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.

Big data is like the Atlantic Ocean; it’s huge and deep and full of power but we know that—whatever we have done so far—we have barely touched its potential. One example of tapping the potential of ...

A claim is "discovered" (and therefore the statutory limitation period ordinarily begins to run) when a plaintiff has actual or constructive knowledge of the material facts upon which a plausible ...