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Annual Economic Damages Case Law Update
Forensic Services
Webcast

Annual Economic Damages Case Law Update

The court’s views on economic damages — approaches and opinions — are presented in this webcast. Learn updates on analyzing, consulting, and/or testifying on economic damages opinions.

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Format

Webcast

NASBA Field of Study

Accounting

Level

Intermediate

CPE Credits

2

Author(s)

Drew Mooney, Greg Sergi, Quynh Tran, Brian Kelly, Peter Brown, Ken Rugeti, Jeffrey Press, Alex Walther

Availability

3 months

Product Number

WC3164537

 Part of Webcast Pass
 Business & partner 
Product Details

Important guidance for forensic and valuation services

Case law serves as important guidance for FVS professionals who are tasked with quantifying damages under expert and/or consulting engagements.

This webcast will help you better understand and stay current on revelant case law concerning acceptable methodologies and evidentiary issues that impact your work. It will cover select cases, highlighting the court's views on damages, approaches, and opinions.

Key Topics

  • Case law in different areas of economic damages, including:
    • Lost profits
    • Reasonable certainty
    • Intellectual property
    • Other damages considerations

Learning Outcomes

  • Apply case law in different areas of economic damages
  • Analyze recent trends in case law and impact on FVS professionals’ approaches to quantifying economic damages

Who Will Benefit

  • Forensic and valuation services (FVS) professionals
  • Accountants and finance professionals
More Details
NASBA Field of Study
Accounting
Level
Intermediate
Prerequisites
Familiarity with content of Economic Damages Case Law Repository and Case Summaries as well as the following AICPA Practice Aids, available in the FVS Online Library: - Attaining Reasonable Certainty in Economic Damages Calculations - Attaining Reasonable Certainty in Economic Damages Calculations: Revenues, Costs, and Best Evidence - Calculating Lost Profits - Calculating Damages in Intellectual Property Disputes, Fourth Edition
Access
This is a digital product. With full paid access the content will be available to you for 3 months after purchase date.
Duration
1 hr and 40 mins
Pricing
Do you have an AICPA membership? Log in to apply your member discount.

Group ordering for your team

2 to 5 registrants

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Start order

6+ registrants

We can help with group discounts. Call us at 1-800-634-6780 (option 1) or email us at salessupport@aicpa.org

