2023 Litigation in Valuation Conference
- Registration Closed
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.
This event offers up to 5.1 hours of ASA CE and *CPE credit.
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.
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.
Conference Chair
Kenneth J. Pia ASA, CPA, ABV, MCBA
Partner - Business Valuation Industry Leader Marcum LLP
NASBA and Continuing Professional Education (CPE) Credit
*ASA is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website https://www.nasbaregistry.org/.
CPE Credit: Up to 5 CPE credits | Program Level: Intermediate | NASBA Knowledge Type: Specialized Knowledge | Delivery Method: Group Internet Based | Prerequisites: None | Advanced Preparation: None | Policies: ASA's Refund and Cancellation Policy and ASA's Complaint Resolution Policy
Conference Sponsor
Agenda
All sessions are followed by Q&A with the presenter(s).
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.
Learning Objectives
Upon completion of this course, participants will be able to:
- Develop winning litigation and dispute resolution strategies and best practices for matrimonial, commercial, shareholder and ESOP disputes;
- Identify Federal rules, procedures and “Daubert” challenges; and
- Apply actionable expert testimony and effective trial skills today’s business valuation experts need.
Kenneth Pia
Partner
Marcum LLP
Kenneth J. Pia, Jr. is a partner and the leader of the National Matrimonial and Business Valuation groups of Marcum LLP. With more than 30 years of professional business valuation and litigation support experience, Mr. Pia has developed a national reputation working on a wide range of complex valuation engagements.
Johnnie White
CEO/Executive Vice President
ASA
Johnnie White, CEO, Chief Executive Officer, is responsible for the oversight and management of the Society’s business office and executing the directives set by the ASA board of governors and its executive committee. Johnnie is an association professional with more than 27 years serving in a variety of management and leadership roles.
Jay E. Fishman, FASA
Managing Director
Financial Research Associates
Jay E. Fishman, FASA, is a Managing Director of Financial Research Associates and has been actively engaged in the appraisal profession since 1974. He specializes in the valuations of business enterprises and their intangible assets. Mr. Fishman has co-authored several books, including the Guide to Business Valuations, Standards of Value, A Consensus View Q&A Guide to Financial Valuation and The Business Valuation Bench Book.
Nicholas Parseghian
Partner
Marcum LLP
Nicholas Parseghian is a Partner in the Valuation, Forensic & Litigation Support Services practice in the Boston office. Nicholas has 17 years of experience providing business valuation and litigation support services to clients across an array of industries. He is an Accredited Senior Appraiser (ASA) of the American Society of Appraisers, designated in Business Valuation.
Steven Veenema
Shareholder
Murphy & King
Steve Veenema helps clients resolve complex business disputes both in and out of court, focusing primarily on issues arising among shareholders in closely held companies, litigation over intellectual property and unfair competition, and employment-related matters for both employers and employees. Steve advises companies, board members, and individual employees and shareholders across industries, including finance, high-tech, real estate, and retail.
Neil Beaton
Managing Director
Alvarez & Marsal
Neil Beaton is a Managing Director with Alvarez & Marsal Valuation Services in Seattle. He specializes in the valuation of public and privately held businesses and intangible assets for purposes of litigation support, acquisitions, sales, buy-sell agreements, ESOPs, incentive stock options and estate planning and taxation. He also performs economic analysis for personal injury claims, wrongful termination and wrongful death actions.
William Dolan
Partner
Jones Day
With more than three decades of experience, Bill Dolan has been retained as lead trial counsel in more than two dozen trials and arbitration hearings in venues throughout the United States. His practice places particular emphasis on antitrust litigation. His trial work also has included matters such as product liability, takeover disputes, fraud, insurance insolvency, fiduciary duty, and breach of contract.
Jeffrey S. Tarbell, ASA, CFA
Director
Houlihan Lokey
Jeffrey S. Tarbell, ASA, CFA, is director of financial and valuation advisory at Houlihan Lokey. He has over 30 years of experience in valuation and financial opinions. Mr. Tarbell has been a designated member of ASA for 25 years, and an active volunteer with numerous leadership positions. He is also an expert witness, instructor, author and frequent speaker.
Thomas Rechen
Partner
McCarter & English
Thomas Rechen is an accomplished trial lawyer and business litigator with three decades of experience handling complex business disputes on behalf of public and private companies in Connecticut and across the nation. He is well known among the Connecticut state and federal judiciary as a result of his courtroom presence and leadership within the Connecticut and Hartford County Bar Associations.
Hon. Lynda Munro (ret.)
Munro/Draginis PLLC
The Honorable Lynda B. Munro is an experienced mediator, independent arbitrator, litigator, and consultant. After 20 years of distinguished service on the State of Connecticut trial bench, Judge Munro retired from the bench in 2014 and joined Pullman & Comley, LLC in their Alternative Dispute Resolution (ADR), Appellate, and Family Law practice groups. Judge Munro handles both family and civil disputes in her ADR practice and offers mediation, arbitration, med-arb, private judging, and discovery master services on all civil matters.