Jed I. Bergman and Cynthia M. Jordano summarize the key principles courts generally apply in deciding whether to permit Fifth Amendment adverse inferences in civil suits against corporate defendants.

An issue that often arises at trial is what, if any, are the applicable rules where a party fails to call a witness with material knowledge of the case. In such a scenario, two issues arise: (1) ...

Mallory Hendry of Canadian Lawyer sat down with Ryan Marinacci, associate at the firm, to discuss the importance of adverse inferences in medical malpractice litigation. It is well-established that ...