Well time will prove who is right quite soon. Because we are talking about 2010 in North America. It is all about the money. So, if a lawsuit is as plausible and logical under these circumstances as you say, we should hear about one anyday.
What timeframe do we not have to have a filing regarding a class action lawsuit for you to acknolwedge that your position on this matter is just BS in order to work your own trading strategy?
since a confidentiality agreement was needed to even obtain the terms of the PIPE, one might assume the bad news was disclosed. Of course the impending price volatility could not have been spelled out, but it becomes notable.