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Daubert - Keeper of the Gate (12 pp) (relevancy score: 100%)

by Todd Winegar
from Deposing Einstein: Achieving Success with Experts (September 6, 2012)

Rule 703 allows an expert to use facts and data: 1. Perceived by the expert; 2. Made known to the expert at or before the hearing; or 3. Inadmissible evidence, if such evidence is `reasonably relied upon by experts in that field.' `Conduit evidence,' where the testifying expert `unreasonably' relies on evidence from other experts to get it before the court. If expert "A" used facts or data that is found inadmissible, and not reasonably relied upon by experts in his field; and expert "B" ...

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Checklist for Use in Preparing for an Expert Deposition (26 pp) (relevancy score: 100%)

by Todd Winegar
from Deposing Einstein: Achieving Success with Experts (September 6, 2012)

1. Subpoena the expert's file (including all electronic documents, drafts of reports, emails with other experts, emails with counsel, etc.). 2. Expert report. - Meet with your expert, and outline the questions regarding the case facts, opinions, basis of opinion etc. to ask the expert. V1.4 19 45 24. OTHER EXPERTS IN THE FIELD [Goal: Get the expert to commit that another expert, who you knows has a treatise or other opinion that is favorable to you, to acknowledge the expertise of the ...

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Outline of Presentation Slides (24 pp) (relevancy score: 100%)

by Todd Winegar
from Deposing Einstein: Achieving Success with Experts (September 6, 2012)

Expert = Highway Patrol Highway Patrol: 69.3 mph Expert = USAF engineers Expert Engineers: 43 MPH Client: Under 20 mph Eyewitnesses: 15-19 mph The Truth ??? Departing partner "expert" ­ $580 million Remaining partner "expert" - $17 million What is an expert? Step by Step "Science" is run by humans Errors always occur Look for errors at each step Step by Step Steps ­ (100?)

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Nerdy Things Lawyers Should Know About Electronic Evidence (244 pp) (relevancy score: 100%)

by Craig D. Ball
from Ten Nerdy Things Lawyers Should Know About Electronic Evidence (October 2, 2012)

All too frequently, lawyers for requesting parties demand discovery of "the metadata" without specifying what metadata is sought, and lawyers for producing parties fail to act to preserve metadata of genuine value and relevance. Metadata Mix-up: Application Metadata To the extent lawyers have heard of metadata at all, it's likely in the context of just one species of metadata called application metadata with the fearsome potential to reveal confidential or privileged information embedded ...

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Defining the Profession's Role in the Changing Global Economy (16 pp) (relevancy score: 100%)

by John H. Eickemeyer, Esquire
from Accountants’ Liability: Litigation and Issues in the Wake of the Financial Crisis (September 13, 2012)

· No TimeTable For IncorporaSng IFRS Into U.S. Public Company ReporSng · July 2012 SEC Final Staff Paper: Concerns Expressed About Content and ApplicaSon of IFRS, the Role of the FASB, the Costs and Burdens of TransiSoning To IFRS and Investor Understanding of IFRS 8 · July 2012 SEC Staff Paper: No RecommendaSon For IncorporaSon of IFRS Into U.S. Public Company ReporSng · No Timetable for SEC AcSon · August 2012: AICPA Chair Says IFRS Won't Be Seen In U.S. for 5 to 6 Years "At Soonest" · So, ...

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Re-Examining the Power of Litigation Trusts (24 pp) (relevancy score: 100%)

by Veronica E. Rendon, Esquire Andrew J. Morris Caryn L. Jacobs
from Accountants’ Liability: Litigation and Issues in the Wake of the Financial Crisis (September 13, 2012)

22 7 THE BASELINE: LIMITATIONS ON BANKRUPTCY TRUSTEES 8 THE BASELINE: LIMITATIONS ON BANKRUPTCY TRUSTEES Bankruptcy trustees hold some advantages in litigation: ·Fees are paid by the estate regardless of the merits of the claims. 22 LITIGATION TRUSTS IF YES: ·Trustee receives deference afforded bankruptcy trustees oIncluding relaxed pleading requirements ·But: Trustee is bound by in pari delicto ·But: Trustee cannot assert claims for creditors 30 23 LITIGATION TRUSTS IF NO: ·Trustee can ...

