From Ars Technica:

3D Realms and Take-Two are in the middle of a bitter lawsuit for control of Duke Nukem Forever, and now Take-Two is claiming 3D Realms has a large sum of money in an offshore account. Scott Miller denies this, and the court case offers no hints at a resolution.
One can only image a young Duke Nukem, crying in the basement, hoping his parents get back together.

So true ... Nothing seems to work out good when courts get involved. This is why i hate the legal system of the US. We are so advanced and backwater at the same time.