A small aside about taking responsibility:

"To date, Defendants have not provided Plaintiff with a copy of the picture in question. However, a similar picture is attached hereto as Exhibit "R."

From Snopes @ page 9, Complaint, paragraph 29.

Note the deceptive use of the word similar. It was her website – her photo. And she came up with a "similar" one. Not "a true and correct copy of . . . "

What were they (she and her lawyer) thinking? That the evaluators would just forget about the hand gesture? Be unable to prove it existed?