This course is the must-attend event for accountants, their counsel, and those regulating the accounting profession. Join us to hear a nationally recognized faculty of practitioners, consultants, general counsel, and SEC and PCAOB officials address the issues critical to your practice, including:
Recent SEC and PCAOB enforcement initiatives
Perspectives on accounting litigation today
Emerging issues in defending SEC and PCAOB proceedings
ADR considerations for accounting cases
Follow on proceedings after PCAOB, SEC, or civil actions
Identifying and minimizing risks from Chief Risk Officer’s perspective
The provisions and perils of new PCAOB guidance
The PCAOB inspection program
Considerations for private company audits
What’s next in audit-based litigation, including filings data, settlement trends, and more!
Organizations of all sizes face more financial and accounting regulation than ever before, both locally and globally. The risk of liability is heightened by the complex changes in the financial world.
Accountants' Liability 2016 will keep you ahead of the curve. Hear diverse and unique perspectives on the changing laws, principles, liabilities, and attitudes shaping the field of accountants’ liability today. Attend this year for valuable updates, strategies, and information, including:
Insights on SEC enforcement and SEC investigatory initiatives
Practical strategies for dealing with whistleblowers
Best practices when working with experts
Key PCAOB perspectives
Developments on the horizon and trends in audit-based litigation including filings data, settlement, and more
This year’s program also features a government keynote address, in-depth panel discussions, Q&A, and ample opportunities to network with a diverse group of colleagues and faculty. Professionals from across the country return to this course year after year - register today and find out why!
SPECIAL OFFER FOR ACCOUNTANTS
American Law Institute CLE offers 20 complimentary registrations to accounting professionals who have not previously attended this course. These registrations will be filled on a first-come basis and will be limited to two per company/firm. Interested attendees should contact Jaimee Taibi at email@example.com. This offer applies to new registrations only and may not be combined with other offers.
Who Should Attend
This course is designed for attorneys, accountants, and in-house counsel and legal staff with accounting firms.
In-person course registrants have the option of receiving their study materials on a USB drive or as a printed course book. USB drives are strongly recommended; drives contain nearly all last-minute materials and printed course books can be voluminous. Please be sure to indicate your preference when you register.
8:25 a.m. Welcome and Announcements – ALI CLE Staff
8:30 a.m. Current Developments and Course Overview – Mr. Eickemeyer
A review of this year’s regulatory, litigation, and business trends affecting the accounting profession, as well as an overview of the issues to be examined in-depth at the course.
9:00 a.m. Keynote Address – Mr. Ceresney
9:45 a.m. Independence Issues – Ms. Rendón Callahan and Messrs. Husich and Wright
Financial reporting is key to the efficient and effective operation of capital markets. A critical element of reporting is audit quality, and auditor independence is the building block upon which a quality audit stands. This session explores the high stake issues at play when auditor independence is compromised, shares preventive strategies, and reviews AICPA standards, as well as PCAOB and SEC standards for public companies. The implications of recent SEC and PCAOB enforcement actions in a variety of contexts and best practices are also discussed.
10:30 a.m. Networking and Refreshment Break
10:45 a.m. The PCAOB Inspection Program: From the Mouths of the Regulators – Ms. Munter and Mr. Fiebig
The PCAOB's top regulators discuss the PCAOB inspection program, hot trends emerging from recent inspections, best practices when going through an inspection and comment process, and things to be avoided at all costs.
11:45 a.m. Auditing and Accounting Issues and Substantive Defense Strategies in SEC and PCAOB Proceedings – Messrs. Hawke, Maloney, Schreiber, and Sorgen; and Ms. Koenigs
Representing an accountant and understanding the regulator’s focus in a SEC or PCAOB investigation require two very different sets of skills and tactics than in private litigation, because the adversary can also be the judge and jury. In this session, practitioners and SEC and PCAOB personnel discuss key substantive accounting and auditing issues likely to dominate enforcement proceedings, initiatives, and investigations this year. The panel also analyzes effective defense and negotiation strategies, as well as trial considerations.
12:45 p.m. Networking Lunch (provided by ALI CLE)
Litigating an Accountants’ Liability Case: Hear from Plaintiff and Defense Counsel – Panels composed of experienced plaintiffs’ attorneys and defense counsel offer practical advice on litigating an accountants’ liability case.
1:45 p.m. Plaintiffs’ Panel – Messrs. Lennon and Wallner
2:15 p.m. Defense Panel – Mss. Cave and Coberly and Mr. Eickemeyer
2:45 p.m. Networking and Refreshment Break
3:00 p.m. Alternative Dispute Resolution: Strategies for Meaningful Engagements – Messrs. Farina Hauben and Ms.Wine
Arbitration and mediation can be useful processes if done effectively. This session addresses issues and strategies for both dispute resolution tools. Arbitration issues include addressing limited discovery, strategies for selecting panel members and ideal panel composition, and recommendations for preparing your client for proceedings. The panel will also discuss the new AAA rules accounting disputes.
