Collaborative Law is the New Horizon. For financial professionals, it offers a new opportunity and a new way of functioning in a divorce case. Collaborative process is a non-litigated, non-adversarial method of handling a divorce and utilizes an Interdisciplinary Team made of specially trained professionals who meet in a series of "Team" meetings to help the couple resolve their issues in a civil and respectful manner. The Neutral Financial Professional interacts with both parties, assisting the couple in resolving the economic issues in divorce. This presentation will contrast the litigation process with the collaborative process. Attendees will observe and analyze how the collaborative process works and will apply valuation and forensic skills in an experiential collaborative session.

After this session attendees will be able:

• 1. To compare the practice of the Collaborative law to a traditional litigated divorce process
• 2. To describe the role of the Neutral Financial Professional (NFP) in the Collaborative Process
• 3. To compare and contrast Interest-Based Negotiation and Positional Negotiation by the Financial professional in a Team meeting

Cyber Security and Related Class Action litigation continues to be a big challenge for companies. The magnitude, frequency and cost of cyber security incidents are increasing dramatically in almost every industry. This session will foster a discussion on the cyber security litigation landscape for companies and how plaintiffs are attempting to quantify damages in cyber security litigation. 

Attendees will:

• 1. Gauge where the trends are today with cyber security litigation and what companies are thinking about
• 2. Learn how companies can approach mitigating the risk of breach related damages, including developing and communicating mitigation plans and establishing training programs
• 3. Learn how to deal with cyber security litigation, including trends in defending cyber security class action litigation

Background and key provisions of the working draft of the AICPA Accounting and Valuation Guide: Valuation of Portfolio Company Investments. Expected impact on current practice.

Attendees will be able to:

• Understand the nuances required to value Portfolio Company Investments of Venture Capital and Private Equity Funds.
• Solidify the premise of market participant perspectives used when valuing PE/VC investments.

Delivered by seasoned experts from the United States and Canada, this session will compare and contrast the differences between the US and Canadian federal criminal and civil litigation processes. Experiences will be shared and practical advice given.

Attendance at this session will allow you to:

• Refer to and apply the US and Canadian federal rules of civil procedure
• Understand and comply with US and Canadian federal rule of evidence
• Serve in the role of a consultant or expert witness

This session will present a detailed process for reviewing the technical accuracy and credibility of a valuation analysis and report for litigation purposes. Hitchner will focus on the dos and don'ts in preparing a valuation review analysis and report. Includes a 14-page valuation review checklist and a sample detailed USPAP Standard 3 appraisal review report .

Learning Outcomes:

• Good and bad data sources and uses
• Valuation method issues and input testing
• Discount rates
• Growth rates
• Discounted cash flows
• Guideline public company
• Guideline company transactions

Session 2 provides opportunities for attendees to practice collaborative skills in a challenging and complex experiential session, followed by an interactive discussion and debrief.

Learning Objectives:

• 1. To compare the practice of the Collaborative law to a traditional litigated divorce process
• 2. To describe the role of the Neutral Financial Professional (NFP) in the Collaborative Process
• 3. To compare and contrast Interest-Based Negotiation and Positional Negotiation by the Financial professional in a Team meeting

This session will explore legal considerations in a damages analysis related to foreseeability. Foreseeability on first pass may seem like a relatively straightforward analysis, but a further examination of case law and various facts and circumstances demonstrates that a foreseeability analysis can be complex, and may have a dramatic impact on a damages analysis. This session will explore some of these complexities, using case law to help the practitioner better understand how the courts may view foreseeability.

Learning Objectives:
• Obtain an understanding of what foreseeability is, and when it is required in damages analysis
• Learn the various ways courts consider and evaluate objective foreseeability
• Discover the various ways courts consider and evaluate inferred and subjective foreseeability
• Acquire important perspective on when courts may find that a damages analysis does not meet the legal requirement of foreseeability

Example concepts from case studies outlined in the working draft of the PE/VC Valuation Guide

Attendees will:

• Understand how to apply judgment in determining fair value and changes in value from previous measurement dates
• Understand valuation techniques used to value various types of PE/VC investments

A pastor of a church in the Central Valley in California was accused of Attempted Murder, Murder and Elder Abuse of an 85 year old member of the community. A central focus of the trial was a tracing of the funds looted by the pastor. The forensic accounting analysis and high-profile testimony provided the financial motivation for the crime. This trial was featured on NBC Dateline.

Learning objectives:

• The critical nature of funds tracing and its importance in establishing motive
• The importance of making complex issues simple for jury presentation
• Poor testimony by the opposing expert was rejected by the jury