Taxes in the Determination of Damages

Nov 16, 2022 10:10am ‐ Nov 16, 2022 11:25am

Identification: FVC2253

This session will cover a variety of issues on the subject of taxes and damages. Rather than focusing on the taxation of damages themselves, this session will focus on circumstances when taxes may be central to the determination of a damages amount. Key differences between the taxation of individuals, businesses and business types will also be covered.

Learning Objectives:
  • Identify circumstances when taxes may warrant consideration in the determination of damages
  • Distinguish tax-paying and non-tax-paying parties to disputes
  • Apply a framework to analyze taxes in the computation of damages (when appropriate)

Valuing Capital Intensive Businesses

Nov 16, 2022 11:40am ‐ Nov 16, 2022 12:55pm

Identification: FVC2255

How to handle situations where companies have large capital asset balances and the impact on multiples and valuation approaches

Learning Objectives:
  • Identify the impact of large capital assets on valuation
  • Analyze different examples of capital asset types on valuation

A Deep Dive into the False Claims Act and Similar State Statutes

Nov 16, 2022 11:40am ‐ Nov 16, 2022 12:55pm

Identification: FVC2256

This session will explore the fast-moving landscape of white-collar investigations and prosecutions with a focus on the Government’s increasing use of the False Claims Act. Between an unprecedented wave of pandemic fraud investigations and the Government’s continued focus on healthcare fraud, forensic accountants are an increasingly important member of the white-collar criminal defense team.

Learning Objectives:
  • Differentiate between civil and criminal fraud statutes and understand that resources the Government has available in conducting investigations under the False Claims Act.
  • Identify the types of fraud prosecuted under False Claims Act statutes and the significant role that whistleblowers and qui tam litigation play.
  • Recognize the importance of forensic accountants to white collar defense lawyers in investigations under the False Claims Act.
  • Predict future prosecutorial trends under the False Claims Act.

Double, Triple Count, Oh My!

Nov 16, 2022 11:40am ‐ Nov 16, 2022 12:55pm

Identification: FVC2258

Areas in which valuation analysts should exert extra caution in double, or even triple counting 'risk' or 'discounts' or 'premia'. Reconciling of approaches

Learning Objectives:
  • Recognize areas/assumptions prone to accounting for/assessing risk.
  • Identify risk and the allocation of that risk
  • Indicate risk in various forms of valuation approaches in a succinct explanation.

From expert witness to litigation consultant: the new role of the forensic accountant in 21st century litigation

Nov 16, 2022 11:40am ‐ Nov 16, 2022 12:55pm

Identification: FVC2259

Litigation has progressed from an art practiced by lawyers to a science involving a team of professionals engaged in all stages of litigation from jury consulting, AI in documentary discovery, to judge based data analytics. Strangely, CPAs have have yet to step up to participate in valuing and settling cases, and preparing experts for trial. Find out how you can take the next step in the evolution of your practice.

Learning Objectives:
  • Determine how to change from an expert witness to an expert advisor
  • Analyze how to transition to being a partisan but professional participant
  • Identify how to assist advocates with your expertise

“The Price is Right – Or Not” – Use and Misuse of The Market Approach Guideline Transaction Method

Nov 16, 2022 11:40am ‐ Nov 16, 2022 12:55pm

Identification: FVC2257

This discussion will focus on the following: * Alternative standards of value and implications for valuation: value in use v. exchange * Representative case precedent     * The market approach and alternative methods: guideline public company method and guideline transaction method     * Transaction considerations: the purpose of the transaction, motivation of the buyer/seller, financial v. synergistic buyers, distressed sales     * Importance of transaction terms: stock or asset deal, cash deal, seller-financing, contingent consideration, and non-compete agreements     * Availability of relevant financial information to assess trends, profitability, growth prospects; identify required normalization adjustments; and identify specific company risk factors (depth of management, customer concentration, leverage)     * Availability of data to assess types of products and services offered by the company     * Availability of data to permit analysis of the geographic markets and customer base served     * Assessment of the transaction date and whether the transaction multiple reflects current economic, industry, and market conditions

Learning Objectives:
  • Determine when it is appropriate to use the guideline transaction method
  • Identify the importance of transaction terms: stock or asset deal, cash deal, seller-financing, contingent consideration, and non-compete agreements