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Thursday, September 24, 2020 Webcast

Business Valuation and Litigation Services Conference (E2009120)

8:00 AM - 3:50 PM EDT

Registration: 7:30 AM EDT

webcast

Webcast

4.5 CPE Credits in AA
1.0 CPE Credits in MT
2.5 CPE Credits in TX

OVERVIEW

This annual conference is the best way to build broad expertise in valuations and litigation support and stay current on developments impacting your services. Gain the know how to produce accurate, thorough and meaningful results for clients.

DESIGNED FOR

CPAs, attorneys, business valuation experts, forensic accountants, appraisers and other financial professionals.

BENEFITS

This year’s event will provide guidance in several areas, including establishing reasonable certainty and providing effective testimony, implementing tax updates affecting business valuations and matrimonial matters, and performing Monte Carlo simulations in valuing a business or asset.

HIGHLIGHTS

8-8:50 a.m.
Best Practices for Presentation of Testimony and the Art of Persuasion
David H. Stein, Esq. and Hon. Frank M. Ciuffani (retired) – Wilentz, Goldman & Spitzer
Testifying can be a daunting experience. This session will cover the following:
  • Making the most of live testimony
  • Credibility, appearance and demeanor
  • Preparation and building blocks for testimony
  • Differences between lay and expert testimony
  • Standards for admission of expert testimony
8:50-8:55 a.m.
Break

8:55-9:45 a.m.
Tax Cuts and Jobs Act: A Holistic View for the Valuation Professional
Heather Tullar, ASA, CPA/ABV – Valuation Research Corporation
The Tax Cuts and Jobs Act (TCJA) changed more than tax rates – it also changed tax structure. Valuation professionals are often tasked with determining value under a variety of scenarios, including dispute, compliance, consulting and more. This session will offer a holistic overview of the changes brought by the TCJA where changes in personal, corporate, pass-through tax and structures intersect with valuation assumptions.

9:45-9:50 a.m.
Break

9:50-11:05 a.m.
Tax Issues that Impact Divorce Settlements
Donald J. DeGrazia, CPA, ABV, CFF – Gold Gerstein Group LLC
The TCJA had a dramatic impact on post-2018 divorces by eliminating the deduction for alimony, dependency exemptions and the deductibility for divorce related professional fees. However, CPAs practicing in family law engagements should not assume that effective tax planning is no longer a critical element to marital settlements. Learn 25 key tax planning tips to consider as part of marital settlement agreements, including:
  • Shifting retirement plan assets in lieu of alimony
  • Transferring assets to settle present and future alimony claims at very favorable tax rates
  • Whether real estate can really replace alimony
  • The illiquid assets that can create the source of liquidity to settle the case under the right circumstances
  • Why non-existent dependency exemptions are still important
  • Planning for future law changes
11:05-11:20 a.m.
Break

11:20 a.m.-12:10 p.m.
Managing a Remote Workforce
Laura C. Osborn – Crothers Consulting LLC
FVS professionals historically operated in person due to the nature of their work. Observing operations and locations, conducting interviews and providing litigation testimony all have to be done virtually now. With remote work rare and firms not always prepared for this "new normal," many are left with more questions than answers. This session will teach you how to manage remote teams effectively. Topics include:
  • Today's reality and how burnout is impacting efficiency
  • Tips to help avoid burnout
  • How to communicate more effectively with your remote team (especially those who tend to be introverted)
  • Managing performance remotely
  • Holding efficient remote meetings with your team, attorneys and clients
  • Tools to facilitate collaboration with your team
12:10-12:40 p.m.
Lunch

12:40-2:45 p.m.
Lost Profits and Complex Damages Analysis
Hubert Klein CPA, ABV, CFF, CGMA, CVA, CFE – EisnerAmper LLP
P. Dermot O’Neill, CPA, ABV, CVA, MAFF, ABAR – O’Neill Forensics

Professional opinions are expressed with a “reasonable degree of certainty.” However, what is “reasonable certainty” from the plaintiff's perspective? How does the defense expert evaluate a plaintiff’s “reasonable certainty?” These standards are determined by the judiciary in the applicable jurisdiction. This session will discuss the elements of reasonable certainty as they relate to plaintiff and defense experts. How does the defense expert critique the plaintiff’s expert report with “reasonable certainty?” Remember, numbers are not the story, but numbers tell the story.

