Take Two's [Register or Login to view links] have been aired in public, giving a better view of what is happening behind the scenes at Duke Nukem Forever HQ.
Right now, Take Two wants 3D realms to cooperate so it can complete the Xbox 360 version, recover the $12 million invested and block any leaks of the code and artwork.
To quote: The court document claims: "Upon information and belief, Apogee has title to a substantial amount of funds deposited in an off-shore account, which Take-Two believes Apogee can use to fund its outstanding obligations."
Now Take-Two essentially wants to compel Apogee / 3D Realms to cooperate with the publisher so that it can complete the Xbox 360 version, as well as recovering the alleged $12m it has invested (looks like that's the original $2.9m invested, plus interest) and to block former members of the Duke Nukem Forever from leaking any more of the game's existing code and artwork.
We expect some fairly dramatic scenes when this case makes it to court. There's even the possibility that Duke Nukem Forever could still see the light of day, but we're not holding our breath.