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Business and Commercial Litigation in Federal Courts Table of Contents Business and Commercial Litigation in Federal Courts
Summary This six volume work, a joint project of West Group and the ABA Section of Litigation, (all royalties go to the ABA), written by 152 of the best attorneys and judges in the United States, gives the commercial litigator all in one package everything he or she needs to know about handling every aspect of a commercial case from the assessment that takes place at the very inception, through the pleading and discovery stages, through motions, trial, post trial and appeal. The set provides comprehensive discussion of each procedural step in the lawsuit with emphasis on strategic considerations that are specific to commercial cases as well as a complete explication of the rules and requirements. Sample forms are provided as well as procedural checklists for quick references. Eight chapters describe expert and insightful techniques for winning commercial trials. The trial materials are followed by in depth coverage of appellate practice. This unique publication also contains comprehensive textual treatment of the 28 substantive areas of law that commercial litigators are most likely to encounter, including extensive case citations, checklists, forms and jury charges. Covered as well are compensatory and punitive damages as well as other remedies. The set also includes two Word Perfect disks containing 349 litigation forms and 319 jury instructions. The set was designed to accompany Wright & Miller and includes thousands of references to Wright & Miller as well as Key Numbers. Press Release Information
CHICAGO, October 5, 1998 -- The ABA and West Group have announced the joint publication of an unprecedented six volume work entitled Business and Commercial Litigation in Federal Courts. The volumes were written by distinguished federal judges and an array of lawyers practicing in U.S. federal courts. Robert L. Haig of New York City served as Editor-in-Chief. A select group of highly experienced lawyers and judges was invited to author chapters. More than 700 volunteered. As many as 122 offered to write a single chapter and 50-75 volunteered for many of the others. As a result, this publication is a unique collection of insights and advice about the dynamics of commercial litigation and how to apply expert lawyering skills and techniques to the specific case at hand to achieve client objectives. Business and Commercial Litigation in Federal Courts is a treatise, litigation and drafting guide covering all phases of a commercial lawsuit in federal courts, from inception through trial to enforcement of judgment. The set proceeds chronologically through the lawsuit, offering discussion of procedure, legal principles, practical advice and strategy specifically pertaining to commercial litigation. The volumes also contain chapters on 28 of the most common types of commercial litigation in federal courts, such as securities, antitrust, intellectual property, product liability, letters of credit, sale of goods, professional liability, franchising, contracts and employment discrimination, including both substantive law and litigation strategy in those types of actions. Each chapter is practice-oriented and contains checklists, practice pointers, narrative discussion of liability, defenses, and damages, as well as case summaries, forms, jury charges, and other features that will make the information more accessible to the reader. Also included are comprehensive chapters on compensatory and punitive damages, specific performance and rescission, provisional remedies, sanctions, costs and disbursements, and court-awarded attorneys' fees. Thousands of statutes and rules and 17,299 cases are cited. There is in depth treatment of discovery, including chapters on discovery strategy and privileges, depositions, requests for production of documents, requests for admissions, and interrogatories as well as on motion practice. Additional chapters cover settlement techniques, ADR and the enforceability of arbitration clauses in contracts. Eight trial chapters cover each stage of the trial plus evidence, use of expert witnesses, and jury conduct, instructions and verdicts. Following the trial chapters are detailed chapters on appeals to the Courts of Appeals and the United States Supreme Court. "This set gives advice from the top litigators from the top firms in the United States and distinguished federal judges, three former presidents of the ABA, six former chairs of the Section of Litigation and the current chair, as well as former statesmen such as Warren Christopher and Benjamin R. Civiletti," explains Editor-in-Chief Robert L. Haig. Business and Commercial Litigation in Federal Courts contains approximately 6,700 pages, with 349 forms and 319 jury charges included in print and on accompanying WordPerfect diskettes. The set price is $480; ABA members receive a 15 percent discount. To order call 1-800-328-9352. Fact Sheet Everything you need to know, from 152 stellar experts. This six volume work provides commercial litigators with an all-in-one comprehensive discussion of procedural rules and substantive law as well as strategies for implementation. It enables you to handle a wider range of cases, achieve your litigation objectives and manage cases more efficiently. The expertise of top litigators and distinguished judges throughout the United States is shared in this extraordinary resource. This 80-chapter set contains:
