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.

A recent First Department decision reflects a continued post-pandemic trend of New York courts cracking down on delays in producing discovery materials—including by levying harsh penalties not sought ...

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 ...

On August 16, 2024, the Federal Trade Commission (FTC) filed a motion in limine in its challenge to Kroger’s $24.6 billion acquisition of Albertsons alleging that Albertsons executives intentionally ...