2024 Litigation in Valuation Conference

More About This Event

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

Thursday, November 21, 2024, Time: 1:00pm - 5:15pm ET 

This event offers up to 5 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
Join us for ASA’s 2024 Litigation in Valuation Conference, an exceptional learning opportunity tailored for business valuation experts. Enhance your skills in developing winning litigation and dispute resolution strategies, with a focus on matrimonial, patents, start-up enterprises, and estate and gift tax cases. Gain insights into reasonable compensation in litigated matters and learn how to make cost of capital comprehensible for judges and juries. Our distinguished presenters, including valuation and damages experts and lawyers, will deliver their sessions virtually, with full access to presentation materials and recordings available 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
Lead Managing Director | CBIZ

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 

1:00 – 1:10pm
Welcome & ASA Update
Kenneth J. Pia, ASA, CPA, ABV, MCBA | Lead Managing Director | CBIZ

1:10 – 1:50pm
Recent Trends and Relevant Cases – Matrimonial Litigation
Jay E. Fishman, FASA, FRICS | Managing Director | Stout 
Kenneth J. Pia, ASA, CPA, ABV, MCBA | Lead Managing Director | CBIZ
Adam John Wolff | Partner | Alter Wolff Foley & Stutman LLP

The session will focus on litigation and ADR in the context of a matrimonial assignment. Learn more about some of the major issues that we have come across in these assignments, including Personal Goodwill, forensic accounting, tracing, lifestyle analyses, reasonable compensation, case law, testimony, and more.

1:50 – 2:30pm
Recent Trends and Relevant Cases – Patent and Trade Secret Litigation
William Scally, CFA | Managing Director | CBIZ
John J. Cotter, Esq. | K&L Gates, LLP

This session will explore the legal and economic trends associated with these complex commercial litigation matters.

2:30 – 3:10pm
Recent Trends and Relevant Cases – Litigation Involving Start-up Enterprises
Neil J. Beaton, CPA/ABV/CFF, CFA, ASA | Managing Director | Alvarez & Marsal
Anthony Todaro | Partner | DLA Piper

This session will focus on the unique aspects of litigating damages related to start-up companies and how the legal and damages aspects of the case can be structured for the best possible outcome. We will cover the challenges start-ups face, how trade secrets are defined when they may still be unproven, unique damages aspects including bifurcation, allocation, probabilities of success and overall plaintiff mischief. Finally, we will provide a roadmap for attorney and expert and give a few thoughts on judge and jury psychology.

3:10 – 3:15pm
Break

3:15 – 3:55pm
Recent Trends and Relevant Cases – Estate & Gift Tax Litigation
Bruce A. Johnson, ASA | Munroe, Park & Johnson, Inc.
Marissa Pepe Turrell, ASA | Managing Director | CBIZ

Explore the latest developments in gift and estate tax valuation with this presentation, focusing on recent landmark cases and upcoming potential changes to federal estate taxes. Gain valuable insights into how these rulings and new potential regulations are shaping the landscape of business valuation for estate planning and wealth transfer.

3:55 – 4:35pm
Reasonable Compensation for Owner Employees in Litigated Matters:
How to Derive and Articulate Compensation Conclusions that Stand Up Under the Bright Lights
Ronald Seigneur, MBA, CPA/ABV, ASA, CVA | Founding Partner | Seigneur Gustafson LLP

This session will provide an overview of relevant guidance and case law related to reasonable compensation for owner employees of closely held businesses and professional practices. The Multi-Factor Test and Independent Investor Standard used in U.S. Tax Court will be highlighted along with reference to landmark case law supporting each approach. The IRS Job Aid on Reasonable Compensation will be touched on briefly and insights will be provided on stock based compensation.

4:35 – 5:15pm
Cost of Capital - Dumbing it down for Judges and Juries
Roger Grabowski, FASA | Managing Director | Kroll

Valuation can be confusing to the trier of fact and “cost of capital” can be even more confusing. In this session we will explore ways to explain these concepts to a Judge or Jury in ways intended not to impress the trier of fact with one’s technical understanding, but intended to help these lay persons understand the evidence.

Agenda subject to change.

Upon completion of this course, participants will be able to:

• Develop winning litigation and dispute resolution strategies for matrimonial, patents, start-up enterprises, and estate and gift tax cases;
• Distinguish  reasonable compensation in litigated matters; and
• Explain cost of capital for judges and juries.