| Anticipating Daubert Challenges
Program Type: Recorded Webinar (Audio, PPT Presentation)
Program Level: Basic
Prerequisites: Previous training or experience with the fundamentals of accounting, finance, economics, and business writing.
Advanced Preparation: None
Delivery Method: Group Internet-Based
CPE Credits: One (1) hour
Fields of Study: Accounting
Shipping Weight: 0lbs. 0oz.
In this webinar we will explore the legal basis underlying motions in limine to exclude expert testimony with particular focus upon the landmark Daubert v. Merrill Dow case. We will address counsel's strategic use of motions to exclule experts and the afffirmative and defensive strategies and tactics that experts can use to avoid being excluded. We will explore the aspects of the work that financial experts perorm in business damages, fraud and business valuation engagements that invite motions to exclued and the aspects that create the greatest risk. We will also address how a financial expert can best guide retaining counsel to successfully respond to the motion.
After completing this webinar, attendees will be able to:
- List the various bases under which counsel may bring a motion in limine to exclued an expert witness
- Differentiate between motions brought pursuant to the Daubert matter and other bases for excluding an expert
- Identify the strategies that attorneys use to position experts to be excluded
- Articulate the defensive strategies and tactics that seasoned experts use to minimixe the likelihood of exclusion
- Identify the components of a financial expert's work that is most vulnerable to a motion to exclude
- Articulate how an expert can work closely with retaining counsel to defeat the motion to exclude
Who Should Attend
CPAs, financial forensics experts, forensic accountants, business valuation experts, damages experts
Michael Kaplan, CPA/ABV/CFF, CVA, MAFF
Mr. Michael Kaplan has more than 37 years of experience in the areas of forensic accounting, business valuation, and litigation consulting. He is a co-founder of Kaplan, Abraham, Burkert Associates, Forensic Valuation Consultants. Mr. Kaplan is called upon regularly to serve as a forensic expert in litigation matters, including business litigation, professional malpractice matters, fraud and embezzlement, intellectual property, marital dissolution, loss of earnings, employment matters, and partner and shareholder disputes. He has qualified to testify in court as an expert witness in approximately 250 matters. Mr. Kaplan has also served as a court-appointed expert and accounting referee.
Mr. Kaplan is actively involved in the educational field. He has served on the faculty of the Marshall School of Business and Leventhal School of Accounting at the University of Southern California. He has lectured to various bar association groups, CPA groups, appraiser groups, and other professional organizations. Mr. Kaplan has also lectured at regional and worldwide conferences of international associations of accounting firms. He has developed and presented continuing education programs in financial and management accounting, economic damages, forensic accounting, business valuation, and the CPA's role in litigation. He has also authored publications in the areas of business valuation, lost profits, litigation practice marketing, valuation practice management, and expert testimony.
Mr. Kaplan is a principal member of the training development team of the National Association of Certified Valuators and Analysts™ (NACVA®) and the Consultants’ Training Institute™ (CTI™). Mr. Kaplan is the recipient of NACVA’s “Circle of Light” award (the highest distinction awarded to NACVA instructors), “Instructor of the Year” award, “Instructor of Exceptional Distinction” awards, and “Outstanding Member” award.
Mr. Kaplan is president of NACVA’s Financial Forensics Institute™ and the American Institute for Expert Witness Education. He is the lead instructor of the Litigation Bootcamp for Financial Experts, Foundations of Financial Forensics Workshop, and Expert Witness Bootcamp.