Why Financial Experts Get Excluded and How to Avoid It In this article, the authors describe at a high level the rules governing admissibility of expert testimony, discuss common pitfalls, and provide some tips for avoiding these pitfalls so that expert opinions can be admitted into evidence with maximum effect. Financial experts play a vital role in financial restructurings, delivering important insights in many contexts, including plan confirmation, analysis of sales of a debtor’s property, preferential and fraudulent transfer litigation, and many other areas. They also can be pivotal in commercial disputes and transactions, opining on business and asset valuation,…
-
-
In Your Expert Report This article includes tips for preparing an expert report but is not intended to be all inclusive. In addition to these points, remember to carefully consider professional standards, including those that are non-binding, and any code of ethics. Also prepare your report with the expectation of a Daubert motion or similar challenge to your qualifications and/or methodology. The Federal Rules of Civil Procedure give specific requirements for expert witness reports. In addition, published Tax Court opinions often include criticism of expert reports, thereby providing guidance on what the court prefers to see in the future. Their…
-
Part III of III This is Part III of a three-part series discussing the basic components of a professional liability lawsuit brought against an accounting firm and its partners, and factors a firm’s managing partner should consider before and during this type of litigation for utilizing applicable insurance coverage, maximizing effectiveness of defense, and, where possible, bringing the controversy to conclusion by settlement. Part I covered the current litigation environment for accounting firms, relevant provisions in engagement letters, responding to subpoenas, professional liability insurance, and the risk of instigating a professional liability counterclaim in a fee collection action. Part II…
-
Tell-tale Signs that the Engagement is Risky This article describes, using a purely hypothetical scenario, some of the considerations that an economic damages expert should be aware of during initial telephone calls with a prospective retaining counsel—in order for a lost earnings engagement to proceed effectively and efficiently—and to control engagement risk.
-
on Business Valuations in Litigation In this article, Paul Fullerman, CPA, CVA, discusses techniques which can assist the accredited valuation professionals performing a business valuation.
-
There’s a Maze of Standards Out There. Here’s a Guide to Key Provisions in The Most Important Ones *AUTHORS NOTE* This article was written in May 2010. In December 2010, the Federal Rules of Civil Procedure, section 26(a)2(b) were updated such that drafts and attorney communications are now specifically recognized as work product and not discoverable. The exception to this is correspondence as it relates to compensation for the expert’s study or testimony or if the correspondence identifies facts or data that the expert considered in forming his or her opinion. For the actual updated rule click here.