Toyota's victory

Toyota wins ruling against former in-house attorney Dimitrios Biller

Toyota's long-running battle with former in-house lawyer Dimitrios Biller appears to be over, and the automaker won a complete victory.

Arbitrator Gary Taylor granted the the company's motion for summary judgment in dismissing Biller's RICO claims, and ruled against Biller's claims of defamation, fraud, and false promises.

Taylor also ruled in favor of the in-house lawyers Biller included in his lawsuit, finding "no evidentiary basis for [Biller's] having joined these individuals as parties," the final award said.

The arbitrator found Biller liable for breach of contract, citing "multiple instances of unauthorized disclosure" of the company's confidential information. These disclosures took the form of postings on Biller's web site, his public seminars, his discussions with the media, and his delivery of thousands of documents to a Texas court "without a request, subpoena or legal compulsion," Taylor added.

The harm Toyota suffered as a result, Taylor noted, "is real and it is extensive."

The arbitrator awarded the company $2.5 million for the unauthorized disclosures, and $100,000 in punitive damages. He also entered a permanent injunction instructing Biller to return the confidential documents he took from Toyota and prohibiting him from future disclosures of confidential information.

In a press release posted on the web site of Toyota Motor Sales U.S.A., Inc., general counsel Christopher Reynolds said: "We are gratified that the credibility of Toyota's legal organization and the integrity of our legal professionals have been validated. We believe that the arbitrator's award clearly vindicates Toyota's position and reaffirms the critical importance of attorney-client privilege as a cornerstone of our legal system.

"Throughout this process, Mr. Biller has continuously made misleading and inaccurate allegations about Toyota's conduct, and we feel this award is an appropriate consequence of his actions and completely discredits his meritless attacks on our company and our people."

Biller did not immediately respond to a request for comment.

(Published by Law.com - January 6, 2011)

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