Unlikely that anyone would fund class action against an insolvent business or against directors for pennies. Secondly, insurers would start a fight due to lack of disclosure to the insurance companies. Specifically, class action is taking place due to lack of disclosure re Galderma. I think Glaucus did a pretty good job across the board on matters that directors know, or could reasonably be expected to know, and did not inform insurers.
Yes, that's the catch-22 situation.
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