I am an entertainment attorney and don't have spec
Post# of 148186
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."