I am an entertainment attorney and don't have specific experience in the legal/biotech world, so I am not experienced enough to opine on how bad it could get.

That being said, there is most likely a clause in the agreement, something to the effect of "Vyera hereby warrants and represents that is has no knowledge of any current or pending litigation that may hinder their ability to perform their responsibilities as outlined herein."

If it could be shown than they knew or should have known this suit was pending, well, that could be CytoDyn's "out."