It was long believed by many that if a defendant in a domestic violence hearing plead the 5th Amendment (i.e. chose not to testify on the grounds that it might incriminate him/herself), that the court ...

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.

When an individual invokes her Fifth Amendment right against self-incrimination—i.e. "Take the Fifth"—during a criminal proceeding, it is well-settled that her silence cannot be used against her. But, ...

On April 7, 2017, the United States Court of Appeals for the First Circuit affirmed the dismissal of a putative securities fraud class action against the biopharmaceutical developer Zafgen, Inc.