Curse

Karate Jesus · May 06, 2009, 04:34 PM // 16:34

Quote:

Originally Posted by Inde

Page 11: http://cdn2.libsyn.com/gamepolitics/...ac8ceabecc2e01

Para. 34 & 35

Garriott is claiming that was told he had 90 days to exercise his stock options or lose them (which is true). According to his statement, they didn't "threaten" him or "force" him to do anything. And exercise his stock options doesn't mean sell his stock. He has the right to retain them upon dismissal if he files w/in 90 days. And according to para. 36, the NCsoft Board had not issued a resolution to terminate his stock options. Technically, NCsoft was correct in saying that his stock options should "legally" end in 90 days. The fact that the board hadn't issued an act of termination doesn't mean he couldn't have retained them otherwise.

But, his Hobson's Choice defense is solid and legally viable. If he can prove they faked his statement, then NCsoft is going to lose a lot of money.

His fraud case is pretty solid if he actually has evidence. His breach of contract case is probably screwed since it's all he-said, she-said stuff. They'll out witness him on the the breach, but if he does have evidence he'll win the fraud.

Inde · May 06, 2009, 04:37 PM // 16:37

I don't know, I mean Garriott has always had a huge ego and been very full of himself from what I've read and seen. Not to mention that if some guy can spend $30 MM to get into space... okay my poor self would just love to see that kind of money.

Regardless though, NCSoft did indeed claim, and not so subtly, that he just up and walked away from it all. His "open letter" I can believe that NCSoft drafted and had him sign it. Not many of us think that something like that could be used against you one day so I can even see how that's explained. I also find it hard to believe that Garriott would call, while in quarantine in a Russian space station, to quit his job considering he was still getting paid (granted a reduced salary) so I (personally) don't believe his leaving was voluntary after reading that.

It will be interesting to see how it all plays out though.

pumpkin pie · May 06, 2009, 04:40 PM // 16:40

indeed, it will be interesting.

However, what I said in previous post, don't take my word for it, I am fiercely loyal to Guild Wars and anything associate to them

Karate Jesus · May 06, 2009, 04:45 PM // 16:45

Quote:

Originally Posted by Inde

I also find it hard to believe that Garriott would call, while in quarantine in a Russian space station, to quit his job considering he was still getting paid (granted a reduced salary) so I (personally) don't believe his leaving was voluntary after reading that.

It will be interesting to see how it all plays out though.

It's still technically voluntary unless he did in fact "contest" the dismissal. You can be dismissed w/o being fired. As a matter of fact, large companies screw a lot of people out of welfare checks and pensions by claiming that their employees didn't contest their dismissal. It's hard to fight.

However, like I said earlier, he isn't filing "Wrongful Termination" he's filing for Fraud 1 & 2, Incurred Damages from Legal Misrepresentation, and Breach of Contract. I would bet that he's aiming for a settlement on the Fraud 1 & 2. The breach has no grounding, and the incurred damages wont fly in front of a Texas jury. He'll probably get close to $10 mill in settlement if he has proof.

lewis91 · May 06, 2009, 04:49 PM // 16:49

Nah i think the other threads name is prettier

Inde · May 06, 2009, 04:50 PM // 16:50

Garriott states repeatedly that he objected to the dismissal. And that afterward he called in multiple times to state that his leaving was not voluntary. I agree on the settlement part though. Lawsuits are always long and this will be drawn out for years without resolution. But if NCSoft has some money to burn it might be in their best interest to just let it all play out and drain Garriott's funds.

LONGA · May 06, 2009, 04:51 PM // 16:51

Looks like Mr. Garriot,having a financial trouble.He could let this go if he doesn't plan to do something big.Those money for space tour could do a lot.

Karate Jesus · May 06, 2009, 04:52 PM // 16:52

Quote:

Originally Posted by Inde

Garriott states repeatedly that he objected to the dismissal. And that afterward he called in multiple times to state that his leaving was not voluntary. I agree on the settlement part though. Lawsuits are always long and this will be drawn out for years without resolution. But if NCSoft has some money to burn it might be in their best interest to just let it all play out and drain Garriott's funds.

You're right, he does contest it several times (hence why I used quotation marks

), but he isn't filing for wrongful termination which is fishy if you ask me. I think he's just throwing that out there because it strengthens his fraud charges (again, only if he has proof).

