Financial Litigation Specialties (Thursday)

Court is in Session: What Financial Experts Need to Know

Thursday, December 16, 2021 10:50 a.m. - 12:30 p.m. ET

Becoming a respected and effective expert in financial forensics and valuation requires extensive education, training, and experience. Our profession is fortunate to have a wealth of leadership, empirical evidence, standards, education, and continually evolving methodology to provide us with the tools to effectively serve our clientele. Often, however, financial experts are challenged and frustrated when they take the witness stand, give testimony about their opinions, and later learn that their best work has not been enthusiastically embraced by the triers-of-fact (judge or jury). In this session, Judges Driscoll, Platt, and Yates share their experiences with us and give us valuable insights on the dynamics of the judiciary, and how we can formulate our analysis, and our expert testimony so that it can be more useful to the trier-of-fact, more credible, and more persuasive.

  • List the primary obstacles that prevent many experts from giving their most credible testimony in court
  • Explain the testimony approaches used by the most effective experts
  • Describe the expectations of the triers-of-fact when listening to the testimony of financial experts
  • Analyze the ways that financial experts can be most persuasive and credible in their testimony

Total CPE: 2
Fields of Study: Business Law: 2
Program Level: Basic - Learning activity level most beneficial to individuals new to a skill or an attribute.

Who Should Attend:

Valuation Experts, Financial Forensics Experts, CPA’s, Financial Professionals, and Attorneys.

Prerequisites:

Previous training or experience with the fundamentals of accounting, finance, economics, and business writing. These individuals are often at the staff or entry level in organizations, although such programs may also benefit a seasoned professional with limited exposure to the area.

Advanced Preparation:

None

Michael Kaplan

Michael  Kaplan

CPA, ABV, CFF, CVA, MAFF

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Honorable Judge Timothy Sean Driscoll

Honorable Judge Timothy Sean  Driscoll

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Honorable Judge Steven I. Platt (Ret.)

Honorable Judge Steven I.  Platt (Ret.)

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Honorable Judge Christopher P. Yates

Honorable Judge Christopher P.  Yates

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Impact of COVID-19 on Causation

Thursday, December 16, 2021 2:40 p.m. - 4:20 p.m. ET

Most of us would like to put the COVID-19 pandemic behind us. But the pandemic's impact on businesses cannot be ignored. This session will discuss the importance of considering causation in a lost profits analysis and how COVID-19 has influenced financial statements in 2020 and 2021. In the end, questions to help experts in addressing causation and assessing its impact on an expert's calculations will be discussed.

  • Utilize questions to examine COVID-19's impact on the injured business claiming lost profits
  • Define causality and how COVID-19 may have caused some of the lost profits
  • Integrate the impact of COVID-19 on the injured business when assessing an expert's lost profits analysis 

Total CPE: 2
Fields of Study: Economics: 1, Finance: 1
Program Level: Intermediate - Learning activity level that builds on a basic program most appropriate for individuals with detailed knowledge in an area.

Who Should Attend:

CPAs, Attorneys, Business Valuation experts, Anyone estimating commercial damages in litigious situations

Prerequisites:

Previous training or research on subject matter being taught. Such persons are often at a mid-level within the organization, with operational and/or supervisory responsibilities.

Advanced Preparation:

None

Allyn Needham

Allyn  Needham

PhD

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Federal Rules for Testifying Experts and Proposed Updates

Thursday, December 16, 2021 4:40 p.m. - 5:30 p.m. ET

Forensic Experts who testify in court must be skilled not only in their technical disciplines but also in the jurisdictional rules that govern expert witnesses. In this session we will explore the Federal Rules of Evidence and Federal Rules of Civil Procedure and how they impact valuation and financial forensics experts. We will also explore some proposed changes to the federal rules.

  • List the ways that the Federal Rules of Evidence 702 and 703 shape the analysis, opinions, and- testimony of forensic experts
  • Describe the proposed changes to FRE 702 that are currently being explored.
  • Explain how the Daubert vs. Merrill Dow case and its progeny have impacted experts' need to be aware of the Federal Rules of Evidence

Total CPE: 1
Fields of Study: Business Law: 1
Program Level: Update - Learning activity level that provides a general review of new developments.

Who Should Attend:

None

Prerequisites:

Participants need a background in the subject area and desire to keep current.

Advanced Preparation:

None

Michael Kaplan

Michael  Kaplan

CPA, ABV, CFF, CVA, MAFF

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Terry Lloyd

Terry  Lloyd

CPA

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