A decision was made to eliminate the strategies that would either be illegal or fall into any one of a number of gray areas. For instance, Thiel could have easily hit Gawker with many meritless cases that he never expected to win in order to bury the company in legal bills, but how effective would that really have been? It’s a brute-force tactic that ignores the strategic value of exploiting your opponent’s fundamental weakness—if one could be found.