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U.S. Regulatory Issues for Non U.S. Accounting Firms (6 pp) (relevancy score: 100%)

by Jon Block Jonathan A. Roberts, Esquire
from Accountants’ Liability: Litigation and Issues in the Wake of the Financial Crisis (September 13, 2012)

45 Inspec/ons · Scope ­ SOX authorizes the PCAOB to inspect registered firms in connecKon with audit work for "issuers" and (following 2010 amendments) a firm's audit work for brokers or dealers ­ RegistraKon alone does not require inspecKon Many PCAOBregistered firms perform no issuer work and the PCAOB does not inspect those firms ­ PCAOB might also inspect other registered firms that play a role in the audit of an issuer and does annually inspect some firms in that category · ...

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Regulatory and Litigation Developments Facing International Accounting Firms (12 pp) (relevancy score: 100%)

by Michael D. Warden
from Accountants’ Liability: Litigation and Issues in the Wake of the Financial Crisis (September 13, 2012)

48 2 49 BEIJING BRUSSELS CHICAGO DALLAS FRANKFURT GENEVA HONG KONG HOUSTON LONDON LOS ANGELES NEW YORK PALO ALTO SAN FRANCISCO SHANGHAI SINGAPORE SYDNEY TOKYO WASHINGTON, D.C. Regulatory and Litigation Developments Facing International Accounting Firms Thursday, September 13, 2012 Michael D. Warden ALI CLE Accountants' Liability: Litigation and Issues in the Wake of the Financial Crisis Regulatory and Litigation Developments Facing International Accounting Firms · Issues Facing Foreign Public...

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Accounting, Reporting and Auditing Update (8 pp) (relevancy score: 100%)

by John H. Eickemeyer, Esquire Vincent J. Love, CPA
from Accountants’ Liability: Litigation and Issues in the Wake of the Financial Crisis (September 13, 2012)

GAAP/IFRS Private Company GAAP/IFRS-SME SAS Clarity Project Auditor Rotation Auditors' Responsibility for Detecting Fraud 62 The SEC Staff Final Report does not include any conclusions. It focuses the SEC's and the readers' attention on certain important considerations, including: ·IFRS are high quality standards in general ·Certain areas may require special accounting treatment ·There is an uneven understanding of IFRS ·The FASB or similar organization should review and indorse IFRS use in ...

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Of Horseshoe Nails and Kingdoms: Litigating Causation in Common Law Professional Negligence Cases and in Securities Class Actions (64 pp) (relevancy score: 100%)

by Amelia Toy Rudolph, Esquire
from Accountants’ Liability: Litigation and Issues in the Wake of the Financial Crisis (September 13, 2012)

I. COMMON LAW PROFESSIONAL NEGLIGENCE CLAIMS A. The Fundamentals 1. Causation Is an Essential Element of a Professional Negligence Claim. Causation, while enumerated as one of four essential elements of a professional negligence claim, is frequently analyzed in two components: (1) factual or "but-for" causation, also known as cause in fact, and (2) legal, or proximate, causation.1 1 Not all states embrace this two-part causation analysis. (b) Legal or Proximate Causation Proximate cause, or...

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Expert Reports and Discovery: What You Need to Know Under the Recently-Amended Federal Rules of Civil Procedure and Select State Law (26 pp) (relevancy score: 100%)

by Elizabeth Vranicar Tanis, Esquire
from Accountants’ Liability: Litigation and Issues in the Wake of the Financial Crisis (September 13, 2012)

C. This paper will survey the current law on expert reports, including initial, rebuttal, and supplemental reports, under Rule 26. It will also review methods by which a party can challenge a deficient report submitted by an expert. EXPERT REPORTS UNDER FEDERAL RULE OF CIVIL PROCEDURE 26 A. The Language of the Amended Rule 1. The current Rule 26(a)(2) provides as follows: (2) Disclosure of Expert Testimony. And in its rebuttal expert report, it presents expert opinions refuting the ...

