IANAL but this is a civil suit so the standard is going to be a "preponderance of the evidence." Both Apple and Williams could have solid, equally valid argumen

IANAL but this is a civil suit so the standard is going to be a "preponderance of the evidence." Both Apple and Williams could have solid, equally valid arguments for their side and one small detail could tip the scales to either direction. Beyond demonstrating the basic facts of the case, Apple doesn't have to prove that Williams was 100% doing it on his own time, just muddy the waters enough for some other detail like using a company device or recruiting coworkers to put them over the top. That doesn't preclude the jury deciding in Apple's favor but then awarding them something symbolic like $1.