2014 - American Bar Association · legal issues pertinent to handling a commercial motor ......

West, a thomson ReuteRs Business, is the PRemieR sPonsoR of the toRt tRial & insuRance PRactice section

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2014book catalog

Tort Trial and Insurance Practice Section

New Publications

Page 7 Page 10 Page 11 Page 15

Page 17 Page 17 Page 19 Page 21

Page 29

Page 36

Page 32

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Page 35 Page 35

Page 39 Page 40

Trial Practice/Litigation2-18

Adventure Law40

Fidelity and Surety Law22-31

Professional Development35

Employment Law19-21

Intellectual Property34

Professional Liability32-33

Insurance Industry Regulation36-39

Contents

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Product Code 5190480

$149.95 General Public$135.95 TIPS Members



truck accident litigation, third EditionLAurA ruhL, ESq., ANd MAry K. dooLEy-owEN, EdiTorS2012, Paperback, 412 pages, 7x10

Combining the expertise of industry professionals, engineers, reconstructionists and litigators proficient in the trucking field, this comprehensive guidebook provides in-depth knowledge of both the trucking industry and legal issues pertinent to handling a commercial motor vehicle case. In addition to over-the-road vehicles, the book covers aspects of trucking that apply uniquely to vocational trucking (dump trucks, cement mixers, refuse trucks, snow plows, etc.). Topics addressed include: the business of trucking; loading and unloading; cranes and forklifts; cargo securement; on-board electronics; fatigue; Comprehensive Safety Analysis (CSA); analyzing truck component failures; inspections and maintenance; data collection, analysis, and the preservation of evidence; tires, wheels, and brakes; mirrors, visibility and conspicuity; and much, much more.

the trial war room handbookG. ChriSToPhEr riTTEr, AMiE J. BAiLEy ANd MiChAEL SKrzyPEK2012, Paperback, 339 pages, 6x9

The War Room Handbook: Effective Strategies From the Trenches is written for the lawyer facing a major adversarial event of some kind, such as a trial, arbitration, or Markman hearing in a patent case. Beyond writing briefs, researching the law, and presenting the evidence, lawyers need a level of practical advice and organizational ability to prepare for a case.

Setting up a “war room” to prepare and support your efforts in court will improve your chances of things going smoothly and successfully. Written by seasoned trial lawyers, this book teaches best practices in war room preparation. Eleven chapters focus on the answer to two key questions: “What is a war room?” and “How do I set up and run a successful war room?”

other features include:

• Sidebars and topical asides

• Checklists and quick-reference tools

• Q&A with veteran war room organizers

• Tips on maintaining the right attitude and communication

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$199.95 General Public$179.95 ABA Members



• The digestive system

• The urinary system

• The endocrine system

• The reproductive system

• The integumentary system

• Trauma

• Immune disorders

• Pain

aba Medical-legal guides: clinical anatomy for lawyers SAMuEL d. hodGE Jr. ANd JACK E. huBBArd Ph.d., M.d.2012, Hardcover, 864 pages, 7x10

ABA Medical-Legal Guides: Clinical Anatomy for Lawyers offers in-depth coverage and medical illustrations of each bodily system, including the common diseases and disorders of each and their relevant legal issues and cases. Several medical problems that overlap body systems—such as trauma, immune disorders, and pain—

are also included, along with their legal ramifications.

The book covers:

• A historical perspective

• Human body systems: an overview

• Diagnostic imaging

• The skeletal system

• The muscular system

• The nervous system

• The circulatory system

• The respiratory system

With more than 300 medical illustrations and photos, Clinical Anatomy for Lawyers is an important guide to understanding the medical issues facing your clients.

a claimant’s guide to Understanding and presenting Injury Damages: a Damages Expert’s perspective MiChAEL ShAhNASAriAN Ph.d. 2012, Paperback, 89 pages, 7x10

When initial settlement negotiations fail, claimants have two alternatives that summon their primeval instincts: fight or flight. The former involves pursuing a lawsuit; the latter involves abandoning damages claims.

A Claimant’s Guide to Understanding and Presenting Injury Damages, aims to guide people who (a) suffered injuries through little or no fault of their own, (b) seek fair compensation for acquired disabling problems, and (c) are pursuing litigation with concomitant damages claims.

Topics include:

• Context about truth finding

• Managing expectations, having patience, and assessing damages

• Evolution of a claim and the parties who analyze it

• Strategies lawyers can employ for ultimate resolution

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the attorney-client privilege in civil litigation, Fifth EditionViNCENT S. wALKowiAK, STEPhEN M. MCNABB, ANd oSCAr rEy rodriGuEz, EdiTorS2011, Paperback, 770 pages, 7x10

The Fifth Edition has been updated and expanded to include new revisions of the attorney-client privilege and work-product doctrine. Many of the previous chapters have been completely revised, and others have gone through a comprehensive rewrite providing full coverage of all topics in one single volume. This new edition is not merely a treatise on the subject; it is that and much more. Written for practitioners, it addresses the problems they face and offers solutions. Each chapter is written by authors with varied practices and offers the insights of the attorneys practicing in those areas. Attorney-client privilege continues to be a complex issue. The need for confidential communication in the corporate setting is greater than ever before. The latest edition focuses on:

• Guidance for corporate counsel

• Perspectives on the attorney-client privilege and the work-product doctrine

• Confidentiality and its relationship to the attorney-client privilege

• Hidden dangers for the exceptions to the attorney-client privilege

• Defining fair game in the e-discovery era and how to protect your client

• Communications between attorneys and putative class members

• Communications between related corporations

• Federal courts’ application of the work-product doctrine

• Protecting the attorney-client privilege during an internal investigation

• Contacting employees, former employees, and related witnesses

• Discovery of the non-testifying in-house expert assigned to litigation

• Loss of attorney-client privilege through inadvertent disclosure of privilege documents

• The perils of selective waiver of privilege

• Application to communications between insureds and insurance carriers

• Immunity in patent litigation

• Confidentiality in the reinsurance arena

• The joint defense privilege

• International scope and applications

• Application in insurance coverage litigation

• Attorney-client privilege and corporate communications



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professional responsibility in litigationdouGLAS r. riChMoNd, BriAN E. FAuGhNAN, ANd MiChAEL L. MATuLA

2011, Paperback, 808 pages, 7x10

Trial and appellate lawyers face numerous challenges related to professional responsibility. These problems often arise suddenly or in circumstances that are at best difficult. The chapters of Professional Responsibility in Litigation are organized by tracing the life of a lawsuit from start to finish. The book begins with an examination of professional-responsibility issues attending pre-suit investigations and the initiation of litigation and concludes with a discussion of the professional responsibilities of appellate lawyers.

Chapters cover:

• Pre-suit investigation

• Co-counsel and referral relationships

• Surreptitious investigations and discovery

• Receipt and release of confidential information

• Ethics of e-discovery

• Expert witness conflicts of interest

• False testimony

• Lawyers as witnesses, and much more





handling the business Emergency: temporary restraining orders and preliminary InjunctionsThoMAS E. PATTErSoN, EdiTor2009, Paperback, 614 pages, 6x9

When it comes to theft of trade secrets, infringement of trademarks or copyrights, breach of employee agreements and more, simple monetary settlements often fall short. When an employee steals your secret formula, or your treasurer is leaving the country with all your money, it’s a business emergency, and you are looking for more than a money judgment—it’s time for an injunction or a temporary restraining order (TRO).

This extensive book explains the applicable standards of issuing TROs and injunctions and includes examples. The book provides step-by-step information on bonds and damages, the order itself, enforcement of injunctions and TROs, and the strategy and tactics of using them. Additionally, the book offers State Comparison Charts for injunctions and TROs, citing the differences in standards from state-to-state.