Editor-in-Chief: Robert L. Haig, a partner in Kelley Drye & Warren LLP, is Co-Chair of the Commercial Courts Task Force appointed by New York's Chief Judge to create the Commercial Division of the New York State Supreme Court. Business and Commercial Litigation in Federal Courts is a joint project of West Group and the ABA Section of Litigation. Six hardbound volumes with WordPerfect forms/ jury charges disks, published 1998. Thank you for your interest in Business and Commercial Litigation in Federal Courts Chapter Titles and AuthorsBusiness and Commercial Litigation in Federal Courts Editor-in-Chief Subject Matter Jurisdiction Personal Jurisdiction and Service Venue, Forum Selection and Transfer Investigation of the Case The Complaint Responses to Complaints Third-Party Practice Removal to Federal Court Arbitration vs. Litigation: Joinder, Consolidation, and Severance Multidistrict Litigation Issue and Claim Preclusion Provisional Remedies Parties Class Actions Derivative Actions by Stockholders Litigating International Disputes in Federal
Courts Discovery Strategy and Privileges Depositions Document Discovery Interrogatories Requests for Admissions Selection of Experts, Expert Disclosure and the Pretrial
Exclusion of Expert Testimony Motion Practice Summary Judgment Magistrate Judges and Special Masters Scheduling and Pretrial Conferences and Orders Settlements Jury Selection Motions In Limine Trials Opening Statements Presentation of the Case in Chief Cross-Examination Expert Witnesses Evidence Final Arguments in Jury and Bench Trials Jury Conduct, Instructions and Verdicts Compensatory Damages Punitive Damages Specific Performance and Rescission Alternative Dispute Resolution Trial and Post-Trial Motions Judgments Bankruptcy Code Impact on Civil Litigation in the Federal
Courts Court-Awarded Attorneys' Fees Costs and Disbursements Sanctions Appeals to the Courts of Appeals Appeals to the Supreme Court Enforcement of Judgments Ethical Issues in Commercial Cases Antitrust Securities Professional Liability Admiralty Contracts Insurance Banking Letters of Credit Collections Communications Patents Trademark Copyright Labor Law Employment Discrimination ERISA RICO Products Liability Agency Warranties Theft or Loss of Business Opportunities Sale of Goods Bills and Notes Torts of Competition Franchising Construction Energy Environmental Claims
Features and Benefits F: Comprehensive coverage in 80 chapters (6,690 pages) of pre-trial and appellate practice and procedures as they are implemented in commercial actions, commercial trial advocacy, substantive law on a wide variety of commercial subjects, plus litigation forms and jury charges (in print and on WordPerfect disks). B: Find all the answers in one convenient publication, designed for accessibility. Saves time and money by eliminating the need to buy or research in several different publications. F: Written by a hand picked team of 152 of the most well respected commercial litigators and federal judges. B: Readers gain the benefit of the expertise and perspective of seasoned litigators to assist them in selecting the best of alternative courses of action and in selecting the best means for achieving their objectives. The set is practice oriented and strategic advice relevant to commercial litigation in general and to specific kinds of commercial actions runs throughout the entire set. F: In depth textual treatment of the FRCP, court rules and case law governing each stage of a law suit. B: Authoritative, detailed discussion of the procedural rules and requirements explains each step that must be taken and avoids error or oversight. F: Discussion of procedural rules and requirements of pleadings as well as litigation risk analysis and an insightful discussion of strategies which govern the many responses and options available to a lawyer from point of retention. B: Enhance the likelihood of an early favorable disposition of the case by making strategic moves that put your best foot forward. Procedural Checklists for quick reference; forms on disk save drafting time. F: Extensive treatment of discovery including separate chapters on procedures and strategies concerning depositions, document discovery, requests for admissions, interrogatories and an overview chapter explaining how to create a coordinated discovery plan as well as protecting privileged information from disclosure. B: The vast majority of commercial litigations are settled before trial, often as the result of information that is revealed in discovery. Learn effective use of discovery devices to the advantage or protection of your client. F: Examination of the statutes, rules and doctrines governing removal from state to federal court including the discussion of reasons to remove and strategies for defeating removal, with checklists and forms. B: You can make a reasoned analysis of the advantages of each forum and increase the likelihood that your actions, rather than your opponents will determine where the suit is tried. F: Individual chapters on provisional remedies, rescission and specific performance as well as punitive damages and compensatory