2:45-3 p.m.
Break

3-3:50 p.m.
Monte Carlo Simulations in Business Valuation
Neil J. Beaton, CPA, CFA, ASA, CFF, ABV – Alvarez & Marshal Valuation Services LLC
Monte Carlo simulations are statistical methodologies that utilize computer programs to estimate the range of possible outcomes and the probabilities they will occur from changes in variables. A Monte Carlo simulation is useful for business valuation when there are numerous uncertainties with different potential outcomes. This session will:
  • Introduce the concept of Monte Carlo simulations – original background and evolution into business valuation
  • Identify circumstances under which a Monte Carlo simulation could provide good insights into the valuation of an asset or business
  • Provide examples that trace the inputs and outputs of a Monte Carlo simulation in valuing a specific asset
  • Discuss tips on how to present the outcome of a Monte Carlo simulation to clients and/or triers of fact

COURSE LEVEL

Intermediate

PREREQUISITES

None

ADVANCE PREPARATION

None

INSTRUCTORS

Neil Beaton

Neil J. Beaton, CPA, CFA, ASA, CFF, ABV

Managing Director

Alvarez & Marsal Valuation Services, LLC

Neil Beaton is a Managing Director with Alvarez & Marsal Valuation Services practice in Seattle. Mr. Beaton specializes in the valuation of public and privately held businesses and intangible assets for purposes of litigation support (marriage dissolutions, lost profits claims and others), acquisitions, sales, buy-sell agreements, ESOPs, incentive stock options, and estate planning and taxation. He also performs economic analysis for personal injury claims, wrongful termination and wrongful death actions.

Although he has a broad range of experience, Mr. Beaton has particular expertise in the valuation of early-stage, venture-backed companies and has written and spoken extensively on valuation techniques for companies with complex capital structures. He has valued companies in most major industry groups including manufacturing, fishing, utilities, telecommunications, healthcare, wholesale, retail and service industries both domestically and internationally. Mr. Beaton has also testified on valuation issues in federal and state venues across the United States, as well as in international arbitrations.

Mr. Beaton has valued patents, trademarks, trade secrets, IFQs and a plethora of other intangible assets. He is regularly hired to perform purchase price allocations and valuations for the granting of stock options. Mr. Beaton also performs valuations for employee-owned companies, as well as municipal, state and federal entities. He has served as a neutral appraiser in numerous disputes and has served as a special master in a number of venues.

Prior to joining A&M, Mr. Beaton was a Partner with Grant Thornton LLP for over nine years. He joined Grant Thornton from a Seattle-based boutique business valuation and litigation consulting firm, where he worked for 14 years, ultimately as a Partner. Mr. Beaton began his consulting career at Dun & Bradstreet Corporation.

Mr. Beaton earned a Bachelor of Arts in Economics from Stanford University and a Master of Business Administration in Finance from National University. He is a Certified Public Accountant (CPA), Chartered Financial Analyst (CFA) and Accredited Senior Appraiser (ASA). Additionally, he is Accredited in Business Valuation (ABV) and Certified in Financial Forensics (CFF), and is a member of the American Institute of Certified Public Accountants (AICPA), the CFA Institute and the American Society of Appraisers.

Mr. Beaton is the Co-Chair of the AICPA’s Valuation of Private Equity Securities Task Force and a member of the AICPA’s Mergers & Acquisitions Disputes Task Force. He is also a member of the Business Valuation Update Editorial Advisory Board, on the Board of Experts, Financial Valuation and Litigation Expert and is on the editorial board of the Valuation Examiner, a trade magazine of the National Association of Certified Valuation Analysts.

Frank Ciuffani

Frank M. Ciuffani

General Counsel

Wilentz, Goldman & Spitzer, PA

Retired New Jersey Superior Court Judge Frank M. Ciuffani is General Counsel at Wilentz, Goldman & Spitzer, P.A. and Chair of the firm’s Alternative Dispute Resolution practice. Judge Ciuffani serves as the firm’s key advisor concerning the law governing lawyers, governance issues, risk management, and policy implementation. In addition to his role as General Counsel, Judge Ciuffani focuses his practice on mediating and arbitrating complex commercial, business, employment, probate and family disputes. A certified civil trial attorney, he draws on over 40 years of experience on the bench and in private practice. Judge Ciuffani is member of the Middlesex County and the New Jersey State and American Bar Association and a Fellow of the American Bar Foundation. From 2017/2019, he served on the Supreme Court Committee on Complementary Dispute Resolution. He is also a former Assistant Prosecutor in Middlesex County.

