The following excerpt is from Louis Vuitton Malletier S.A. v. LY USA, Inc., 676 F.3d 83 (2nd Cir. 2012):
18. These considerations are related. The compulsory production of books and papers does implicate the Fifth Amendment privilege. See Spevack v. Klein, 385 U.S. 511, 515, 87 S.Ct. 625, 17 L.Ed.2d 574 (1967). The defendants here do not argue, however, that they resisted document production because of the possibility of self-incrimination. Rather, their argument is a purely practical onethat the unavailability of these documents due to the parallel criminal proceeding was unduly prejudicial.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.