That wasn't my read of what the postmortem is claiming. I didn't see a claim that anyone did anything illegal with proprietary information and the only legal question anyone raised was around a tangentially related proposal with user data[1]. I think the question about working on competing work is unfortunately more grey than most on HN would like, but even then nobody was fired/terminated for that. It sounds like people voluntarily left.
My biggest takeaway from this is the intermingling of opensource work/foundations/companies and employees/contractors/volunteers needs to be incredibly explicit. It sounds like everyone had very different expectations about what this group of people was (ranging from an exclusive club of influential ruby developers to a very formal, business-like foundation) and, as a result, each other's actions seemed hostile/strange/confusing.
[1] I actually think the comments about the proposal of selling the user data does a disservice to the postmortem. I think it invokes a much more emotional reaction from the reader than anything else and, while potentially interesting, seems like dirty laundry that doesn't change the lesson the postmortem teaches.
They are still trying to sue Andre, that is by definition claiming he did something illegal. The rest is just fluff to cover their insincerity (IMO).