Which hearing are you talking about. A recent one or one from the summer. That is when we heard about Broadbill leaving explaining the share price decline from $.90 to $.60 but we also had 4 HFs step up to take its place. If its that one its not really relevant.
I have not listened to the last hearing so if it was then I could understand your point.
Beyond the 700k shares sold in the last few days leading up to the judgement there was a 1.2M share day a week before Christmas. Anyway it doesn't really matter. If a HF wanted to withdraw a month out and that Art knew his funding was getting cut I would guess he would have settled when he and Rosen were sent to mediation.