Oliver North and Mark McGwire are notable examples of people who asserted their Fifth Amendment right against self-incrimination by refusing to answer questions. Now, trade secret litigation between Google’s self-driving car division and Uber has a new twist. Anthony Levandowski is asserting the Fifth to avoid producing 14,000 trade secret documents he allegedly stole from Waymo.
Is this a trend and is it strategically smart? Or will it backfire by providing plaintiffs with an evidentiary hammer when the case is decided by the judge or jury. History is not on Uber’s side.