30 | September/October 2022 | BAEC Bulletin
BOOK REVIEW: Business and Commercial Litigation in Federal Courts, 5 th Edition BY HUGH M. RUSS, III
One of the lasting sequelae of the Pandemic, like long COVID, at least in my judgement, is the dramatic limitation, if not outright elimination, of those informal, spontaneous office conversations — frequently over a cup of coffee or a sandwich — in which a less experienced colleague asks a more experienced colleague for some advice on how to handle a case. We remain largely, if not fully, remote. These conversations — so necessary to the development of a lawyer — need to resume. Until they do — and probably even after they do — we should turn to Robert L. Haig’s Business and Commercial Litigation in Federal Courts (fifth edition). Last summer, I had the opportunity to review Haig’s Commercial Litigation in New York State Courts, the new treatise’s New York state sourt cousin. At the time, I wrote: I found the same approach in each chapter: Explain the basics of the subject area, provide strategic advice from both plaintiff and defense perspectives, and refer to the leading authorities. In this critical respect [I found the treatise to] covey both the science and the art of New York commercial law.
guidance from anyone else. To achieve this goal, our authors have provided examples, both real and hypothetical, to illustrate their recommendations. They have described specific applications. They have also included alternative strategies, and the factors that would dictate the utilization of alternative strategies. For contrast, they have given examples of failed approaches and have explained the problems and pitfalls. Haig, supra, volume one at page VII. This approach works even better than a Zoom call. I confess that I didn’t review all 18 volumes, but I did review several carefully. After I lost a trial (badly) before Judge Wolford in May, I consulted the chapter on Federal Rule of Civil Procedure 50 and post-trial motions. Not only did the treatise provide me with citations to cases which supported the arguments I wanted to advance, but also the advice rendered helped me to formulate and refine those arguments. Haig made my brief better, and my motion stronger. This is my thirty-sixth year practicing law, and I still have much to learn. Business and Commercial Litigation in Federal Courts is an invaluable resource, one that I will keep close. And so, if you can’t get a cup of coffee to pick that old guy’s brain, get access to this publication. The volumes will not replace your spontaneous work conversations. But they may be the next best thing. •
BAEC Bulletin, spring, 2021.
Given that this fifth edition of Business and Commercial Litigation in Federal Courts has 373 principal authors, 18 volumes, ___ chapters, and various tables and indexes, I mistakenly believed that Haig could not possibly duplicate this performance. But he does, magnificently. The federal practice guide functions as a step-by-step road map that covers every conceivable aspect of a commercial case in federal court, from the assessment and investigation that occur at the inception, through pleadings, discovery, motions, trial, appeal, and enforcement of judgment. Each chapter places great emphasis on the strategic considerations unique to commercial cases. The treatise is written for actual practitioners, rather than for “legal scholars.” In other words, it is extremely user-friendly. It provides practical advice to be used in real cases.
HUGH M. RUSS, III Partner, Hodgson Russ LLP Dean, Erie Institute of Law Chair, BAEC CLE Advisory Committee
The treatise explains its practical approach in the forward:
It is our intention that this publication serve as a blueprint for implementation by the reader. One of our goals is to provide commercial litigators with enough information so they can do almost everything they need to without further
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