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Monday, November 6, 2023

7:00 AM – 8:00 AM PST

Continental Breakfast and Vendor Display

7:00 AM – 5:30 PM PST

Registration Open

8:00 AM – 9:25 AM PST

FVC2301. Artificial Intelligence Amplified: Unleashing Hidden Value for Privately Held Companies

Chris Volz

- Partner | Wipfli LLP

Mark Stevens

- Principal | Wipfli LLP

In today's rapidly evolving business landscape, business leaders cannot misunderstand the power of Artificial Intelligence (AI) and automation. Explore with us, how AI and automation can translate into tangible business value for privately held companies. Through real-world examples and practical insights, participants will gain an understanding of how technology applications can significantly influence growth strategies, business operations, customer and employee engagement, and financial performance. Learn and explore with us the vast opportunities to discover hidden business value.


Learning Objectives:

  • Recognize definitions and applications of Artificial Intelligence use cases
  • Choose implementation paths for deploying automation and Artificial Intelligence
  • Compare and associate potential business value gains when companies use of Artificial Intelligence
  • Analyze ethical considerations and risks when deploying Artificial Intelligence

8:00 AM – 9:25 AM PST

FVC2302. Accountants on the Wrong Side and Accountants on the Right Side of Criminal Prosecutions

Aaron Arnzen

- Assistant United States Attorney | United States Department of Justice

Aaron Arnzen, current Assistant United States Attorney in the Major Frauds and Public Corruption Unit and former trial attorney at the SEC, will discuss high profile accounting and financial frauds that he has handled during his career with a focus on the contributions, both wrong and right, of accountants and forensic accountants.


Learning Objectives:

  • Recall circumstances that led to major accounting and financial frauds which resulted in criminal prosecutions of accountants and auditors
  • Identify the roles and actions of accountants and financial professionals that contributed to the crimes
  • Recognize how forensic accountants can assist government and private attorneys in prosecuting or defending claims associated with accounting and financial fraud cases

9:25 AM – 9:50 AM PST

Networking Break and Exhibits

9:50 AM – 11:05 AM PST

FVC2303. Closing thoughts on the Business Combinations Guide

Adam Smith

- Managing Director | PricewaterhouseCoopers

Mark Edwards

- Partner, Valuation Services | Grant Thornton LLP

Gary Roland

- Managing Director - Office of Professional Practice | Kroll

The presenters (who are members of the task force which developed the AICPA Accounting and Valuation Guide, Business Combinations) will discuss important changes made to the guide, in response to comments. The presenters will also discuss closing thoughts and main takeaways from the guide, which is soon-to-be released as final.


Learning Objectives:

  • Analyze the contents of the guide and apply them in practice
  • Apply ASC 805 and 820 to business combinations

9:50 AM – 11:05 AM PST

FVC2304. Update on Recent Valuation Cases

David Consigli

- Partner | FAZCPAs

Natalya Abdrasilova

- Director of Valuation & Litigation Services | Boyle, Deveny, & Meyer PC

This session will discuss recent court cases relating to valuation techniques and methodologies. The session will review the relevant details of recent cases and discuss how the cases may affect valuation professionals. The session will cover a variety of valuation cases including gift and estate tax, marital separation and shareholder disputes.


Learning Objectives:

  • Identify recent court cases that affect valuations
  • Analyze recent cases to identify pertinent valuation theories
  • Use valuation theory to discuss implications of recent court case decisions

9:50 AM – 11:05 AM PST

FVC2305. Into the Ether and Back Again: Tracing Cryptocurrency in Money Laundering

Thomas Regan

- Investigative Computer Specialist | Naval Criminal Investigative Service (NCIS)

Denise Harding

- Forensic Accountant | Naval Criminal Investigative Service

Denise Harding, Forensic Accountant, and TJ Regan, Cyber Intelligence Specialist, work together to trace funds through FinTech accounts, traditional financial institutions, and cryptocurrency. Using examples from their joint investigations at NCIS, they will provide transactions from PayPal, Zelle, CashApp, traditional checking and credit card statements, and Bitcoin and Ether blockchains to demonstrate the flow of funds from one platform to another. Mr. Regan will discuss requesting transaction information from cryptocurrency exchanges and current cryptocurrency obfuscation techniques, including peel chains, bridges, mixers, chain hopping, and decentralized exchanges. Ms. Harding will discuss the application of money laundering statutes and how different transaction types and patterns are indicative of money laundering.


Learning Objectives:

  • Assess transactions in traditional financial and FinTech institutions to identify potential use of cryptocurrency.
  • Identify and assess information needed to trace funds through cryptocurrency blockchains and to assist in cryptocurrency address attribution.
  • Interpret cryptocurrency tracing charts to evaluate use of cryptocurrency obfuscation techniques.
  • Assess and evaluate indicative patterns of money laundering within cryptocurrency transactions and when exchanging funds between financial platforms.

9:50 AM – 11:05 AM PST

FVC2306. Crypto Sleuthing for Forensic Accountants 201

Brian Koechner

- Partner | Sky Consulting

Attend this session to discover Ethereum based crypto assets and methods to trace them using open source tools. The presenter will illustrate how Ethereum based smart contracts and externally owned contracts can be used to identify ownership and other key attributes. Participants will gain an understanding of various crypto assets that can be explored through a variety of blockchain explorers.


Learning Objectives:

  • Identify and distinguish Ethereum based crypto assets
  • Interpret crypto asset transactional history through open source blockchain explorers
  • Analyze externally owned addresses and smart contract addresses through hands on interactive exercises.
  • Use open source tools to visual depict crypto asset transactions.

9:50 AM – 11:05 AM PST

FVC2307. Which Hat Am I Wearing - The Psychology of Client Management

Jolene Fraser

- Managing Director | Eisner Advisory Group LLC

Hubert Klein

- Partner | Eisner Advisory Group, LLC
As experts, we are responsible for complex accounting analyses , but we often find ourselves in a position of managing the human and emotional element of a stressful situation. We are more than just accounting experts, we are educators, process managers, anxiety counselors and objective truth-sayers. This session will discuss how to deal with difficult clients, navigate challenging situations and successfully manage client expectations, all while responding to case needs and meeting deadlines.

