Nothing since has gone quite the way Toyota had planned. The company may prevail, but it’s been a very bumpy ride so far.
In July 2009 Biller countersued in Los Angeles federal district court. His new complaint made the earlier unfiled draft look like a thank-you note. It alleged that TMS was a criminal enterprise and that Biller was hired to further it. He argued that he was wrongfully constructively discharged at a time when he was not competent (as a result of his psychiatric condition), and that the confidentiality clause of the severance agreement was “illegal and against public policy.” Furthermore, Toyota’s assertion of privilege, he said, was trumped by the crime-fraud exception. As for his Web site, he countered that much of the information that Toyota objected to was either already in the public domain or referred to in Reynolds’ recommendation. The complaint also commingled information he received from Toyota with information he brought to it, like negotiation strategies that were “my work product,” he said.
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