,625.
"NVIDIA’s CFO wrote me a letter stating that 15,625 shares of my stock options had vested, and that I was required to exercise them. I did, and then forgot all about it."
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.
What sort of law suit rights can be sold? This is a new concept for me. If I was hit by a Mack truck could I sell my rights to sue. It would seem to be a different type of case or are they both sort of the some. Injured by a truck vs. injured by you not holding up your end of the bargin?
So is there not a case for suing not for the shares but being told the wrong information at the time? It seems wrong to be mislead by a company who owes you shares in this way.
> Then, in April 1996 - by which time I’d expatriated to the Kingdom of Tonga and was working on various internet startup schemes
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.)
It seems to me that if OP had been granted 25k shares instead of 15k, he would have sold 25k shares instead of 15k. So even aside from the statute of limitations, the damages would be something like the value of 10k shares in 1993, perhaps plus 30 years of interest.
If you’ve exercised them, you’ve essentially bought the stock at that price and own it. Most people just sell them right away because they’re more interested in the payment on the difference between option price and current price. But you technically could exercise/buy it and just hold.
Uh the vast majority of people exercise and hold to start the clock on LTCG. Very rare and frankly mostly financially unsophisticated people who immediately sell just to cash out.
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 they did not complain when they were sent the letter (of vesting) either they did not care about the stock or was under the same assumption they were that is over 4 years.
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.
In general, most founding staff with lucrative contracts, are often pushed out just before an IPO. Doesn't matter if you were friends, worked 60 hour weeks building the company for years, or name is on the company patents.
A bit of cash can turn folks into awful people, and some contracts are just a obfuscated legal con of the naive. =3
I'm just differentiating between the legal correctness and personal opinion/viewpoints on the matter.
Regardless of whether you are legally correct or not isn't really the crux of the issue for me, heck maybe Jensen doesn't even care about a billion given everything's he's minting (who knows though).
I was only talking from personal standing, in your stated cases or if I was in this position (I made some assumptions regarding the case), it would be a breaches of good faith and I would find it hard to trust them in a partnership ever again.
Only my POV, maybe the folks at the B level don't care about this as much since they are starting to fling Ts around. I can see how some people wouldn't really care, i.e. treating them as a freelancer and main objective is getting something done, but on a personal basis probably wouldn't trust them (say on personal matters that are company defining).
Still massively sucks though. Not quite as bad as the guy who bought two pizzas for 10,000 bitcoin but still a situation that would be impossible to ever get over.
I'll just say that I'm aware of instances where founders have used "clerical errors" in an attempt to trick departed employees from properly vesting their options.
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 bought a cup of coffee for ~10.5 Bitcoin back in April 2011.
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.
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.
No. Owner did not exercise all of the options he was entitled to because he relied on a miscalculated value in a letter reminding him he could exercise them. So he should have paid them and he’s arguing it’s their fault he didn’t remember the other options.
Bought $1000 of MSFT right after IPO. Went up 20% very quickly. Sold it immediately feeling confident I'd done the right thing. Worth $5+ million now I think?
Author here. I wanted to share this piece of personal and technical history from the early days of 3D graphics. The article covers the meeting on my houseboat with Jensen, Curtis, and Chris in 1993, working on biquadratic texture mapping for the NV1, and how Microsoft’s sudden pivot to triangles in DirectX nearly broke the company before their pivot to the RIVA 128.
It also digs into the paperwork anomaly I recently uncovered regarding my Technical Advisory Board options and the vesting schedule. Happy to answer any technical questions about the early 90s VR/graphics scene or the NV1 era!
I bet that was something! I just re-watched one of the Watts videos he filmed on the Vallejo a few weeks ago.
I imagine that living in a place with that sort of history was the kind of experience one can't really convey in a few words online, but if you have written about it (or intend to) I would certainly love to read more.
Indeed. The boat was - and as far as I know still remains - one of those very special magical places on the planet. Built in 1879, and still sturdy and loved, evidence perhaps of Taleb's principle of antifragility. Some tales are in my as-yet unpublished autobiography. Kinda chilly in the winter though.
Quads and biquadratic texture mapping truly were an awful choice and it's incredible that the company still pulled through. I have an NV1 floating around somewhere; I should dust it off again.
I'm familiar enough with the history, but I really have to wonder why quads were pursued. It seems like even at the time, triangles were the obvious long-term bet. Of course it's never quite that obvious at the time, but nevertheless quads seem like one of those weird tech offshoots that are simply too different to ever get traction, like ternary arithmetic. And the trajectory of transistor counts was such that per-pixel division for perfect perspective correctness was simply inevitable.