Learning Objectives:

  • Identify reasonable and appropriate responses in a variety of difficult client situations, and learn how and when to deliver them
  • Analyze a variety of tips and tricks of how to successfully manage client expectations including topics such as communications, billing and payment, and timing of deliverables
  • Distinguish the difference between managing difficult clients and the need to relieve a clients anxieties that are driven by a stressful situation

11:05 AM – 11:30 AM PST

Networking Break and Exhibits

11:30 AM – 12:45 PM PST

FVC2308. Supporting Company Specific Risk and Reconciliation under ASC 805

Ross McSwain

- Senior Manager - Advisory Services | Grant Thornton

Charles Gallman

- Managing Director - Advisory Services | Grant Thornton LLP

Maryellen Galuchie

- Managing Director | Grant Thornton

The presentation will provide participants with an overview of current challenges for transaction-related valuations under ASC 805, with a focused dive into quantifying company-specific risk premiums and reconciling WACC, WARA, and IRR.


Learning Objectives:

  • Determine the changes that can be made to sensitize prospective financial information
  • Calculate a derisked PFI/forecast against peer data to support the company-specific risk premium
  • Analyze the relationship between WACC, WARA, and IRR for the implication to deal economics
  • Identify changes that can be made to reconcile WACC, WARA, and IRR, if needed

11:30 AM – 12:45 PM PST

FVC2309. Insights and Strategies to Navigate Common Issues in Business Valuation (repeated in #FVC2340)

Paris Powell

- Shareholder, Business Valuation Practice Leader | Perkins & Co

Andrew Baum

- Partner | Harper Hofer and Associates, LLP

Jessica Landay

- Partner | Harper Hofer & Associates, LLC

Asif Charania

- Senior Manager | Keiter Stephens Hurst Gary & Shreaves,P.C.

A panel of BV Professionals share insights and alternative viewpoints regarding common issues and challenges encountered in various aspects of the appraisal process, with discussions ranging from engagement management to nuances encountered in estate and gift, compliance, divorce, M&A, and litigation. The panel will share experiences from the front lines as they unveil triumphs and missteps they have encountered throughout their journey.


Learning Objectives:

  • Compare and contrast the processes between different types of engagements
  • Analyze areas of professional judgment and bias that can influence the engagement
  • Identify and assess errors in the application of market, income, asset approach

11:30 AM – 12:45 PM PST

FVC2310. Preparing for Tomorrow’s Workforce

Charles Wilhoite

- Managing Director | Willamette Management Associates - A Citizens Company

Brenda Wamala

- Manager | Blue & Co., LLC

Rumbi Petrozzello

- Head of Strategy, Consulting | Seramount

Kirstine Fors

- Partner | Gross Mendelsohn & Associates

Karolina Calhoun

- Vice President | Mercer Capital

This session will focus on strategies related to building the workforce of tomorrow. Specifically, the panel will address the current state of the talent pipeline in valuation and forensic specialties and the evolution of today’s workface. The panel will explore how firms can increase success with recruiting new talent as well increase engagement with existing talent. In addition, the panel will explore the role of DEI programs in support of these efforts and discuss sample metrics organizations are establishing to track DEI progress.


Learning Objectives:

  • Identify existing challenges and roadblocks that have limited the pipeline of talent in the valuation and forensic specialties
  • Recognize ways that firms can adjust to the rapidly changing needs and demands of today’s workforce, including how DEI efforts could improve a firm’s success
  • Choose new ways to increase engagement with existing talent and prepare them for leadership roles
  • Analyze sample metrics organizations are establishing to track DEI progress

11:30 AM – 12:45 PM PST

FVC2311. Start Your Forensic Accounting Practice With Confidence

Frank Previti

- Director of Fraud, Forensics & Transaction Advisory Services | DiSanto Priest & Co.

Jennifer Oyadomari

- President | Forensic Solutions LLC

Jordan Graves

- Principal | Cooper Norman CPA's

Kenneth Rugeti

- Senior Managing Director | FTI Consulting

Attend this session to hear from a panel of experts who have experienced the challenges and rewards of starting their own forensic accounting practices. Our presenters will share with you the technical skills and non-technical skills that you should consider before starting your own practice. Participants will gain an understanding of the various areas of practice development that should be considered in order to confidently and successfully begin a forensic accounting practice.


Learning Objectives:

  • Recognize the need to develop a strong forensic accounting reputation
  • Recognize the need to build a network and develop your skillset
  • Identify challenges that may arise when starting a forensic accounting practice
  • Identify your specific characteristics that will set your brand apart, help you find your niche, and identify your target market

11:30 AM – 12:45 PM PST

FVC2312. Best Practices for Preventing Business Valuation, Forensic, and Litigation Support Claims

Duncan Will

- Accounting & Auditing Loss Prevention Specialist | CAMICO Mutual Insurance

This presentation focuses on risk management best practices when conducting forensic accounting, business valuation and litigation support services. The session offers lessons gleaned from CAMICO’s decades-long history defending CPAs from claims and provides important dos and don’ts to protect CPAs and their clients. Participants will learn risk management steps and testifying tips to reduce or avoid professional liability exposure when practicing in these arenas.


Learning Objectives:

  • Identify risk management best practices when providing forensic accounting, business valuation, and litigation support services
  • Recall important dos and don’ts to protect CPAs and their clients during forensic, business valuation, and litigation support engagements
  • Recognize risk-based lessons learned from CAMICO claims history

12:45 PM – 1:45 PM PST

Luncheon

1:45 PM – 3:00 PM PST

FVC2313. Employee Stock Option Plans - What Are They, How They Work, and Why You Should Care

Greg Weiss

- Partner | Harper Hofer & Associates, LLC

Employee Stock Ownership Plans (ESOPs) present a tremendous opportunity for CPA firms. Whether it is consulting, valuation, audit, or tax work, CPA firms will benefit from developing a knowledge-based ESOP practice. Class attendees will gain an understanding of ESOPs and how services they already provide can be tailored to this grow niche.


Learning Objectives:

  • Identify the different stages of an ESOP’s lifecycle.
  • Determine what services ESOPs need at each lifecycle stage.
  • Apply professional expertise to help ESOPs succeed.

1:45 PM – 3:00 PM PST

FVC2314. Compliance Valuations and IRS's New $80 Billion Army

Michael Gregory

- Founder | Michael Gregory Consulting, LLC

The IRS was to receive $80 billion dollars and add 87,000 employees over the next 10 years. This has been reduced by $20B. Mike takes a look at the IRS strategic plan, public information available from the Treasury Department and IRS, and shares with you his insights of what this may mean overall and with a specific look in more detail at the IRS Engineering Program where the business valuers are located as an example of implementation.


