Comment by jrowen
17 hours ago
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.
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.
"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?"
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.
> A modest inflation-adjusted multiple of the original value of the options seems reasonable.
But why? The OP (apparently) owns some of Nvidia. It seems reasonable to get that ownership recognised.
The simple reason is that if we allow litigating over ownership based on 30-year-old facts, nothing is ever settled. Maybe your house, with its 30 year mortgage paid off, actually belongs to someone else. Maybe that kid you shoved in 3rd grade comes back 40 years later and asserts their lifelong earnings were reduced by $100m because of the trauma.
The statute of limitations regime exists to provide stability. If you are harmed, you have some amount of time to make a claim.
Doing away with the statute of limitations would result in more injustice, not less.
While not a letter of the law argument, there's a spirit of the law argument here that comes from the ideas like adverse posession and the statute of limitations. The OP didn't use or even worry about the options/shares for 30 some years: the time to speak up and assert ownership was literal decades ago.
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?
In civil law countries, you would be. That's why Europe has the reputation for being tangled in bureaucracy. Every possible risk has to be discharged before you can do anything at all.
Physical land is quite different. And if squatting is legal, it makes a kind of tax of ownership and also means that any registry is invalid.
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 ...
> ; are you really entitled to swoop in and seize their house now?
In the country i am, yes. If you have the paperwork.
Yes, you are entitled. This has been a big point of contention in Eastern Europe after the fall of communism. A lot of the property was nationalized, their former owners defected, and then the heirs came back decades later requesting their property back. In some cases where there was a house, there was now a 15-story building.
Quod licet Iovi, non licet bovi
One man's negligence is another man's HODL... Buying and holding an asset is a completely sound investment strategy.
I dont think the land ownership analogy is quite as simple as you're making it out to be, given that the US and many other countries are literally founded on "someone else's land" and the entire Palestine / Israel issue.
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Ethically? Difficult question. I may not be a decent person as you posit, but I do like to think of myself as reasonable. I certainly never expected NVIDIA to say "aw shucks" and write me a billion dollar check. At the last lawyer meeting we proposed to settle for a far smaller number, which both sides agreed was reasonable. A number not picked out of a hat, but based on rather complex nuances such as the likelihood I would have sold etc.etc. derived from much legal thought. And they still made the call to say nope. I think it is perfectly clear from the options contract what the vesting term was. And certainly I erred in not realizing this earlier, before the statute of limitations tolled. Though in 1996 the stock was priced at 5 cents, so not something I paid enough attention to, not having the foresight or perhaps the necessary faith in Jensen's perseverance, intelligence, and luck. Hindsight is cheap.
A good framework would have been this: for the options you received, let's see what you did. Did you trade them 3 years later, resulting in $X amount? Then, let's assume you would have done the same with the missing stock options. I would guess that the amount would be really negligible - in the tens or hundreds of thousands, at most. Ethically, I think this is where I would consider it fair to both parties.
Then, you neglected this for ~30 years. It's fair to say that Nvidia doesn't owe you anything at this point.
Wouldn't be surprised if you weren't the only person with equity in nvidia around that time with similar paperwork errors, were that to be the case if word got around they settled with you, more people would start coming forward for the easy money.
If I were you I would refrain from offering thoughts like this publicly. You don't want to hav any of this used against you.
It is clear he has decided to not pursue this any further.
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