A sufficiently aggressive lawyer just hasn't gone after them, yet.

Which, for all the nonsense this post points out, might end up being a net negative for our industry. I'd like these jokers to at least worry a little bit about it in order to stop us from entering that world.

Well, it doesn't have as much to do with aggression as it does with payouts. The average startup doesn't have enough capital (or any revenue to speak of) to make it worth a lawyer's time.

Once a company gets bigger, the stakes change and they have to be much more careful in their hiring practices lest they tempt the flock of lawyers circling overhead.

Is there really a statute of limitations on this sort of thing? I wonder if a lawyer can just wait 2-3 years for them to grow / get enough VC money to be a viable target.