December 21, 2017
Sorting through when, how and to what extent a deponent in civil litigation may invoke the Fifth Amendment presents both substantive and procedural questions. In this article, we discuss the recent decision in Securities and Exchange Commission (SEC) v. Pence in which the court’s particularized analysis of the Fifth Amendment issues, as well as its procedural considerations, provide useful guidance for counsel whose clients seek to invoke or limit the invocation of the privilege in civil litigation.