Sebastian i thought shareholders can sue their company's CEO for being simply incompetent and acting in such a way that he just can't make the company successful. This is not a scam, but there is no proof that ken can make this venture succeed. It's like giving your money to a CEO lawyer for plumbing company. After a couple of fails from the lawyer i think you may want to change him to a plumber who know how to do the job proper.
That's definitely true, you can totally do that. Although it's actually hard to win those lawsuits in the U.S.