On which side of such a lawsuit you are is not important, the fact that the DAO can not be trusted to be complete and that there is a possibility that contracts once executed can be rolled back makes it un-viable in this incarnation.
Personally I think it was oversold, this lesson could have been learned a lot cheaper but that's easy to say after the fact. As bug bounties come this was a pretty good one, and I'd be highly surprised if it was the only flaw in the present implementation.