Shouldn't this have also come up in the preliminary research before this deal became public? I personally remember getting asked to sign some legal documents after I had been working full time. I had originally started out as a contractor, but then went to full-time. And my contracting agreement was slightly different than the agreement I signed when I accepted the full-time offer. So I think some lawyer noticed the discrepancy and decided it needed to be taken care of. I don't remember any differences being important to me personally, but from that I would assume that Jeremy's relationship and contracts with Cruise would come up prior to the public announcement as part of conducting due diligence.
It doesn't sound like Kyle knew there was a claim. He probably just assumed since he had a vesting schedule which is standard so would anyone else. "only came up after deal announced"....
No, I mean I think maybe GM's legal team should have figured out about this situation before the merger was publicly announcement. Sure, maybe no-one at Cruise would have thought to bring it up, but I'd expect that the due diligence process might be thorough enough to catch it.
If the Cruise team didn't even know it was a problem- no way for GM to discover it. If the corporate entity is unaware- there would be nothing for GM to discover.