More on the former Toyota lawyer & his cache of documents: " The former in-house lawyer at Toyota Motor Sales, U.S.A., Inc. whose claims against his former employer were directed by a federal judge into arbitration last November, is expecting a ruling that is likely to have broad implications for him, and possibly for scores of plaintiffs who have sued Toyota." ....... "If he rules in Biller's favor, the lawyer will not only feel vindicated, he may become an important witness in the many lawsuits the company faces. What's more, the ruling would presumably mean that the judge agrees that the confidential documents Biller kept when he left Toyota prove, as he says they do, that Toyota withheld information it was obliged to produce during litigation -- an assertion that the automaker has hotly disputed. A victory may also make it impossible for Toyota to prevent plaintiffs lawyers, who have been clamoring for the documents, from getting them." Full article at: Law.com - Former Toyota Lawyer Awaits Key Ruling
It will be interesting to see what happens. If Mr. Biller has any SUA documents they were stolen, since he didn't work on any SUA claims while working for Toyota. If I were on a jury, I would have problems with any testimony from him, given his diagnosed mental illness(es) and dyslexia (from his lawsuit against his next employer- the LA DA's office- after 9 weeks!), and that if information was withheld in lawsuits, it would have been by him. Absent some corporate policy statement saying that they know its the electronics causing SUA but plan to deny it (even though that would seem easy to fix)... well, I don't think the lawyers plan to go before a jury anyway. Legal extortion, plain and simple. Beyond that, I can't imagine Toyota giving him access to anything very important from a technical standpoint.
It depends on what the documents state. At least two people indicate that they've seen the documents and they're worthless. Even if the judge does agree to release them they may indicate nothing. He may agree to release them simply because they are worthless.
When it comes to things that would likely be created in anticipation of litigation, courts look favorably at making them not discoverable. Otherwise, how else could the adversary (plaintiff or defendant) ever prep their case?