Can a foreign national on foreign soil invoke the Fifth Amendment in a civil case? Lawyers expect a ruling this week on that matter -- part of a securities class action against Oracle and Larry Ellison that took a strange twist when Lerach Coughlin plaintiffs lawyers tried to get testimony and notes from an Economist editor. Potentially on the hook for destroying evidence, Matthew Symonds refused to cooperate, invoking his right against self-incrimination when lawyers came to London to depose him.
May 23, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The question of whether a foreign national on foreign soil can invoke the Fifth Amendment in a civil case is apparently a tough one to get your head around.
“I have spent the last two nights until 11 o’clock reading these cases,” U.S. District Judge Martin Jenkins — known as one of the brainier members of the San Francisco federal bench — told lawyers at a May 11 hearing in a shareholders case against Oracle and its CEO, Larry Ellison.
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