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.
Your lawyers told you they were representing you, not because they thought your claim could prevail, but because you might be able to get into discovery, at which point the cost to NVIDIA in time and hassle would force them to settle?
I hope NVIDIA's lawyers are reading this comment and filing a state bar complaint against your attorneys.
Why? Thinking you won't prevail doesn't mean you can't try.
It would be different if they thought their claim had no merit, or were hiding evidence that it was a fraudulent claim. But here, it seems like it's just a slightly long-shot due to the timing. AFAICT there's no problem in pursuing claims like that, either for the client or the attorney.
Thinking you can only survive a motion to dismiss, where your allegations have to be accepted as true, but that you can’t win the case if you have to go to trial, is thinking that your case has no merit. It’s misconduct.
Eric_Gullichsen · · focus · HN ↗
asr · · focus · HN ↗
I hope NVIDIA's lawyers are reading this comment and filing a state bar complaint against your attorneys.
apparent · · focus · HN ↗
It would be different if they thought their claim had no merit, or were hiding evidence that it was a fraudulent claim. But here, it seems like it's just a slightly long-shot due to the timing. AFAICT there's no problem in pursuing claims like that, either for the client or the attorney.
asr · · focus · HN ↗