Learning Objectives:

  • Identify key elements of the IRS strategic plan
  • Differentiate key elements of the plan with potential implications
  • Analyze current hiring plans and implications
  • Apply neuroscience insights to promote collaboration

1:45 PM – 3:00 PM PST

FVC2315. Data Modeling Made Easy: Supercharge Your Excel Spreadsheets

Adam Karasick

- Senior Manager, Forensic Accounting & Data Analytics | EisnerAmper

Travis Armstrong

- Partner | Hemming Morse, LLP

You don’t need a computer science degree to build a database for a complex data analysis. In this hands-on session, learn how to unlock Excel’s under-utilized data transformation and data analysis capabilities. With Excel’s Power Query and Power Pivot, you can perform more advanced tasks including data modeling, automation and business intelligence. Unlock Excel’s big data capabilities, where millions of lines of data can be loaded into a single spreadsheet.


Learning Objectives:

  • Analyze when and why to leverage Excel’s Power Query and Power Pivot for data analysis
  • Distinguish among the many capabilities of these tools, and determine what resources you can leverage to learn more
  • Apply use cases for these tools and what differentiates them from the other methods of data analysis

1:45 PM – 3:00 PM PST

FVC2316. Shining a light on the dark side of ESG reporting and practices

Becky Seidler

- Partner, Forensic & Dispute Advisory Services | National Dispute Advisory Services Leader | KPMG LLP

Tony Lam

- Manager | KPMG LLP

Attend this session to learn how the brighter spotlight on Environmental, Social, and Governance ("ESG") topics is relevant to forensic accountants. The presenters will explore how the various elements of the fraud diamond (incentive, opportunity, rationalization and capability) apply to ESG reporting and practices and can increase the risk of ESG related fraud, as well as how practitioners can assist in responding to allegations or suspicions of ESG related fraud or misconduct.


Learning Objectives:

  • Identify types of ESG related frauds
  • Recognize new fraud risks that may arise due to the increased focus on ESG metrics
  • Recall how to conduct effective ESG related fraud investigations
  • Identify leading practices to prevent ESG related fraud

1:45 PM – 3:00 PM PST

FVC2317. Improving the Presentation of Expert Opinions at Trial

David Sugden

- Call & Jensen

Kenneth Rugeti

- Senior Managing Director | FTI Consulting

While forensic accountants and damages experts may feel right at home with numbers and complex analyses, judges and juries do not. This presentation will focus on differences between expert analysis, reports and deposition testimony on the one hand, and effective trial testimony on the other. The session will include mock testimony demonstrating ineffective and effective approaches to educating the trier of fact.


Learning Objectives:

  • Contrast ineffective and effective trial testimony
  • Formulate a testimony outline that focuses on maintaining attention and trust
  • Asses which testimony is necessary for direct examination and which should be left for cross examination/redirect

3:00 PM – 3:25 PM PST

Networking Break and Exhibits

3:25 PM – 4:15 PM PST

FVC2318. Current Trends in Portfolio Valuation

Sumeet Bhatnagar

- Managing Director | KPMG

Antonella Puca

- Partner | BlueVal

The alternative asset management industry has experienced significant growth over the past decade with current assets under management estimated to be more than $14 trillion. Valuation of such portfolio company investments present unique challenges in an ever-changing marketplace. In this webinar, we’ll examine the current industry trends and best practices regarding the valuation of investments in both equity and debt instruments of privately held enterprises for complying with ASC 946, Financial Services – Investment Companies, and applying ASC 820, Fair Value Measurement.


Learning Objectives:

  • Identify current market environment challenges in valuing portfolio company investments
  • Compare public and private investment valuations
  • Apply appropriate valuation methodologies for the valuation of equity and debt instruments of privately held enterprises
  • Identify industry best practices for the valuation of portfolio company investments

3:25 PM – 4:15 PM PST

FVC2319. Keeping Reasonable Compensation Reasonable

Jordan Graves

- Principal | Cooper Norman CPA's

Jessica Landay

- Partner | Harper Hofer & Associates, LLC

This session will focus on understanding reasonable compensation adjustments in business valuation. We will discuss the various methods for calculating reasonable compensation, identify available sources of information to use when performing your calculation, as well as applying professional judgement in determining when an adjustment is warranted.


Learning Objectives:

  • Recognize when to consider/apply reasonable compensation adjustments
  • Identify methods for determining reasonable compensation
  • Distinguish between sources for reasonable compensation

3:25 PM – 4:15 PM PST

FVC2320. Identifying and Mitigating ESG-related Litigation and Enforcement Risk and Exposure

Beth Jones

Tara Giunta

- Partner | Paul Hastings LLP

ESG and Sustainability continues to be a rapidly developing body of issues and regulation impacting companies globally. Across the enterprise, boards and management are balancing the risks and opportunities by evaluating and implementing strategy aligned to value proposition, ensuring compliance with ESG-related regulation, and engaging with myriad stakeholder expectations and demands, among other actions. ESG covers a broad array of environmental, social and governance topics, many of which create divides across geographic and political lines, and almost weekly there are new regulatory developments across the globe. So many that it can be challenging to keep up with the requirements and then evaluate how compliance impacts an organization. And managing stakeholder expectations and demands sometimes exposes an organization to litigation – for example, social or environmental justice – or activist activity. This session explores ESG-related enforcement and litigation risks and trends that organizations are exposed to in today’s environment and the actions that organizations are taking to mitigate the risk.


Learning Objectives:

  • Identify ESG-related regulation risks and trends in the US, including those emerging from the Security and Exchange Commission’s proposed (or adopted) climate-related and other ESG-related rules; the Federal Trade Commission’s Green Guides on “green” marketing; New York and California state laws on transparency and reporting requirements for certain ESG issues and industries; and other emerging regulation
  • Compare ESG-related regulation in the US to similar developments in other parts of the world, including other major financial markets, and evaluate how organizations are keeping up and managing compliance
  • Identify sources of ESG-related litigation and enforcement risk in the US, including from the Securities and Exchange Commission Division of Enforcement’s Climate and ESG Task Force, the rise of class action lawsuits based on ESG claims, environmental justice trends and social justice trends
  • Recognize the impact of the anti-ESG movement in the US, including activist investor actions against organizations and how differing policy at the state and Federal level may impact an organization

3:25 PM – 4:15 PM PST

FVC2321. Waste Not, Want Not?

Jenny Allen

- Partner | Anthem Forensics

Karolina Calhoun

- Vice President | Mercer Capital

This presentation will discuss considerations when quantifying marital waste, also known as dissipation. In this session, we will review best practices in planning the process, analyzing the numbers, and communicating findings. We will also dive into case study examples.


Learning Objectives:

  • Differentiate between marital waste and living expenses
  • Identify the analyses and techniques necessary to support the calculation of marital waste
  • Compare definitions/thresholds of marital waste amongst different states

3:25 PM – 4:15 PM PST

FVC2322. Proposed Amendments to Federal Rules of Evidence 702 and its Potential Impacts on the Admissibility of Expert Testimony

Adam Rabinowitz

- Principal and Practice Leader | Kaufman Rossin & Co.

