They ran it now because it's news and the big guys have already implemented the workaround: skewing the ISSUING of the trades so they arrive at all the exchanges at the same time.
It's legal because all the pieces are legal. The "fault" was the victims', for (accidentally) spreading their trades out in time enough that the high-speed traders could see the early ones and react fast enough to swing the market on the later ones. They didn't do their due dilligence to take into account that the environment had speeded up enough that miliseconds of skew between the orders' pieces leaked information that affected the price of the later trades.
If the high-speed traders had intercepted the victims' orders it would be illegal. Because they were just watching the ticker, figuring out a pattern, and getting their orders in fast enough that they were processed before part of the victims' original trades, the speed-demons were "just ordinary guys who happened to be really fast".
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"Obama’s Economists: ‘Stimulus’ Has Cost $278,000 per Job."
That means: For each job "created or saved" about five were destroyed.