I think Brady's legal team realizes that the NFL's strategy is to focus more on the PR battle rather than the outcome in the courts. The league offices figure they'll take the tiny hit when the ruling is overturned, but Brady doesn't have enough to likely win a defamation suit.
Given how effective the league has already been at tarnishing Brady's image with the brainwashed masses, Brady's legal team has likely decided to focus on winning the legal battle, and use the aggressiveness of the NFL's PR campaign against them. It seems like every decision they make goads the NFL to dig a deeper hole. They can't match the NFL's brute force in the media, but they can try redirecting that brute force and use their own momentum against them.
In other words, the NFL assumed that Brady didn't have enough ammo for a successful defamation suit when they devised their legal strategy. Brady's legal team agreed, but figured that by then end of the labor suit, the NFL will have provided enough ammo to make a strong case. If successful, this will be glorious.