The Atlanta Lawyer - Official Publication of the Atlanta Bar Association Nov | Page 18

bOOK rEVIEW

Business and Commercial Litigation in Federal Courts
(Third Edition)
By Rita A. Sheffey
Hunton & Williams LLP

S

ix years ago, Jeffrey O. Bramlett (Atlanta Bar
President 2000-2001) and John Rains reviewed
the Second Edition of Business and Commercial
Litigation in Federal Courts (The Atlanta Lawyer, September
2007, pg 4), describing it as containing a “wealth of practical
scholarship and sage advice on how to prosecute and to
defend business claims in federal court” and “offer[ing] a rich,
dense stew of high-value information.” The Third Edition,
also edited by Robert L. Haig, offers updated and expanded
treatment of the 96 chapters in the Second Edition, as
well as 34 new chapters addressing subjects of interest to
commercial litigators today. Suffice it to say that the 251
principal authors and Mr. Haig have made a great resource
even better.
This treatise is remarkable not only in the depth and scope of
substantive and procedural material covered, but also in the
credentials of the 251 principal authors. Perhaps its greatest
benefit is in merging substantive information with practical tips
from such experienced practitioners and judges. Whether
new or seasoned trial lawyer or counsel for a plaintiff or a
defendant, there is something for everyone. The Third Edition
succeeds in its mission to serve as “a step-by-step practice
guide that covers every aspect of a commercial case, from
the assessment that takes place at the inception, through
pleadings, discovery, motions, trial, and appeal.” Of particular
value is the emphasis placed on considerations of strategy.
This treatise is useful not only for finding a quick answer, but
also for more intensive research. It also triggers new ways
of looking at issues.
To facilitate further research, many chapters contain
references to West’s Key Number Digest, the A.L.R. Library,
legal encyclopedias such as Am. Jur. 2d and C.J.S., other
treatises, compilations of forms, and numerous law reviews.
The CD-ROM contains many of the jury instructions, forms,
and checklists that are included in the hardcover volumes.
The forms and checklists alone are invaluable. The special,
practical features, including in depth text on law and procedure,
sections on strategy and client counseling, procedural and
practice checklists, checklists of essential allegations and
defenses, checklists of sources of proof of allegations and
defenses, essential forms and jury charges, and numerous

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THE ATLANTA LAWYER

November 2013

cross-references,
likely will be
among the most
useful sections to
everyone.
In all, there are 63
substantive law
chapters that cover
subjects commonly
encountered
in commercial
cases, including:
securities, antitrust,
banking, contracts,
insurance, sale of
goods, intellectual property, professional liability, business
torts, and franchising, among others. The 34 new chapters
are: Internal Investigations; Comparison with Commercial
Litigation in State Courts; Coordination of Litigation in
State and Federal Courts; International Arbitration; Crisis
Management; Pro Bono; Regulatory Litigation with the
SEC; Derivatives; Commodities and Futures; Medical
Malpractice; Re-insurance; Consumer Protection; Licensing;
Occupational Safety and Health Claims; Immigration;
Executive Compensation; Food and Drug; Privacy and
Security; Prior Restraint on Speech; Federal Claims Based
on Land Use Regulation; White Collar Crime; Interplay
Between Commercial Litigation and Criminal Proceedings;
Money Laundering; Foreign Corrupt Practices Act; Export
Controls; Alien Tort Statue and Torture Victim Protection
Act; False Claims Act; Administrative Agencies; Government
Contracts; Tax; Project Finance and Infrastructure; Sports;
Entertainment; and information Technology.
I was surprised, but delighted, to see a chapter focused on
Pro Bono (Chapter 64). Clearly, pro bono is an area that most
major law firms, as well as many other law firms and lawyers
are actively engaged in today, recognizing the importance
of ensuring access to justice to everyone regardless of their
means. This chapter covers a variety of important topics
from preliminary considerations involving strategy, client
expectations, the relationship between the private lawyer

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