Could Kinder or shareholders sue Hedgeye (class action)?
Force them to provide all their internal communications, emails, analysis and make them prove their case in court or pay off for share price drops. Make it cost them. Prove they are NOT a legitimate research firm.
In general of course you're correct. But I have to think that if you're deliberately structuring your communication primarily to manipulate the market, that might be actionable. For example, releasing provocative "teasers" before the weekend, in advance of the actual report, in an attempt to inflict max damage on the stock price; referring to the enterprise as a "house of cards" implying deliberately fictitious accounting.