This excerpt taken from the MRVL 10-Q filed Dec 11, 2008.
Derivative Litigation. On May 29, 2007, the Court entered an order staying discovery in this matter pending resolution of the Companys motion to dismiss.
On January 25, 2008, the Court entered a stipulated order staying proceedings so that the parties could finalize a settlement that would resolve the actions. On or about March 5, 2008, the parties entered into a memorandum of understanding that tentatively settles and resolves the actions. The terms of the memorandum of understanding include certain corporate governance enhancements and an agreement by the Company to pay up to $16 million in plaintiffs attorneys fees, an amount less than the $24.5 million that the Company received from a settlement with its directors and officers liability insurers. This tentative settlement of the consolidated derivative actions requires court approval before it becomes final. The Company accrued the $16 million settlement amount in the fourth quarter of fiscal 2008. The Company anticipates that the parties will finalize and submit formal settlement documentation to the court in the next few months for both preliminary and final approval, at which time payment of the settlement amount will be made. The Company recorded the insurance settlement amount as restricted cash at the time it was received in the first quarter of fiscal 2009.