EDIT: Oh, and it's always fishy when someone brings up fraud charges in civil court. His intentions are obviously geared towards money, not revenge. If he was just pissed, he could have filed the fraud charges in criminal court. And he got Stephen Fox to represent him, who in Texas is pretty notorious for winning money.

Inde · May 06, 2009, 04:54 PM // 16:54

Well, NCSoft's reponse will be interesting. If they make a public one. I imagine it will just be in the form of a counter. LOL, NCSoft could counter sue him for making a terrible game, draining their coffers on a failed concept, and then taking an "extended leave of absence" by going into space. Now THAT would make for a great fight.

Karate Jesus · May 06, 2009, 04:58 PM // 16:58

Actually, if Garriott doesn't have enough physical evidence, NCsoft could counter sue for something like Corporate Defamation or some kind of breach of contract. That's probably what they'll do. Most companies try to counter sue and then drag the person through litigation. Which will take a lot of money out of Garriott, if he has any left from his $30 million space trip.

Apollo Smile · May 06, 2009, 04:59 PM // 16:59

Richard Garriott is a hasbeen who is just trying to make some quick bucks after wasting all of his money on his trip to space, and after HIS game flopped horribly.

Tullzinski · May 06, 2009, 05:03 PM // 17:03

Bah I hope Garriot vomits in his space suit and chokes on it. TR sucked, he sucked, his comments about GW business model sucked. Whiny has been a-hole that has done nothing lately but fail.

Damn Apollo beat me to it

Professor K · May 06, 2009, 05:05 PM // 17:05

Its really sad to see Lord British fall so low. His recent actions really slap his fans (myself included) in the face.

Zinger314 · May 06, 2009, 05:10 PM // 17:10

Quote:

Originally Posted by Inde

Well, NCSoft's reponse will be interesting. If they make a public one. I imagine it will just be in the form of a counter. LOL, NCSoft could counter sue him for making a terrible game, draining their coffers on a failed concept, and then taking an "extended leave of absence" by going into space. Now THAT would make for a great fight.

That's what will probably happen.

"We'll sue you unless you stop suing us."

Shayne Hawke · May 06, 2009, 05:15 PM // 17:15

I wonder who's going to take a stab at NCsoft next?

HollaBigj · May 06, 2009, 05:23 PM // 17:23

Actually, I believed it's depends on stockholders. They have a power to vote to "terminate" CEO or any executive board, only if, they're not happy with Company's performances and earning per share ratio. Once stockholders voted to "terminated" CEO, thus, there is no case against fraud, wrongful termination, or misrepresention and more likely to lose the case.

Higher percent of own stocks equal more control in the company. Basically, stockholders told Garriot to hit the road.

Snograt · May 06, 2009, 05:27 PM // 17:27

Quote:

Originally Posted by Inde

Well, NCSoft's reponse will be interesting. If they make a public one. I imagine it will just be in the form of a counter. LOL, NCSoft could counter sue him for making a terrible game, draining their coffers on a failed concept, and then taking an "extended leave of absence" by going into space. Now THAT would make for a great fight.

Actually, if I was NCSoft, that's exactly what I'd do:

Garriott: Many, many pages of legalese shenanigans

NCSoft's response: "Lol"

Karate Jesus · May 06, 2009, 05:27 PM // 17:27

Quote:

Originally Posted by HollaBigj

Actually, I believed it's depends on stockholders. They have a power to vote to "terminate" CEO or any executive board, only if, they're not happy with Company's performances and earning per share ratio. Once stockholders voted to "terminated" CEO, thus, there is no case against fraud, wrongful termination, or misrepresention and more likely to lose the case.

Higher percent of own stocks equal more control in the company. Basically, stockholders told Garriot to hit the road.

Um....no. Stockholders only hold voting decisions over positions; such as electing a Board, CEO, and major business issues such as selling the company. Businesses are not run democratically. Stock holders didn't "vote" out Garriott. He was dismissed.

Oh, and typically the Board/CEO hold a controlling stock of the company anyway. So average stockholders' "votes" don't mean shit.

Shadowhaze · May 06, 2009, 05:28 PM // 17:28

Interesting, but in the world today I'm really not surprised with all the poeple/companies getting sued. lol.

If they did indeed do what he said they did, that isn't good.
But who knows who is in the right.

Really though, someone with the luxery to spend that much money on a space trip...it almost makes me feel no pity. :s

Eragon Zarroc · May 06, 2009, 05:38 PM // 17:38

ooo, 24 million =) that's a pretty penny heh?