I have discussed this with counsel. My attorney contacted the plaintiff's attorney.
The news is obviously the injunction request was dropped.
So here's an issue: Let's say you are short PCS, long FON.
At some future date , FON settles. PCS shareholders as of a certain date are due cash or stock. Since you created add'l float by shorting, would you then be obligated to pay the compensation on the PCS stock if you were short as of whatever record date is decided?
It seems farfetched, but if you think about it, when you are short, there are two long holders of PCS. The company would only pay on the O/S shares at the time.
The same issue arises with shareholder voting.