By Paul Chan and Fanxi Wang ( January 7, 2019, 2:20 PM EST) -- The existence of a criminal investigation arising out of the same set of facts as a civil case presents both opportunities and challenges for attorneys representing the civil litigants. A civil defendant implicated in the criminal investigation will face the difficult choice of either defending the civil case on the merits and waiving the Fifth Amendment right against self-incrimination, or invoking and standing behind the privilege, at the cost of hobbling the defense of the civil case....
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