The Judicial Conference Committee on Rules of Practice and Procedure approved amendments to Federal Rules of Evidence 702 (FRE 702), which are intended to clarify misunderstandings and misinterpretations of FRE 702 among different U.S. district courts. In this session, we will discuss the potential impacts of these amendments on the admissibility of expert testimony and will examine specific cases that highlight the variations in how different courts have applied FRE 702.


Learning Objectives:

  • Identify the proposed amendments to FRE 702 and recognize the reasons for the amendments
  • Compare specific court cases to illustrate the variations in the application of FRE 702 by different courts
  • Analyze the potential consequences of the FRE 702 amendments on the admissibility of expert testimony

4:15 PM – 5:15 PM PST

Reception & Exhibits

Tuesday, November 7, 2023

6:30 AM – 8:00 AM PST

Continental Breakfast and Exhibits

6:30 AM – 5:30 PM PST

Registration Open

8:00 AM – 9:15 AM PST

FVC2323. FVS Forum

Austin Lee

- Partner | BDO USA

Maryellen Galuchie

- Managing Director | Grant Thornton

Lynda Schwartz

- Director of Forensic Curriculum | University of Massachusetts Amherst

Bethany Hearn

- Principal | CLA

Kenneth Rugeti

- Senior Managing Director | FTI Consulting

In alignment with our 5-year strategic plan, this forum will highlight the key projects, initiatives and advocacy efforts that the FVS Executive Committee, FLS Committee, BV Committee, CFF Committee and ABV Committee have accomplished this past year.


Learning Objectives:

  • Identify current resources, technical guidance and educational opportunities to help advance their skills and support client engagements
  • Recognize initiatives in alignment with the 5-year FVS Strategic Plan
  • Identify how the Association, specifically the FVS Section, supports the work and interests of the members
  • Recall CFF and ABV credential initiatives and determine how members can get involved

9:15 AM – 9:40 AM PST

Networking Break and Exhibits

9:40 AM – 11:15 AM PST

FVC2324. Awards Presentation (Standing Ovation and Volunteer of the Year) and Opening Remarks| KEYNOTE: Reset Moments: Empowering Success

Penny Zenker

- The Focusologist | The Focusologist

With employee disengagement and turnover rates at an all-time high, it is crucial for organizational leaders to address the growing problem and prioritize improving engagement and employee retention. Penny will share her Reset Moment Framework can be implemented to more effectively manage expectations and create a nurturing a workplace culture that encourages growth and development while offering flexibility. Creating a Reset culture will foster a thriving environment that engages and retains valuable employees.


Learning Objectives:

  • Recognize the Problems we face in today's workforce
  • Apply Reset Moments and The Reset Practice to Engaging and Retaining Staff
  • Identify different personality types, generations and personal preferences and how to better engage them
  • Use a more adaptive leadership style to effectively lead todays multigenerational population

11:40 AM – 12:30 PM PST

FVC2325. Hybrid Method and common 409A valuation pitfalls

Jared Hannon

- Director | Grant Thornton LLP

Oksana Westerbeke

- Principal - CFO Advisory | Grant Thornton LLP

During this session, we will quantitatively demonstrate typical issues with the “traditional” OPM. Specifically, we will analyze situations where application of the “traditional” OPM results in non-meaningful yields for preferred stock and overestimation of the liquidation preferences for the senior preferred stock. We will also discuss the application of the Hybrid Method to address the issues with the “traditional” OPM or situations where the outcome is bimodal.


Learning Objectives:

  • Determine the use of the “traditional” OPM with senior financing round
  • Recognize the issues with the “traditional” OPM
  • Recognize the situations where the Hybrid Method is appropriate
  • Apply the Hybrid Method in a scenario where the outcome is bimodal

11:40 AM – 12:30 PM PST

FVC2326. The New Normal: Cost of Capital in a Higher Interest Rate Environment

Jim Harrington

Carla Nunes

- Managing Director | Kroll

While 2022 began with a new record high for the S&P 500 index, optimism quickly faded, with the index collapsing 19% by year-end (in price terms). Russia invaded Ukraine in February 2022, U.S. inflation reached a 41-year record high in June 2022, and the Federal Reserve (Fed) embarked on one of its most aggressive rate hiking cycles in history. Equity markets have recovered most of their losses in 2023, but there is still uncertainty on whether the Fed will achieve a soft landing for the U.S. economy, as it continues to raise interest rates. These headwinds mean that companies are now facing a higher cost of capital that matches the levels last seen during the 2008-2009 Global Financial Crisis. Our session will unpack the latest economic and financial market developments that have an impact on valuations and cost of capital estimates.


Learning Objectives:

  • Identify the current U.S. economic and financial market conditions that may have an impact on cost of capital estimates
  • Analyze the effect of a higher inflationary environment on U.S. real GDP growth projections and repercussions on a company's projected revenue growth and profit margins
  • Compare major central banks policies of “higher for longer” and how they are changing the expectations for future discount rates
  • Determine the impact of higher interest rates on cost of debt and cost of equity estimates

11:40 AM – 12:30 PM PST

FVC2327. Leveraging the new Fraud Risk Management Guide in your Practice

Lynda Schwartz

- Director of Forensic Curriculum | University of Massachusetts Amherst

Jonathan Marks

- Partner - Forensic & Investigation Services | BDO
In May 2023, COSO published the second edition of the Fraud Risk Management Guide, updating the original 2016 edition. Key updates include mor resources focused on the linkage between fraud risk management and deterrence, expanded information on internal controls, and data analytics. The session will focus on how this widely accepted set of leading practice for anti-fraud professionals can be leveraged in forensic engagement, including litigation matters, in investigations, and in strengthening anti-fraud controls systems.

Learning Objectives:

  • Identify the principles and points of focus of a strong fraud risk management program, as articulated in COSO’s Fraud Risk Management Guide (FRMG)
  • Recognize potential applications of FRMG in litigation settings involving fraud events and assessment of anti-fraud controls
  • Recognize potential applications of FRMG in investigation settings
  • Apply FRMG principles and points of focus in client settings

11:40 AM – 12:30 PM PST

FVC2328. What’s the cause?

Greg Weiss

- Partner | Harper Hofer & Associates, LLC

When calculating economic damages, the expert witness must segregate losses caused by the alleged bad act from losses resulting from other factors. Attendees will learn how Cause fits into proving economic damages, how they can evaluate what caused the losses, and how their work is essential in helping the trier-in-fact reach the proper conclusion.


