That strategy relies on courts always being slow and expensive though. It often feels like it, but that's not a universal truth of the court system. If the damage is high enough, courts can fast-track cases. Judges can also issue injunctions before the delays start, and if the argument is
too flimsy it can backfire on the defendant.
I'll concede that if whoever's being sued is going to rely on secret legal interpretations like the NSA/intelligence agencies did with the FISA court rulings, then it makes things a lot trickier.