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Supplement





a practitioner’s guide to class actionsMArCy hoGAN GrEEr2010, Paperback, 1,354 pages, 7x10

Complete with a state-by-state analysis of the ways in which the class action rules differ from the Federal Rule of Civil Procedure 23, this comprehensive guide provides practitioners with an understanding of the intricacies of a class action lawsuit. The book is divided into three parts: anatomy of a class action, special issues in class actions, and jurisdictional survey of local requirements governing

class actions.

included are discussions on:

• Precertification

• Ethical and practical issues of communications with members of a class

• Interlocutory appeals

• Settlements

• Claims administration

• The Class Action Fairness Act

• Bankruptcy and class actions

• Arbitration

a practitioner’s guide to class actions supplementMArCy hoGAN GrEEr2012, Paperback, 251 pages, 7x10

Since the publication of A Practitioner’s Guide to Class Actions in the summer of 2010, there have been a number of significant developments in the area of class action law that have prompted a comprehensive supplement to the book. The U.S. Supreme Court handed down a number of key decisions, including Wal-Mart Stores, Inc. v. Dukes, Smith v. Bayer Corp., and Erica P. John Fund, Inc. v. Halliburton Co. The supplement addresses these decisions, as well as a number of groundbreaking developments throughout the federal and state courts.

This book and supplement provide a comprehensive go-to guide to help navigate the intricacies of class actions, complete with a state-by-state analysis of the ways in which states’ class action rules differ from the seminal Federal Rule of Civil Procedure 23.

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product liability

roBiN CANTor2011, Paperback, 272 pages, 7x10

Product liability is an increasingly complex area that poses significant challenges to corporate risk managers, policy makers, business advisors, and even consumers. In the past decade, national headlines have highlighted the unprecedented number of liability claims and extensive social upheaval caused by products that bring about serious unintended consequences for workers, consumers, and the environment. Given the potential financial losses from product liability, the business stakes are high, especially in the global economy.

Product Liability presents business and policy advisory perspectives regarding a number of important issues that emerge from current and ever-changing legal and global market conditions. This book helps the reader navigate the complex web of risks and opportunities and offers strategies that minimize product liability under a range of regulatory and legal regimes.

NEw! Mastering the Media in a products liability cases

BrETT EMiSoN2013, Paperback, 197 pages, 5x7

Products liability refers generally to statutory and common law permitting the injured plaintiff to bring suit against manufacturers and sellers of defective products. Use Mastering the Media in a Products Liability Case for in-depth insight into handling the media when dealing with the four main products liability claims: 1) negligence, 2) breach of one or more warranties, 3) liability without fault or negligence, and 4) misrepresentation.

Learn how to approach the media aspects associated with these claims:

• Communication tactics via modern media

• The impact of digital media on product manufacturers

• Social media and juries, and more

This book also features a 16-page Q&A with Sara Rittman, former legal ethics counsel for the Supreme Court of Missouri.





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the lawyer’s guide to lead paint, asbestos and chinese Drywall litigationALAN KAMiNSKy ANd KArEN CAMPBELL, EdiTorS2010, Paperback, 205 pages, 7x10

Learn about the current issues affecting cases dealing with lead paint, asbestos, and Chinese drywall. Written from both the plaintiff’s and defense perspectives, the guide presents the nuts and bolts of defending a case, a state-by-state summary for comparison, and thoughts on the future of each of these unique litigation issues. It also includes strategies for the defense when trying a case.

The Lawyer’s Guide to Lead Paint, Asbestos and Chinese Drywall dissects each of the three subjects in detail. Find the history of cases, associated diseases, and the types of defendants that will play a role in the claim, as well as guidance on how to find expert witnesses to testify.

litigating animal law Disputes: a complete guide for lawyersJuLiE i. FErShTMAN ANd JoAN E. SChAFFNEr2009, Paperback, 584 pages, 6x9

Animal law is an emerging field that encompasses a variety of legal disciplines. Today more and more lawyers are entering into this field or finding they have cases that deal with animal law. This comprehensive guide is for lawyers who may be unfamiliar with the various laws in the field of animal law and require a basic guide to handling these cases.

The book covers every major aspect of private civil and criminal litigation of animal law disputes in the areas of tort, contract, property, insurance, and criminal law. In the fifteen chapters of this book, you’ll find valuable information and cases dealing with topics like personal injury and negligence, disputes over animal possession; wills and trusts involving animals; veterinary malpractice; insurance litigation; federal cases and Constitutional rights; animal ownership and land use rights; criminal cases; and more. There is even a chapter covering practical matters for lawyers handling animal cases, including fee agreements, discovery techniques, preparing your client, settlements and collecting judgments. The book also provides sample litigation documents, such as pleadings, discovery materials, expert information, and more. It’s the complete resource for any lawyer who, sooner or later, will deal with a case of animal law.

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a lawyer’s guide to Dangerous Dog IssuesJoAN E. SChAFFNEr, EdiTor2009, Paperback, 108 pages, 6x9

This book is the only source that discusses the handling of “dangerous dogs” by the law and private associations. Today, many dogs are deemed dangerous not because of the traits of the individual animal, but on account of their breed alone. The authors explain why breed discrimination is immoral, unfair, and ineffective. Progressive approaches to better handling reckless owners and their dogs and strategies for prosecuting and defending dangerous-dog cases are offered.

Topics include an overview of ordinances targeting reckless owners, the concept of canine profiling, the constitutionality of breed-specific legislation, enforcing and defending dangerous-dog laws, and information on dangerous-dog registries and hearings.

wildlife law: a global perspectiverAJ PANJwANi, EdiTor2008, Paperback, 419 pages, 6x9

It is no secret that the biodiversity of the planet is being lost at an unprecedented rate because of human activity. The laws that have been written worldwide relating to wildlife are diverse and varied, reflecting each country’s specific concerns regarding issues such as imports and exports, waste, mining, emerging industries, air and water pollution, and more.

Wildlife Law: A Global Perspective presents a rich compilation of papers that allows a comparative study of the legislation enacted by different countries for the protection of wildlife and its habitat within their respective territories. It evaluates and puts together the various laws implementing the principle of “sustainable development,” particularly the “precautionary principle,” to achieve the objective of saving wildlife and its habitat.



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a practitioner’s guide to hospital liabilityJAMES T. o’rEiLLy, JoLENE SoBoTKA, ANd PhiLiP hAGAN2011, Paperback, 317 pages, 6x9

A Practitioner’s Guide to Hospital Liability begins with the foundation of how hospitals are organized, how their duty of care is established, and what the basics of a cause of action would be in litigation. Unusual cases of intentional acts such as assault and battery are covered, but most of the book deals with liability claims arising of out accidents and negligent acts. The elements of shared supervision and shared responsibility are thoroughly explained. Throughout the book, the potential litigator will find factors to weigh when considering whether to

go to trial.

Specifics include:

• Assault and suicide claims

• Claims of civil battery

• Negligent failure to monitor patient’s condition

• Liability for infection

• Equipment failure, including medical device problems

• Drug-dispensing, medical, and laboratory errors

• Special nutrition issues, and much more

NEw! litigating the Nursing home case, second EditionJAMES T. o’rEiLLy2014, Paperback, 446 pages, 6x9

Author James T. O’Reilly provides step-by-step guidance to litigating a nursing home case. He begins by reviewing the responsibilities and liabilities of management, nurses, and physicians in the second edition of Litigating the Nursing Home Case. This extensive reference then examines liability issues, including specific topics such as ulcers and infection problems, fall-related injuries, wandering and escape issues, assault and abuse, dehydration, choking, and more.

New topics in the second edition include:

• The conflicts over forcing elders to sign arbitration agreements

• Greater detail on the patterns of injuries to assess whether or not to accept a case

• Issues pertaining to states’ pay rates and the possible dismissal of a patient due to insufficient funding

• Penetrating the complexity of LLCs associated with nursing homes

This book is a must for any lawyer who represents the victimized patients whose poor care has resulted in extensive pain or premature death.

