4 ms·

seems that depends on the state https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/08/30/what-happens-if-you-take-the-fifth-in-a-civil-case-an-impor

• tyingq 10y ago
  Jurisdiction appears to be Federal for this case.
• bradleyjg 10y ago
  According to that link federal courts defer to state law rules on the issue for causes of action that sound in state law but not for those that are grounded in federal law. Google's complaint (https://drive.google.com/file/d/0B7dzPLynxaXuQjY3dkllZ2ZKb0k/view https://drive.google.com/file/d/0B7dzPLynxaXuQjY3dkllZ2ZKb0k...) has two CA claims and four federal ones. The main trade secret claims are one of each. Again, according to that link, if evidence is relevant to both federal and state claims, the federal rule controls. So in this case I expect the federal negative inference rule to prevail.