Jung Chul Park v. Cangen Corp.

This case involves the privilege against compelled self-incrimination, based on the command of the Fifth Amendment that “[n]o person ... shall be compelled in any criminal case to be a witness against himself----” U.S. Const, amend. V. We are asked to determine whether a former employee of a corporation is entitled to invoke the privilege in response to a *509subpoena duces tecum commanding him to produce corporate documents. We hold, by application of the “collective entity doctrine,” see, e.g., Braswell v. United States, 487 U.S. 99, 104-05, 108 S.Ct. 2284, 101 L.Ed.2d 98 (1988), that the…