If this works like the East Texas patent trolls, they have created an LLC with no assets just for the lawsuits. If they win, the company pays the attorneys and the original owner's cut. If they lose on a countersuit, there are no assets to surrender. Of course it being an empty LLC, there's nothing really to countersue over.
BTW, the Texas patent trolls often go further, creating a new LLC for each separate lawsuit, dissolving it after each case is concluded. It's worth it because they're going up against big companies and aim to reap millions from each suit. Unfortunately, I haven't even heard a rumor over disbarrment among those attorneys.
Following up on this post:
I'm not a lawyer ... and I say that with pride ... but if I correctly understand the law, champerty, maintenance and barratry create liability for damages which are assessed directly against the tortfeasor -- in this case Righthaven, possibly its officers and directors, and certainly the attorneys bringing suit. As such, shell companies do not insulate individuals from the consequences of their actions.