The Wall Street Journal has an article about Goldman Sachs' U.S.-based clients annoyed that the firm will only allow foreign investors, not Americans, to invest alongside it in Facebook. Is it too far-fetched to imagine some lawyer trying to conjure a case on behalf of such a client accusing Goldman of discrimination on the basis of national origin? It might not get too far in court, but sure would get a lot of attention and would make the public point.
Separately, Holman Jenkins has a pretty good column about the role of the SEC in all this: "The agency is worried that some might begin to ask what good the SEC does and why we need it—questions without any flattering answer."