1) Reboot the Shadowrun franchise. Use the failed FASA game (which I personally love, wanna fight about it?) as a springboard, and make something that looks as good as it plays.
2) Focus on small XBL and PSN titles that are addictive, cheap and can generate tons of buzz (see Pixeljunk & Behemoth Games)
3) Avoid the Wii. Wait for Nintendo's next console which will hopefully combine the innovative control scheme with some current-gen graphics and some top-tier third-party franchises.
I hope the lawyer is billing this jackass by the hour, and not on a contingent basis. The cost of litigation alone should be enough for most people to be discouraged from filing such bullshit suits. Then again, the lawyers are laughing all the way to the bank.
Full disclosure, I'm a first-year law student. #lawsuit