2023 Litigation in Valuation Conference

More About This Event

ASA Member Price: $200 | Non-Member Price $300

Thursday, November 30, 2023, Time: 1:00pm EDT

Be a part of the ASA's first-ever litigation specific conference for the profession's premier valuation organization.

Business Valuation Professionals face a highly complex and challenging legal and regulatory environment, especially those involved in disputed matters that require expert testimony.

What You Will Learn
ASA’s 2023 Litigation in Valuation Conference offers an unparalleled learning experience, specifically designed for business valuation experts. Attend and develop winning litigation and dispute resolution strategies and best practices for matrimonial, commercial, shareholder and ESOP disputes. Dive deep into Federal rules, procedures and “Daubert” challenges; and absorb actionable expert testimony and effective trial skills today’s business valuation experts need. Our esteemed presenters of valuation and damages experts, lawyers, and judges will all be presenting conveniently virtually with full access to presentation materials and recordings post-event.

Who Should Attend
A must-attend event for business valuation and financial experts, litigation counsel and judges.

This event offers up to 5.1 hours of ASA CE and CPE credit.

Conference Chair
Kenneth J. Pia ASA, CPA, ABV, MCBA
Partner - Business Valuation Industry Leader Marcum LLP

Conference Sponsor

Conference Session Platform
This virtual conference is being held via Zoom. Please be sure to review Zoom's System Requirements. See the Event Access tab to join the live virtual conference after registering. 

1:00 – 1:15pm
Welcome & ASA Update
Kenneth J. Pia, ASA, CPA, ABV, MCBA | Partner - Business Valuation Industry Leader | Marcum LLP
Johnnie White | CEO/Executive Vice President | ASA

1:15 – 1:55pm
Recent Trends and Relevant Case Decisions – Matrimonial 
Jay E. Fishman, FASA, FRICS | Managing Director | Financial Research Associates 
Kenneth J. Pia, ASA, CPA, ABV, MCBA | Partner - Business Valuation Industry Leader | Marcum LLP

This session will focus on key valuation and expert credibility issues in 2 recent matrimonial trial court decisions.

1:55 – 2:35pm
Don’t Let the Jury Decide Value! Anticipating and Minimizing Valuation Disputes in Business Break-up Cases
Nicholas Parseghian, ASA | Partner | Marcum LLP
Steven M. Veenema | Shareholder | Murphy & King

The presenters will discuss different mechanisms available to business partners for cost-effectively resolving valuation disputes when one party is selling its interest. Taking the perspective that a valuation process is easier to agree on than a price, the presenters will cover different processes and their merits, the benefits of reaching an agreement and avoiding valuation litigation, how to ensure that any agreement is efficiently enforced by courts when necessary, and other topics.

2:35 – 2:40pm
Break

2:40 – 3:20pm
Shareholder Disputes in the U.S. and Abroad: Differences, Similarities and Trends
Neil J. Beaton, CPA/ABV/CFF, CFA, ASA | Managing Director | Alvarez & Marsa
William F. Dolan | Partner | Jones Day

Shareholder disputes have been around as long as there have been shareholders. However, over time, shareholder disputes have evolved from run of the mill disputes about value to a sophisticated activist shareholders putting pressure on multinational corporations. From Delaware to Dover and Canada to the Cayman Islands and beyond, shareholder disputes have attracted big money resulting in complex legal and valuation issues. This session will highlight the differences, similarities, and trends in shareholder disputes in the U.S. and abroad, primarily Canada, England and Cayman Islands where a number of shareholder disputes have been tried and reported.

3:20 – 3:50pm
ESOP Litigation: Recent Trends and Forthcoming Guidance 
Kenneth J. Pia, ASA, CPA, ABV, MCBA | Partner - Business Valuation Industry Leader | Marcum LLP
Jeffrey S. Tarbell, ASA, CFA | Director | Houlihan Lokey 

Valuations prepared for ESOP transactions are commonly scrutinized by the DOL and the plaintiff’s bar. Disputes frequently arise due to the absence of definitive guidance on the definition of “adequate consideration” and how the fair market value of ESOP stock should be determined. This presentation—led by two experienced expert witnesses—will address common areas of dispute, recent success stories, and a notable development in the industry’s long quest for adequate consideration guidance.

3:50 – 4:20pm
Federal Rules, Procedures and Daubert Challenges 
Thomas J. Rechen | Partner | McCarter & English, LLP

In this session we'll review Federal Rules of Procedure and the Federal Rules of Evidence pertaining to the disclosure of expert testimony, discovery related to experts, and the admissibility of such testimony at trial, including the law regarding motions to preclude such testimony.

4:20 – 4:25pm
Break

4:25 – 5:10pm
Panel on Expert Testimony and Effective Trial Skills
Neil J. Beaton, CPA/ABV/CFF, CFA, ASA | Managing Director | Alvarez & Marsal
Jay E. Fishman, FASA, FRICS | Managing Director | Financial Research Associates  
Hon. Lynda B. Munro (ret.) | Munro/Dragninis PLLC
Kenneth J. Pia, ASA, CPA, ABV, MCBA | Partner - Business Valuation Industry Leader | Marcum LLP
Thomas J. Rechen | Partner | McCarter & English, LLP 
Jeffrey S. Tarbell, ASA, CFA | Director | Houlihan Lokey 

This session will focus on key valuation expert trial skills and strategies with a panel comprised of an experienced trial court judge and trial attorney as well as seasoned testifying experts.

5:10 – 5:25pm
Q&A

Agenda subject to change.