A P

ractitioner’s G

uide to Hosp

ital Liability

ISBN 978-1-61632-854-2 Law ReferencePrice: $149.95PC: 5190470

Visit us at www.ababooks.org

A Practitioner’s Guide to Hospital Liability J a m e s T . O ’ R e i l l y , J O l e n e s O b O T k a ,

a n d P h i l i P h a g a n

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a lawyer’s guide to Understanding Earning capacity assessment and Earning capacity optionsSTAN owiNGS2009, Paperback, 208 pages, 6x9

Courts often need to determine the impact of an incident on the capacity of an individual to be employed and to earn wages. Rehabilitation counselors frequently are utilized in the legal field to provide this future earning- capacity assessment. In fact, this method of assessing earning capacity is the most acceptable one within the parameters of legal requirements developed by recent court decisions.

A Lawyer’s Guide to Understanding Earning Capacity Assessment and Earning Capacity Options explains the basic concepts and identifies the considerations that go into determining earning capacity. In addition, the book provides a concise explanation of why rehabilitation counseling provides a legally sufficient basis for determining earning capacity. It takes into account the requirements placed on expert methodology by courts since the Daubert and Kumho decisions, which examined expert opinions not based on accepted methodology.



NEw! Medical Malpractice: avoiding, adjudicating, and litigating in the challenging New climate ProF. JAMES T. o’rEiLLy ANd MiChELE youNG, ESq.2014, Paperback, 512 pages, 7x10

Medical Malpractice guides lawyers who are intent on attaining compensation for the errors that can occur in today’s evolving healthcare arena or who are engaged in defending a modern malpractice case.

highlights include:

• The detailed examination of two new settings for medical malpractice: the retail chain store and remote medical advice via computer, or “telemedicine.”

• Extensive coverage of the pursuit of compensation for injuries to disadvantaged individuals who have government-subsidized healthcare.

• Appendices of key medical malpractice statutes for each state in the nation, to bring the law to the practitioner’s fingertips.

Medical Malpractice is written for lawyers, retail chain executives, doctors who practice telemedicine, practical nurses, hospital administrators, and community care and free clinic operators.

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property Insurance litigator’s handbook, second EditionLEoNArd E. MurPhy, ANdrEw B. dowNS, ANd JAy M. LEViN2013, Paperback, 580 pages, 6x9

When policyholders believe their loss is covered but the insurer disagrees, the parties may ultimately find themselves in litigation. Property Insurance Litigator’s Handbook, Second Edition begins with an overview of property insurance and a discussion of things that occur on a claim before the litigator receives the file. The process of drafting complaints, preparing answers and affirmative defenses, propounding discovery, seeking summary dismissal or judgment, and preparing for trial is thoroughly detailed. Useful checklists and other helpful practice aids are included. This new edition features updated tables of authority, checklists, sample forms, letters, pleadings, and discussions.

Property Insurance Litigator’s Handbook, Second Edition, is a valuable resource for:

• Experienced litigators who are new to the first-party arena

• Associates getting started in first-party property insurance litigation

• In-house counsel

• Other insurance professionals who can benefit from a working knowledge of the process of litigating a first-party property case



Product Code 5190450B


the amicus brief: how to write It and Use It Effectively, third EditionrEAGAN wM. SiMPSoN ANd MAry r. VASALy2010, Paperback, 278 pages, 6x9

The amicus brief, with roots in ancient Rome, precedes even the common law. But over the last 50 years, the role of the amicus brief has evolved and is now frequently being cited by the Supreme Court. This helpful publication provides complete information on writing and understanding amicus briefs. You’ll find practical suggestions on all aspects of amicus practice and numerous examples of well-crafted briefs. Topics in the book include how often amicus briefs are filed, who files and why, and how to file and respond.

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A P

ractitioner’s G

uide to Hosp

ital Liability

ISBN 978-1-61632-854-2 Law ReferencePrice: $149.95PC: 5190470


A Practitioner’s Guide to Hospital Liability J a m e s T . O ’ R e i l l y , J O l e n e s O b O T k a ,

a n d P h i l i P h a g a n

a complete guide to premises security litigation, third EditionALAN KAMiNSKy2008, Paperback, 380 pages, 6x9

As recently as the mid-1980s, personal injury actions against landlords for crimes committed within their buildings were practically unheard of. Yet today, these high-exposures cases constitute a large percentage of the caseloads of most state courts located in urban areas.

A Complete Guide to Premises Security Litigation, Third Edition, offers insight into prosecuting and defending premises security cases and includes valuable strategies, techniques, and useful checklists.

This step-by-step guide covers, but is not limited to:

• Pertinent background and statistical information about premises security claims

• Proper investigative techniques to ensure favorable results

• Strategies to help defend a premises security action

• Advice on when and how to choose security experts, criminologists, victimologists, police officers, psychiatrists, and engineers to support your claims





litigating the aviation case: From pre-trial to closing argument, third EditionANdrEw J. hArAKAS, EdiTor2008, Paperback, 608 pages, 7x10

Product liability claims based on aviation crashes are extremely complex and challenging even for the most experienced litigators. These cases require large commitments of time and resources, and they demand expertise with aviation and engineering principles, coupled with detailed legal analysis.

The guide includes advice from 40 experienced litigators on:

• Locating top sub-specialists

• Maximizing the effectiveness of evidence

• Presenting opening and closing statements

• Cross-examining witnesses

• Developing winning strategies

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powerful Deliberations: putting It all together for the JuryG. ChriSToPhEr riTTEr2009, Hardcover, 201 pages, 7x10

Good trial lawyers know how to manage an effective—sometimes even artful—litigation process. Great trial lawyers know what it takes to win by “making their client’s version the truth.” In Powerful Deliberations: Putting It All Together for the Jury, G. Christopher Ritter distills the many lessons he has learned from working on hundreds of complex, high-profile civil and criminal cases to help you win at trial…what every client most values.

Bringing together legal strategy, psychology, and persuasion theory, Ritter offers a fresh approach to trial preparation, one that focuses on how jurors learn, think, and deliberate. Ritter demonstrates how lawyers can turn jurors from neutral finders of fact into advocates for their client’s side. Whether a lawyer tries a few cases or many, and whether these cases are large or small, this book provides a trial-tested framework for building a stronger, more persuasive case. rticularly the “precautionary principle,” to achieve the objective of saving wildlife and its habitat.

toxic Mold litigation, second EditionrAyMuNd C. KiNG2008, Paperback, 278 pages, 6x9

Toxic Mold Litigation, Second Edition, is a practical reference for lawyers and others who want to gain a common-sense understanding of the current legal issues affecting today’s brand of mold litigation. The book is not intended to be an exhaustive legal treatise on mold litigation but rather a practical “road map” for those who have limited experience in handling mold claims. The last chapter of the book contains forms, checklists, and copies of the actual petitions and orders from recent mold cases in the United States.

Topics include: • Introduction and history of toxic mold awareness

• Mold cases in the United States: An update of recent cases

• Assessing the mold claim and preparing for trial

• Update: The science behind mold litigation

• Mold and insurance coverage: The first-party policy and insurance adjusters

• Mold and insurance coverage: The third-party policy

• Update on mold and government regulation

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superseding and staying Judgments: a National compendiumroGEr d. TowNSENd, EdiTor2007, Paperback, 500 pages, 7x10

Superseding and Staying Judgments is a national compendium of the law of superseding and otherwise staying judgments in every jurisdiction in the United States. This exhaustive resource will assist lawyers, clients, and their insurers in obtaining fast, accurate, and practical advice about dealing with an adverse verdict or judgment, even from a distant jurisdiction.

