There's still a lack of D&O insurance, and that has hindered the selection of board members to fill Phipps' two slots. He still intends to fill those slots. It is probably a more appropriate time to do so once contracts are coming in. The company will be perceived in a different light, will finally have the stigma of past illegal actions behind them, and will have funds available to purchase the insurance, hopefully at reasonable rates at that point.
And as someone pointed out a few days ago, having the open slots saves a bit on share awards to the board members.
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