You doubt he's going to be subject to discovery?
Then you don't get how civil suits proceed. He absolutely will be subject to questioning. And you can also be certain he's not going to want to face a number of the questions coming his way.
As for the case against Gradient/Rocker, it all hinges on their research material and reports being false. As it turns out, Gradient Analytics has been pretty accurate with their predictions about Overstock.com.
"The penny stock investor may be the most dangerous creature in the investment world, at least to himself.[...]His hypocrisy becomes most apparent when he then blames his losses on the greed of others." Robert C. Dugan, Director - JRM Capital