Video Replay Colorado Springs Measuring Lost Profits in Litigation
December 2012
Measuring Lost Profits in Litigation
Program Highlights
What You Will Learn:
- Keynote - Lost Profits and Other Financial Damages: Lessons from the Trenches
- How to Prove or Defend Lost Profits
- Calculating Lost Profits
- Ask the Experts Panel: Tips, Techniques and Lessons Learned from a Panel of Experienced Financial Experts
Program Description:
The Colorado Society of CPAs and Colorado Bar Association CLE are pleased to announce the next edition of their bi-annual series of jointly sponsored litigation conferences. This year's one day conference will bring together a team of experienced litigation attorneys and financial experts to discuss the issue of lost profits and lost wages in litigation matters.
Agenda:
7:45am
Registration & Continental Breakfast
8:20 - 8:30am
Opening Remarks
8:30 - 10:15am
Keynote - - Lost Profits and Other Financial Damages: Lessons from the Trenches
Nancy Fannon, CPA, ABV, ASA, MCBA, Meyers, Harrison & Pia, LLC, Portland, ME
Nancy Fannon is the author of the BVR Guide to Lost Profits, now in its 2nd edition, and a frequent speaker on the issue of lost profits and related economic damages. Ms. Fannon has testified as a financial expert in federal and state courts on a wide range of lost profits related matters. This session will focus on the continuing and evolving lessons we can learn from lost profits in the courts. Both published cases and personal experiences among the panel of speakers will be highlighted in her presentation.
This session will feature:
- The court's findings on a variety of lost profits issues, including reasonable certainty, sufficiency of evidence, qualifications of the expert, and methodology;
- Lessons learned from successful motions to exclude financial experts; and
- What to say and do-and what not to say and do: Excerpts from courtroom and deposition testimony.
10:15 to 10:30am
Networking Break
10:30 - 11:45am
How to Prove or Defend Lost Profits
Presenters:
Matthew Spohn, Esq., Senior Counsel, Fulbright & Jaworski LLP, Denver, CO
Dean Richardson, Esq., Moye |White LLP, Denver, CO
Matthew Spohn is Senior Counsel in the Denver office of Fulbright and Jaworski. Mr. Spohn has worked extensively in state and federal courts on a wide range of economic damages matters, including lost profits. They will provide insights and advice from a litigator's perspective on the use of financial experts and presenting evidence in lost profits matters.
Dean Richardson practices law with Moye White, a Denver-based business law firm. His practice focuses on complex commercial litigation with an emphasis on contracts, business torts, shareholder disputes, and franchise law. Dean has prosecuted and defended cases in state and federal courts in Colorado and throughout the country. Dean graduated from George Washington University and the University of Denver College of Law (with honors) and clerked for Judge Michael Martinez on the Denver District Court and Judge Ann Sundt on the Circuit Court for Montgomery County, Maryland.
Ronald Seigneur is Managing Partner of Seigneur Gustafson LLP CPAs, based in Lakewood Colorado, where he is responsible for financial forensics, economic damages assessments, business and intellectual property valuation, exit planning and related litigation support services. He is co-author of the 1300+ page treatise on business appraisal titled Financial Valuations: Applications and Models, published by John Wiley & Sons in 2011, and Reasonable Compensation: Applications and Analysis for Management, Valuation and Tax, published by Business Valuation Resources in 2010.
11:45am - 12:45pm
Lunch (On Your Own)
12:45 - 2:00pm
Calculating Lost Profits
Robert W. Levis, CPA/ABV, ASA CFE, Levis Consulting, Colorado Springs, CO
Robert Levis is President of Levis Consulting and an experienced economic damages expert based in Colorado Springs that has worked extensively in the area of economic damages, including lost profits. Mr. Levis will provide guidance on how to calculate economic damages from a lost profits perspective and how to present expert opinions to a jury.
This session will feature:
- Engagement considerations, including preparation of engagement letters and fee agreements and document requests;
- Communication protocol and working with legal counsel and the parties;
- Expert report considerations and style;
- Recommendations regarding jury presentation style;
- An overview of Lost Profit methodologies;
- An overview of discount rate considerations potentially applicable to future estimated Lost Profits.
2:00 - 3:30pm
Ask the Experts Panel: Tips, Techniques and Lessons Learned from a Panel of Experienced Financial Experts
Presenters:
Nancy Fannon, CPA, ABV, ASA, MCBA, Meyers, Harrison & Pia, LLC, Portland, ME
Robert W. Levis, CPA/ABV, ASA CFE, Levis Consulting, Colorado Springs, CO
Moderator:
Ronald Seigneur, MBA CPA/ABV ASA CVA CFF, Seigneur Gustafson LLP, Lakewood, CO
Ronald Seigneur, MBA CPA/ABV ASA CVA CFF, Seigneur Gustafson LLP, Lakewood, CO
This panel will focus on the key elements of lost profits measurement, including discussion of the methods used to quantify lost profits and the conundrums often encountered. Projecting future performance and the use of statistics, reporting writing issues and quantification of discount rates are some of the areas that the panel will tackle, together with questions from attendees.
3:30 - 3:45pm
Networking Break
3:45 - 4:45pm
The Work of IAALS to Improve the Use of Financial Experts in Litigation
Justice Rebecca Kourlis, Executive Director, IAALS, Denver, CO
Justice Rebecca Kourlis, Executive Director, IAALS, Denver, CO
Justice Rebecca Kourlis is Executive Director of IAALS, the Institute for the Advancement of the American Legal System, and a former justice of the Colorado Supreme Court. She will discuss how civil pretrial processes involving financial experts might be streamlined to increase the experts' effectiveness and reduce client costs, reporting out on a joint project of the American Institute of Certified Public Accountants and IAALS. Justice Kourlis will also provide broad insight on similar initiatives to improve access to the courts and improve efficiencies therein.
4:45pm
Adjourn
Program Co-Chairs
Rebecca Campbell, CAE
CPE Director
Colorado Society of CPAs
Englewood, CO
Ronald Seigneur, MBA CPA/ABV ASA CVA CFF*
Managing Partner
Seigneur Gustafson LLP
Lakewood, CO
Managing Partner
Seigneur Gustafson LLP
Lakewood, CO
*Moderator
Faculty
Nancy Fannon, CPA, ABV, ASA, MCBA
Meyers, Harrison & Pia, LLC
Portland, ME
Justice Rebecca Kourlis
Executive Director
Institute for the Advancement of the American Legal System (IAALS)
Denver, CO
Robert W. Levis, CPA/ABV, ASA CFE
Levis Consulting
Colorado Springs, CO
Dean Richardson, Esq.
Moye|White LLP
Denver, CO
Matthew Spohn, Esq.
Senior Counsel
Fulbright & Jaworski LLP
Denver, CO
Location Information
Law Office of Michael D Holder
405 S. Cascade Ave.
Colorado Springs, CO 80903
Get directions
405 S. Cascade Ave.
Colorado Springs, CO 80903
Registration Fees
| Non Member | $349.00 |
| Non Member | $295.00 |
| CBA | $295.00 |
| LITIG | $279.00 |
| Non Member | $259.00 |
| New Lawyer | $259.00 |
| CLEACCESSPASS | $0.00 |
- General Credits: 8.00
- Ethics Credits:
- EDI Credits:
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