3:45 p.m. Whistleblowers and the Implications for Accounting Firms – Ms. Preheim and Messrs. Fine and Gordon
The SEC’s whistleblower program has gained momentum, presenting significant implications for accounting firms. This session reports on the status of the SEC's program, the manner in which it is impacting auditors and their clients, and the dangers presented by these volatile situations. The panel also offers practical guidance for handling these situations and protocols that firms can put in place to protect themselves.
4:45 p.m. Strategies for Working with Experts – Mr. Univer, Mss. Rudolph, and Wood
Appropriately selected and properly prepared expert witnesses are key to proving your case or challenging your opponent’s. This session explores best practices when engaging an expert, including selection, engagement letters, and the aspects of litigation that will benefit most from expert insights. The panel will also share best practices on report preparation, witness preparation, witness presentation at trial, cross examination of experts, and privilege basics.
5:30 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty
Friday, September 23, 2016
7:30 a.m. Continental Breakfast and Networking Session
8:00 a.m. In-House Counsel Speak – Messrs. Mann and Roberts, and Ms. Savitt
Client demands, budget constraints, and regulatory scrutiny bring challenges for accounting firms and their in-house counsel. During this session, counsel from national and regional firms, share their perspectives on the key legal issues they address on a daily basis, and on the difficulties of meeting client expectations, while still protecting their firms’ interests.
9:00 a.m. SEC and the Profession – Messrs. Mejia, Mixter, and Zubairi and Ms. McGuire
The establishment of the Financial Reporting and Audit Group signaled a renewed interest in accounting matters. This session examines current enforcement initiatives and trends, including activity in the pre-Wells stage, handling increased requests to present “white papers,” and dealing with these issues strategically.
10:00 a.m. Networking and Refreshment Break
10:15 a.m. Identifying and Minimizing Risks: The Life of a Chief Risk Officer – Mr. Keeley
Get an inside look at penalty cost-coverage related to data security and other risks, and understand the role of the chief compliance or chief risk officer in preparing and submitting documentation in PCAOB investigations.
11:00 a.m. The PCAOB's Perspective – Messrs. Modesti and Jama
In this informative session, PCAOB director and other staff address the latest developments in the PCAOB’s inspection and enforcement efforts with respect to both domestic and foreign audits and auditors.
11:45 a.m. Reciprocal Discipline by States: Follow-on Actions by States after PCAOB, SEC, and Civil Actions – Messrs. Herzog, Hubbell, and Eickemeyer
Many states have statutory or regulatory discipline regimes automatically triggering sanctions if a licensee is disciplined by the PCAOB or SEC. In some instances, state follow-on sanctions can pose a bigger threat to the licensee than the original sanctions. The panel surveys the state landscape of reciprocal discipline statutes and regulations, as well as the AICPA, discusses practical settlement negotiation considerations, shares strategies for interacting with state boards, and explores policy implications of automatic state sanctions in this active PCAOB inspections and enforcement era. This session also explores state-based regulatory actions influenced by civil litigation.
12:30 Lunch (On your own)
1:45 p.m. The Provisions and Perils of New PCAOB Guidance – Ms. Jacobs and Mr. Morris
This session focuses on critical audit matters (CAMs), as to which the commentary period will close this August. The faculty will explore potential liability exposures and practical pointers intended to minimize liability arising out of CAMs in this brave new world. The session will also address audit quality indicators (AQIs), as to which the commentary period closed in July 2015. The speakers will provide insights on how the AQI factors might affect or has affected audit work and relationships with Boards while we await the PCAOB’s final guidance.
2:30 p.m. Developments on the Horizon – Messrs. Cheffers and Kueppers
An analysis of audit-based litigation trends can offer guidance on future risks and how to avoid them. This crucial session examines recent case filings data, restatements, settlements, and other relevant developments of interest to both sides of the table. The implications of this data for accounting professionals, regulators, standards-setters, and counsel are also considered.
3:15 p.m. Networking and Refreshment Break
3:30 p.m. Emerging Ethical Issues– Mr. Berger
One of the first steps in counseling a client facing litigation or investigation is addressing the client’s ESI. This segment focuses on evolving ethical issues in advising accounting firm clients on document retention, discovery compliance, and information requests, as well as confidentiality. Technology presents formidable challenges to an attorney’s ethical obligations regarding preservation, confidentiality, candor toward the tribunal, and more. This session explores them all!
Virtually all ALI CLE programs receive credit in AK, AL, AZ, CA, CO, CT, DE, FL, HI, IA, IL, IN, KS, KY, ME, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, PR, SC, TN, TX, UT, VA, VI, VT, WA, WI, WV and WY. Upon request, ALI CLE will apply for credit in ID, LA, and RI.
