Just when it seemed as if the movie company and the billionaire shareholder were on the same page in Icahn's efforts to merge Lionsgate with MGM comes word of a lawsuit in NY federal court. Lionsgate accuses Icahn of using the merger proposal to buy up a larger slice of MGM's debt (and thus a bigger stake in the studio). All of which is significant because Icahn had been trying to take control of Lionsgate before being rebuffed. The suit was filed the day before a vote by MGM creditors on whether to bypass the Lionsgate deal in favor of a prepackaged bankruptcy plan. From The Wrap:
The big winner in the latest round of legal gamesmanship will likely be Spyglass chiefs Gary Barber and Roger Birnbaum, who under their own proposal, would be named MGM co-CEOs after the studio emerges from Chapter 11. Some debtholders had quietly indicated that Icahn's contentious relationship with Lionsgate and unresolved suits against the studio were leading them to favor a Spyglass takeover rather than a merger with Lionsgate.