“If a party’s lawyer cannot understand the testimony of the party’s own expert, the testimony should be withheld from the jury. Evidence unintelligible to the trier or triers of fact has no place in a trial.” (ATA Airlines v. Federal Express)
Attorneys who practice in the areas of business litigation, family law, employment law, intellectual property law, and other areas involving financial issues typically retain CPA’s, valuation experts, and economists to present expert testimony relating to the financial issues. Attorneys who have an understanding of the expert’s work are much better positioned to use the expert’s analysis most effectively throughout the proceeding, craft direct examination that will present the expert to be most credible and persuasive, and to be prepared to strategically cross-examine the opposing expert.
In this half-day workshop, we explore the world of financial experts: CPA’s, damages experts, business valuation experts, and economists. We focus upon the areas of lost profits and business damages, addressing the generally accepted approaches, case law, evidentiary foundation, strengths, weaknesses, and risks. We will also identify key questions for attorneys to ask their own financial experts to facilitate a sufficient understanding of the expert’s analysis and opinions, and an informed perspective of each side’s strengths and weaknesses on the financial issues in the case. The program is interactive and is led by our seasoned faculty that includes CPAs and trial attorneys with extensive experience in the courtroom presentation of financial evidence and financial experts.
Michael G. Kaplan
CPA/ABV/CFF CVA MAFF
Mr. Kaplan has more than 45 years of experience in the areas of forensic accounting, business valuation, and litigation consulting. He is a cofounder the Courtroom Boot Camp and Senior Advisor to Neumeister & Associates, LLP. Mr. Kaplan has rendered services in numerous litigation matters and has qualified to testify in court as an expert witness in approximately 250 matters… Read Full Bio.
Carlton R. Marcyan
JD CPA CFP CDFA
Mr. Diamond is a seasoned attorney and educator. He has been a lead instructor in workshops in expert forensics and courtroom skills for attorneys and for expert witnesses. Mr. Diamond brings the Courtroom Boot Camp program his 41 plus years of experience as a practicing litigation attorney, specializing in Insurance Law and related matters, with extensive experience as both a trial and appellate lawyer…Read Full Bio.
How Will You Benefit
Upon completion of the program, attendees will be able to
Explain the three basic approaches to lost profits and business damages measurement.
Describe the conditions under which each approach should be used.
List the variables that enter into a lost profits calculation.
Describe the strengths and weaknesses of each of the approaches to lost profits measurement.
Illustrate direct examination of a damages expert to facilitate the expert’s persuasiveness and credibility.
Identify the foundational evidence required to support a defensible lost profits analysis.
Summarize approaches that best incorporate the lost profits analysis into the theme of the case.
Prepare and implement effective cross-examination of the damages expert presented by opposing counsel.