Beginning with the federal system and then turning to the state courts, the authors have collected cases, surveyed statutes, and reported the results of their experienced reading of the law. Many of the book’s circuit editors comprise a virtual Who’s Who in appellate law in the United States. Chapter authors were aligned with the states in their circuit to determine whether the federal practice in their circuit warranted special treatment. They also ensured uniformity of treatment, added their additional experience, and clarified concepts that might otherwise be confusing to the unfamiliar reader.

NEw! spoliation of Evidence: sanctions and remedies for Destruction of Evidence in civil litigation, third EditionMArGArET M. KoESEL, TrACEy L. TurNBuLL, dANiEL F. GourASh2013, Paperback, 449 pages, 6x9

Spoiliation of Evidence, Third Edition, helps resolve problems involved with the destruction of evidence. Developing case law has shown that spoliation may subject parties to additional litigation expense, potential tort liability, and sanctions that may be outcome determinative. Whether you represent parties to litigation, or are counseling clients who want to avoid litigation, at some point you will face issues involving the destruction of evidence.

The book serves as a guide for the litigation practitioner faced with the loss of evidence in a civil suit in a state or federal court.

Among other key topics, the book covers:

• Record-keeping obligations

• The duty to preserve evidence

• Independent causes of action for the destruction of evidence

• Available sanctions and other remedies for spoliation

• Criminal sanctions for spoliation

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creating winning trial strategies and graphicsG. ChriSToPhEr riTTEr2004, Paperback, 472 pages, 7x10

This book and CD reveal how to create powerful graphics to strengthen a courtroom argument and maximize opportunities to persuade judges and juries in your favor.

Topics include: • Persuasion

• Technology

• Jury deliberations

• Standard forms

• Information architecture

• Specialized graphics

• Evidence

• Hypothetical cases

Bonus! includes hundreds of color samples of actual courtroom graphics and animations in text and on an accompanying Cd-roM!

the spine at trialJoSE Kuri, Md, Ed STAPLEToN, Jd, FrANK CoSTiLLA, Jd, ANd hETTiE roLLiNS odABAShiAN2002, Paperback, 488 pages, 7x10

Packed with tips to simplify the unfamiliar territory of spinal and neck injuries, this book will sharpen your ability to persuade a judge or jury by increasing their understanding and retention of the facts. Created as an emperical reference for lawyers who don’t have an extensive medical background, this book fuses the expert advice of a neurosurgeon, two personal injury lawyers, and a medical researcher to cover the important issues, questions, and persuasive arguments applicable to a spinal injury case.

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NEw! aba Medical-legal guides: the spine for lawyers SAMuEL d. hodGE Jr. ANd JACK E. huBBArd Ph.d., Md 2013, Hardcover, 800 pages, 8 1/2 x 11

Injuries involving the spine are the most common compensation claims in the United States. Statistically, problems with the lower back are the second leading cause of missed time from work and one of the leading reasons people visit orthopedic surgeonsand neurosurgeons. Sprains and strains of the neck are the most frequently reported problems made to insurance companies.

ABA Medical-Legal Guides: The Spine for Lawyers is designed to help practitioners, judges and insurance professionals understand the multifaceted medical and legal issues in a claim involving this part of the human anatomy. This book covers:

• The skeletal, muscular, and nervous systems

• Spinal cord injuries

• Diagnostic imaging of the back pain

• Myofascial pain

• Complex regional pain syndrome

• The orthopedic doctor as expert witness

• How to understand medical records

• The physician as expert witness

• Plan and policy provisions

NEw! aba Medical-legal guides: the Forensic autopsy for lawyers SAMuEL d. hodGE Jr. ANd MiChAEL J. PANELLA 2013, Hardcover, 280 pages, 7x10

The forensic autopsy provides a systematic medical examination of the decedent to detect natural diseases and traumatic injuries. This enables the pathologist to conclude what caused the death and how the person’s demise occurred.

Attorneys must be aware of the methods that may be critical in accurately establishing the cause and manner of death, including histology, radiology, microbiology, toxicology, serology, and special forensic laboratory testing. They must also be able to recognize the strengths and limitations of procedures and how they fit into a case. ABA Medical-Legal Guides: The Forensic Autopsy for Lawyers covers:

• Basic and specialized procedures

• Patterns of injuries

• Toxicology

• Pediatric deaths

• The tort of wrongful autopsy, and more

Containing more than 200 illustrations and photos, The Forensic Autopsy is an important guide to maximizing an attorney’s use of the autopsy when providing legal representation.

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Formulas for calculating Damages

MArK S. GurALNiCK 2012, Paperback, 552 pages, 6x9

Lawyers spend more time mastering the peculiarities of language than of numbers, but a basic knowledge of arithmetic and algebra can lead to many useful strategies for the practice of law. Formulas for Calculating Damages draws from the fields of law, accounting, economics and statistics to provide a variety of formulas that help professionalize the practice of law, bolster the quality of advice provided to clients, and generate a more responsibly and skillfully presented case for damages.

These formulas can be applied to thousands of case scenarios and used to informally estimate the value of a case, to negotiate or mediate settlements, or to prove damages in the course of a trial. However, they also serve many other purposes: deciding whether to accept or reject a case, whether to hire an employee or retain a contractor, whether or not to sell a business, etc.



protecting trade secrets before, During and after litigation ChriS SCoTT GrAhAM 2012, Paperback, 326 pages, 6x9

Trade secrets are an essential component of a well-rounded intellectual property portfolio and the breadth of available protection can be extensive. Author Chris Scott Graham is a general commercial/technology litigator practicing in Silicon Valley for well over twenty-five years who has handled several dozen trade secret cases. He’s found that many companies take the first step in creating protections only after an overt act of misappropriation and when those events arise, company executives have a tendency to demand rapid action from their general litigation counsel, who may not have experience with trade secret litigation.

This book outlines what a practitioner experiences at a white board session with his or her litigation team, with everyone brainstorming to identify potential pivot points on the issues at hand and discusses the best approach, in light of particular rules in a given jurisdiction that influence, how an issue can or must be addressed. In addition, consideration is also given to any alternative pivot points revolving more on the strategic value of the decision to the client’s business, instead of a rote application of identifiable legal principles. It’s a complete practical guide to protecting trade secrets, through identifying and discussing realistic and practical issues the practitioner may face in this area.

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the Employment law sourcebook, 2013 Edition 2013, Paperback, 1168 pages, 7x10

Now completely condensed into one single volume, the Employment Law Sourcebook, 2013 Edition is your complete up-to-date guide to U.S. employment source material, including all the relevant acts, regulations, and executive orders. The book includes, in their entirety:

• Americans with Disabilities Act

• Age Discrimination in Employment Act

• Americans with Disabilities Act

• Department of Labor FLSA Handy Reference Guide

• Equal Employment Opportunity Commission Procedural Regulations

• Equal Pay Act

• Executive Order No. 11246

• Fair Labor Standards Act

• Family and Medical Leave Act

• Immigration Reform and Control Act

• Lilly Ledbetter Fair Pay Act

• National Labor Relations Act

• Occupational Safety and Health Act

• Portal to Portal Act

• The Rehabilitation Act

• Title VII of the Civil Rights Act

• Worker Adjustment and Retraining Act

• Fair Labor Standards Act

• Equal Employment Opportunity Commission Procedural Regulations

• Equal Pay Act

• Executive Order No. 11246

• Family and Medical Leave Act

• Immigration Reform and Control Act

• Lilly Ledbetter Fair Pay Act

• Occupational Safety and Health Act

• Portal to Portal Act

• The Rehabilitation Act

• Title VII of the Civil Rights Act

• Worker Adjustment and Retraining Act This comprehensive collection is an important addition to the libraries of lawyers, academics, journalists, and corporate officers alike.

