© 2024 Public Radio East
Public Radio For Eastern North Carolina 89.3 WTEB New Bern 88.5 WZNB New Bern 91.5 WBJD Atlantic Beach 90.3 WKNS Kinston 88.5 WHYC Swan Quarter 89.9 W210CF Greenville
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations
US

A Tiny, $25 Million Mistake

When Matt Levine graduated from law school, he got a job at a fancy corporate law firm. Big office; long hours.

"I remember going to sleep at like, you know 3 or 4 a.m. under my desk, which was not that unusual," says Levine. "But I remember it because it was my birthday."

His firm was representing a small Midwestern chain in this one contract negotiation. Levine's job was to make sure the contract reflected all the tiny details.

After they closed the deal, Levine realized he'd made a mistake. The contract he had written said his clients should be paid $400 million for one part of the deal.

But an email he had overlooked — an email that had been sent during the negotiations — said his clients were supposed to get $425 million. He thought, "Did I just cost my client $25 million?"

He called the client to explain.

"He paused for a minute," Levine says. "And then he just started laughing uproariously. He said, 'Let me call them, I'll fix it.' And that was pretty much it."

Levine had always thought a contract was binding. Now he saw two big companies laugh off his little mistake. The other side agreed to revise the contract to pay the extra $25 million.

The whole experience surprised Levine. "I thought it was a game," he says. "You sort of score points. And they had scored this point through my fault, and they were going to get something for it."

Business may be a game, Levine realized, but it's not a one-time game. It's more like an infinite game. It's a game in which people have to live with each other, work with each other again, and perhaps, write another big contract.

The only time the words in a contract really matter, Levine says, is when things start to get ugly — like when people start suing each other. For example, he says, the casino giant Caesars is currently fighting a suit by bondholders that may turn on the word "and" in a contract. Caesars insists the "and" should be interpreted as an "or."

Levine imagines the contract was written by some 26-year-old kid who was sleeping under his desk and didn't give that "and" a second thought.

Update: There was a typo in the original post -- the word "word" was misspelled as "world." Thank you to the commenters for bringing it to our attention.

Copyright 2021 NPR. To see more, visit https://www.npr.org.

US