> This is civil, so a preponderance of evidence is the burden here. Can he fight that at all without talking?
Pleading the fifth in a civil case can be used as a negative inference, so if you're not prepared to talk and the other side has evidence it's going to be an uphill struggle at best.
This is civil, so a preponderance of evidence is the burden here. Can he fight that at all without talking? Google has a ton of evidence that he 'downloaded' a lot of stuff. It's not a big jump to see Otto/Uber made a tremendous amount of progress pretty rapidly too. I'm not the judge but being an engineer, knowing other engineers, hearing Google's story about the data he took, seeing the dollar figures, it seems damning. What evidence is there to the other side if he won't explain things?