[BikerNYC]

She can invoke the Fifth Amendment. No question about it. There is still the potential of an insider trading case that could be brought against her and she could invoke her Right in any context because of it.

But there would be consequences of doing so in a civil courtroom. One consequence would be that the judge would tell the jury that they could infer that anything Martha would have testified to would completely contradict her position at the trial. That "negative inference" is devastating and is the reason most people in her position choose to testify in civil trials. But, she would still have the right to invoke, if she wanted to and risk losing the civil trial.

[Badeye]

"She can invoke the Fifth Amendment. No question about it."

Sorry, she can refuse to testify and be found in contempt of the court. But she cannot claim Fifth Amendment protection in a Civil Trial.

Which is why the insider trading charges are being pursued in Civil Court, btw.