So apparently NVIDIA and a single AIB partner, Gigabyte, are facing a class action lawsuit because of the GeForce GTX 970 4GB controversy. I am not sure why they singled out Gigabyte, but I guess that is the way things go in the legal world. Unlucky for them, and seemingly lucky for the rest.
For those who are unaware, the controversy is based on NVIDIA claiming that the GeForce GTX 970 has 4GB of RAM, 64 ROPs, and 2048 KB of L2 Cache. In actuality, it has 56 ROPs and 1792KB of L2 Cache. The main talking point is that the RAM is segmented into two partitions, one that is 3.5GB and another that is 0.5GB. All 4GB are present on the card though, and accessible (unlike the disable L2 Cache and ROPs). Then again, I cannot see an instance in that class action lawsuit's exhibits which claim an incorrect number of ROPs or amount of L2 Cache.
Again, the benchmarks that you saw when the GeForce GTX 970 launched are still valid. Since the issue came up, Ryan has also tried various configurations of games in single- and multi-GPU systems to find conditions that would make the issue appear.