[dragonwriter]

> 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.

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.

[throwaway729]

My assumption is that intentionally copying IP onto a personal device and removing that device from the office -- regardless of any actual intent to use that data -- is still theft. Which would make the former employer's claims truthful.

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.

[mcbits]

I actually did something like this long ago (pre-2000) - emailed a set of detailed and very confidential sales spreadsheets to my personal email. It wasn't "theft" (and AFAIK nobody even noticed). It was so I could convert the spreadsheets to a proper Access database on my own time, since that's not what I was paid to do but it made my job a lot easier.

I would probably have been in a world of shit if anything came of it, though.

[throwaway729]

I've worked for employers who were 100% convinced this is theft, even without some intent to use that information, and even discussed very similar hypotehticals in on boarding.

[mcbits]

Right, that's why I mentioned how long ago this was because very few employers were as Orwellian about this stuff as they are today. Calling it theft was hyperbole then and is hyperbole today.

[kelnos]

I'm actually not sure it's theft. It might violate confidentiality agreements, and using those files outside the scope of the former employer might constitute unlawful use of trade secrets, but simply copying the files and bringing them home may not actually be a criminal act.

(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.)