For more information about CLE or CPE credit, email TeamMCLE@ali-cle.org or call 1-800-CLE-NEWS (253-6397).
State (General / Ethics) Expiration Date (if applicable)
Several jurisdictions limit the number of credits to be taken via on-demand. Please check with your state regulator for possible limits in your jurisdiction.
AK (12.5 / 1) 9/22/2019
AL (12.5 / 1) 12/31/2016
AZ (12.5 / 1) 9/22/2019
CA (12.5 / 1) 9/22/2019
CO (15 / 1.2) 9/22/2018
DE (11 / 1) 9/29/2017
FL (15 / 1) 3/22/2018
GA (5 / 1) 9/22/2017
HI (12.5 / 1) 9/22/2018
IA (5 / 1) 9/29/2017
ID (12.5 / 1) 9/22/2017
IL (12.5 / 1) 9/22/2018
IN (5 / 1) 9/22/2017
KY (5 / 1) 6/30/2017
LA (3 / 1) 9/21/2017
ME (4.5 / 1) 9/22/2019
MN (12.5 / 1) 9/22/2018
MO (6 / 0) 9/22/2019
MS (5 / 1) 9/22/2017
MT (4 / 1) 9/22/2019
NC (12.5 / 1) 12/31/2016
ND (12.5 / 1) 9/22/2019
NE (12.5 / 1) 9/22/2017
NH (12.5 / 1) 6/30/2017
NJ (10.8 / 1.2) 9/22/2017
NM (3 / 1) 9/22/2019
NV (12.5 / 1) 9/22/2019
NY (15 / 1) 9/22/2019
OH (12.5 / 1) 12/31/2016
OK (5 / 1) 9/22/2017
OR (12.5 / 1) 9/22/2019
PA (12.5 / 1) 9/22/2018
PR (12.5 / 1) 9/22/2019
RI (2 / 1) 9/22/2019
SC (5 / 1) 9/22/2017
TN (12.5 / 1) 9/22/2017
TX (12.5 / 1) 8/31/2017
UT (11 / 1) 12/31/2016
VA (12.5 / 1) 10/31/2017
VI (15 / 1.2) 9/22/2019
VT (9 / 1) 9/22/2019
WA (12.5 / 1) 9/22/2021
WI (10 / 0) 9/22/2019
WV (10.8 / 1.2) 9/22/2019
WY (4 / 1) 9/22/2019
AK (12.5 / 1)
AL (12.5 / 1)
AR (12.5 / 1)
AZ (12.5 / 1)
CA (12.5 / 1)
CO (15 / 1.2)
CPE (15 / 1)
DE (12.5 / 1)
FL (15 / 1)
GA (12.5 / 1)
HI (12.5 / 1)
IA (12.5 / 1)
ID (12.5 / 1)
IL (12.5 / 1)
IN (12.5 / 1)
KS (15 / 1)
KY (12.5 / 1)
LA (12.5 / 1)
ME (12.5 / 1)
MN (12.5 / 1)
MO (15 / 1.2)
MS (12.5 / 1)
MT (12.5 / 1)
NC (12.5 / 1)
ND (12.5 / 1)
NE (12.5 / 1)
NH (12.5 / 1)
NJ (15 / 1.2)
NM (12.5 / 1)
NV (12.5 / 1)
NY (15 / 1)
OH (12.5 / 1)
OK (15 / 1)
OR (12.5 / 1)
PA (12.5 / 1)
PR (12.5 / 1)
RI (15 / 1)
SC (12.5 / 1)
TN (12.5 / 1)
TX (12.5 / 1)
UT (12.5 / 1)
VA (12.5 / 1)
VI (15 / 1.2)
VT (12.5 / 1)
WA (12.5 / 1)
WI (15 / 1)
WV (15 / 1.2)
WY (12.5 / 1)
Accountants' Liability 2016: Emerging Challenges Facing the Profession (Video)
American Law Institute CLE would like to thank our sponsors for their generosity and support:
The DVD includes each course segment as a chaptered segment which can be played on your PC or DVD player.
The DVD comes with a free CD-ROM that includes the digital edition of the coursebook in searchable, bookmarked PDF format. Self-study credit may be available in various jurisdictions for DVD programs; it is recommended that participants check with their jurisdiction’s regulator regarding self-study credit acceptance and procedure.
This course is excellent for practitioners in the accounting professional malpractice space. The instructors are experience in the field and the regulators frequently make new pronouncements and/or provide valuable insights -2015 registrant.
Excellent content and presenters. Very thorough and good speakers. Well done! -2015 registrant
This ia a great conference. Learned alot! - 2015 registrant
Conference was fantastic. Speakers were dynamic, content was on point and relevant, and presentations and materials were excellent. Heavy regulatory presence was impressive, as was the fact that a number of new announcements were made. - 2015 registran
Excellent program. Very helpful - 2015 registrant
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