damages including discussion of practical considerations, strategy and forms. B: Helps insure that all available remedies are taken into consideration in prosecuting or defending actions and are sought or resisted in the most effective manner. F: Settlement strategy including suggestions for successful negotiating and for reducing the agreement to writing including contractual language in print and on disk. B: Position your case so that it can be settled for the right amount at the right time; facilitates drafting of an agreement that will conclude the dispute and that is quickly and easily enforceable. F: Only complete exposition on the trial of a commercial case including jury selection, opening statements, presentation of the case in chief, cross examination, final argument, jury charges as well as in depth discussion of admissibility of evidence in commercial cases. B: There are many significant differences between the trial of a commercial case and other types of cases. Learn to formulate an effective trial game plan, to develop themes, to focus the trier of fact's attention on key issues, prepare and present expert and lay witnesses so that their testimony is understandable and convincing and enhance your ability to influence and persuade. F: Chapter on Appeals to the Courts of Appeals and chapter on Appeals to the Supreme Court written by renowned appellate advocates. B: Authoritative discussion of statutes and court rules with checklists and extensive forms in print and on disk saves time and ensures against any missteps in taking and perfecting appeals and in oral argument. F: 28 Substantive law chapters covering Antitrust, Securities, Professional Liability, Admiralty, Contracts, Insurance, Banking, Letters of Credit, Collections, Communications, Patents, Trademark, Copyright, Labor Law, Employment Discrimination, ERISA, RICO, Products Liability, Agency, Warranties, Theft or Loss of Business Opportunities, Sale of Goods, Bills and Notes, Torts of Competition, Franchising, Construction, Energy, Environmental Claims as well as a chapter on Bankruptcy Code Impact on Litigation in the Federal Courts. Each chapter contains a discussion of preliminary strategy, extensive discussion of liability, defenses and damages with extensive citation to authority. B: Have at you fingertips substantive information on the most commonly encountered areas of commercial litigation. 17,299 cases cited saves hours of research time and the expense of buying multiple publications. F: Each of the 28 substantive chapters contains checklists of essential allegations and defenses (with cross references into the text for more extensive discussion), checklists of sources of proof of essential allegations and defenses, forms and jury charges, in print and on disks. B: Fast answers to help you quickly assess your case and guide your discovery. Save time in preparing and responding to pleadings and in preparing jury charges. F: 349 litigation forms and other forms such as settlement agreements, arbitration agreements, client letters, etc. as well as 319 jury charges on all substantive areas covered. These forms and jury charges are provided in print and on complimentary WordPerfect disks. B: Save drafting time and expense and insure that your documents are accurate. How Business and Commercial Litigation in Federal Courts Can Benefit You and Your Practice Save Time and Money Increase Your Potential for Success Gain an Early Advantage Win at Trial Increase the Scope of Your Practice Three Typical Problems or Questions Faced by Attorneys, and How this Set Will Help Resolve Them How should I construct an overall discovery strategy so as to maximize the efficient discovery of relevant information while minimizing costs and inefficiencies? One of the most costly and time consuming aspects of any commercial case is the discovery process. Discovery in commercial cases is particularly challenging because of the vast quantities of documents typically involved, because it is closely regulated by the Federal Rules of Civil Procedure and because sanctions are frequently imposed for noncompliance and for discovery abuse. Business and Commercial Litigation in Federal Courts contains individual chapters on each available discovery device including Depositions, Document Discovery, Requests for Admissions and Interrogatories as well as a chapter on Discovery Strategy and Privileges which discusses the creation of a discovery plan. Each of these chapters discusses not only the most effective use of the particular discovery device at issue but also how to use that device in conjunction with other available discovery devices to maximize efficiency. Coverage also includes automatic disclosure required by the FRCP, use of computer technology to facilitate document production, responding to improper discovery requests, ethical means of protecting information from discovery, the preservation of attorney-client privileges, as well as a separate chapter on Investigation of the Case that discusses informal discovery methods to assist in formal discovery. What motion practice, if any, should I employ? Motion practice is an expensive and time consuming pretrial procedure as well as a procedure that can be utilized during trial and even post trial. There are dozens of possible motions that a litigator can make. Motion