I did not realize that Zenimax was in such dire straits. Although after losing its star coder I expect that made things harder for them.

For what its worth, these sorts of lawsuits come out of the woodwork when ever a 'liquidity event' happens. From folks suing companies about to go public, to targets of large acquisitions. Always interesting to read what they have to say when they try the 'appeal to the public' angle.