Deming E. Sherman, Esq.
Four years ago I reviewed the third edition of a unique eleven-volume tool for business litigators entitled Business and Commercial Litigation in Federal Courts published by the ABA Section of Litigation and Thomson Reuters (West). Recently, the fourth edition has been published, overseen again by Editor-in-Chief Robert L. Haig, Esq., a distinguished New York litigator. It is an impressive improvement on an already first-rate legal resource. Expanded to 14 volumes and 17,142 pages, 4,000 pages more than the previous edition, the fourth edition's 153 chapters (including 25 new chapters) reflect the growth of federal procedural and substantive law. The treatise offers a practical, soup to nuts, guide to all aspects of federal civil practice, from federal jurisdiction to appeals, from substantive areas such as environmental law to the law of employment discrimination, securities and business torts. The work does not replace such treatises as Moore's Federal Practice. Rather, it is a hybrid that is designed to aid the practitioner to litigate in the federal courts by combining a treatise on federal practice with summaries of substantive law common in federal litigation. Included with the set is a CD containing electronic forms of the pleadings and jury instructions that are set forth in the treatise and that may be copied and modified for pending cases. Mr. Haig supervised the contributions of 269 distinguished practitioners throughout the United States and 27 federal appellate, district, bankruptcy and state judges who authored (or co-authored) the 153 chapters. Authors include such recognizable litigators and judges as David Boies and Theodore Wells, and retired District Judge Shira Scheindlin. Many of the authors who wrote chapters in the previous editions carried over their work to this fourth edition, so there is both an expansion of previous work and a consistency of quality.
Most chapters have practice aids, such as checklists, model interrogatories and requests for production, and jury instructions. New chapters address a wide range of subjects, including social media, cross-border litigation, and marketing to potential business clients, health care institutions, and effective trial performance (written by a judge). The chapters that carry over from the prior edition cover key topics relating to business and...