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As Michael Kaplan notes in the 2009 edition of The Comprehensive Guide to Lost Profits Damages, "lost profits calculations are invariably done in the context of a legal dispute, with an eye toward possible resolution or an eventual trial." As forensic accountants or expert witness, appraisers are expected to provide testimony and provide factual and opinion evidence to assist the court in understanding the financial matters. It is imperative then, that an expert understand what forensic evidence is, how it should be used in his or her analysis, and the potential problems if forensic evidence is not appropriately incorporated into an analysis.
In Part 3 of BVR's Webinar Series on Damages Essentials, Kaplan will join Rebekah Smith to cover the ins and outs of forensic evidence and its place in lost profits damages cases. From gathering and examining this evidence to utilizing it to support an unimpeachable conclusion, Kaplan and Smith will show how to put the court's rules to best use. As Kaplan writes, "an expert who proffers opinions that are so well-supported by forensic evidence that counsel is moved to the settlement table is an expert who has been most effective in serving the case and the client."
Program Agenda
What forensic evidence means in the context of a lost profits case
What indicates the need for forensic evidence
How to appropriately use forensic evidence in a damages calculation or financial analysis
The dangers of not properly incorporating forensic evidence
Net sum zero opinions
How the courts have ruled on cases involving the use of forensic evidence
Case studies where an opinion or analysis hinged on the appropriate use of forensic evidence
Learning Objectives
Understand how to properly utilize forensic evidence in a damages calculation or other financial analysis for the courtroom
Recognize where forensic evidence is needed and learn how to obtain that evidence in support of your calculations
Learn the best practices for dealing with situations where forensic evidence is not appropriately incorporated into an analysis
Learn where the court stands on issues relating to the use of forensic evidence and what those positions mean for you, the expert witness or forensic accountant
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