In what way specifically?
Also, assuming they are “getting their butt handed to them” it’s only because they are huge and successful. If they were a failure nobody would care. And if they had kept up with TOS updates and still ended up a failure would they be saying, “boy glad we dropped that $5k on a lawyer.”
If you get big enough you can overcome any legal misstep you made in the early days whether it was accidental or malicious.