I was in on the ground floor of WiFi, in that around 1995 I did a significant chuck of the work that proved that WiFi works, and my work at a university lead to the formation of a company that put WiFi into the market (Radiata). The IP situation was murky. A patent holder made about $1b and the company sold for $560m (in 2000). I gather the university complained and got a good chunk of "go away" money. I could have thrown my hat in the ring: maybe I would have got something, maybe I wouldn't have. Either way, I walked away, as I judged it wasn't worth the non-financial cost. 30 years layer I still think I made the right decision. I might have been living in a nicer house, but I wouldn't have the life I have today, which I am happy with.
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.
Usually the university takes half of any funds, faculty takes half, and whatever is left over is split between the associated academics.
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
Yep. I was on a fixed term contract, which had expired, even though I was still working on the project well after its expiration. It would have been interesting to argue that any IP assignment expired with the contract. As you said: messy. As I judged: not worth it.
In 1989 I was consulting for a large company in NYC that hired you to give our small UI/UX team a demo of your VR system. I still remember strapping on the headset and looking around the virtual world. I might even have your business card somewhere!
I seem to recall that large company was Citibank, and that they were surprisingly open to the strange new tech of VR. Though perhaps there were other large NY firms with small UX groups I demoed to...
It sounds like he probably forgot about them until his trader friends brought up nvidia. Otherwise why would he go digging through his documents upon being reminded?
Frame rates were low because of limited rendering speed and tracker lag. I did a lot of VR demos starting in 1989 at Autodesk. Not much motion sickness, perhaps 2% of users. The first HMD we used at Sense8 was by Virtual Research (Bruce Bassett) with LEEP optics. And I just found out that John Ternus worked for Bruce. Small planet.
Beyond tech demos, yes, lots of customers of the WorldToolKit product. From NASA to artist Jenny Holzer. Sense8 was acquired in 1998 by Engineering Animation.
The Kingdom of Tonga stood out to me. Are you still there? Why were you there? It's a very interesting place, especially for anyone not from there. I'm only adjacently aware as someone who spent most of my life in a different Polynesian country.
Long story, but HM George V and I were good friends and business partners in some ventures. Most significant of which was the commercialization of the .TO ccTLD, in 1997, the first to compete with .COM. Do a search on my name and Tonga for details.
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.
Well in reality it’s not that big of a mistake because he probably would have sold these shares when he sold the first 62.5%……which I assume was not recently
You are ultimately responsible for asserting your contractual rights. Your stock options had an expiry and you did not exercise them in time. The letter you received notifying that you had 15,625 vested options was not an award in of itself, it was only a courtesy notifying you that you had vested options to exercise before they expired. Even if due to ambiguous wording it could be argued that 25,000 options had vested at the time instead of 15,625, that was only relevant until the options expired. You needed to assert your rights to the [additional 9,375] vested options before they expired. So, this issue died in 1996.
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.
The article states that they exercised their options.
No, it doesn't.
https://colo.to/exercise.pdf
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.
So 15,625 were exercised.
Yeah. The issue being that at the time both the CFO and their external counsel Cooley told me in writing that 15,625 shares had vested. Those representations were incorrect. And I (quite reasonably) replied on them rather than checking the original documents. Which I did only 30+ years later. In legal terms, the CFO Gani’s 1996 letter is a negligent misrepresentation, a species of fraud under Cal. Civ. Code § 1709-1710.
What happened to 15,625 shares you did exercise? I guess they are worth over $1.5 billion as of today?
I would venture the fate of the bygone shares would be the same as those 15,625. Sold early. Paperhands (aren't most of us?).
I imagine he sold all of it by now
Well, the bad news is that the statute of limitations on that appears to be three years in California.
> replied on them
I think this is a typo.
I'm no expert, but did your lawyers clarify if a statute of limitation start from the date you learned there might be a discrepancy, instead of all those years ago?
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.
They learned about it when they signed the contract. Saying “I forgot about it“ doesn’t reset the statute of limitations.
I've never been on either side of one of situations, but if the company is doing well, why doesn't the company just take care of the human? These don't really seem like opening-the-flood-gates types of decisions and companies could just choose to do if they wanted to, right?
You don't see the risk that is created when you allow unexercised options get called at a later date, when they're in the money, because the company is 'doing well'?
