This answer feels 100% correct. If I consider a 3rd party perspective, I'd say it's completely ridiculous. Companies should be busy being companies, not suing over something so obviously non-damaging.
So let's add a little context.
I have back-salary that's overdue. I asked for a timeline. I got no timeline. I said I would sue in a month. I got a bunch of nasty stuff back.
I told one of the board members that I had resigned. They had no idea that I had resigned (almost three months ago), and I'm guessing that they were also the primary source of new leads for the company to raise. This is where "damages" and "best interests of the company" arguments seemingly deserve analysis.
My desire to distance myself from the company cannot be decoupled from my potential motive to derail the company by breaking the news. While I would consider it 100% right to enforce the ethics of disclosure on the company, I would prefer 100% legal if it goes to court, which it would do so as a big waste of time, but one that might require my attention.
I desire to spend zero time on this, and the other party has contacted me with the desire to also have no further interaction.
That's all fine, but what about the back-salary? A 3rd party would be right to say that I'm only after it because I don't want to be intimidated away from getting what's mine. A healthy course seems to wait for them to boil down and for me to get more stable in my new roll before asking for the payment.
The board member will probably want answers, so I won't totally be done for now yet.
And just three weeks ago, the CEO wanted to meet me in SF to catch up...