"I have doubts how complaint of omission to point out otherwise obvious fact would fare in legal actions."
You're right to have those doubts, but it INVITES legal actions that might have additional bases for a claim.
Hence I said "BY itself it would be less meaningful than as a pattern of conduct, but the next thing you know some joker pops up with the same analysis that you conducted, headlines it as "What are they trying to hide?" in a SeekingAlpha blog, and bingbangboom there's a bunch of Rosen clones doing an "investigation".
And as we know, legal actions can be damaging even when the defendant prevails in the end. It's a calculated risk that is easier to take from a position of strength. I'll leave it there.