But I have a hard time imagining a specific scenario where you're accused of IP theft and a lawyer can't find a way to say "my client is not guilty of IP theft" without compromising their client.
At the very least, at some point, the client is going to have to enter that "not guilty" plea.
Okay, how about where they actually physically have the documents that are the subject of the case, cooperating with discovery would reveal them, but they didn't actually use them in the new job or take them with intent, even though the other people accused alongside did actually steal smaller numbers of documents, and use them in the new job without your clients knowledge, so that your only real hope besides gambling on a jury's inferences of intent is that a criminal case is never initiated because your clients possession of the information doesn't come to light.
> At the very least, at some point, the client is going to have to enter that "not guilty" plea.
A plea is non-testimonial, does not open up cross examination, and does not open up threat of perjury. And, no, they don't have to do that if criminal charges are never filed, which is exactly what you are hoping for if you are invoking the Fifth in other circumstances because of potential future criminal prosecution.
It's super unclear to me how you would accidentally retain a copy digital documents...?
Like I said, it's hard to imagine this scenario actually happening. But for good measure:
Lesson #3: Leave work at work and startup at home.
I would probably have been in a world of shit if anything came of it, though.
(I'm just putting this out there because I don't actually know, and hope someone else knows the answer. Not attempting to be authoritative.)
He (or his lawyer) believes that talking about these documents could open him to criminal liability (whether he's guilty of anything or not), so he is choosing to remain silent.
Now, if other evidence is unearthed and Levandowski is indeed charged with a crime, and it made it to trial, that would be his time to enter in a plea of not guilty.
I'm addressing parent's concrete hypothetical -- where the person accused of theft is the ceo of the company.
> that would be his time to enter in a plea of not guilty.
I think I'm wrong here, actually :)
dragonwriter provides a compelling explanation, elsewhere in this thread, for why entering a "not guilty" plea is very different from stating "I'm not guilty" outside the context of entering a plea.