Book Review, 0313 ALBJ, 74 The Alabama Lawyer 122 (2013)

AuthorRobert L. Haig, editor-in-chief


Vol. 74 No. 2 Pg. 122

Alabama Bar Lawyer

March 2013


\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0 Robert L. Haig, editor-in-chief

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Published by Thomson Reuters and the ABA Section of Litigation (2011)

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Reviewed by W. Percy Badham, III and Brannon J. Buck

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Treatise Review

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Any lawyer who represents a client in a business dispute in federal court will find Business and Commercial Litigation in Federal Courts to be a remarkable resource. The 3rd Edition is the first comprehensive revision of the treatise since 2005, and it offers significantly more substance and practice tools than the 2nd Edition.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0With 11 volumes, 130 chapters and 12, 742 pages, Business and Commercial Litigation (3rd) provides in-depth analysis of every aspect of commercial trial practice, from case evaluation and investigations all the way through appeals. In addition to this step-by-step practice guide (which includes strategy pointers for both plaintiffs and defense counsel), the treatise contains 63 substantive law chapters addressing subjects such as securities, antitrust, banking, intellectual property, arbitration, admiralty and maritime law, derivative actions, ERISA, RICO, white collar crime, environmental claims, class actions and many others. The treatise is chocked full of annotations to primary authorities that will jump-start, if not completely address, virtually any research project.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0One example of the utility of Business and Commercial Litigation can be found in Chapter 20 which deals with stockholder derivative actions. Addressing a confusing and often misunderstood area of the law, the treatise walks the practitioner through the nuts and bolts of derivative actions, starting with a succinct explanation of the difference between a derivative action and a direct action by a stockholder. It then addresses the demand/futility requirements and lays out strategic considerations for plaintiffs and defense counsel. The...

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