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| Don't Get Struck: Why Financial Experts Get Excluded and How to Avoid It (2194Q) |
Course CPE: 2 hours
Field(s) of Study: Economics–2 hrs
Program Level: Intermediate
Prerequisites: Previous training or research on subject matter being taught. Such persons are often at a mid-level within the organization, with operational and/or supervisory responsibilities.
Advanced Preparation: None
Delivery Method: QAS Self-Study |
Item
Number: 25SEW0912DGS
Shipping Weight: 0lbs. 0oz. |
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$147.00 |
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Recording Date: September 12, 2025
Presenter: Thaddeus D. Wilson and Jordan W. Leu
Program Description:
In this session, the presenters will address common factors leading to the exclusion of testimony from damages and valuation experts, along with recent trends and notable court opinions.
We will start by covering the legal standards for the admission of expert testimony, including substantive expertise, relevance, reliability, and adequate foundation. As part of this discussion, examples of questioning that did (or did not) result in an expert being “qualified” by a trial judge to testify in court will be given.
Common technical mistakes that have led to exclusion or other problems will be described and presented, such as: applying a premise of value not appropriate to the situation at hand (e.g., liquidation value when going-concern value is more appropriate; synergistic value when fair value is the legally required standard; current value when solvency must be evaluated as of a specific prior date); double-counting damages for lost profits and lost business value over the same period of time; offering a valuation based on information that would not have been known or knowable as of the effective date of the valuation; failing to track documents reviewed in accordance with applicable rules; and reliance on privileged materials not available to the opposing party.
After covering legal and technical issues, the presenters will use a case-study approach to summarize current trends in the admission or exclusion of expert testimony, including recent opinions in which a federal or state court excluded a financial expert or limited the scope of his or her testimony.
Finally, alternative approaches that might have allowed the experts from our case studies to have offered testimony similar to what was excluded will be presented.
After completing this course, you will be able to:
- Determine expert testimony in an admissible, compelling format
- Identify and avoid common pitfalls that can lead to the exclusion of expert testimony
- Recognize recent cases involving challenges to damages and valuation opinions
- Differentiate frequent substantive weaknesses in expert reports that can lead to exclusion
- Determine how experts who were excluded might have avoided that result
For more information regarding refund or concerns, please contact our offices at (800) 677-2009.
The Consultants’ Training Institute (CTI) is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org. |
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