Re:Uber finds one allegedly stolen Waymo file on an employee...
by dx034 on Thursday April 06, 2017 @10:45AM
(#14050951)
The judge specifically says that the 5th is only valid in criminal cases and leads to adverse inference in a civil case like this. Meaning the judge is very well able to assume that files ended up at Uber if they don't show enough effort to produce proof. So the fact that the employee uses the 5th hurts Uber significantly in this case.
A jury in a criminal case is not supposed to hold any weight to someone taking a fifth amendment plea to not talk (since it's a provision really meant to protect the innocent) but with human nature that's unfortunately not the case.
However, since this is a civil case I don't know if the legal system has to be neutral in a Fifth amendment plea. If not that would help Waymo's case, especially since Waymo does have evidence that he downloaded these documents. So Him taking the fifth is just to make sure he doesn't do anything himself that will spawn a criminal conviction later.
(IANAL)