I think the attorney on this case is whistling past a graveyard.
To contest the term "PYRAMID SCHEME" in a federal trial about...well,...PYRAMID SCHEMES is like saying in a snake bite trial;
"Well, you can't use the term "Snake", "Reptile", "Belly Crawler". Instead you must use the term "the poor, legless and thus physically deprived
Forum: Multi Level Marketing and Commercial Schemes