From a legal perspective, I contend there is little, if any, chance that Kip would seek legal recourse if an article was published in a major publication and/or posts on this board.
Let's think about it for a moment:
Up until this point, Kip has remained silent on this entire issue. In those instances where he has engaged in correspondence with ScottH and others regarding his cheating allegations, his responses are nonsensical at best, and completely bizarre at worst. More importantly, in those same emails, Kip acknowledges fabricating races, participants, and finishing times. His explanations are incredible, and no trier of fact would ever believe his excuses. The only card in Kip's hand presently is his ability to keep his mouth shut.
However, in the unlikely event Kip files a lawsuit alleging defamation, his refusal to talk about the claims made on this board (or in the article) comes to a stop. Everything that has been published (whether it be the posts and pictures on this board, the magazine article, or the postings on SOKLR) would all be fair game. Kip would be compelled to testify (either at a deposition or in a trial) about the change of clothes mid-race, walking to the finish line while still coming in under three hours, racing under fake names, his previous DQs for similar conduct (which by the way went uncontested), missing chip times and his lack of photos in races.
Kip's also going to need a lawyer to advance his case. While I know his wife is an attorney and that might save him a few bucks, I can't imagine he would want his family to know about this situation. I have a suspicion he loves the thought of his friends and family thinking he's an incredible runner, and desperately wants to keep this from his spouse. That leaves him to find someone else to take his case, and while there are some unscrupulous lawyers out there who will take any case that walks through the door, his case has no legs and it likely would not survive summary motion once discovery ended. Also, litigation is public, so copies of all pleadings, exhibits are available to anyone who wants to pay the expense of getting copies. Everything would come out (I can't see any reason why the pleadings in this case would be subject to a protective order and therefore private).
My point is this: If Kip had something credible or believable to say, he would have done it long ago. He should speak up, come clean and take it like a man. But for reasons known only to him, Kip continues to keep his mouth shut because he knows he's busted, and every explanation he has can be refuted with little effort (many of which have been explained in the previous pages). Kip thought he was going to get away with it, and I doubt he never expected this kind of scrutiny. I almost want him to bring a claim, because then he would be forced to explain and give his side of the story on the mountain of evidence against him. But as I've stated above, that's never going to happen.
This is not intended to be legal advice. Rather, it is merely my personal opinion as to why Kip is not going to bring a lawsuit against anyone on this board, or sue the author of the article. If my information is correct regarding the publication, you can be more than certain there has been a thorough and comprehensive legal analysis done by the magazine and if they had concerns, they would have pulled the plug.
It's certainly a fascinating story, and everyone who played a role in uncovering his cheating deserves to be congratulated for a job well done.