It sounds like, in this case, Apple has hard proof that documents were stolen.
Honest question: Are there countries where this is not the case? I'd be interested to read more about how that manage that. If it's some sort of "protecting the little guy"-type thing or a general suppression of legal costs. Or maybe I'm reading too much into your comment.
The insurance doesn’t mind fighting for you because they will get paid by the company making the frivolous suit. You don’t pay much, 10$/month.
Although in this particular case, you wouldn’t even need that, since either you took the documents and that is criminal fraud prosecuted by the state or you didn’t take the documents and then the company would be in hella trouble if they perjured themselves to the public prosecutor claiming you did.
So if you have been wrongly accused, that may cost you nothing.
In every other country, the loser pays the winner's legal fees.
Unless your friend happens to actually be a legally licensed lawyer.
Sue someone who can spend millions of pounds (for the sake of argument) on defence? Better be certain you can win... against someone who can spend millions of pounds, and probably went to the same public school as the judge.
In America, legal fees can be awarded as additional damages. We should do it more than we do. But given those two options? I'm on Team American Rule, 100%
Honestly, the proof is the least surprising part -- Apple's been paranoid about leaks for decades, even when the stakes have been lower.
I believe some articles mentioned about employees bragging to their former colleagues about accessing documents. Also I believe they lied to Apple about being employed elsewhere so they can continue using their access and hardware, etc.
If these are correct, the whole OpenAI playbook is very dirty, and I won't pity them a bit.
So if I'm a former Apple employee and I get one of these scary letters, I'm asking my attorney if I could get out of a lawsuit by sharing any information I have about any potential OpenAI shady practices.
You talk to a lawyer and do what they say, not what Apple demands of you. No one but a judge can demand anything of you.
At this point, the assumption would be that they are a non-party witness.
So, beyond not destroying any potential evidence, you might as well tell them to shove it.
The lawyers told us ahead of time we'd be getting the letters. They told us what we needed to preserve and what we could comfortably trash. There was never any follow-up or specific requests for what I had on my machines. That was that.
The idea that getting a legal request is scary is silly. We were employees getting employee guidance from our employer on what to do at every step of the way. We weren't individuals fending for ourselves, wondering about getting something wrong, being taken in for questioning. We were doing what we always do, work hard and listen to the company lawyers if they have something to say.
Isn’t that precisely what being late to the party means? You should have showed earlier?
Also Apple could have filed the litigation right before the IPO and after a IPO announcement. OpenAI doesn't get to decide when Apple sues them.