practice can be used to dispose of the case in its entirety at the outset of the litigation, to prevent or require a party to do something or refrain from doing something before there is even any decision on the merits of a case, to shape discovery or to force or resist compliance with discovery requests, to prohibit the introduction of various kinds of evidence, to divide the lawsuit into two or more phases for trial and it can be used to overturn the verdict. Like discovery, motion practice is expensive and time consuming, however, unlike discovery which is required in every case, motion practice is discretionary. It is not appropriate for every case and there are sanctions for its frivolous use, however, motion practice when used appropriately and skillfully can favorably affect the outcome of a case (sometimes bringing swift victory), the timing, costs, the protection of confidential information, and virtually every aspect of the case. Business and Commercial Litigation in Federal Courts contains separate chapters on the strategy of motion practice in general as well as chapters on Summary Judgment, Provisional Remedies, Motions In Limine, Trial and Post Trial Motions, Sanctions, as well as treatment of motion practice in other relevant procedural and substantive chapters. These chapters not only discuss the procedural rules applicable to these motions but also discuss the strategy for enhancing the likelihood that the motion will be granted as well as the strategy for resisting the motion. What is distinct about commercial trials in comparison to other civil actions and what is the best strategy for success? Business and Commercial Litigation in Federal Courts contains separate chapters on each phase of the trial of a law suit including jury selection, opening statement, presentation of the case in chief, cross examination as well as chapters on evidence, expert witnesses and jury conduct, instructions and verdicts. Each of these chapters was written by a noted practitioner or federal court judge who shared their expertise to give insightful advice that is particularly relevant to commercial trials and the challenges that trial lawyers face due to the technical nature of the evidence in commercial cases, the need for expert testimony and the vast numbers of documents that will often have to be discussed or introduced into evidence. How Business and Commercial Litigation in Federal Courts Can Assist Corporate Counsel in Fulfilling Their Principal Roles A principal role of corporate counsel: How this set could assist in fulfilling that
role: Business and Commercial Litigation in Federal Courts also contains an authoritative chapter on Venue and another on Removal to Federal Court that not only discusses the procedural steps but also analyzes the reasons to remove, the reasons to fight removal and how best to achieve those goals. The chapters on Motion Practice and Summary Judgment will assist corporate counsel in determining whether the costs and delays of motion practice are offset in a particular case by the likelihood of success or by other factors. The chapter on Provisional Remedies discusses strategy, as well as the FRCP requirements that govern the remedies available to afford security or protection to a moving party during the pendency of an action. This chapter will assist in-house counsel in evaluating what to seek and the likelihood of success in defending against applications for provisional remedies. The 8 trial chapters combine to form a detailed and thoughtful analysis of commercial trial advocacy. In-house counsel working with outside counsel in the conduct of a trial can gain valuable insights from these chapters. A principal role of corporate counsel: How this set could assist in fulfilling that role: There are many chapters in this strategy-oriented set that corporate counsel should consult to ensure that all issues and options are fully explored. For example, the chapter on Settlement contains insightful discussion of decision analysis, negotiating strategies and the factors that must be considered in evaluating a settlement proposal and in drafting the settlement agreement. In addition, the chapter on Alternative Dispute Resolution discusses arbitration and other forms of binding and non-binding dispute resolution techniques and can assist counsel in determining whether ADR is appropriate for a particular case. The chapter on Arbitration vs. Litigation: Enforceability and Access to Courts discusses the enforceability of domestic and international arbitration agreements and awards. Among other chapters in this extensive treatment of commercial litigation that will facilitate corporate counsel's role as pre-litigation advisor, one merits special mention because it concerns an often-overlooked issue that sometimes produces disastrous results: Issue and Claim Preclusion. These are complex doctrines whose ramifications are manifold and frequently obscure. Corporate counsel, aware of business realities and the exposure from similar litigation, must play the critical role in deciding which issues and claims should be avoided because of their substantial preclusion risk and, conversely, which may be more safely advanced. A principal role of corporate counsel: How this set could assist in fulfilling that
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