Toyota executives and lawyers hope they wake up one day in early January and no longer have to worry about Dimitrios Biller. He’s the former in-house lawyer who accused the company of discovery fraud. Now they’re adversaries in a bitter arbitration with a final hearing scheduled for Nov. 15 (and a ruling expected in early January).

At the heart of their battle are documents that Biller took when he left. Toyota claims they’re protected by attorney-client privilege. Biller argues that the crime-fraud exception has rendered them fair game. So far the arbitrator seems to be leaning Biller’s way.