DAVID PAUL FRIEDMAN, KRISTEN L. ZAEHRINGER [*]
–Robert L. Haig, Editor-In-Chief, American Bar Association Section of Litigation & Thomson Reuters, 2016. 17,142 pages.
All commercial litigators can benefit from the newest edition of Business and commercial litigation in federal courts, a tremendous research tool published as a joint venture between the American Bar Association Section of Litigation and Thomson Reuters. This Fourth Edition provides both the seasoned federal practitioner and the junior associate with practical and thorough analyses of just about every procedural and substantive issue that arises in commercial cases while simultaneously offering strategic pointers from distinguished judges and federal litigators. Robert L. Haig’s treatise carefully dissects the anatomy of a federal case by discussing substantive and strategic concerns at every stage of the litigation process, such as: pre-suit analysis of federal claims; pleadings, discovery and motions; trials and appeals; and post-judgment enforcement mechanisms. It also highlights the ethical rules that are applicable at each stage. The Fourth Edition includes twenty-five brand new chapters, as well as significantly revised sections on substantive areas of the law that are routinely litigated in federal court (which are analyzed in seventy-eight chapters). Securities, antitrust, banking, contracts, insurance, sale of goods, intellectual property, professional liability, business torts, franchising, and remedies are just a few examples of the many subject areas covered in the treatise’s 153 chapters. This fourteen volume series is also accompanied by a Cd-ROM that provides useful and updated forms, checklists, templates, and jury instructions.
Regardless of whether a particular chapter is devoted to a substantive practice area or to a type of motion governed by the Federal Rules of Civil Procedure, the treatise is unique because it combines detailed explanations of the applicable substantive law along with checklists and practice pointers that emphasize tactical and procedural techniques. This hallmark of the Fourth Edition provides the busy litigator with an invaluable tool by supplying him or her with both scholarly explanations of developments in particular areas of the law and useful and practical advice on the procedural concerns relating to these substantive areas. Whereas other treatises tend to address either federal procedure or particular substantive topics, every chapter in the Fourth Edition includes comprehensive analyses of thorny legal issues juxtaposed with practical and straightforward checklists and accompanying notes with pragmatic “how to” tips. All litigators will find this useful and efficient. After reviewing a single chapter, the experienced practitioner can rest assured that he or she has received a complete review of new developments in this area of the law. Similarly, the junior associate will receive an excellent primer which sets forth both “the big picture” of the legal issues as well as numerous sample pleadings and discovery templates that explain “how” to approach the various stages of a case. Indeed, the Fourth Edition goes beyond merely...