No shifting problems here on my '08.
For question 1, I don't think I can help you out much. Maybe you can see if a dealership can update the software, or bring it in to a transmission specialist for a diagnosis.
For question 2, the transmission in your 2010 was designed to be 'maintenance free', with a 'lifetime' fluid. However, it is still possible to replace the fluid. Due to the lack of a dipstick, it's just harder to do than it was on earlier models.
If you're planning to do the fluid change yourself, check out page 145 of the transmission section of the service manual:
http://www.nicoclub.com/FSM/EX/2010/TM.pdf
Here are a couple of threads on the G37 forum that discuss the ATF changes:
http://www.myg37.com/forums/general-tec ... -find.html
http://www.myg37.com/forums/g37-coupe/2 ... fluid.html
Good luck and please let us know how it goes.