No, I guess I don't. The companies can choose to do what they want and I think they can make a different decision based on how well they are doing. I don't know. They don't have to, but I don't see why they couldn't.
If that were the case, why would anyone pay to exercise options ever again?
Not taking about $5k or even $5m. A billion dollars is a hell if a lot of money.
The shares are worth what their worth. People would have lost their minds and then everyone would have moved on. Is NVIDIA filled with more billion dollar typos? I don't think so, but I wouldn't care if it was.
One of the reasons such companies do well is they don't entertain "such things". Sad. But that's besides the point.
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”.
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 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...
> 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.
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.
It's not just a burden for the immediate parties. Having the ability to dispute rights and obligation going back indeterminate amounts of time adds risk to the rights and obligations of untold numbers of third-parties; everybody's interests become more interdependent and intertwined the more time has elapsed. One of the important functions of a legal system is to settle rights and obligations. Settled, transparent rights and obligations are also integral to notions of fairness and justice, so it's not a zero sum thing that statutes of limitations sacrifice fairness for cold transactional efficiency.
In an era of digital records keeping, this does not sound impossible.
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.
Yeah I never understand this idea that “if you avoid getting caught long enough, you deserve to enjoy the spoils of your crime.”
A few reasons:
- 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.
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.
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.
> 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.
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.
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.
Would they? Surely they'd realize that they too have no chance of winning because of the same issue.
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.
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.
"no chance" can still be 1/1000 which is ~1 million
the lawyers cost more
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.
Out of curiosity, why do you think you know that?
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.
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?
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.
The problem should reasonably have been discovered when they signed the contract and it wasn’t fulfilled. No new information has come to light in the 30 years since.
Not sure; I didn't go to law school.
The lawyers representing the author did, and came to this exact conclusion.
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!
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.
Presumably he kept those 16k shares and is sitting on $2b, so why bother with the hassle. Normal people don’t care about the second billion.
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.
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.
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.
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.
No it would not.
Firms can be sanctioned for pursuing cases knowing the statute of limitations has expired.
Absolutely this.
You know there’s an upvote button?
An open question is what happened to the 15,625 shares that he received when he exercised his options in 1996?
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.
Author here. Thanks for all the comments, I've been hesitant to post this to the court of public opinion, yet curiosity about what the HN community would think caused me to push the button. My lawyers - who were really excellent - represented me (on contingency!) because it seemed the chance of a judge not accepting a motion to dismiss (for a variety of reasons I don't want to detail here) was non-zero. And the process of discovery would be very costly for NVIDIA with depositions from many executives who have better things to do.
Thanks for sharing your story in straightforward detail. Do you believe, in an ethical sense (independent of the legal sense), that you are owed roughly a billion dollars?
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.
What happened to the $1.7 billion of shares that you did get by exercising your options?
It was a great read and I am inspired by your stoic philosophy and it's sort of amazing that I can just talk to you via Hackernews :-D
but aside from that, a question I and many are wondering,
1.) is there a surefire guarantee that the case would be dismissed by court or that there is just a low chance of it being done.
Because if Nvidia knows this, then they are saying so sue us as a way to do just that (deterring you), but if the statute of limitations don't particularly apply though (as some have suggested here), then isn't litigation still a good path?
Also, instead of litigating with your own money, I imagine that there must be a market for cases like these who can litigate for you and win a portion of the money as well without requiring litigation fees from you. (A lot of hackernews comments are about this)
At best: you actually win money. At worst: you don't (but that's where you currently are), so perhaps there's still a reason to try.
IANAL and you have contacted top lawyers, (so please correct me if I am wrong as I usually am.)
2: how do you feel about the whole situation? I imagine not everyone has sort of even the possibility of becoming almost an billionaire. Also, do you believe that there could be other people like you as well where because of some technicality/(statute of limitations), they too didn't get the money/stocks?
3: What are the life lessons that you would like to give to the next generation?
It's still so impressive to me that I can just ask questions to you on hackernews just like that, thanks for taking the time to read it and have a nice day, kind sir!
(1) Not a certainty that it would be dismissed. Just a high enough likelihood that after hundreds of hours or work with my lawyers (who were excellent) and many rounds of letters and meetings with NVIDIA counsel - all very professional - it wasn't worth our time to pursue further. I have other things to do with my brief adventure on this planet. (2) Feel? At this point just sort of amused by it all. (3) Read the contracts. Carefully. In 1996 NVIDIA was 3 years before IPO and nearly bankrupt, and I was busy. Too busy to read the contracts.