Learning Objectives:

  • Assess losses to determine the likely cause
  • Evaluate losses caused by the alleged bad act
  • Formulate and communicate damages caused by the alleged bad act

11:40 AM – 12:30 PM PST

FVC2329. Data Visualization Made Easy: Unlocking Your Inner Artist

Adam Karasick

- Senior Manager, Forensic Accounting & Data Analytics | EisnerAmper

You don’t need to go to art school to learn how to design your first dashboard. In this session, learn some of the fundamental concepts that will allow you to design and develop your first business intelligence report. Understanding key “data viz” concepts will enable you to tell stories with your data, an important element in delivering insights and information to visual learners. Take your expert reports and exhibits to the next level with data visualization.


Learning Objectives:

  • Evaluate the landscape of applications and tools for implementing data visualization
  • Apply best practices of effective data visualization to clearly and concisely present complex data
  • Apply basic concepts that will equip you with the skills to start your data visualization journey

12:30 PM – 1:30 PM PST

Luncheon

1:30 PM – 2:45 PM PST

FVC2330. Goodwill Impairment Testing – Challenges in a Volatile Market

Ross McSwain

- Senior Manager - Advisory Services | Grant Thornton

Charles Gallman

- Managing Director - Advisory Services | Grant Thornton LLP

The presentation will provide participants with an overview of several challenges in goodwill impairment testing. We will address reconciliation of reporting unit fair value conclusions with publicly-traded market capitalization, calibrating company-specific risk premium, and discussion on trigger events in private companies.


Learning Objectives:

  • Interpret the disconnects between fair value and market pricing currently driven by economic uncertainty
  • Reconstruct the steps of market capitalization reconciliation
  • Evaluate a derisked PFI/forecast against peer data to support the company-specific risk premium
  • Assess factors driving company-specific risk by reporting unit
  • Assess company trends and factors for potential trigger events
  • 6 - DELETE THIS

1:30 PM – 2:45 PM PST

FVC2331. Regulatory Insights into the Valuation Industry

Adam Smith

- Managing Director | PricewaterhouseCoopers

Carla Nunes

- Managing Director | Kroll

Scott Taub

- Managing Director | Financial Reporting Advisors LLC

This panel brings together former senior management level veteran financial regulators now employed in the private sector, as well experienced valuation experts. They will discuss regulatory motivations behind the foundation ASC 820, SEC Rule 2a-5, and/or other ASUs and EITFs that continue to affect the valuation industry today. They will interact on some of the thorny financial reporting issues that are keeping preparers, auditors, and valuation professionals up at night when it comes to fair value measurements and those on the horizon (e.g., ESG).


Learning Objectives:

  • Understand the current state of markets and how they impact the areas on which standard setters are focused
  • Recognize future financial reporting and regulatory changes that will have an impact on valuations
  • Identify current and upcoming developments for funds and how they may affect fair value measurements and valuation practices

1:30 PM – 2:45 PM PST

FVC2332. Litigation Talk Series - When Key Information or Data is Not Available (continued in #FVC2337)

Nick Landera

- Managing Director | Eisner Advisory Group LLC

Nicole Lovelock

Jolene Fraser

- Managing Director | Eisner Advisory Group LLC

Travis Armstrong

- Partner | Hemming Morse, LLP

This session will explore the perspectives of both experts and counsel in situations when key information or data needed for a forensic accounting or damages analysis is either not available or unreliable. Panelists will discuss case examples, court opinions and practical experiences. Attendees will learn tips and advice on how to apply panelists experiences to their own cases.


Learning Objectives:

  • Apply strategies with counsel to take a proactive approach to avoid data and information deficiencies
  • Identify best practices for evaluating and responding to incomplete or unavailable information
  • Evaluate approaches used in real case examples to mitigate criticisms of missing, unavailable and incomplete information

1:30 PM – 2:45 PM PST

FVC2333. A Case Study in How to Avoid Speculative Damages Models Involving Complex Contracts

Dirk Paloutzian

- Sharehold | Baker Manock & Jensen, PC

Stuart Harden

- Partner | Hemming Morse, LLP

In this breach of contract case study, our presenters discuss tips and recommendations for developing and executing a strategy to present both lost profits and disgorgement damages effectively to a jury. Participants will gain an understanding of how to analyze a breach of contract case for a plaintiff from the perspectives of both parties to the contract.


Learning Objectives:

  • Apply opinions of experts from other disciplines in damage models
  • Determine how to avoid speculation in damage models
  • Distinguish key elements of complex damage presentations

1:30 PM – 2:45 PM PST

FVC2334. Aligning Your Damage Calculation to the Claims for Relief

Greg Regan

- Partner | Hemming Morse

David Sugden

- Call & Jensen

Ok. You have read the Complaint and now you think you understand the nature of the action and what is expected of you. But wait, are there multiple defendants? Are there multiple claims? Are damages really the same for each defendant? For each claim? During this session, we will explore best practices for experts to work with counsel to address these issues before you issue your report or testify.


Learning Objectives:

  • Assess when damages may differ amongst legal claims or defendants.
  • Evaluate the intersection between the know-how of counsel on legal considerations and the damages expert on allocation considerations.
  • Interpret the financial aspects of the analysis from the legal aspects

2:45 PM – 3:10 PM PST

Networking Break and Exhibits

3:10 PM – 4:25 PM PST

FVC2335. Project Finance and International Trade Valuation & Advisory: Essentials, Trends and How it Compares and Contrasts with Private Equity

Justin Kuczmarski

- President | NAV Valuation & Advisory LLC

Alternative investment valuation expert Justin Kuczmarski, CPA/ABV/CEIV/CFF, will present the core essentials of project finance and international trade valuation. He will focus on the asset category's valuation best practices, the latest trends in cross-border finance, and global capital flows. Mr. Kuczmarski will also detail how this oft-overlooked investment management area compares with traditional private equity.


Learning Objectives:

  • Reconstruct project finance as a subset of corporate finance and project finance investment management focusing on key essentials
  • Interpret project finance valuation considerations and key differences from a traditional business valuation
  • Assess global investment trends and how infrastructure and projects are gaining asset allocation across alternative investment funds
  • Contrast project finance to other asset categories, including private equity, private credit, and venture capital

3:10 PM – 4:25 PM PST

FVC2336. Dealing with Real Estate in Valuation of Operating Entities and Real estate Holding Companies

Chris Volz

- Partner | Wipfli LLP

Lisa Cribben

- Partner, Valuation and Transaction Services | Hawkins Ash CPAs

There are special nuances to dealing with real estate in the valuation of either an operating company or a real estate holding company. In an operating company, there are multiple ways to treat real estate including treating it as a operating asset or treating it as a non-operating asset. Depending on how you treat the real estate could have an impact on the overall value you derive for the business. In addition, when valuing an entity that owns and rents real estate, the process is different from how you would treat real estate in an operating entity. This session will identify the different considerations in how real estate is treated in an operating entity and a real estate holding company and some considerations on how deferred tax can be treated when the fair market value is different from the tax basis.