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Investigating the workplace harassment claim BETh K. whiTTENBury 2012, Paperback, 172 pages, 7x10

Investigating the Workplace Harassment Claim, provides a step-by-step guide to undertaking harassment investigations. This book includes in-depth legal analysis well supported by legal citations and suggests best practices in unsettled areas of relevant law. From understanding when the duty to investigate arises to writing the final investigation report, this book covers all aspects essential to conducting a thorough and timely investigation. The book provides a useful guide to issues that must be addressed preliminary to the investigation as well as pitfalls to avoid during the investigation process. Useful forms are included, and sample documents provide readers with a hands-on approach to this important topic.

Specifics include:

• A thorough step-by-step guide to conducting inves-tigations, complete with useful forms and sample documents

• In-depth legal analysis of unsettled issues as well as suggestions for best practices

• Explanations of the relevant law helpful to manag-ers, lawyers, attorney investigators, HR professionals, and private investigators

litigating the workplace harassment case

MArLENE hEySEr, EdiTor 2010, Paperback, 658 pages, 7x10

Over the past few years, courts have recognized harassment based on criteria extending beyond sexual harassment in the workplace. As a result, litigation in this area has increased and expanded to include all who are protected under Title VII of the 1964 Civil Rights Act. Litigating the Workplace Harassment Case provides a comprehensive look at litigation and settlement strategies for such cases.

other detailed information includes:

• EEOC’s role in litigation and dispute resolution

• Responding to a charge or complaint

• Role of jury science

• Defending the alleged harasser

• Multi-plaintiff litigation

• Religious discrimination





NEw! ErIsa survey of Federal circuits, 2014 EditionBrooKS r. MAGrATTEN, EdiTor2014, Paperback, 631 pages, 7x10

Circuits can vary significantly in their approach to substantive and procedural ERISA issues. The 2014 edition of ERISA Survey of Federal Circuits is revised and updated to include:

• Discussion of the most recent and leading ERISA cases by circuit

• Analysis of the leading standard of review decisions

• Recent ERISA discovery trends

• Discussion of the Fiduciary Exception to the Attorney Client Privilege

• Examination of disability claims based on the Risk of Relapse

• Consideration of the consequences of a failure to make a timely request for administrative review

• Review of circuit-by-circuit approaches to common plan and policy provisions

the practitioner’s guide to Defense of Epl claims, third EditionAMy wiLSoN, EdiTor2013, Paperback, 535 pages, 7x10

Employment Practices Liability (EPL) insurance is a growing phenomenon in the insurance industry. The Practitioner’s Guide to Defense of EPL Claims is a unique and invaluable tool for the employment litigator and others interested in that practice area. The contributing authors are all experts in the fields they address, and the compilation, expansive in scope, is reader-friendly and a valuable asset to the practitioner.

Topics include:

• Claims under other insurance, including CGL and D&O

• Insurability of intentional conduct & punitive damages

• Investigating EPL claims

• Pleading strategies, affirmative defenses, and burdens of proof

• Use and misuse of statistics

• Emotional injury

• Back pay, front pay, compensatory and punitive damages

• Litigating EPL insurance claims

• Settlement issues

• Mediation and releases

• Ethical issues

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the law of performance bonds, second EditionLAwrENCE r. MoELMANN, MATThEw M. horowiTz, ANd KEViN L. LyBECK, EdiTorS2009, Paperback, 898 pages, 6x9

Written for the experienced and novice practitioner alike, the second edition of The Law of Performance Bonds covers the major issues relating to the Performance Bond. The book is almost twice the size of the previous edition and begins by discussing the fundamentals of a suretyship relationship and how it is created. All issues pertaining to a default situation are analyzed, including what constitutes a default, notice requirements, and the rights of a surety upon default. Extended treatment is given to the surety’s rights, obligations, and defenses under many commonly used performance bond forms, including the AIA-A311 and AIA-A312 Performance Bonds, Miller Act performance bonds, and defeasance bonds.

performance bond Manual of the 50 states, District of columbia, puerto rico, and Federal JurisdictionsLAwrENCE LErNEr ANd ThEodorE M. BAuM, EdiTorS2006, Paperback, 647 pages, 6x9

Performance Bond Manual examines the statutes and case law concerning performance bonds for each of the 50 United States, plus the territory of Puerto Rico, the District of Columbia, and Federal Miller Act performance bonds. Each section provides an overview of the particular jurisdiction and is laid out in a standardized format. This book is intended to provide the surety claims representative and the practitioner with a broad-brush understanding of the law of performance bonds in a particular jurisdiction.

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bond Default Manual, third EditionduNCAN L. CLorE, riChArd E. TowLE, ANd MiChAEL J. SuGAr, Jr., EdiTorS2005, Paperback, 784 pages, 6x9

The third edition of Bond Default Manual is substantially broadened and revised. This comprehensive book furnishes the basic information and techniques involved in performance bond claims handling.

Content includes:

• Bond, contractual, and statutory provisions

• The surety’s investigation

• The surety’s analysis of investigative results

• Financing the principal

• Takeover and completion

• Tender

• Completion by obligee

• Insurance coverages

• Ethical considerations

• Salvage/subrogation rights

Managing and litigating the complex surety case, second EditionPhiLiP L. BruNEr ANd TrACEy L. hALEy, EdiTorS2007, Paperback, 750 pages, 6x9

This publication addresses many of the most sophisticated issues that arise in the preparation for and trial of the “mega“ construction surety case—a case that routinely involves multiple parties, multiple project locations, multiple claimants, multiple sources for “salvage,“ multiple forums for dispute resolution, and a host of technical engineering, accounting, and construction issues. Truly a complete resource on the subject, everything is covered, from evaluating a surety’s performance bond exposure right up through trial proceedings and post-hearing motions and appeals. This book is a must for all surety claims representatives and surety trial lawyers.

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the construction projectMAriANNE SuSoNG ANd MAriLyN KLiNGEr, EdiTorS2006, Paperback, 348 pages, 6x9

Gain an overview of construction projects through a step-by-step primer to understand the flow of a construction project from the initial design through the final project “close out” in The Construction Project. The book focuses on providing a clear understanding of the people, terms, phases, paperwork, and processes involved in a complex bonded construction project and serves as a handy resource for anyone approaching a construction project for the first time.

cgl/builder’s risk MonographBy MATThEw horowiTz, LAwrENCE LErNEr, PATriCK J. o’CoNNor, Jr., ANd dAVid C. oLSoN2004, Paperback, 96 pages, 7x10

The intended audience for this resource is surety claims representatives and others involved in surety claims who may lack a sophisticated knowledge of insurance coverage issues. A general overview of the differences between surety bonds and insurance coverages, the types of insurance coverages that typically cover construction-related losses, and the contexts in which these coverages may overlap are all included.

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the law of payment bonds, second EditionKEViN L. LyBECK, wAyNE d. LAMBErT, ANd JohN E. SEBASTiAN, EdiTorS2011, Paperback, 350 pages, 81/2 x 11

The Law of Payment Bonds, Second Edition, is an expanded update of the first edition, providing a current and more comprehensive analysis of the law related to all forms of payment bonds, whether they are issued pursuant to federal or state law or represent common law private bonds. The fifteen chapters of the book address all aspects of payment bonds, including their basic nature and purpose, what they cover, who is entitled to coverage under such bonds, how a payment claim is made and supported, and sureties’ defenses to claims. The book further explores various adjudicative issues involving arbitrations and lawsuits, such as venue, jurisdiction, proof requirements, and limitations. Additional topics in the book include bankruptcy and extra-contractual considerations as well as a wide range of miscellaneous issues. Together with the Payment Bond Manual, Third Edition, this book is an indispensable reference for surety and construction practitioners, as well as for general practitioners who are involved with surety payment bond claims.

payment bond Manual, third EditionwAyNE d. LAMBErT, Todd r. BrAGGiNS, ANd J. BLAKE wiLCox, EdiTorS2006, Paperback, 644 pages, 6x9

Payment Bond Manual, Third Edition, provides the reader with a basic primer on payment bond law for each of the 50 United States, as well as the territory of Puerto Rico, the District of Columbia, and Federal Miller Act payment bonds. Each chapter contains brief descriptions of the statutes and case law relevant to each jurisdiction and is intended to offer a basic understanding of payment bond law for both surety company claims representatives and practitioners.