Read the contracts. Carefully.
May I use your example if I give a talk at some point trying to impress upon the audience why they should actually read agreements before they sign them?
Thanks for taking your time to write the comment, I appreciate it and for the life lesson to actually read the contracts, carefully. I imagine that it doesn't become a priority or we are too busy for it until we suddenly aren't (seems like its a lot closer to hygiene/health)
Perhaps we can call it as a form of legal hygiene so as to impart the habit to the next generation. (Please feel free to correct me or tell me if there's a more proper term to what I am referring as, as well but I like the intuition/metaphor of treating it as hygiene.)
Thank you and have a nice day :-D
> At best: you actually win money. At worst: you don't
No, at worst the court orders you to pay for the time spent by lawyers working for the company you sued. This option exists to nudge that calculation “it’s a million to one chance, but it might just work” away from filing lawsuits just for the hell of it.
This guy has had some interesting side quests.
https://time.com/archive/6735546/hes-the-master-of-his-domai...
Love to hear how that self-sustaining island project worked out!
Read papers given to you!
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
> Read papers given to you!
I don't. I blame on the ADHD. Or maybe its laziness.
it is laziness! and what is surprising is it saves a lot of grief if you read it.
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.
To satisfy the curious, "I have been everything, and nothing is worth it."
Well quoted.
Thanks!
Way of my league here but if it starts with a B and they said sue them, why not go ahead and sue them?
You’re not the only one who want to see this go somewhere.
Litigation is expensive, and the OP knows that the statute of limitations is against them, so it'll likely turn out to be an even more expensive lesson.
Why does a stockholder have to reassert their rights to hold the stock that they already own?
They don't own the stock as I understand it but never received options which they should have and would have been able to exercise. I assume they sold the remainder of the options long ago otherwise they have $3b in NVDA already and probably wouldn't have written this post.
And if they sold the others, had they been given the additional shares, they would have very likely sold those too. So even if everything went correctly, nothing of substance would have changed. It only looks that way in a mythical history with perfect hindsight, where the stock was held for 30 years.
Plethora of reasons, but right to title is not as black and white as anyone assumes. There is no govt ledger that keeps track of who owns what, everything is always subject to interpretation. If you own a home, you likely had to purchase title insurance. If you don’t know what that’s for, look it up. It will give you the same answer to this question.
Also seems like it isn’t clear that they ever owned it. There appears to be a mistake in the contract asserting mutually inconsistent clauses, but it appears that both parties agreed on the not-owning interpretation for nearly 30 years, which might already be a far simpler contract resolution (depending on jurisdiction, it can almost immediately binding as soon as both parties accent to that reading) than also having waited out the statute of limitations
They do not own the stock, because the options never vested and thus were never exercised. The time to assert that claim was 30 years ago.
> NVIDIA’s CFO wrote me a letter stating that 15,625 shares of my stock options had vested, and that I was required to exercise them. I did, and then forgot all about it.
Read the whole thing again. They aren’t complaining about the 15,625 shares (which they presumably sold a long time ago) but the remaining 25,000–15,625.
"NVIDIA’s CFO wrote me a letter stating that 15,625 shares of my stock options had vested, and that I was required to exercise them. I did, and then forgot all about it."
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.
Those shares were fine, it was the other 9,375 that were in question here.
Seems like you should sell your rights to the suit to a third party for a flat fee and percentage of recovery.
Who in their right mind would buy a case that’s past the statute of limitations?
Half of HN, it sounds like.
Just commented the same thing and agree 100%.
What sort of law suit rights can be sold? This is a new concept for me. If I was hit by a Mack truck could I sell my rights to sue. It would seem to be a different type of case or are they both sort of the some. Injured by a truck vs. injured by you not holding up your end of the bargin?
Pretty much any lawsuit right can be sold, except for personal injury lawsuits, due to specific state restrictions for public policy reasons.
So is there not a case for suing not for the shares but being told the wrong information at the time? It seems wrong to be mislead by a company who owes you shares in this way.
Doesn’t matter what you are suing for. The window to do it closed a long time ago.
> Then, in April 1996 - by which time I’d expatriated to the Kingdom of Tonga and was working on various internet startup schemes
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".
Tax (not cheating!,) optimization?
(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.)
Don't Americans pay US tax regardless of where they live?
The first $130k or so is excluded if you are outside the us for 11.5 months. Not sure what the amount was in 1997
https://www.tonic.to
Thanks for sharing. Do you have any writing on your experience living and working in Tonga?
