Arnold, Morris S., Judicature
Immensely useful Business and Commercial Litigation in Federal Courts, second edition, edited by Robert L. Haig. West/ABA. 2005. 8 volumes, one CD-ROM of forms and jury charges. $1,008.
I had occasion to remark in these pages eight years ago (May-June 1999), when the first edition of this masterly work appeared, that it was a significant contribution to modern legal literature. The new edition of this immensely useful and clearheaded collection is a most welcome and gready expanded version of its predecessor. This new version features 16 additional chapters and 47 new authors. It appears as well that all of the chapters that have been retained from the first edition have been revised, some more than others.
Robert L. Haig, a distinguished lawyer and partner at Kelley Drye & Warren in New York City, who himself has an extraordinarily broad acquaintance with litigation matters, has chosen the 199 authors of the 96 chapters in this work with exemplary care. The contributors include 18 members of the federal bench as well as scores of practitioners, all of whom were quite obviously selected for their expertise and hands-on experience.
A treatise as compendious as this one cannot be adequately described in the limited space that can conscionably be given over to a book review, but a few general comments will help convey the breadth of the work and the effort that has been made to ensure that it is entirely current.
The volumes first trace the progress of a typical federal case from start to finish. They thus begin with procedural matters and proceed logically, with various intermediate stops, to deal with pleading, discovery, motion practice, settlement, trial, judgment, and appeal. The authors then turn their attention to a discussion of various substantive legal areas, including (this is very much a non-exhaustive list) insurance, banking, intellectual property, employment discrimination, ERISA, and commercial law.
Several of the new chapters are devoted to the increasing logistical difficulties that lawyers face in complex federal litigation. These chapters cover such matters as how technology is changing litigation in federal courts, how lawyers can organize large-scale document reviews, and how corporate in-house counsel can manage their greater responsibilities after Congress passed the Sarbanes-Oxley Act in 2002. …