Working Effectively With Attorneys (How to Be a Better Expert)
You’ve honed your valuation skills through education, training, and experience and have been educating clients about what their businesses have been worth for years. Now litigation counsel is asking you to educate judges and juries about the economics of a complex commercial dispute. The best way to be an effective expert, in addition to having those well-honed skills, is to gain an understanding of both the litigation forum and the general needs of counsel. This ...
How to succeed as a business valuation expert, from a Queen’s Counsel who’s seen the best—and the worst
One of the most engaging—and humorous—presentations from the recent ICAEW Valuation Community Annual Conference at Moorgate Place came from Augustus Ullstein QC.
Avoiding Ethics Violations When Working on Divorce (or Other) Cases
A session at the AAML/BVR National Divorce Conference did a good job explaining how attorneys and financial experts must think about ethical issues that may arise while working on a divorce (or any other) engagement so as to ensure they abide by their profession’s rules of ethics and work together in an effective and efficient way.
Divorce conference speakers discuss ethics traps and how to avoid them
At the recent AAML/BVR divorce conference in Las Vegas, one of the sessions that drove home the advantages of an interdisciplinary discussion was on ethics.
The Secrets to Expert Testimony That Engages and Persuades a Court
Some techniques to help prevent experts from imploding during fierce cross-examination.
Tax Court’s Exelon ruling, turning on compromised appraisals, withstands appeal
In 2016, Tax Court Judge Laro ruled on the legitimacy of a series of Section 1031 transactions involving Exelon, an Illinois-based energy giant.
Damages testimony undergoes Daubert treatment in class certification stage
Class actions have their own rules, including when it comes to expert testimony. An unresolved issue is whether damages expert testimony is subject to a Daubert inquiry at the class certification stage, before the court has approved the request to proceed as a class action. The U.S. Supreme Court has yet to give clear guidance, but defendants are increasingly proactive and move to exclude the testimony at the beginning of the litigation in an attempt to thwart class certification and knock the case out early.
Mary Ann Linsell v. Applied Handling, Inc.
The Michigan Court of Appeals determined that a financial expert should not be excluded as a discovery sanction when the failure to provide supplemental responses to interrogatories from an expert are occasioned by a delay in providing necessary information.