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 ...

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.