I always say there are two kinds of people. People that file lawsuits, and people that threaten to file lawsuits (which is what you see nearly every day in message board land). Why bother threatening to file one, when you can just wait a day or two and announce the lawsuit and reference the filing after its filed?
I am surprised he didn't go with my longtime favorite, "we've contacted the authorities, but we are not permitted to comment on the progress of the investigation at this time". MRNJ used to use that one all the time with me.
Time to dust off that old case much discussed here about 2-3 years ago where a company tried to sue select ihub users, and ended up paying ihubs legal costs when they lost the case? Deja vu?