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.

In a patent infringement suit by Apple, Inc. against Samsung Electronics Co, LTD, Apple filed a motion for an adverse inference jury instruction based on Samsung's alleged spoliation—the failure to ...

This dispute concerned a non-compete agreement that the plaintiffs alleged the defendant breached by establishing a competing business. The defendant denied the existence of relevant texts and email ...

You’ve heard the adage, “If you’re innocent, stop acting guilty.” I just learned about “adverse inference” on the news. Per Wikipedia, adverse inference is “a legal inference, adverse to the concerned ...

In the case of Australian heavy transport and logistics insurer AEI Insurance Broking Group, a former employee accused of client solicitation claimed two phones — potentially holding key SMS and call ...

Almost a century ago, Justice Louis Brandeis recognized that “[s]ilence is often evidence of the most persuasive character.” Bilokumsky v. Tod, 263 U.S. 149, 153 (1923). In civil litigation that ...