Donald DeGrazia

Donald J. DeGrazia, CPA, ABV, CFF

Partner

Gold Gerstein Group LLC

Don is a graduate of LaSalle University and is a Certified Public Accountant (CPA) in New Jersey and Pennsylvania. He is a senior shareholder in Gold Gerstein Group LLC, an accounting and business valuation firm (www.g3cga.com) with offices in Moorestown and Voorhees, N.J. He is a member of the American Institute of CPAs, the New Jersey Society of CPAs, Expert Resource Connection, LLC and is a past chairman of the Forensic, Valuation and Litigation Services Committee of the New Jersey Society of CPAS. Don has provided testimony in business valuation for a variety of matters as well as in matrimonial, minority stockholder, and economic damages litigation and has been qualified as an expert witness by the federal and state courts. He also specializes in federal and state. multi—state and matrimonial taxation, as well as tax nexus issues.

Don has chaired and been a frequent speaker and panelist at various national and international conferences and webinars as well as state and local seminars conducted by the AICPA, the NJSCPA, the PICPA, the Florida Institute of CPAs, the American Bar Association, Integra International, Inc., the New Jersey Administrative Office of the Courts, the International Academy of Matrimonial Lawyers and the New Jersey Institute for Continuing Legal Education covering business and professional practice valuation, forensic accounting and federal taxation. He has authored numerous articles and contributed chapters to professional books on those subjects. He is an editor of the "Guide to Divorce Engagements" published by Practitioners Publishing Corporation (PPC) and an editor and (:o—author of the "Family Law Service Handbook, The Role of the Financial Expert" published by John Wiley & Sons.

He is a past Global Chairman of Integra International, Inc., a worldwide association of independent accounting and consulting firms, He is also a past president and remains a member of Integra's Americas, Asia & Australia and Global Boards.

Hubert Klein

Hubert Klein, CPA/ABV/CFF/CGMA, CVA, CFE

Partner

EisnerAmper LLP

Hubert Klein is a Partner and Practice Leader for the Financial Advisory Services Group in the firm’s New Jersey location. With over 30 years of experience, Hubert is, frequently called upon as a technical resource in various litigation actions. He has consulted and provided services in matters including complex damages, business valuations, due diligence analysis, fraud and forensic investigations, lost profit calculations, shareholder disputes, insurance claims analysis, bankruptcy and matrimonial proceedings.

In addition, Hubert has served as an agreed-upon neutral expert and as an expert witness appointed by judges in the types of matters listed above; and to issue reports for the courts on these cases. He has been appointed by various courts to serve as a Receiver, Provisional Director, Special Fiscal Agent, and Court’s Independent Forensic Auditor in various civil litigation matters. He has experience in providing traditional accounting services, such as financial statement and tax return preparation, financial analysis, and consulting services for closely held businesses.

As a strong proponent of professional development, Hubert frequently speaks to both business and civic groups on topics such as business valuation, forensic accounting, commercial damages and fraud. He has presented to both regional and national organizations.

Hubert is an active member of the American Institute of Certified Public Accountants (AICPA) where he served on the Forensic and Litigation Services Executive Committee, Fraud Task Force; Forensic, and the Valuation Conference Committee and received the Volunteer of the Year award. In addition, the National Association of Certified Valuation Analysts recognized Hubert as Outstanding Member for extraordinary committee participation and service.

Dermot O'Neill

Dermot O'Neill, CPA, ABV, CVA, MAFF, ABAR

O'Neill Forensics

P. Dermot O’Neill is a CPA with over 40 years of public accounting experience. Dermot’s practice concentrates in the areas of forensic accounting, litigation support, business valuation, transaction consulting, financial analysis, and income taxation. He has provided consulting and expert witness assistance in cases involving oppressed shareholders, personal injury, wrongful death, accounting malpractice, as well as contract and tort issues. He has testified as an expert in Pennsylvania, New Jersey, Delaware, Florida, New York, Connecticut, Virginia, Colorado, the Chancery Court of Delaware as well as Federal Bankruptcy Court and Federal District Courts.

He was the Managing Editor of the National Litigation Consultants’ Review for which he has written numerous articles. In addition, he is a member of the Financial Forensic Institute’s (FFI) Advance Litigation Program Development Team, helping to create content for the Master Analyst in Financial Forensics (MAFF) credential and serving as a national instructor in the program. He is a member of the Extension Faculty of the National Judicial College, Reno, NV.

Dermot is an adjunct instructor at Rider University College of Business Administration, Graduate Studies and Drexel University Lebow College of Business, Graduate Programs. He has been an adjunct lecturer at Villanova University School of Business as well as a guest lecturer at the Widener University and Lehigh University Graduate Schools of Business. For ten years, he was a member of the National Faculty of the American Institute of CPAs presenting week long accounting and auditing staff training programs. He has presented continuing professional education seminars and webinars sponsored by various state accounting institutes and societies, bar associations and universities as well as legal groups such as the Defense Research Institute. He received his B.S. in Economics from Villanova University.

