(Excerpt)
The BCL is comprehensive, up-to-date, and very user-friendly. The practice aids, strategic considerations, checklists, and forms all make this set of books a  must-have  for every business litigator who is or will be going to federal court. Even as law libraries seem to be moving toward cutting book subscriptions, if one were to subscribe to only a single set of practice-based books, this should be it

James M. Wicks

English

St. John's University School of Law

St. John's Law Review Volume 88 Number 1 Volume 88, Spring 2014, Number 1 Article 6 October 2015 Business and Commercial Litigation in Federal Courts (3D ED.), Edited by Robert L. Haig James M. Wicks Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview  Part of the Commercial Law Commons, and the Litigation Commons Recommended Citation James M. Wicks (2014) "Business and Commercial Litigation in Federal Courts (3D ED.), Edited by Robert L. Haig," St. John's Law Review: Vol. 88 : No. 1 , Article 6. Available at: https://scholarship.law.stjohns.edu/lawreview/vol88/iss1/6 This Book Review is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact selbyc@stjohns.edu. BOOK REVIEWBUSINESS AND COMMERCIAL LITIGATIONIN FEDERAL COURTS (3D ED.)EDITED BY ROBERT L. HMGJAMES M. WICKS"Business and commercial" litigation not only encompassesmyriad substantive practice areas and diverse venues-federalcourt, state court, or one of many arbitration or mediationforums-but also harbors many procedural traps for the unwary.Finding the right navigational aid is not easy, but fortunately forthe federal court business litigator, Business and CommercialLitigation in Federal Courts (3d ed.) ("BCL")' is just the righttool. Fifteen years after its inception, and now in its ThirdEdition, this treatise is an essential element of every commerciallitigator's tool box. The BCL now boasts eleven volumes-eachfilled with sound advice, guidance, and step-by-step practical tipsin both substantive and procedural areas.2 With 130 chapters(thirty-four of which are new) and 251 prominent judges andpractitioners contributing,3 this treatise is a "must-have" foranyone involved in a business dispute in federal court-whetherpractitioner, judge, law clerk, or in-house counsel. The collectionof authors for each of the chapters is truly a "who's who" of thebench and bar today.In this electronic and digital age of research, where brick-and-mortar legal bookshelves are shrinking, one might ask thequestion, "Why do I need to subscribe to yet another multiple-volume practice treatise, that frankly takes up shelf space?" Theanswer is simple: The BCL is a quick, yet accurate,James M. Wicks is a member of Farrell Fritz, P.C., and a partner in theCommercial Litigation Group. He is also an Adjunct Professor at St. John'sUniversity School of Law, where he teaches civil pretrial advocacy.1 1 BUSINESS AND COMMERCIAL LITIGATION IN FEDERAL COURTS (Robert L.Haig ed., 3d ed. 2011).2 Id. at iii.3 Id. at iii-v.ST. JOHN'S LAW REVIEWcomprehensive, and up-to-date guide to virtually any substantiveor procedural issue that a business litigator might encounter infederal court. The volumes are so well-organized, and the indicesso "user friendly," that the reader is likely to have a morecomprehensive answer in a shorter time than online researchmight yield. The utility of this set is far different from mostexisting practice-based treatises.The BCL differs greatly from other practice guidebooks insignificant and useful ways. First, this treatise focuses onbusiness and commercial law.4 Not only do the substantivetopics cover the key areas of commercial disputes, but theauthorities cited throughout the chapters consist of relevant,current commercial case law.5  This approach enables acommercial litigator to become generally familiar with areas thatmay not be in his area of expertise, and is critically importantsimply to assist in identifying issues for clients.Furthermore, the BCL is very well-organized and easy tonavigate. Before launching into research of any substantivearea, it behooves the practitioner to start the process byreviewing the applicable chapter in the BCL. Both the table ofcontents and the indices are easily maneuvered to lead thereader to an area very quickly. Unlike the frustrating indices ofmany treatises, this one is instinctive and in no time points theuser to