Contact us
Speakers
Drew Mooney
Drew Mooney is a Managing Director at FTI Consulting and is based in Dallas. Mr. Mooney provides economic, financial, statistical and valuation analysis to clients, including those involved in litigation, arbitration, mediation and other contexts where parties are engaged in complex business disputes. He has more than 15 years of experience in providing economic and financial analysis to complex business disputes involving intellectual property, securities class actions, breach of contract, business valuation and forensic accounting issues. Mr. Mooney has testified at trial in Federal Court as an economic and financial expert on topics including injunctive relief, market definition, competition, patent infringement, trademark infringement, breach of contract, business valuation and forensic accounting. Mr. Mooney’s intellectual property experience includes matters involving patent, trademark and copyright infringement as well as trade secret misappropriation. He has experience in evaluating damages associated with lost profits, reasonable royalties, unjust enrichment, disgorgement of profit and diminution of value. Mr. Mooney has been involved with various International Trade Commission 337 investigations on issues related to domestic industry, remedy, bonding and exclusion orders. He has also consulted with clients regarding the valuation and management of their intellectual property assets outside of the context of litigation. Mr. Mooney has also been involved in matters related to the appropriate application of generally accepted accounting principles. He has worked on financial investigations involving earnings management, improper revenue recognition and embezzlement. His work frequently requires reconstruction of accounting and financial records for purposes of performing financial analysis. Mr. Mooney has extensive experience in providing economic, financial and valuation analysis to clients involved in valuation and securities-related litigation, including Section 10b-5 and Section 11 litigation. He has experience in the valuation of businesses and of public and private securities, including corporate bonds, equities, options, mutual fund shares, mortgage-backed securities, collateralized mortgage obligations, collateralized debt obligations and other structured finance products. He has also analyzed class certification issues in a variety of class action matters. Mr. Mooney is a licensed Certified Public Accountant in the state of Texas, is Accredited in Business Valuation by the AICPA, and is Certified in Financial Forensics by the AICPA. He is a member of the American Institute of Certified Public Accountants and the Licensing Executives Society. Mr. Mooney obtained a Bachelor of Business Administration in accounting and a Master of Science in finance from Texas A&M University.
Greg Sergi
Gregory M. Sergi is an experienced litigator whose practice focuses on complex civil litigation in federal and state courts. He was named by Southern California Super Lawyers as a “Rising Star” in antitrust litigation for each year from 2014 to 2018. Greg has litigated cases in trial and appellate courts across the country. He has handled a wide variety of matters, including cases involving antitrust, class action, constitutional, consumer protection, contract, tort, trademark, unfair competition, and unjust enrichment issues. Greg has particular expertise in antitrust, unfair competition, and class actions. He has won dismissal of antitrust claims, defeated motions for class certification, and prevailed on preliminary injunction motions. Greg’s clients have included pharmaceutical companies, entertainment companies, a leading manufacturer of microprocessors, a major freight railroad, a prominent online retailer, and a private equity firm, among many others. Greg received his J.D. and LLM in International and Comparative Law from Duke University School of Law, where he graduated magna cum laude and Order of the Coif. During law school, he was an articles editor for the journal Law and Contemporary Problems. He received his BA in economics from Northwestern University. Following law school, Greg was a law clerk for the Honorable D. Brock Hornby of the United States District Court for the District of Maine and for the Honorable Pamela A. Rymer of the United States Court of Appeals for the Ninth Circuit. Before joining Keller Anderle, Mr. Sergi spent seven years at Munger, Tolles & Olson in Los Angeles and two-and-a-half years at Cleary Gottlieb in Washington, D.C.
Quynh Tran
Quynh Tran has significant experience in litigation services including dispute resolutions, litigation matters, and fraud and forensic services. She has managed engagements that have required financial modeling, damage calculation, damage evaluation, and forensic accounting. Specifically, she has experience in the following areas: - Forensic and Investigative Accounting: participated in internal investigations involving anti-corruption allegations (Foreign Corrupt Practices Act), theft of assets by insiders, conflicts of interest, and Ponzi schemes. Work has included detailed analyses of historical accounting records, compliance with books and records provisions, identifying red flags, testing of transactions, tracing of assets and funds, evaluating internal controls, and conducting interviews of relevant witnesses. -Loss/Damage Determination: used financial models to project past and potential future damages in commercial litigation and arbitration matters such as breach of contract, lost profits, wrongful termination, business interruption, and purchase price disputes. Work has included detailed analyses of historical and projected financial data, review of contractual obligations, substantiation of costs, review of underlying supporting documentation, and evaluation of adherence to Generally Accepted Accounting Principles. -Intellectual Property: calculated economic damages related to matters including lost profits, reasonable royalties, and unjust enrichment. -Bankruptcy: assisted in matters including the analysis of preference claims, fraudulent conveyances, and solvency determination.
