IMO their goal should have been to demonstrate year over year growth and DM should have been made fully aware of that in designing the appropriate strategy.
However, these are the early rounds and if their definition of dynamic matches mine, they can then make this 10K very forgetable in the short term and get new investors focused and excited about 2011, 2012 and 2013 etc.
It's nothing 16 significant settlements and 40 new lawsuits filed won't fix.