"We do not know exactly how the weekly R2K results were created, but we are confident they could not accurately describe random polls," the three write in their analysis, which you can read at Daily Kos here.
R2K president Del Ali tells TPMmuckraker in an email, "I have much to say, however, I am following my attorney Richard Beckler' ESQ's counsel and referring all questions to him. I will tell you unequivocally that we conducted EVERY poll properly for the Daily Kos."
Beckler is the co-chair of the Securities Litigation, Government Enforcement and White Collar Defense practice at Howrey LLP in Washington. Kos, for his part, tell TPMmuckraker that Daily Kos is represented by Adam Bonin of Cozen O'Connor in Philadelphia. Bonin's bio says he "represents clients in campaign finance, election law and lobbying compliance matters and has been a leader in efforts on behalf of the rights of online speakers."
Kos has promised to sue R2K in the next day or two.
R2K is an extremely well-established pollster that has been employed and quoted by countless national and state-level newspapers as its website describes:
Some of our most active media clientele include the Bergen Record, The Raleigh News & Observer, The Concord Monitor, The Manchester Journal Inquirer, The New London Day, The Reno-Gazette, The Fort Lauderdale Sun-Sentinel, The Spokesman-Review, KCCI-Television in Des Moines, Iowa, WRAL-Television in Raleigh, North Carolina, St. Louis Post-Dispatch, and KMOV-Television in St. Louis, Missouri.
Our Polls can be seen on CNN'S "Inside Politics" and are also mentioned frequently in the National Journal's "Political Hotline", The Washington Post, The New York Times, The Christian Science Monitor, and The Wall Street Journal
Kos said in a post today that R2K has not offered a substantive response to the statistical analysis. R2K President Ali is described in his bio as having "analyzed over 2000 political races for media as well as for advocacy organizations and businesses.
Late Update: Here's more from lawyers for Kos and Ali.