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 this chapter, we review and comment on several approaches for drawing inferences from incomplete data. A substantial literature on this topic has developed over the last 30 years, and the range of ...

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 ...