For almost every jurisdiction, the Payment Bond Manual covers a brief synopsis of the law broken down into various subsections, which is then followed by the statutory citation and the relevant statutory excerpts that support the statement of the law.

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the law of commercial surety and Miscellaneous bonds, second EditionBruCE ChArLES KiNG, riChArd E. TowLE, SAMuEL J. ArENA, Jr., ANd SAM h. PoTEET, Jr., EdiTorS2012, Paperback, 664 pages, 6x9

The Law of Commercial Surety and Miscellaneous Bonds, Second Edition, is an expanded update of the First Edition, providing a current and more comprehensive analysis of the law relating to commercial and miscellaneous bonds. The twenty chapters of the book address the various types of commercial surety and miscellaneous bonds, including their basic nature and purpose, what they cover, who is entitled to coverage under such bonds, and sureties’ defenses to claims under such bonds. Each chapter covers a different type of commercial surety or miscellaneous bond. In addition, the book devotes an entire chapter to the commercial surety’s collateral in a principal’s bankruptcy case. In order to facilitate the use of this book as a reference source, a detailed table of contents sets forth the various topics addressed by each chapter. This book is an indispensable reference tool for experienced and entry-level claim professionals and practitioners, as well as for general practitioners who can use this publication as an initial source from which to learn this complex area of law.

the surety and bankruptcyJ. BLAKE wiLCox, STEVEN h. riTTMASTEr, ANd ALBErTA “ALi” L. AdAMS, EdiTorS2010, Paperback, 320 pages, 6x9

Bankruptcy may be intimidating for surety professionals, and with adequate reason—venturing into this area unprepared can be costly. The Surety and Bankruptcy helps demystify the process with chapters which are sequenced as a bankruptcy normally progresses, from the first days of filing through the Chapter 11 plan confirmation process.

Chapters cover:

• A primer on bankruptcy

• Rights to contract balances

• Post-petition financing and extensions

• Bond cancellation and renewals

• Third-party claims

• Minimizing the impact of the principal’s bankruptcy

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the surety’s Indemnity agreement: law and practice, second EditionMAriLyN KLiNGEr, GEorGE J. BAChrACh, ANd TrACEy L. hALEy, EdiTorS2008, Paperback, 665 pages, 6x9

This book delves into the legal analysis of the surety’s rights under the Indemnity Agreement, and the attached appendices cite numerous cases organized by each state or jurisdiction, as well as published and unpublished papers that concern the development and analysis of the surety’s rights under the Indemnity Agreement.

the restatement of suretyship and guaranty: a translation for the practitionerT. SCoTT LEo ANd dAVid MuNGALL, Jr., EdiTorS 2005, Paperback, 192 pages, 6x9

This book provides a clear discussion and outline of how the Restatement rules and commentary may impact the everyday surety law practitioner and surety company representative.

Content includes:

• Origin and overview of the restatement project

• The duties of the principal to the surety and the surety’s rights

• The surety’s rights of restitution and subrogration — setoff principles under the Restatement of the Law, Suretyship and Guaranty

• Suretyship defenses

• The effect on surety of obligee’s release of principal: A critical look at the rules in the Restatement

• Finding the duties of the obligee in the Restatement

• Multiple secondary obligors; cosuretyship and sub-suretyship under the Restatment of the Law (Third), Suretyship and Guaranty

• The statute of limitations, the effect of judgments in actions between the parties, legally mandated bonds, and miscellaneous provisions.

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contract bond surety’s subrogation rightsGEorGE J. BAChrACh, JAMES d. FErruCCi, ANd dENNiS J. BArTLETT, EdiTorS2013, Paperback, 768 pages, 6x9

This detailed and comprehensive book addresses the contract bond surety’s subrogation rights. The book flows from the general principles and required elements of the surety’s subrogation rights to the application of those rights in specific situations. The chapters address: (a) the basic issues and rights of the contract bond surety’s asserting its common law right to equitable subrogation, the treatment of the contract bond surety’s subrogation rights in the Restatement of the Law (third) Suretyship & Guaranty, and the parties’ rights to which the surety may assert its subrogation rights (Chapters 1-3); (b) the necessity of the principal’s default, the surety’s performance upon the principal’s default, and the surety’s notice of the assertion of its subrogation rights (Chapters 4-6); (c) the surety’s assertion of its subrogation rights to the bonded contract funds and other property in competition with the obligee, the principal, the principal’s subcontractors and suppliers, assignees/lenders, trustees and debtors in bankruptcy, taxing authorities and other governmental lien creditors, and the principal’s general and judgment creditors (Chapters 7-13); and (d) the surety’s subrogation rights to the obligee’s and principal’s common law and contractual setoff rights, the many issues involving the surety’s subrogation rights and claims against the federal government (including jurisdictional and substantive issues), and the surety’s assertion of its subrogation rights against third parties such as design professionals, lenders, insurers and others (Chapters 14-16).

This book is essential for both sureties and any other parties and their counsel competing with the surety for the bonded contract funds and other property.



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Financial Institution bonds, third EditionduNCAN L. CLorE, EdiTor2008, Paperback, 1,003 pages, 6x9

The third edition of Financial Institution Bonds represents the most comprehensive analysis available since the financial institution bond’s adoption in 1986.

Topics included in this valuable reference:

• A brief history of the financial institution bond

• Who is a covered “employee” under the financial institution bond

• Discovery of loss: the contractual predicate to the claim

• Forgery or alteration

• The loan exclusion

• Salvage

• The potential income and other exclusions

• An insured’s guide to effective claims investigation, presentation, and resolution

• Litigation strategies from the insured’s and insurer’s viewpoints

• A set of current and predecessor bond forms for ease of reference to readers

NEw! annotated Financial Institution bond, third EditionMiChAEL KEELEy, EdiTor2013, Paperback, 843 pages, 6x9

Fidelity bond claims remain heavily litigated as technology makes it easier than ever to counterfeit and create fraudulent and forged documents. The prevalence of electronic commerce has bred a whole new type of electronic thief, thus leading to cybercrime and resulting losses in addition to old fashioned methods of thievery.

Annotated Financial Institusiton Bond, Third Edition, examines very case construing the relevant provisions of the standard Financial Institution Bond. Previous annotations that were deemed to be of little or no relevance have been omitted, while noteworthy older cases remain. The annotations have been streamlined to include only those facts important to the stated holding of the case, and to limit the holding of each application to the section of the bond under discussion.

For ease of reference, the annotations follow the structure of the bond. At the end of the book is a separate chapter on important riders and miscellaneous topics, including the history of the bond, loss, causation, construction and interpretation, and retaliatory litigation. An appendix of bond forms and a table of cases is also included.

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loan loss coverage Under Financial Institution bondsGiLBErT J. SChroEdEr ANd JohN J. ToMAiNE, EdiTorS2007, Paperback, 720 pages, 6x9

This publication focuses on the often complex issues involved in loan loss claims and presents a comprehensive analysis of coverage for loan losses under financial institution bonds. Particular emphasis has been given to the practical and ethical issues confronting insurers, their counsel, and consultants when investigating, litigating, and resolving loan loss claims. Written by experienced fidelity bond specialists, this book provides an in-depth analysis of:

• Relevant insuring agreements

• Riders, and exclusions, as well as a detailed analysis regarding specific types of loan loss claims, issues related to the investigation of loan loss claims and related ethical issues, loss calculation and accounting issues, and the use of experts.

