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Book Review Richard E. Smith Business and Commercial Litigation in Federal Courts, 3rd Edition by omson Reuters and the ABA Section of Litigation; Robert L. Haig, Editor-in-Chief Rarely does a sequel, outside of e Godfather, Part II, outperform the original. Robert L. Haig’s work on Business and Commercial Litigation in Federal Courts, 3rd Edition, is another exception to the rule. In this highly detailed work, Haig has created one of the best, most dynamic, and user friendly reference works on civil federal court litigation on the market today. Haig, a partner with the New York law †rm of Kelley Drye, gathered writings by 22 federal judges and some of the best known business and commercial litigators in the country in compiling 130 chapters on just about every subject imaginable for litigators practicing in federal courts. irty-four of these chapters are new in this third edition, and cover some of the most important new issues facing litigators in recent years. ese new chapters include: Internal Investigations; Coordinating Litigation in State and Federal Courts; International Arbitration; Crisis Management; Regulatory Litigation with the Securities and Exchange Commission; Derivatives; Medical Malpractice; Reinsurance; Immigration; Food and Drug Litigation; White Collar Crime; Money Laundering; Foreign Corrupt Practices Act; False Claims Act; Government Contracts; and Information Technology. It would be impractical to try to cover the entire scope and content of this massive volume of work. Su–ce it to say that an owner of this work will have in hand the answer to almost any question on pleading, procedure, trials, and appeals that could ever come to mind. Among the many distinguished authors of this series are our own Bar Association’s N. Lee Cooper and his partner, Scott S. Brown. Both of them are partners with the Maynard, Cooper & Gale law †rm. ey co-authored Chapter 28 of the volumes, entitled “Selection of Experts, Expert Disclosure and the Pre-Trial Exclusion of Expert Testimony.” I was pleased to see that Mr. Haig recognized their talents and incorporated their work in this edition. e treatise provides an exceptional guide to handling civil cases in federal courts, starting with investigations, client conferences, initial pleadings, discovery, motion practice, trial preparations, trial strategies, jury charges, appeals, and postjudgment actions. ere are also helpful suggestions in dealing with di–cult clients in the way of client counseling and guidance. e third edition adds multiple check lists for pleading the right claims and defenses in complaints and answers. ere are numerous checklists of what to prove to support your allegations and defenses. I also found the authors’ comments extremely informative on their thoughts as to the most appropriate course of action to take when there are various competing options to consider. While the eleven volumes covering over 12,000 pages of information may seem daunting, the third edition features an easy to use, separate index containing tables of all of the forms, checklists, jury instructions, laws, and cases cited in the treatise. is makes using the treatise simple and eœective for a litigator looking for quick answers whether in the middle of a trial or just trying to answer a quick question from an in-house counsel. Even more impressive to us “oldtimers” is the treatise’s use of the A.L.R. Library, West Key Number Digest cites, Am. Jur., C.J.S., and numerous law review articles and other legal publications. While these treatises may be lost on some of the newer ones to our profession, I can assure you that anyone practicing more than about 20 years will be familiar with each of those treatises listed above. Each set of books comes with a CDROM containing all of the checklists, forms, and jury instructions that are included in the written volumes. G Contributor Richard E. Smith 22 Birmingham Bar Association


Bulletin Summer 2013
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