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.
If he's arguing that he could effectively revoke his past final decision to sell it all at not-billions by demanding withdrawal of hypothetical now-billions from NVIDIA, I wouldn't be sure what system will happily grant him that...
He's saying they didn't actually get exercised as-in stock was never made his. They took the money and didn't issue him the shares, but the statue of limitations is gone on the fraud.
No that’s not what’s being said. Nvidia gave him the wrong total. He paid for that total. He’s saying there’s a world in which he is owed the other 9k shares. He put some lawyers on it and it turns out it won’t be this world.
> And I (quite reasonably) replied on them rather than checking the original documents.
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.
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.
This does not apply because he was in possession of the agreement (grant document) the whole time. You don't get a decades long extension of the statute of limitations because you neglected to check what an agreement in your possession actually said.
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