"Unless NSF was actively involved with the CRO pro

"Unless NSF was actively involved with the CRO process for Cytodyn"
When NSF took over Amarex, Amarex was still screwing up CYDY's clinical trial. The CEO appointed BY NSF to head Amarex, and who was an employee of NSF, was in charge while some of the incompetent or malicious acts were going on. There were also 2 board members appointed by NSF and who remained on NSF's payroll. And, of course, the promise by the NSF CEO to investigate and resolve the situation, which was yet another promise unfulfilled.

There is plenty of fodder here for a good attorney, and Sidley-Austin has plenty of good attorneys.

How good is it going to be for NSF's business if THEY are a party to a lawsuit making allegations of misconduct against them, at the highest levels of their management?

Think about how this would affect NSF's business, not to mention the gigantic legal fees they will have to defend this (even if they use in-house counsel), before just dismissing the idea that they have no liability or desire to settle the case.