He "linked to a sample of the Nerve.com database"
Seems like this case is already over.
Krebs said Bhatia hacked them based on published data. Bhatia is trying to pussyfoot around and redefine terms, which is something judges rarely like.
This paragraph is particularly damning :
The authenticity of the database portion of the dump seems at this point beyond doubt, thanks to the widespread confirmations by users of the site. The letter from the lawyer implicitly confirms that the leaked e-mails are authentic, as it makes reference to parts of the quoted e-mail that Krebs didn't include in his report.
The letter from the lawyer implicitly confirms that the leaked e-mails are authentic.
Bhatia is screwed. Twice.
And that's a good thing.