The following excerpt is from Louis Vuitton Malletier S.A. v. LY USA, Inc., Docket No. 08-4483-cv, Docket No. 08-4525-cv, Docket No. 08-4528-cv, Docket No. 08-5108-cv, Docket No. 08-5273-cv, Docket No. 08-5290-cv (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 (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 one -- that the unavailability of these documents due to the parallel criminal proceeding was unduly prejudicial.
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