the proper section. Very little time will be spent trying tofigure out where in the treatise the answer is likely to be found.Once the reader finds the appropriate chapter, he eases intothe area through a concise "overview" and then into "strategies"and related considerations.6  The subheadings within eachchapter are good guideposts. Finally, there are useful "practicechecklists" for the practitioner to consider.7The BCL also covers many specific areas in detail. Indeed,the comprehensiveness of the BCL is aptly demonstrated byChapter 5, "Internal Investigations."' That chapter carefullydescribes the statutory and regulatory framework for, and thenprovides a "how-to" approach in, planning and conducting theId. at v.5 See id.6 See, e.g., id. §§ 1:1-1:3, at 4-7.7 See, e.g., id. § 1:85, at 96-97.s See generally id. §§ 5:1-5:65, at 414-94.[Vol. 88:143BUSINESS AND COMMERCIAL LITIGATIONinvestigation-pointing out traps for the unwary along the way.9This thorough explanation of the process will not only be of greathelp to those conducting an internal investigation, but will alsoenable those who may never conduct or oversee such aninvestigation personally to be able to understand and, ifnecessary, explain the process to a client.Chapter 10, a welcome new addition, compares commerciallitigation in federal and state courts, pointing out the keydifferences and suggesting many useful strategicconsiderations. 10 This chapter is invaluable in helping lawyersadvise clients faced with an important venue choice. Other newchapters provide good general guidance when criminal issuesarise from or relate to civil litigation." Understanding theinterplay between commercial litigation and criminalproceedings is also made easy in Chapter 113.12 Criticallyimportant to the civil litigator is how to navigate the minefieldwhen there is even a potential overlay with criminal proceedings.Working in tandem with a criminal lawyer will be made mucheasier with this reference.Arbitration is becoming more and more prevalent incommercial disputes. 13  Fortunately, the BCL has acomprehensive chapter dealing with all aspects of arbitration.1 4Whether seeking to enforce an arbitration agreement, modify,correct, or confirm an award, or whether in need of a provisionalremedy in aid of arbitration, Chapter 12 easily explains theissues and provides practical suggestions. 15 Even navigatinginternational arbitrations, including confirming foreign awards,is presented in an easy-to-understand way for those who do notgenerally have such experience. 16See generally id.10 See generally id. §§ 10:1-10:22, at 772-97." See id. at iv.12 10 BUSINESS AND COMMERCIAL LITIGATION IN FEDERAL COURTS §§ 113:1-113:29, at 757-807 (Robert L. Haig ed., 3d ed. 2011)."3 See AM. ARBITRATION ASS'N, COMMERCIAL ARBITRATION RULES ANDMEDIATION PROCEDURES 7 (2013), available at www.adr.org/aaa/ShowProperty?nodeld=/UCM/ADRSTG_004103&revision=latestreleased.14 See generally 1 BUSINESS AND COMMERCIAL LITIGATION IN FEDERALCOURTS, supra note 1, §§ 12:1-12:83, at 917-1021." See generally id.16 See id. §§ 12:67-12:79, at 1008-17.2014]ST. JOHN'S LAW REVIEWWhat more could one expect from a multiple-volume practicetreatise? How about downloadable forms in Word format fromthe accompanying CD-Rom? 7 Whether searching for the correctlanguage for an engagement letter, drafting document demandsor pleadings, or preparing a confidentiality stipulation or even alitigation budget for a client, practitioners are likely to findexcellent examples on the CD. 8 The language contained in theforms is based on current developments in the law, sopractitioners can use it with certainty.The BCL is comprehensive, up-to-date, and very user-friendly. The practice aids, strategic considerations, checklists,and forms all make this set of books a "must-have" for everybusiness litigator who is or will be going to federal court. Evenas law libraries seem to be moving toward cutting booksubscriptions, if one were to subscribe to only a single set ofpractice-based books, this should be it.7 Id. at vi.18 Id.[Vol. 88:143

Business and Commercial Litigation in Federal Courts (3D ED.), Edited by Robert L. Haig

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Business and Commercial Litigation in Federal Courts (3D ED.), Edited by Robert L. Haig

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