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.

The Court of Appeals for the Federal Circuit has issued its long-awaited ruling concerning the state of US patent law with respect to determinations of wilful infringement. In an en banc decision in ...

The Court of Appeals last week determined that a trial court is not required to issue an adverse inference charge whenever the police could have, but failed to, electronically record an interrogation.

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 ...

The attorney-client privilege rests on a grand societal purpose — encouraging clients to safely share with their lawyers all the pertinent facts, so lawyers can guide them in a lawful direction. This ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

The plaintiff tripped and fell on a floor mat near the beverage area in the defendant’s store. After the incident, a store employee reviewed surveillance footage from the day of the incident, but was ...

As in many recent cases applying limits on relief contained in the Anti-Terrorism and Effective Death Penalty Act’s text (AEDPA, 28 U.S.C. §2254(d)(1)), Wednesday’s argument in White v. Woodall ...

House Democrats have brandished a legal concept to help speed through an impeachment inquiry and pin wrongdoing on the Trump administration — but the strategy might create weaknesses in their case ...