The reported agreement to settle the derivative lawsuit in Delaware was (at the time of the news report, at least) pending court approval. I think the principal plaintiffs in the lawsuit are major institutional shareholders.
Perhaps among their presumably eminent attorneys and counselors, some lawyer whose idealism hasn't yet been crushed and shredded by the arts of law practice - pulling constantly "the drag-chain of the law" - will realize that a motion to modify and amend the agreement would be well taken at this time. Motion For Equitable Distribution and Assignment, or something. It would take some atypically creative legal thinking, so holding of breath still not recommended or advised.
(Drag-chain reference attributable to Howard Cosell on a tv sports broadcast - he was an attorney before gracing the airways, I mean airwaves.)