i had trouble with was i'm not sure i got this right but i thought he was offered a deal that did not have an arbitration agreement and it was less money and he turned it down and then e so he'll where he would get more money but there was an arbitration agreement do i have that correct you know your honor there was after the arbitration agreement and the second off about a rich person and the it had more money yes then the second offer letter because there was a january two thousand and three e mail which guaranteed him the full eight percent if a strategic partner was brought in he brought in the more money and less money if it's  spend any time with them especially company x because they had already turned the deal down he went and talked to company x got a tremendous deal where the venture capital equity was eliminated they got tens of million dollars more in profit and then he was presented with the second offer letter after performing extremely well with this arbitration agreement which he complained about and was told it was not negotiable there is a very fair amount of written exchange between your client then discussed by phone the arbitration agreement after he said i want to discuss this another thing that i had trouble with with your case was taking the body of law for this used for baggage tickets and printed forms that nobody reads and nobody really has any choice over and applying it because the arbitron they looked focused on the arbitration agreement as opposed to the offer letter in general and they said the arbitration agreement was not subject to negotiation and the employer did not provide notice meaningful choice with regard to the arbitration agreement if i understand what you said just a moment ago they did in fact negotiate the arbitration agreement he said he didn't want to and they said that they said  arbitration agreement the ninth circuit's on the california case is that you must provide notice of the opportunity to opt out and you must provide a meaningful choice to opt out of the arbitration agreement  prefer well the incontinent bill of the is to give the man the choice to walk away from millions of dollars or to sign the second offer letter that's unconscionable is there anything in the written correspondence that says that signing this but i really don't want to sign it really want this arbitration agreement it's critical to me well he did since the emails on may twenty seventh and june thirteenth objected to all of the non equity clauses and then genesis knew he was upset so they sent him an email with the july fifth deadline to sign it why would you send somebody in that line and short deadlines your c e o to sign it must they do he was objecting by phone i object i jack  write i guess i'm still mulling over your previous answer why is that unconscionable if somebody's opportunity to have million dollars in exchange for a contract term i don't necessarily live why isn't that outstanding consideration for something that they're not really wild about i mean i would grudgingly accept a contract with some perfect terms if someone gave me millions of dollars which is what you just said why would you walk away from that why negotiation he had asked for several things for instance they wanted him to sign a release in order to receive his severance he asked for that let me turn to be deleted it was denied he there was a january twenty third email agreement in which the full eight percent would be guaranteed upon the strategic partnership which meant they couldn't fire him and then take his stock that was denied and i don't get it you're saying either the contract is his way or up the movie company for more and when the movie company pointed to the contract they could say  every negotiation has a bottom line every party is going to come to a point where they say look i'm done negotiating this is what i'm going to do and that seems to be inherent in almost every negotiation but why i rattling a gun i have a fountain pen i have a gun they're different he had no bargaining power and his mentor said in the ninth circuit overwhelming bargaining power morning john hirst for genesis medical i think i want to just briefly focus on what was the undisputed evidence because that is really what we're talking about here there is a dispute and that is whether mr sampson ever said anything about the arbitration clause in the course of the six week negotiation before he signed the agreement with the arbitration clause he had an offer letter which he never signed they gave him eight percent equity that he could earn in the company and no arbitration the new offer gave him a chance to get nine  was paid there was a bill where yes i don't think it was any question that the company believe that those would be the terms of an agreement what happened and this is in the record is that when an investor  invest and signed the term sheet they were going through due diligence which means getting all of the contracts and harder and investor he brought him well actually was brought in by the entire company knowing things in an investor on their is a big east coast company that went through several months of discussions before they came and in due diligence they were going to ask for a chance to look at the agreements see if people were analogy there's no doubt that he brought this investor is there i think there's some doubt because it required one person to make the contact and he gets the credit for that but it requires a team it requires technology it requires concerned about including the arbitration clause you know that is that here that's not correct what happened was the november eleventh offer letter was supplemented by genesis counsel with additional terms that the company wanted to go along with the increased compensation terms we try to question this way did your client ever receive a markup copy opposed to agreement indicating simkins concerns whether they agreed to them or  know we gave him a revised november eleventh letter that had a red line version showing the additions that red line version is what showed under influential statement that you have gifted the arbitration that's correct and that's what the declaration said and the one thing i do want to point to is the e mail which says if you don't like the new deal with nine percent equity we can sign the all deal which has eight percent equity and no arbitration plus that's in an email it's in the record eighty seven and in the declaration of stay with the old one so he had the option of staying with y'all he had the option of signing it and turning it in so the company's files would be complete by he had that chance the question here is is there a meaningful choice you have meaningful choice yeah for more stock compensation with an arbitration clause what mr sampson wants to do is he wants to take the circuit city line of cases and say i can negotiate six weeks over the terms of the contract or the c e o that involved millions of dollars the compensation then on the last day i can say take out all the provisions i don't like because direct the court's attention to page one sixty seven one seventy two the pellet record one sixty seven is the e mail from common sense going on may twenty seventh the says i finally got through redlining the revised offer letter i am attaching it for your review the attached email in one