Brian Kelly
Brian M. Kelly is a business litigator with over a half-decade of experience practicing in Orange County. He has represented clients across a swath of industries, including finance, commercial real estate, medical device manufacturers, internet service providers, and staffing agencies. Mr. Kelly excels in complex commercial litigation, having handled cases ranging from the hundreds of thousands of dollars to the tens of millions. His representative trial experience includes defeating a complex indemnification claim and prevailing on a $375,000 fraud counterclaim, winning a motion to recover over $1.2 million in attorneys’ fees, and obtaining a judgment of over $450,000 for a commercial landlord in a court trial. While in law school at UCLA, Brian Kelly competed in the mock trial program, winning the “Top Attorney” award in 2011. In 2012, he was an extern for the Hon. David O. Carter of the United States District Court for the Central District of California. In 2020, Super Lawyers® selected Mr. Kelly as one of its Rising Stars. Prior to joining Klein & Wilson, Mr. Kelly was an associate at O’Melveny & Myers’ Newport Beach office. When not practicing law, Mr. Kelly enjoys camping with his family and following Angels baseball.
Peter Brown
Peter W. Brown is a Partner and Forensic Services Practice Leader for Green Hasson Janks LLP. He has over 30 years of experience as a forensic accountant and investigator. Mr. Brown has extensive experience quantifying damages in commercial litigation and conducting internal investigations. Mr. Brown also regularly serves as a third party neutral regarding accounting matters and purchase disputes. Mr. Brown has served as a litigation consultant and testified as an expert witness in many different disputes. Mr. Brown’s experience encompasses numerous industries including financial services, healthcare, technology, gaming, entertainment, construction and governmental agencies. Mr. Brown’s expert assignments have involved numerous complex issues including post-acquisition disputes, business valuations, business interruption loss calculations and lost profit calculations.
Ken Rugeti
Ken Rugeti is a Senior Managing Director in the Forensic & Litigation Consulting practice at FTI Consulting. He has more than 20 years of experience in forensic accounting, damages analysis and valuation. He is known for his objective analysis, attention to detail and comfort on the witness stand, where he views his role as an educator of judges, arbitrators and juries tasked with deciding financial issues that have become the center of a controversy.
Jeffrey Press
Jeffrey Press is a Director in the Disputes, Compliance, & Investigations group with Stout. He has nearly 17 years of experience providing forensic accounting services, including expert testimony in the areas of calculating and testifying to damages in intellectual property and other complex commercial disputes. Mr. Press focuses on the quantification of economic damages in civil litigation, as well as forensic accounting investigations. His forensic accounting matters have encompassed a wide array of matters involving economic damages in intellectual property infringements and misappropriations (patent, trademark, copyright, and trade secret), complex commercial disputes, including healthcare billing disputes, employment disputes, breach of contract matters, and shareholder disputes, and investigations of financial fraud.
Alex Walther
Alexander Walther has over 12 years of professional services experience related to complex contract disputes, economic damages, bankruptcy adversarial proceedings, valuation disputes, and purchase price disputes, as well as investigations of alleged financial irregularities. Mr. Walther specializes in working on complex litigation, forensic, and valuation services assignments nationally and internationally for businesses ranging from startup entities to Fortune 100 companies. Specifically, Mr. Walther provides financial forensic services, expert witness testimony, and analyses to litigators to assist in understanding and presenting complex issues to the trier-of-fact. He has worked extensively with counsel through all phases of the litigation process and has provided expert witness trial and deposition testimony in federal court. In addition to litigation matters, Mr. Walther has performed special investigations for general counsel and audit committees concerned with ethics violations involving accounting irregularities. He has managed teams on special investigations in both the U.S. and in China. Mr. Walther is a member of the AICPA, the TXCPA, the Association of Certified Fraud Examiners, and the Houston Young Lawyers Association (“HYLA”). Mr. Walther is actively involved in various committees within these organizations including serving on the AICPA’s CFF Credential Committee, on the AICPA’s damages task force, as chair of the TXCPA Business Valuations, Forensic and Litigation Services Committee, and as the Technology Coordinator for HYLA’s Adopt-an-Angel program. In 2014, Mr. Walther was awarded the Young Leaders Award by the Pennsylvania Institute of Certified Public Accountants (formerly the 40 Under 40 award). He was also selected as one of the 25 recipients of the 2016 AICPA Forensic and Valuation Services (“FVS”) Standing Ovation Recognition program. This program is designed to recognize professionals in the FVS practice area who are 40 or under, hold either the CFF and/or ABV credential, and have exhibited exemplary professional achievement.
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