It seems to me that if OP had been granted 25k shares instead of 15k, he would have sold 25k shares instead of 15k. So even aside from the statute of limitations, the damages would be something like the value of 10k shares in 1993, perhaps plus 30 years of interest.
The value in 1996 when he could have exercised these options was probably $0 since Nvidia hadn’t gone public and was at risk of going bankrupt.
SS Vallejo, is that the old Alan Watts houseboat??
Yep
Don’t options expire (ex. Leaving the company)? How would this work thirty years later?
If you exercise them, they are yours.
He didnt though. He only exercised 3/4 of them and it sounds like he sold those shares
If you’ve exercised them, you’ve essentially bought the stock at that price and own it. Most people just sell them right away because they’re more interested in the payment on the difference between option price and current price. But you technically could exercise/buy it and just hold.
He’s not complaining about the options he exercised, rather the ones he didn’t and would now be worth a billion.
Uh the vast majority of people exercise and hold to start the clock on LTCG. Very rare and frankly mostly financially unsophisticated people who immediately sell just to cash out.
So the shares he did receive are worth well over $1B too right?
Probably sold them a long time ago.
I don’t understand. How are they owed stock if they didn’t exercise? Options are not shares. They’re a contract to purchase shares.
Not sure how to feel about it.
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 did this to me this is pretty much grounds for an irreparable relationship.
If someone tried to claim what was contractually theirs?
If they did not complain when they were sent the letter (of vesting) either they did not care about the stock or was under the same assumption they were that is over 4 years.
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.
In general, most founding staff with lucrative contracts, are often pushed out just before an IPO. Doesn't matter if you were friends, worked 60 hour weeks building the company for years, or name is on the company patents.
A bit of cash can turn folks into awful people, and some contracts are just a obfuscated legal con of the naive. =3
Unfortunately true.
I'm just differentiating between the legal correctness and personal opinion/viewpoints on the matter.
Regardless of whether you are legally correct or not isn't really the crux of the issue for me, heck maybe Jensen doesn't even care about a billion given everything's he's minting (who knows though).
I was only talking from personal standing, in your stated cases or if I was in this position (I made some assumptions regarding the case), it would be a breaches of good faith and I would find it hard to trust them in a partnership ever again.
Only my POV, maybe the folks at the B level don't care about this as much since they are starting to fling Ts around. I can see how some people wouldn't really care, i.e. treating them as a freelancer and main objective is getting something done, but on a personal basis probably wouldn't trust them (say on personal matters that are company defining).
If they exercises the rights would they have HODLd to now anyway prolly not. They might have $1m in SP500 index though or similar.
That’s how the statute of limitations works.
Still massively sucks though. Not quite as bad as the guy who bought two pizzas for 10,000 bitcoin but still a situation that would be impossible to ever get over.
I'll just say that I'm aware of instances where founders have used "clerical errors" in an attempt to trick departed employees from properly vesting their options.
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 bought a cup of coffee for ~10.5 Bitcoin back in April 2011.
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.
What was the final result of your legal battle with the insurance company and their contractor?
this is like finding your harddrive with 13,000 bitcoin but it's encrypted and you forgot the password
tl;dr
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.
I think that's an overly charitable reading.
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.
No. Owner did not exercise all of the options he was entitled to because he relied on a miscalculated value in a letter reminding him he could exercise them. So he should have paid them and he’s arguing it’s their fault he didn’t remember the other options.
Correction: The writer chose not to engage a lawsuit after receiving advice it was likely to be dismissed given 30 years had passed.
Thanks for sharing, Eric.
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 :-)
Bought $1000 of MSFT right after IPO. Went up 20% very quickly. Sold it immediately feeling confident I'd done the right thing. Worth $5+ million now I think?
Yep, I bought Apple at $19 after Steve Jobs went back to Apple. Sold them at $80.
Author here. I wanted to share this piece of personal and technical history from the early days of 3D graphics. The article covers the meeting on my houseboat with Jensen, Curtis, and Chris in 1993, working on biquadratic texture mapping for the NV1, and how Microsoft’s sudden pivot to triangles in DirectX nearly broke the company before their pivot to the RIVA 128. It also digs into the paperwork anomaly I recently uncovered regarding my Technical Advisory Board options and the vesting schedule. Happy to answer any technical questions about the early 90s VR/graphics scene or the NV1 era!
You lived on a houseboat named SS Vallejo in Sausalito...
