Uber RSU Recipients May be Entitled to Compensation.

To recruit and retain talent, Uber entered into restricted stock unit agreements ("RSU Agreements") with thousands of employees and consultants pursuant to its 2013 Equity Incentive Plan (the "Plan"). Per the vesting provisions of these RSU Agreements, and the Plan, when Uber went public it became obligated to issue common shares to holders of about 75 million RSUs granted under the Plan. Under the Plan, all RSUs had two vesting requirements: (1) the passage of time and (2) the occurrence of a liquidity event like Uber's IPO. The RSUs that met the time vesting requirement as of Uber's May 9, 2019 IPO became fully vested. Per the RSU Agreements, if the vesting date occurred as a result of IPO, Uber "shall" issue their shares of stock on the earlier of six months after the vesting date or March 15th of the next calendar year (the "Settlement Date"). Therefore, the Settlement Date for RSUs was November 9, 2019 per the express terms of the RSU Agreements. All RSU Shares were subject to a lock up period prohibiting sales during the 180 day period following the IPO. On May 6, 2019, Uber circulated a memo unilaterally accelerating the Settlement Date to the IPO date. The fair value of RSU Shares became taxable as ordinary income on the unilaterally revised Settlement Date of the IPO when the price was $45 per RSU; however, when the lock up period expired, the price had declined from $45 per share to $27 per share. For employees based in Pittsburgh, Uber appears to have withheld 22% federal income tax where the RSU release was worth less than $1,000,000 and 37% for RSU releases valued at $1,000,000 or more. As a result, Uber RSU recipients appear to have been damaged for RSUs that had their Settlement Date accelerated. Roughly speaking, damages appear to be the difference between the amended share price and the original share price, times the difference between the actual tax rate and the withholding rate, times the number of RSUs.