Learning Objectives:

  • Identify the different options for treatment of real estate in operating entities and holding companies
  • Compare the treatment of real estate in the different approaches (Income, cost and market)
  • Compare the differences in value if real estate is treated as an operating asset versus nonoperating asset
  • Analyze the tax implications when assessing the fair market value of real estate (deferred tax upon sale, etc.)

3:10 PM – 4:25 PM PST

FVC2337. Litigation Talk Series - How to Handle Surprise or Contradictory Data or Information in Deposition or Trial - (continuation of #FVC2332)

Erika Turner

- Attorney | Garman Turner Gordon, LLP

Adam Rabinowitz

- Principal and Practice Leader | Kaufman Rossin & Co.

Jolene Fraser

- Managing Director | Eisner Advisory Group LLC

Elizabeth Dean

- Managing Director | Alvarez and Marsal

In this session, participants will hear from panelists case examples of how to respond to surprise or contradictory data and information presented during a deposition or at trial. Panelists will discuss practices that participants can implement and adapt to their own experiences. Participants will learn best practices on how to respond during testimony to these often uncomfortable situations.


Learning Objectives:

  • Compare approaches used in real case examples to mitigate unexpected situations presented during testimony
  • Identify best practices for responding to hypothetical scenarios or contradictory
  • Analyze testimony strategies the will best protect an expert's credibility when faced with conflicting or inconsistent information during testimony

3:10 PM – 4:25 PM PST

FVC2338. The Use and Impact of Forensic Accounting on Guidelines Income for Family Law / Matrimonial Disputes

Jean-Charles Plante

- Director | RSM Canada

This session will focus on how a forensic accountant and forensic accounting procedures and techniques can be used for guidelines income for family law purposes. Through the use of a case study we will discuss common fact patterns that demonstrate the impact of certain adjustments on income calculations.


Learning Objectives:

  • Identify specific forensic accounting techniques to apply in a family law engagement
  • Recognize common fact patterns

3:10 PM – 4:25 PM PST

FVC2339. Shoot the Moon: When Fraud Kills Your Company – Chapter 11 Turnaround & Restructuring Uncovers Fraud Resulting in Failed Franchisee and Jail Time for Owner

Jerry Foster

As liquidating trustee, Jeremiah Foster and Resolute were tasked with winding down Shoot the Moon, a three-state, fifteen franchise restaurant group. Forensic accounting uncovered sources and uses of funds over a five-year period revealing a kiting scheme, Ponzi scheme, and merchant cash advance lending activities. Hear Mr. Foster walk through the case study, highlighting the process, role, and fiduciary duties of a trustee.

Learning Objectives:

  • Identify the most common financial and accounting-related goals in CH. 11
  • Recognize the critical role that a 13-week cash flow plays in cash collateral approval and operational funding needs
  • Identify how forensic accountants assist trustees in preference claims litigation and claw-backs
  • Identify and discuss Kiting and Ponzi scheme analyses performed by forensic accountants
  • Interpret the Chapter 11 363 Sale Process
  • Interpret the landmark decision ruling achieved by the Trustee relating to the structure of Merchant Cash Advance Loans v. Accounts Receivable Factoring Contracts

Wednesday, November 8, 2023

6:30 AM – 8:00 AM PST

Continental Breakfast and Exhibits

6:30 AM – 1:00 PM PST

Registration Open

7:00 AM – 8:15 AM PST

FVC2340. Insights and Strategies to Navigate Common Issues in Business Valuation (repeat of #FVC2309)

Jordan Graves

- Principal | Cooper Norman CPA's

Monica Caswell

- President | Forensic Accountants & Consultants, P.A.

Jessica Landay

- Partner | Harper Hofer & Associates, LLC

Ethan Lee

- Partner, Valuation and M&A Advisory | Hemming Morse, LLP

A panel of BV Professionals share insights and alternative viewpoints regarding common issues and challenges encountered in various aspects of the appraisal process, with discussions ranging from engagement management to nuances encountered in estate and gift, compliance, divorce, M&A, and litigation. The panel will share experiences from the front lines as they unveil triumphs and missteps they have encountered throughout their journey.


Learning Objectives:

  • Compare and contrast the processes between different types of engagements
  • Analyze areas of professional judgment and bias that can influence the engagement
  • Identify and assess errors in the application of market, income, asset approach

7:00 AM – 8:15 AM PST

FVC2341. Valuation of private company SAFEs, convertible debt, and embedded derivatives

Jared Hannon

- Director | Grant Thornton LLP

Oksana Westerbeke

- Principal - CFO Advisory | Grant Thornton LLP

This presentation will focus on the best practices as it relates to the methodologies used in the valuation of SAFE agreements, debt which is convertible into next round of equity financing, and related embedded derivatives for financial reporting purposes for both GAAP and IFRS. Specifically, we will outline the major differences in the valuation approaches and discuss how the choice of the approach will impact the fair value conclusion. Calibration to transaction prices, including scenarios where reasonable assumptions result in values that differ from the transaction prices, will also be covered in this presentation.


Learning Objectives:

  • Analyze common terms of SAFEs and convertible debt
  • Differentiate commonly valued embedded derivatives
  • Identify the main differences between IFRS and GAAP requirements related to SAFEs, convertible debt, and embedded derivatives
  • Select methodologies used to value SAFEs, convertible debt, and embedded derivatives

7:00 AM – 8:15 AM PST

FVC2342. Through the Looking Glass: Protecting Yourself While Conducting Internet-Based Investigations

Ryan Duquette

- Partner and National Lead of Digital Forensics | MNP LLP

“Through the looking glass” is a metaphorical expression meaning: on the strange side, in the twilight zone, or in a strange, parallel world. While the internet can be considered a strange, parallel world, it can also be an informative, interesting, yet scary place when conducting different types of investigations. There are various technologies and methods that you can use to protect your identity and information while conducting internet-based investigations. This session will illustrate these technologies and methods to keep you safe when investigating online and you will also learn various OSINT methods to use during your own investigations.