This book is a must-have for anyone dealing with loan loss claims under financial institution bonds.

commercial crime policy, second EditionrANdALL i. MArMor ANd JohN J. ToMAiNE, EdiTorS2004, Paperback, 730 pages, 6x9

Commercial Crime Policy, Second Edition, is the most comprehensive analysis available on the law of commercial crime insurance. Written by experienced fidelity industry specialists, this publication provides a complete textual analysis of significant developments in the law affecting fidelity policies and discusses important changes in policy forms. It is an essential resource for fidelity professionals, practitioners, and anyone concerned with the nature and scope of insurance covering fraud in the workplace.

Contents include:

• Interpretation and construction of the commercial crime policy

• The compensability of third-party losses

• Discovery – what is it, what does it do, and who must discover

• Exclusions in the Commercial Crime Policy

• Salvage and recovery

• Insured’s duty to cooperate

• And much more!

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annotated commercial crime policy, second EditionCoLE S. KAiN ANd LANA M. GLoVACh, EdiTorS2006, Paperback, 750 pages, 6x9

The second edition annotates every case construing the relevant provisions of the various standard forms of commercial crime policies. For ease of reference, the annotations are organized into chapters following the outline of a “standard” form of bond. The preliminary chapters address the history of commercial fidelity coverage, policy construction and interpretation, and loss and causation. Each chapter begins with the quotation of a relevant bond provision, followed by author comment. When appropriate, the authors note differences between the quoted bond form and other forms that are available in the marketplace.

• The United States Supreme Court

• The United States Circuit Courts of Appeal (organized by circuit)

• The United States District Courts (organized alphabetically)

• State courts (organized alphabetically and by highest to lowest court)

handling Fidelity bond claims, second EditionMiChAEL KEELEy ANd SEAN duFFy, EdiTorS2005, Paperback, 786 pages, 6x9

Handling Fidelity Bond Claims, Second Edition, is a valuable reference tool from the TIPS Fidelity & Surety Law Committee. It offers a comprehensive guide to this specialized area of law. Whether you are handling your first fidelity bond claim or have made your career doing so, you will appreciate the wealth of information focusing on the practical issues confronting insureds and insurers in the submission, investigation, and resolution of claims.

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NEw! professional liability to third parties, third EditionJAy M. FEiNMAN2013, Paperback, 438 pages, 6x9

Use Professional Liability to Third Parties, Third Edition to learn alternative methods that can be used to argue for or against third party liability issues.

Third parties such as lawyers, accountants, architects and other professionals can be held liable by those who rely on their expertise or claims. When individuals suffer injury from their negligence, they are able to pursue legal claims and seek damages.

Distinguished Professor of Law at Rutgers University, author Jay M. Feinman, aims to help both lawyers who analyze and argue third party cases and the judges who decide them. This book surveys the law and provides insight on economic loss, contract and tort law, and legal argument.

Topics include:

• Privity and near privity

• Third-party beneficiary law

• Negligence

• Misrepresentation



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Directors & officers liability Insurance Deskbook, third EditionMiChAEL r. dAViSSoN, MArTiN J. o’LEAry, EriC C. SChEiNEr, EdwArd G. SMErdoN, ANd JoSEPh M. SMiCK2011, Paperback, 258 pages, 7x10

Be it by enhancements or restrictions, the scope of D&O policy coverage has reflected the corporate events of the time – most frequently as outlined in case decisions interpreting the policy.

Topics include:

• Policy issuance

• Insuring agreements

• Trigger and scope of coverage

• Defense obligations

• Policy limits, retentions, and exclusions

• Settlement

• Allocation

• Policy termination and nonrenewability

• Coverage litigation issues

• Recent developments in D&O liability abroad



professional responsibility in litigationdouGLAS r. riChMoNd, BriAN E. FAuGhNAN, ANd MiChAEL L. MATuLA

2011, Paperback, 808 pages, 7x10

Trial and appellate lawyers face numerous challenges related to professional responsibility. These problems often arise suddenly or in circumstances that are at best difficult. The chapters of Professional Responsibility in Litigation are organized by tracing the life of a lawsuit from start to finish. The book begins with an examination of professional-responsibility issues attending pre-suit investigations and the initiation of litigation and concludes with a discussion of the professional responsibilities of appellate lawyers.

Chapters cover:

• Pre-suit investigation

• Co-counsel and referral relationships

• Surreptitious investigations and discovery

• Receipt and release of confidential information

• Ethics of e-discovery

• Expert witness conflicts of interest

• False testimony

• Lawyers as witnesses, and much more



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Intellectual property law and litigation: practical and Irreverent Insights EdwArd F. o’CoNNor2009, Paperback, 333 pages, 7x10

This irreverent but amusing and informative book is a combination of actual courtroom experiences and discussion of intellectual property law and litigation principles. It is written for intellectual property practitioners including prosecutors and litigators, in-house corporate counsel, and people in business who may not actually practice intellectual property litigation but who employ intellectual property litigators. In short, anyone who needs to be conversant with the fundamental principles and language of intellectual property law will benefit from—and enjoy —this book

tIps Membership

Focus your ABA membership on your specific practice with a Section membership in the Tort Trial and Insurance Practice Section (TIPS).

Whether you are a trial lawyer for plaintiff or defense, or counsel involved in insurance work, you will find that TIPS membership provides you with information, ideas, strategies, and contacts that will help enhance your career goals. As a member you will:

• Advance your career and get information on all sides of the issues. TIPS is the only national professional group that brings together plaintiffs’ lawyers, defense lawyers, and insurance and corporate counsel.

• Stay ahead of the curve with concise, comprehensive, and easy-to-read quarterly publications on trial tactics and developing areas of tort and insurance law.

• Tap into expert advice on day-to-day issues affecting your practice.

• Sharpen your skills with up-to-date, specialized CLE programs, on site and via teleconferences.

• Be the first to have the most current information on breaking news, recent cases, and articles through our electronic magazine, e-Dicta, and committee online newsletters.

If you are not yet a member of TIPS, gain a professional advantage and join for just $50.00 for ABA members.

Call 1-800-285-2221 or visit http://ambar.org/tipsmembership.

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NEw! Making partner: the Essential guide to Negotiating the law school path and beyondAdAM GroPPEr2013, Paperback, 86 pages, 6x9

Competition is tough and jobs are limited. Use Making Partner to learn strategies and tactics for achieving your career goals.

Making Partner provides practical information and specific advice about how to obtain a position at a top law firm of any size, including AmLaw 100 firms, and how to excel once you are there. The advice is given in the form of a step-by-step explanation of a highly effective and proven method used to secure a top law firm job. It also sets forth detailed best practices to follow to be a star associate on the fast track to partnership and a successful junior partner.

This book is recommended for law firm associates at all levels, as well as for students.

NEw! the Failing law FirmdAVid J. PArNELL2014, Paperback, 351 pages, 7x10

The Failing Law Firm will enable you to recognize the symptoms of a firm in trouble.

This book thoroughly examines the characteristics of a failing law firm and also serves as a reference that defines the attributes of a healthy firm. Direct language allows for little doubt or uncertainty about the diagnosis. By realistically facing your firm’s stability or lack of it, you can deal with the realities in a timely and fully informed way. A potential partner considering a lateral move to a prospective firm will benefit from a powerful gauge with which to measure the health of that firm.

Chapters of the book include:

• The anatomy of a failing firm

• Law firm governance, cultures, and leadership

• Working with a legal recruiter



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$139.95 General Public

$125.95 TIPS Members

the reference handbook on the commercial general liability policyTiPS iNSurANCE CoVErAGE LiTiGATioN CoMMiTTEE2010, Paperback, 455 pages, 7x10

In the commercial insurance industry, the Commercial General Liability (CGL) policy is the most prevalent product. CGL policies are the most common form of liability insurance purchased by both public and private sectors throughout the United States. And CGL policies are the most litigated insurance product in the marketplace. CGL policies provide the insured with the broadest spectrum of protection and, most importantly, they transfer to the insurer the risk of all liabilities for unintentional and unexpected personal injury or property damage arising out of the conduct of the insured’s business.

