It's not likely to win in court because the attacker can never expose themselves without taking risks. And the court is not likely to side with the attacker. In any case if the attacker were to bring it to court the community might view the attacker as some kind of government plant to bring down all of crypto including Bitcoin and Bitshares.

The whole point of decentralized governance on the blockchain is to be self governing. Self governing requires taking responsibility when things go wrong. If there is a hard fork because something went wrong and the developers of the smart contract say it's a bug, then the exploiter has no legal leg to stand on anymore. It's only if we find that the developers of the smart contract say it's a hidden feature that there might be some chance but even then I highly doubt anyone would win because it would be in court in all jurisdictions where some would win and some would lose and no one would know what would happen.

It would be bad for everyone.