Source
When this applies
when a powerful counterparty (regulator, platform, large customer) uses ambiguity and informal pressure instead of clear rules to control you
The takeaway
When you can't get clarity through cooperation, escalate to a forum that compels clarity, even if it costs you short-term trust or capital.
Why it works
Suing forces the ambiguous party into a court process with discoverable facts and a neutral judge, which removes their ability to use informal, deniable pressure.
One level up
Protect the long-term mission over short-term perception, when you have the resources to survive the fight.
Where it stops holding
This stops working when the company lacks the capital/resources to survive a multi-year legal fight, or when there is no legitimate legal violation by the regulator to point to.
Detail
situation: SEC would not provide rules on crypto asset classification, engaged in enforcement actions and ambiguity (Gensler/Warren era) that Armstrong believed was deliberate lawfare against the crypto industry.
decision: Coinbase proactively sued the SEC for violating the Administrative Procedures Act, after deliberating for 3-4 months while 'temperature was rising.'
outcome: Coinbase won the case, paid no fines, changed nothing about the company; cost was $50-100M in legal fees and an estimated $10-20B in stock damage over a couple years, but the industry's legal position was ultimately vindicated.
lesson: Standing up to a regulator/powerful entity using informal pressure can work if you have survivable resources and a genuine legal violation to point to, even though it's costly and rare ("very few" companies do this).
In their words
Very few. So this actually gets into like one of the big themes of, you know, I don't know, like me as a CEO, like I want to try to always do the right thing. And I have a very long term perspective.