Could a lawsuit get filed? Maybe. When the monthly, or quarterly invoice, for legal services, costs, and expert witnesses, arrives at Company HQ, and even more certainly, when Company HQ is notified by the law firm that an exec has to sign off, under penalty of perjury, on the discovery responses the law firm has drafted, or that an exec has to sit down for a six hour deposition, under oath, or that at least one, and preferably more execs need to travel to wherever the lawsuit is and be present for the jury trial, because jurors don't take it well when they have to show up for trial, and the company can't be bothered to send execs to show up, I don't believe that it is remotely possible for a lawsuit to proceed, without the company being behind it.
People who know nothing about litigation, except what they see on the internet/TV, and who consider these lawsuits to be both unnecessary, and oppressive, but like Buc-ees, are trying to make Buc-ees the innocent victims of their own attorneys.
Perjury is basically an empty threat in these cases, as is a jury trial.
Few of these cases ever go to trial. Most are settled with a return letter saying that the accused will change their company name and logo. The rest a settled before it goes to court. Even fewer will go to before a jury.
As for being a victim of their lawyers, I see them as being lax in oversight and too quick to agree with their lawyer’s opinions.