If Dwight Howard moves on with trying to get his ETO reversed, I think the key lies with the signatures. Lots of people have already begun with talks of how a contract means more than what was verbally said etc. etc. But the first thing that pops into my mind, is that Dwight Howard signed that contract.. and Dwight Howard alone.
If I recall correctly, Fegan refused to sign (probably because of all the "blackmailing" or whatever.. or maybe just because he knew it was a stupid move). According to NBA rules, a contract MUST be signed by the player AND his agent. At the trade deadline, when Dwight Howard agreed to sign and Fegan refused... I believe the exact words in the media were "But the NBA has said they will honor the waiver with just Dwight Howards signature".
ON WHAT BASIS????
This to me is the key to winning this case. What right does the NBA have to change the rules around as they see fit? There is a reason why this rule exists... probably to prevent blackmailing and the likes. If I'm Dwight Howard, this is what I focus on. The waiver should become null and void because Fegan never signed.