Sorry I don’t follow, you want to issue shares from a company that has dozens of lawsuits from shareholders who feel mistreated? And you want to issue even more shares while the litigation is going on ? and that would not be a fiduciary problem for the company towards the “old” holders? What exactly does the BOD do in your opinion?
Nothing prevents the issuance of new shares, not even conservatorship. If a derivatives claims wins it benefits the companies and the new shares will also benefit, if they are issued.