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BACKGROUND

Acorns is a financial technology and services company focused on serving millennials. Its CEO is Noah Kerner. Plaintiff has an MBA and various financial services licenses. At a time when plaintiff was looking for a new job, Alan Patricof, an Acorns investor and friend of plaintiff’s grandparents, asked Mr. Kerner to meet with plaintiff as a favor to Mr. Patricof. Mr. Kerner obliged and arranged a lunch with plaintiff and two other Acorns executives, David Keegan and Manning Field. The lunch took place in late 2016. At the lunch, Mr. Kerner referred to the possibility of plaintiff’s employment by Acorns but did not make him any offer. After the lunch, plaintiff had an e- mail exchange with Mr. Keegan but heard nothing further from Mr. Kerner. This disappointed plaintiff. Plaintiff repeatedly communicated to Mr. Patricof through a mutual contact that Acorns had not hired plaintiff but that plaintiff remained interested in Acorns. In mid-2018, Mr. Kerner

2 e-mailed Mr. Patricof and others that Acorns was looking to fill a business development position. Mr. Patricof again referred Mr. Kerner to plaintiff. Mr. Kerner, in turn, contacted plaintiff and suggested he apply for…