MarkS: The risks you cite are the risks I had in mind. Reasonable minds can certainly disagree, but, given the allure of protecting shareholder rights, and the fact that the 13D movement has now been exposed and is in shambles, I wouldn't want to risk the negative press that would result if an injunction was issued against CYDY management.

Now, if Sidley Austin believes that risk to be minimal, due to knowledge that the ship to cure the by-law deficiencies sailed some time ago or perhaps because of its assessment of the predilections of the presiding judge, then rolling the injunction dice might be more supportable. Keep in mind, however, that denial of the Rosenbaum injunction motion would be appealable, and that would likely delay the Oct 28 BOD election. I would think that holding the election on Oct 28, with Rosenbaum's slate severely emasculated, would be a high priority for management as a means of terminating the 13D distraction for good.