It'll be a weird case to try, because it's different saying, we've been working on it since last year, and 'we knew the scope of the problem and it's impact as of point X in time'.
In the post-Enron , SOX-hysteria era, it'll most definitely get a trial and SEC investigation as well.
Funny thing is, the may not have disclosed the information to shareholders (and thus the public [especially tech communities]), but that might have been to shareholder advantage not detriment. If they kept this issue under wraps, sold a ton of potentially faulty GPUs instead of people staying away from them since shortly after launch, and they have little intention of a massive recall (as if it were a defective battery), then it may be a net positive on the bottom line, not negative. Declaring this issue last year when sales were just starting, and having nothing to replace it with, that would've cost much much more than the $200mil write-down sofar.
The tough part of the case will to be prove investor damage as a consequence of this action. Sure investor trust and the rules of the SEC may have been violated, but for the Civil suit, you'd need to prove your loses are greater than had they announced it in Aug 2007. I don't see that as being the case. had they soured their GF8300-8600 desktop and GF8400-8700 mobile launches.
The greater risk is if the SEC finds fault, because then that's potential jail time regardless of the effect on the company/stock/shareholders fi they felt rules were violated on purpose and knowingly.
BTW, I want money or a nice Tesla Rig for this piece of legal advice for the CEO , they misspelled HUANG on the complaint as HUNAG, so he's free from that particular suit (although nVidia is spelled correctly). [:mousemonkey:1]