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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.By Michael Nammer
Invoking the Fifth Amendment privilege is not just for scenes from Law & Order or Better Call Saul . These days commercial cases, especially those involving individual defendants, are commonly filled with claims that have criminal overtones–like fraud and trade secret theft. With an upswing in criminal prosecutions for financial fraud and trade secret theft, many commercial litigators are seeing more and more overlap between commercial causes of action and criminal prosecutions. When it comes to identifying Fifth Amendment issues for your client, commercial litigators can’t be asleep at the wheel.To help, here are the top ten things that every commercial litigator must know about the Fifth Amendment.