So they now can speak the half-truth that those malcontents who are suing them didn't find the opt-out option, therefore it was all right to exploit their contact lists.
One more thing. Given that a lawsuit is pending, it's extremely unwise to reveal one's defense in advance of the proceedings -- that can only help the other side. When a lawyer tells you to say nothing publicly about an upcoming legal action, you really should listen to him. This tells me that LinkedIn either doesn't have competent counsel, or they're in the habit of ignoring wise advice.