The courts still apply something called the "Business Judgment Rule" avoiding the investor "strike suits" you speak of. This lets companies concentrate their efforts on business instead of nuisance suits. I doubt management will losing much sleep over the "lawsuit" you mention. They'll be too busy increasing your ROI !
___________________________________________ They will get slapped with a lawsuit later this year. There is no hiding. Some of the shareholders that care about highest level of business ethics, execution, and importantly ROI will not tolerate this anymore. They (management) have been given enough leeway and benefit of doubt over the last decade or so.