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.
Yes, the S.S. Vallejo. Formerly owned by Jean Varda and Alan Watts. I lived there from 1990 until 2023.
I bet that was something! I just re-watched one of the Watts videos he filmed on the Vallejo a few weeks ago.
I imagine that living in a place with that sort of history was the kind of experience one can't really convey in a few words online, but if you have written about it (or intend to) I would certainly love to read more.
Indeed. The boat was - and as far as I know still remains - one of those very special magical places on the planet. Built in 1879, and still sturdy and loved, evidence perhaps of Taleb's principle of antifragility. Some tales are in my as-yet unpublished autobiography. Kinda chilly in the winter though.
Quads and biquadratic texture mapping truly were an awful choice and it's incredible that the company still pulled through. I have an NV1 floating around somewhere; I should dust it off again.
I'm familiar enough with the history, but I really have to wonder why quads were pursued. It seems like even at the time, triangles were the obvious long-term bet. Of course it's never quite that obvious at the time, but nevertheless quads seem like one of those weird tech offshoots that are simply too different to ever get traction, like ternary arithmetic. And the trajectory of transistor counts was such that per-pixel division for perfect perspective correctness was simply inevitable.
I was in on the ground floor of WiFi, in that around 1995 I did a significant chuck of the work that proved that WiFi works, and my work at a university lead to the formation of a company that put WiFi into the market (Radiata). The IP situation was murky. A patent holder made about $1b and the company sold for $560m (in 2000). I gather the university complained and got a good chunk of "go away" money. I could have thrown my hat in the ring: maybe I would have got something, maybe I wouldn't have. Either way, I walked away, as I judged it wasn't worth the non-financial cost. 30 years layer I still think I made the right decision. I might have been living in a nicer house, but I wouldn't have the life I have today, which I am happy with.
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.
Usually the university takes half of any funds, faculty takes half, and whatever is left over is split between the associated academics.
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
> These things can get messy fast.
Yep. I was on a fixed term contract, which had expired, even though I was still working on the project well after its expiration. It would have been interesting to argue that any IP assignment expired with the contract. As you said: messy. As I judged: not worth it.
In 1989 I was consulting for a large company in NYC that hired you to give our small UI/UX team a demo of your VR system. I still remember strapping on the headset and looking around the virtual world. I might even have your business card somewhere!
I seem to recall that large company was Citibank, and that they were surprisingly open to the strange new tech of VR. Though perhaps there were other large NY firms with small UX groups I demoed to...
Do you still program for fun ?
I’m in a small game dev group and I very much enjoy seeing how older engineers tackle problems.
Yes. I do a lot of embedded systems things and recently some agentic auto-improvement with local LLMs on a strix halo. "Older Engineers".
What was your gain on the 15,625 shares you did own? What year did you sell them?
It sounds like he probably forgot about them until his trader friends brought up nvidia. Otherwise why would he go digging through his documents upon being reminded?
How bad was the motion sickness back then and what kind of hardware were people using for the headsets?
Did anything progress past tech demos?
Frame rates were low because of limited rendering speed and tracker lag. I did a lot of VR demos starting in 1989 at Autodesk. Not much motion sickness, perhaps 2% of users. The first HMD we used at Sense8 was by Virtual Research (Bruce Bassett) with LEEP optics. And I just found out that John Ternus worked for Bruce. Small planet.
Beyond tech demos, yes, lots of customers of the WorldToolKit product. From NASA to artist Jenny Holzer. Sense8 was acquired in 1998 by Engineering Animation.
The Kingdom of Tonga stood out to me. Are you still there? Why were you there? It's a very interesting place, especially for anyone not from there. I'm only adjacently aware as someone who spent most of my life in a different Polynesian country.
Long story, but HM George V and I were good friends and business partners in some ventures. Most significant of which was the commercialization of the .TO ccTLD, in 1997, the first to compete with .COM. Do a search on my name and Tonga for details.
You sound like a character in a Neal Stephenson novel (in a good way!). I don't suppose the two of you ever had contact?
Was curious too and this came up: https://www.irishtimes.com/news/to-be-or-not-to-be-1.101984
9,375 × $0.05 = $468.75.
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.
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Don’t jeer or snipe on HN. Even if your framing is true, it’s an awful way to address anyone. If it’s false (which it likely is) it’s utterly vile.
Big mistake.
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.
Well in reality it’s not that big of a mistake because he probably would have sold these shares when he sold the first 62.5%……which I assume was not recently