Laura Osborn

Laura C Osborn

CEO

Crothers Consulting LLC

Laura Crothers Osborn is a highly regarded speaker, author and expert in HR and Leadership. She is the Owner, Principal and President of Crothers Consulting, a boutique HR consulting and coaching firm servicing middle market businesses with high quality, strategic HR projects, executive coaching and on-going support since 2010.

Laura is a Human Resource expert with over twenty five years of experience coaching and assisting senior and mid-level leaders. Laura opened Crothers HR Consulting in 2010 to fuel her passion for helping leaders achieve organization and strategic clarity. She and her team have successfully guided business leaders and HR executives, providing a clear line of vision as they face the many challenges associated with growing their company or engaging in mergers or acquisitions. Her candid, down-to-earth approach allows her to connect quickly and deeply with people.

Laura is known for her fast paced, creative solutions in all areas of HR. Her leadership style developed throughout her years in Human Resource leadership roles with McGraw Hill, AT&T, ADP, Merrill Lynch, EverBank and Shearson Lehman Brothers. She is able to determine the best ways to attract, integrate, engage and retain human capital talent. Laura led and/or facilitated multiple initiatives focused on change management, integration, mentoring, leadership development/coaching, workforce planning, talent, performance management, employee engagement and compensation design.

Laura was Chief People Officer at US Express Leasing (USXL). Here she built the HR capability for this $85 MM start-up commercial leasing organization, which grew to $1 Billion in assets. Her ability to be nimble and react quickly to changing dynamics enabled them to grow the organization from 8 to 250 employees in five years. Laura worked as Senior Director of HR focused on the Mergers and Acquisitions at Standard & Poor’s where she led complex diligence, integration and acquisitions. She and her team use this experience as they deal with clients engaged on both the buy and sell side.

Laura is the chapter chair of both the Morris and Monmouth chapters of the Women President’s Organization (WPO) for CEO’s that run multi-million dollar businesses. She also sees great value in leadership assessment tools and is certified in The Leadership Circle® Profile, The Leadership Circle® Culture Survey, PDI Profiler®, DiSC ®, and is a SHRM certified SPHR and CTI coach. Laura is an active member of ACG-NJ and Impact-100 Garden State.

David Stein

David H. Stein, Esq.

Shareholder

Wilentz, Goldman & Spitzer, PA

David H. Stein co-leads the Banking & Creditors’ Rights team at Wilentz, Goldman & Spitzer, P.A., a regional law firm with offices located in New York, New Jersey and Pennsylvania. For over 30 years, David has represented lenders, receivers, trustees, official committees, debtors, and strategic purchasers of distressed real estate and other operating assets in lending, work-out, commercial litigation, reorganization, foreclosure litigation, asset recovery and judgment enforcement matters, including high profile cases such as Barneys New York, Great Atlantic & Pacific Tea Co. Inc., Maxus Energy Corporation, Modell's Sporting Goods, National Stores Inc., Payless ShoeSource and Toys-R-Us. His trial experience extends to the litigation of complex commercial matters, enforcement of and priority of liens, adjudication of claims and security interests, fraudulent conveyance litigation, and other commercial matters affecting the debtor-creditor relationship. David is a member of the New Jersey State Bar Association, and serves on the Board of Directors of the Middlesex County Regional Chamber of Commerce.

Heather Tullar

Heather Tullar, ASA, CPA/ABV

Senior Vice President

Valuation Research Corporation

Ms. Tullar has over 20 years experience specializing in the areas of business valuation, litigation support, complex capital structures and intangible assets. Prior to joining VRC, she was a director with Delphi Valuation Advisors, founder and president of Valiant Metrics, Inc., a boutique business valuation and litigation services firm, director of the Boston business valuation and litigation practice of McGladrey. Before joining McGladrey, she was a senior manager with The Michel-ShakedGroup, a boutique litigation consulting and valuation firm and has also served as the finance manager for a university-based venture capital and technology transfer office.

Ms. Tullar earned a master of business administration degree with a concentration in finance from the Graduate School of Management of Boston University and a bachelor of science degree in accounting from the University of North Carolina at Charlotte.

She is accredited by the American Society of Appraisers as an Accredited Senior Appraiser. She is licensed in both Massachusetts and North Carolina as a Certified Public Accountant and is accredited in business valuations and certified in financial forensics.

Ms. Tullar also chairs the American Association of Certified Public Accountants’ Business Valuation Committee.

PRICING

$289.00 - Member

$389.00 - Non Member

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Note: Online pre-registration will close on September 23 at 12:00 PM.

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