If NHL feels threat of decertication is real the league could file a preemptive lawsuit in jurisdiction that favours it (ie NY); NBA did it—
Eric Macramalla (@EricOnSportsLaw) November 24, 2012

It would not be entirely a surprise to see the #NHL file an action seeking to declare the lockout lawful and decertification a sham—
Eric Macramalla (@EricOnSportsLaw) November 24, 2012

The NHL is using the same law firm that the NBA did during their lockout last year.