...it seems (IMO) like they are almost operating as if mEnox never happened or was a smaller part of the equation going forward...
That's an excellent observation IMHO. Thank you for it, and the historical detail you provided.
Essentially, what you are saying is that they are operating conservatively, which is what Wheeler said was their intention. Given the description of their past actions, I feel much better about their decision to do the offering. No lavish spending, no, "we're going to undertake this and this and this" talk. I can respect that.
I still don't have my arms around the whole lawsuit matter, and the motivation(s) for it, but financially I'm pleased.