Learning Objectives:

  • Determine how you may be giving away your personal information during an investigation
  • Identify specific technologies and methods you can use to protect your identity
  • Analyze various OSINT (Open-Source Intelligence) investigative methods

7:00 AM – 8:15 AM PST

FVC2343. Criminal Tax Investigations: How CPAs Bring Value to Defense Attorneys

Robert Nordlander

- Owner | Nordlander CPA, PLLC

Criminal tax investigations are a unique combination of white-collar fraud and tax, and the rules are very different than a civil audit. Your client, a defense attorney, probably doesn’t have an accounting or tax background, and that’s why your expertise is needed. This presentation will show you how to bring value in this high-stake showdown in federal court.


Learning Objectives:

  • Determine the common weaknesses in a criminal tax investigation.
  • Identify the key documents to review (in a sea of thousands of documents).
  • Select questions for your client to use in court proceedings.

8:15 AM – 8:40 AM PST

Networking Break and Exhibits

8:40 AM – 9:55 AM PST

FVC2344. Valuing Complex Structures

Jared Hannon

- Director | Grant Thornton LLP

Oksana Westerbeke

- Principal - CFO Advisory | Grant Thornton LLP

Valuation of equity securities in complex capital structures, including Up-C transactions, project financing entities with future capital commitment, secondary transactions, limited liability companies (multiple of invested capital (MOIC) and/or internal rate of return (IRR) profits interests), debt-like or participating preferred and senior preferred, and adjustments to option-pricing methods to incorporate various features of outstanding securities.


Learning Objectives:

  • Assess the features of securities that require or preclude certain valuation models
  • Contrast different allocation models to interpret their strengths and weaknesses
  • Evaluate the results of the allocation models to ensure that the results pass “sanity checks” and that the results are reasonable

8:40 AM – 9:55 AM PST

FVC2345. Valuations for Gift and Estate Taxes: Review and Best Practices

Natalya Abdrasilova

- Director of Valuation & Litigation Services | Boyle, Deveny, & Meyer PC

Brian Burns

- Partner | FORVIS LLP

The session will discuss valuations for gift and estate tax purposes. We will learn about past and current gift and estate tax court cases. We will also review available resources including the IRS and AICPA publications that assist valuation professionals in preparing reports for gift and estate taxes.


Learning Objectives:

  • Identify valuation rules for gift and estate tax purposes
  • Distinguish between relevant research materials including AICPA’s Gift & Estate Tax Valuation Practice Aid
  • Recall recent court cases in gift and estate tax valuations

8:40 AM – 9:55 AM PST

FVC2346. Cryptocurrencies and Crypto Companies: Regulatory Update and Valuation Challenges

Jay Baris

- Partner | Sidley Austin LLP

David Konop

- Principal - Economic/Valuation Services | KPMG LLP

Antonella Puca

- Partner | BlueVal

Cryptocurrencies like Bitcoin and Ethereum enable people to make financial transactions without intermediaries like banks or financial institutions. New and emerging technologies, such as Simple Agreements for Future Tokens (SAFTs), have also grown in popularity and provide new tools for Crypto Companies and operators within the crypto space to invest and raise funds. In this session, we’ll examine some of the valuation, regulatory and market challenges facing cryptocurrencies and crypto companies (e.g. crypto miners and crypto exchanges), with a focus on the fair value standard of ASC 820/IFRS 13.


Learning Objectives:

  • Identify and analyze potential regulatory issues affecting the valuation of digital assets arising out of the federal securities laws
  • Evaluate current trends in the market for cryptocurrencies and crypto companies
  • Apply appropriate discounts for lack of marketability to cryptocurrencies and other crypto assets
  • Analyze and evaluate SAFTs and Joint Venture arrangements in crypto companies

8:40 AM – 9:55 AM PST

FVC2347. High Times for CPAs? – the need for forensic accounting services in the budding Cannabis Industry

Clay Kniepmann

- Senior Manager | Anders CPAs + Advisors

Howard Silverstone

- Managing Director | Forensic Resolutions

As the cannabis industry continues to grow, many companies who were expecting to begin to reap their harvest have found that their cash reserves have gone up in smoke. Due to the myriad state laws and regulations, and the fact that cannabis remains illegal on the federal level, forensic accountants can find themselves dazed and confused. Our presenters will distinguish cannabis related forensic engagements from those in other industries, and participants will gain an understanding on how to perform forensic analyses in the cannabis industry.


Learning Objectives:

  • Distinguish the common differences in forensic accounting for the cannabis industry vs. other more mature industries.
  • Determine the best course of action when approached by a potential cannabis industry client.
  • Apply best practices learned from experience in forensic accounting to the unique challenges posed by the cannabis industry.

10:10 AM – 11:25 AM PST

FVC2348. Value drivers, rules of thumb, and why there are different considerations for certain industries (healthcare, banking, dealerships, construction)

Lisa Cribben

- Partner, Valuation and Transaction Services | Hawkins Ash CPAs

Brian Burns

- Partner | FORVIS LLP

Certain industries require nuanced approaches and considerations. From Blue Sky in an Auto Dealership, multiple of book value in a bank, revenue multiple in a dental practice, or calculation of workforce in place for a physician practice, there are special consideration or rules of thumb that are utilized that appraisers should be aware of when preparing a valuation.


Learning Objectives:

  • Identify the reasons certain industries utilize different valuation approaches
  • Identify the Industries that utilize a nuanced valuation approach
  • Analyze the different valuation approaches utilized for specific industries: Financial Institutions, Auto Dealerships, Healthcare, Construction

10:10 AM – 11:25 AM PST

FVC2349. Trade Names, Brands and Trademarks – Valuation of intangibles

Paul Mandel

- Partner | RSM Canada

After providing an overview of the definition and what comprises each of Brands, Trademarks and Copyrights, we will discuss applicable valuation approaches followed by several case studies.


Learning Objectives:

  • Identify the various characteristics of each of brands, trademarks and copyrights
  • Determine the applicable inputs and approaches required to value brands, trademarks and copyrights
  • Identify the characteristics that contribute to brand value

10:10 AM – 11:25 AM PST

FVC2350. The Forensic Accountant's Role in M&A Disputes

Josh Epstein

- Senior Manager | MNP LLP

A review of M&A Disputes and how a forensic accountant can assist, including a review of common issues in disputes such as working capital and earnout disputes. Different types of roles for the forensic accountant, including acting as an independent accountant/arbitrator, independent expert or consulting expert. This session will also discuss trends in M&A disputes and provide some real case scenarios.


Learning Objectives:

  • Identify how forensic accountants can assist parties to an M&A transaction when post transaction disputes arise
  • Differentiate the types of post transaction disputes
  • Analyze real case scenarios

10:10 AM – 11:25 AM PST

FVC2351. Unlocking the Secrets: Analyzing Financial Statements of Bankrupt Companies

Veronica Williams

- Senior Director | Alvarez & Marsal

Suzanne Thompson

- Senior Director | Alvarez & Marsal Disputes and Investigations LLC

Elizabeth Dean

- Managing Director | Alvarez and Marsal

Attend this session better understand the journey to bankruptcy through the analysis of financial statements. Our presenters will use financial analysis techniques to assess the strengths and weaknesses that can be seen in a company’s financial position in the years prior to bankruptcy. Participants will gain an understanding of various tools and financial analyses that can be used to assess the financial health of a company.


