First Rule of Litigation: (Score 1, Interesting)

Find a solvent defendant. Obviously, they're going to go after the defendant who has the most money. Employers are generally not responsible for the torts of their employees if they took "reasonable" care in the hiring process. In order to prove their case, the plantiffs would need to point to a violation of stautory standing, or prove that defendants purposely or knowingly used the code despite knowing it was stolen.