what you're missing is why would people invest in an ICO then sue before the project is completely dead? just asking for regulation and trouble, while still losing your investment. i guess the attorneys will make money.
Personally I would do it quietly, with good legal backing, and as a single entity or with a small group of investors rather than a large class action - and reach an early settlement to get our own investment back without causing too much of a stir for other investors.
"Futures" because they are just a pile of tokens bought by the exchange, and you can't sell your own tokens before release, so no way to get them into the exchange and no functioning market.