Learning Objectives:

  • Analyze financial statements in the period prior to declaring bankruptcy
  • Identify the financial statement red flags that can be seen in financial statements in the period prior to declaring bankruptcy
  • Compare types of financial statement analyses, including ratio and cash flow analyses that can be used to identify companies in financial distress

10:10 AM – 11:25 AM PST

FVC2352. 2023 Overview of the Marijuana Industry: The Coming Wave of Consolidation and Beyond

Ronald Seigneur

- Founding Partner | Seigneur Gustafson LLP

The session will explore current trends and engagement opportunities in the cannabis industry. The continuing conflict between federal and state laws and regulations, coupled with the economic impact of inflation, the illicit cannabis market and the aftermath of the COVID pandemic pause have resulted in a perfect storm for an incredibly unique industry. As of July 1, 2023, recreational use marijuana is currently legal for adults in 23 states and Washington, DC, while medical marijuana is legal and available in 38 states and DC. At the same time, marijuana remains a Schedule 1 narcotic under federal law pursuant to the 1970 Controlled Substances Act where owners, managers and advisors to state legal marijuana businesses can be accused violating federal law.


Learning Objectives:

  • Identify the nuances within the current landscape and landmines for business appraisal engagements within the state legal/federally illegal marijuana sector
  • Distinguish the differences in the application of traditional valuation methods and approaches to the valuation of canna-businesses
  • Estimate the tax impact on different kinds of cannabis entities and the effect on valuation
  • Recognize the growing importance of brand and location
  • Identify sources of industry data

11:40 AM – 12:55 PM PST

FVC2353. Valuation Fundamentals for Software Companies

Ross McSwain

- Senior Manager - Advisory Services | Grant Thornton

Charles Gallman

- Managing Director - Advisory Services | Grant Thornton LLP

The presentation will provide participants with a summary overview of the software industry and an understanding of the key valuation issues and value drivers associated with software companies.


Learning Objectives:

  • Recognize the software industry types of software and software development lifecycle
  • Distinguish the key drivers of the software licensing models of SaaS (software as a service) and on-premises software
  • Estimate the market dynamics of the software industry
  • Identify the key drivers of software valuation
  • Recall the key valuation concepts for the valuation of businesses and intangible assets in the software industry

11:40 AM – 12:55 PM PST

FVC2354. Primer on Valuing Non-Controlling interest (Minority Interest)

Hubert Klein

- Partner | Eisner Advisory Group, LLC

Minority interest, also referred to as non-controlling interests, is the share of equity ownership in a entity is less than 50%. Many valuation engagements in involve the valuation of fractional interest in litigation and non-litigation matters. This session will focus on issues encountered when valuing a Minority interest in a business. Topics covered will be:

  1. Type of Entity being Valued.
  2. Purpose and Use of Valuation Report
  3. Cash Flow Steams -Control vs. Adjusted
  4. Forensic Analysis of Income Statement and Balance Sheet
  5. Normalization Adjustments
  6. Capitalization Rate – Build-Up Method and Weighted Average Cost of Capital
  7. Specific Company Risk analysis
  8. Tax Affect? What do we do These Days
  9. Supporting Valuation Discounts – Discount for Lack of Control (DLOC)
  10. Discount for Lack of Marketability – (DLOM)

Learning Objectives:

  • Identify the different types of entity structures and their valuation nuances under the 3 valuation approaches – Asset, Income & Market
  • Recognize the unique concepts encountered when valuing a Minority Interest from Cash-Flow Streams, Normalization Adjustments and Forensic Adjustments.
  • Identify understands the variables used to identify risk in valuation of minority interests.
  • Distinguish the purpose and process used to compute and support Minority Discounts.

11:40 AM – 12:55 PM PST

FVC2355. Methods for Quantifying Monetary Damages in Misappropria

Shawn Fox

- Founder and Managing Member | Fox Forensic Accounting, LLC

Olivia Bedi

- Partner | Neal, Gerber & Eisenberg

The number of misappropriation of trade secrets cases filed in federal courts have increased significantly since the creation of the federal statute, Defend Trade Secrets Acts (DTSA), which was effective May 11, 2016. The damages awarded in these cases have increased as well. This session discusses the challenges of quantifying the available remedies in connection with legal claims brought under the DTSA, Uniform Trade Secrets Act (UTSA), and violations of confidentiality and non-compete agreements.


Learning Objectives:

  • Identify the proper damages remedy for the legal claim(s) at issue.
  • Apply and quantify the following: Plaintiff's actual loss including lost profits dues to lost sales, price erosion and increased costs such as corrective advertising; Defendant’s unjust enrichment; Defendant’s head-start advantage and avoided research and development costs; Valuation of the subject trade secret(s); Diminution in value of the Plaintiff’s business; Reasonable royalty that Defendant should have paid to Plaintiff for the trade secrets at issue (based on actual or hypothetical)
  • Distinguish between evolving developments in federal and state court misappropriation of trade secrets litigation cases.

11:40 AM – 12:55 PM PST

FVC2356. Forensic Practitioners in Arbitration: Witnesses, Consultants and Neutrals

Lynda Schwartz

- Director of Forensic Curriculum | University of Massachusetts Amherst

James Agar

- Managing Director | EisnerAmper (Eisner Advisory Group LLC)

Forensic practitioners sometimes appear before arbitrators, sometimes provide consulting services and sometimes serve as neutrals. Experienced panelists will share their experiences with each role, and how those experiences have shaped their work in dispute services. They will also discuss professional practice, engagement administration and engagement delivery challenges of serving as a neutral.
Learning objectives: Attendees will learn to apply SSFS No. 1 in the role of a neutral. Attendees will also learn practice tips on the delivery of professional services as a neutral, and how the neutral perspective influences and enhances the practitioner's skill and perspective in delivering expert witness, consulting and other litigation support services.


Learning Objectives:

  • Apply the requirements of SSFS No. 1 to the role of a neutral
  • Compare professional practice considerations for engagements as a neutral to litigation engagements for a single party
  • Compare engagement administration and delivery considerations for engagements as a neutral to litigation engagements for a single party
  • Compare and contrast the professional judgments and consideration of evidence by practitioners in various roles in arbitration
  • Identify attributes of successful engagement execution in arbitration