Foundations of Litigation

Excelling in Litigation and Dispute-Related Valuations

Friday, June 25, 2021 10:45 a.m. - 12:25 p.m. ET

Preparing a valuation analysis can be difficult enough, let alone defending it against an opposing party questioning your every move. It is important for valuation experts to know how their valuations may be challenged by other experts and work to effectively address these issues pre-emptively. Presenters, Sean Saari and Bob Ranallo, discuss how to prepare yourself, and your valuation report, when you know your work will be subject to review and critique in a litigation or dispute setting.

After completing this session, attendees will be able to:

  • Describe the applicability of professional standards in litigation or dispute-related valuation engagements
  • Apply best practices in preparing valuation reports that will withstand critique from opposing parties
  • Recognize issues in opposing experts’ valuation reports

Total CPE: 2
Fields of Study: Accounting: 2
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:

Valuation experts and attorneys.

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

Sean Saari

Sean  Saari

CPA, ABV, CVA, MBA

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Robert Ranallo

Robert  Ranallo

CPA, ABV, CFF, JD

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Applying BV Review Standards to Damage Measurement Reporting

Friday, June 25, 2021 12:40 p.m. - 2:20 p.m. ET

This session will show how applying BV review standards to damage measurement reports can assist in the settlement process and, if settlement is not successful, provide the foundation for your rebuttal report. Should you represent the plaintiff, knowing the review report methodology will assist in your damages report writing and support for your opinions. The session will show how to apply the rules of civil procedure for damages review and rebuttal reports.

After completing this session attendees will be able to:

  • Identify areas in an opposing expert report that indicates lack of data or foundation for stated opinions
  • Recognize how to test assumptions against reality, e.g. ":counsel requested that I assume ..."
  • Define "proximate cause" issues. Although, in most cases, assumptions and proximate cause need to be proven at trial by counsel, the issues will arise at your deposition and trial

Total CPE: 2
Fields of Study: Accounting: 1, Business Law: 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:

Practitioners, CPAs and attorneys engaged in damage litigation.

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

P. Dermot O'Neill

P. Dermot  O'Neill

CPA, ABV, CVA, MAFF, ABAR

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Take Control in the Courtroom: How Powerful Direct Testimony can Neutralize Cross-Examination and Persuade the Jury

Friday, June 25, 2021 3:00 p.m. - 4:40 p.m. ET

Becoming a seasoned expert in business valuation financial forensics requires extensive education & training, and years of 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 how our expert testimony can be more credible, persuasive, and more likely to prevail in the battle of the experts. 

After completing this session, attendees will be able to:

  • 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
  • Discuss 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: Overview - Learning activity level that provides a general review of a subject area from a broad perspective.

Who Should Attend:

Valuation experts, financial forensics experts, CPAs, financial professionals, and attorneys.

Prerequisites:

None required. These overview programs may be appropriate for professionals at all organizational levels.

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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You Be the Judge: The Appraiser’s Role as Neutral or Trier of Fact

Friday, June 25, 2021 4:55 p.m. - 5:45 p.m. ET

An experienced appraiser’s skills can assist parties in disputes when the appraiser acts as an independent third party, such as a neutral, trier of fact, arbitrator, or mediator.  These roles can be initially challenging for people who are more comfortable dealing with numbers rather than resolving disputes. However, those skills can be developed. This session will help appraisers interested in Alternative Dispute Resolution (ADR) develop those skills by describing the different contexts and challenges, and giving some practical suggestions for appraisers who are willing to perform these roles.

After completing this session, attendees will be able to:

  • Identify the different ADR forums and the appraiser’s role in each
  • Identify the need for capable appraisers to assist all parties in resolving valuation disputes
  • Describe the differences between consultant/expert and neutral/trier of fact
  • Identify resources and processes to help in these assignments
  • Describe how to protect themselves and their work in these roles
  • Identify necessary supplemental skills outside of analytics
  • Decide if they want to accept assignments in these roles

Total CPE: 1
Fields of Study: Communications and Marketing: 1
Program Level: Advanced - Learning activity level that builds on a basic program most appropriate for individuals with detailed knowledge in an area.

Who Should Attend:

Professional analysts and valuators with deep experience in forensic and dispute resolution. Professionals with the mental/emotional willingness to serve as a neutral.

Prerequisites:

Good knowledge of topic and experience in the field. Advanced level programs are often appropriate for seasoned professionals within organizations; however, they may also be beneficial for other professionals with specialized knowledge in a subject area.

Advanced Preparation:

None

Terry Lloyd

Terry  Lloyd

CPA

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