The reference handbook on the Commercial General Liability Policy provides concise overviews of the most salient points of CGL policies including: • The insuring agreement

• Who is the insured?

• Insured injuries

• Occurrence

• Damages

• Conditions

• Principal and business risk exclusions

• Duty to defend

• Bad faith, and much more

Misrepresentation in the life, health, and Disability Insurance application process: a National surveyJoSEPh M. hAMiLToN, EdiTor2009, Paperback, 560 pages, 7x10

Insurers have a right to require that those applying for insurance truthfully answer all questions contained in their application. But what happens when an application for life, health, or disability insurance contains misrepresentations or intentional concealment?

Practitioners in the area of life, health, and disability insurance will consult this book for information on misrepresentations in applications as well as the applicable case law interpreting relevant statutes and developing the common law regarding misrepresentations. Whether you represent insurers or insureds, the book covers the full gamut of issues arising in the application process, including what constitutes a misrepresentation, how a policy is appropriately rescinded, and the defenses that may be raised to contest a decision to rescind a policy.



ISBN: 978-1-60442-TBD Law ReferencePrice: $129.95PC: 5190444

Printed in the U.S.A.


Misrep

resentatio

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J O S E P H H A M I LT O N , E D I T O R

Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey

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Environmental liability and Insurance recovery dAVid L. GuEVArA, Ph.d. ANd FrANK dEVEAu, EdiTorS2012, Paperback, 632 pages, 6x9

Environmental Liability and Insurance Recovery is for the lawyer whose practice lies at the point where two areas of the legal profession—environmental law and insurance law—intersect. These areas of the law demand the mastery of an intricately involved set of concepts, definitions, rules, and regulations, all of which are continuously developing. Insightful clarification on the topic is provided, as well as the subset of the legal issues at the crossroads, namely, the many ways in which a party may be exposed to environmental liability and how insurance coverage may provide financial support for such liability.

Topics covered include:

• Statutory liability related to CERCLA, the Resource Conservation & Recovery Act, clean air and clean water acts

• Tort liability including nuisance, trespass, negligence, and strict liability

• The Commercial General Liability Policy

• Policy exclusions and defenses to coverage

• Environmental impairment liability insurance

the handbook on additional InsuredsTiMoThy A. diEMANd, JoSEPh G. GrASSo, MiChAEL MENAPACE, ANd ChArLES PLATTo, EdiTorS 2012, Paperback, 394 pages, 7x10

The fundamental purpose of additional insured coverage is to protect the additional insured from claims of vicarious liability, that is, liability based entirely on the relationship between two insureds, as opposed to any active negligence on the part of the additional insured. The contours, exceptions, nuances, and alternative approaches taken across the country and internationally have created the need for an all-inclusive resource for lawyers. The Handbook on Additional Insureds serves as that resource by addressing all aspects practitioners are faced with when dealing with this complex coverage.

Chapters include, but are not limited to:

• Definitions and comparisons of commonly used titles

• Common provisions

• Hold-harmless and indemnification agreements

• Memorializing status

• Development of common endorsements

• Subrogation and anti-subrogation

• Limits issues





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climate change and Insurance ChriSTiNA M. CArroLL, J. rANdoLPh EVANS, LiNdENE E. PATToN, ANd JoANNE L. ziMoLzAK 2012, Paperback, 238 pages, 6x9

Climate change has become a significant issue in scientific, political, and legal circles, and this may have profound implications for the insurance industry. More frequent catastrophic events such as floods, droughts, fires, and hurricanes, whether or not attributable to climate change, challenge the insurance industry’s ability to measure and predict risk. Climate Change and Insurance is the first publication of its kind and the definitive resource for anyone seeking to understand the complex risks and opportunities associated with climate change and its potential impacts on the insurance industry.

The book extensively covers the topic, including:

• Existing and emerging climate change-related litiga-tion

• Related issues such as sustainability, greenwashing, and greenbuilding

• Implications for commercial general liability (CGL), directors and officers (D&O), environmental liability, professional liability, and renewable energy–related policies

annotations to surplus lines statutes, Fifth Edition2010, Paperback, 210 pages, 7x10

The fifth edition of Annotations to Surplus Lines Statutes is the most comprehensive analysis of surplus lines statutes available. It provides lawyers with a concise, single-volume reference which covers state surplus lines statutes, their amendments, and regulations promulgated for all 50 states, the District of Columbia, Puerto Rico, and the Virgin Islands.

Contents include:

• Approval requirements

• Eligibility lists

• Coverage eligibility

• Filing and tax requirements

• Independent procurement as an alternative to the surplus lines law

• Service of process

• Surplus line association and stamping office information

• Policy issuance requirements

• Producer licensing



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NEw! the Insurance Fraud DeskbookBArry zALMA, ESq., CFE2014, Paperback, 638 pages, 7x10

The Insurance Fraud Deskbook is a valuable resource for those who are engaged in the effort to reduce expensive and pervasive occurrences of insurance fraud. It explains the elements of the crime and the tort to claims personnel, and it provides information for lawyers who represent insurers, so they can adequately advise their clients. Prosecutors and their investigators can use this book to determine what is required to prove the crime and win their case.

The full text of decisions from courts of appeal and supreme courts across the country are provided so the reader can understand what happens after the investigation is completed and can apply that information to undertake their own thorough investigations. It allows claims personnel and their lawyers to understand what errors would cause a defeat or a not-guilty verdict.

The effort to reduce insurance fraud requires the assistance of both civil and criminal courts. The Insurance Fraud Deskbook can help the prudent fraud investigator, insurance adjuster, insurance attorney, insurance Special Investigation Unit, and insurance company management to attain the information needed to deal with state investigators and prosecutors.

NEw! the bona Fide prospective purchaser Defense: a guide for lawyers

dAVid L. GuEVArA, Ph.d. ANd FrANK J. dEVEAu2013, Paperback, 388 pages, 7x10

CERLCA creates a significant barrier to the redevelopment of brownfield sites, as “parties can be held liable for the entire costs of cleanup, even if they purchased the property after the contamination occurred or were otherwise innocent parties.” As a result, developers have been forced to avoid the 450,000 brownfield sites nationwide.

The Bona Fide Prospective Purchaser Defense: A Guide for Lawyers encompasses the relevant guidance documents published by United States Environmental Protection Agency and provides analysis of the key judicial decisions interpreting the Brownfields Amendments. This information allows the practitioner who is dealing with such issues to have all of the resources he or she needs to advise a client. Even the most experienced practitioner will benefit from this book, as the issues and concepts associated with transactions involving contaminated properties have changed over the years and are continually evolving.

Chapters include:

• CERCLA and the bona fide prospective purchaser

• Disposal prior to acquisition

• Legally required notices

• Land-use restrictions and institutional controls

• Subpoenas and information requests

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NEw! adventure and the lawCECiL C. KuhNE iii2014, Paperback, 141 pages, 6x9

Adventure and the Law tells of 16 riviting cases surrounding extreme activities.

Cecil Kuhne’s new book, Adventure and the Law, is of interest to both thrill-seekers and those who like their adventure from an easy chair. Take a risk and delve into these fascinating adventures on land, water, and everywhere in between. See how all sorts of exciting ventures can change from thrilling to threatening and what happens when these instances go to the courtroom.

Mountain biking, water skiing, snowboarding, bungee jumping, car racing, skydiving—from recreational to extreme—this book reveals how real-life adventures can take a turn toward the unexpected. The question is, “How risky is too risky when it comes to getting that rush of adrenaline?”

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