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Recent SEC Accounting and Auditing Enforcement Releases (10 pp) (relevancy score: 100%)

from Accountants’ Liability: Litigation and Issues in the Wake of the Financial Crisis (September 13, 2012)

158 2 159 ALI-ABA ACCOUNTANTS' LIABILITY CONFERENCE CHICAGO, ILLINOIS MILLENNIUM KNICKERBOCKER HOTEL SEPTEMBER 13-14, 2012 RECENT SEC ACCOUNTING AND AUDITING ENFORCEMENT RELEASES © August 2012 Christian J. Mixter1 The Securities and Exchange Commission's enforcement program against accountants and auditors is tracked through the "Accounting and Auditing Enforcement Releases" or "AAERs" that the SEC posts on its Website.2 AAERs announce new injunctive and administrative enforcement actions and...

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Recent Accounting-Related SEC Actions (8 pp) (relevancy score: 100%)

by Junaid A. Zubairi
from Accountants’ Liability: Litigation and Issues in the Wake of the Financial Crisis (September 13, 2012)

34-67472 Alleged Violations: 13(a), 13(b)(2)(A)­(B) of the Securities Exchange Act; 12b-20, 13a- 1, 13a-13 of the Commission's Rules of Practice. This action was brought against Aon Corporation alleging "violations of the books and records and internal controls provisions of the Foreign Corrupt Practices Act. Alleged Violations: 30(a), 13(b)(2)(A)­(B), and 13(b)(5) of the Securities Exchange Act; Rules 13a-14, 13b2-1, and 13b2-2 This action was brought against Paul W. Jennings, former ...

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Accountants Professional Liability Scorecards and Commentary (24 pp) (relevancy score: 100%)

by Mark L. Cheffers, CPA, ABV Robert J. Kueppers
from Accountants’ Liability: Litigation and Issues in the Wake of the Financial Crisis (September 13, 2012)

Audit Fees & Non-Audit Fees as a Percentage of Total Fees Audit Fees 90.00% 72.88% 78.68% 79.71% 78.67% 79.55% 79.66% 80.00% 70.00% 49.54% 58.86% 60.00% 50.00% 40.00% 50.46% 41.14% 30.00% 27.12% 20.00% 21.32% 20.29% 21.33% 20.45% Non-Audit Fees 10.00% 20.34% 0.00% 2002 2003 2004 2005 2006 2007 2008 2009 Audit Fees NonAudit Fees Source: Audit Fees and Non-Audit Fees, An Eight Year Trend published May 2011 by Audit Analytics. Non-Audit Fees are the aggregate of the following fees disclosed...

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Recent PCAOB & SEC Administrative Proceedings Against Auditors (14 pp) (relevancy score: 100%)

by Scott B. Schreiber, Esquire
from Accountants’ Liability: Litigation and Issues in the Wake of the Financial Crisis (September 13, 2012)

200 2 201 Recent PCAOB & SEC Administrative Proceedings Against Auditors Scott B. Schreiber Arthur Luk Daniel M. Friedman1 The Sarbanes-Oxley Act of 2002 established the Public Company Accounting Oversight Board ("PCAOB" or "Board") and vested the PCAOB with the authority to maintain disciplinary proceedings, and to impose sanctions under appropriate and defined circumstances, against auditors who are found to have violated the Sarbanes-Oxley Act, the federal securities laws and/or PCAOB ...

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Practical Problems (8 pp) (relevancy score: 100%)

by Scott M. Univer, Esquire
from Accountants’ Liability: Litigation and Issues in the Wake of the Financial Crisis (September 13, 2012)

Social Media Policies Use of Social Media · 175 million Americans have a profile · > 50% of workers older than 55 use social media · 65% of small businesses use social media in recruiting · 83% of law enforcement professionals responding to a survey use social media in their investigations 6 218 III. Social Media Policies Misuse of Social Media 7 Image Source: http://www.christophechoo.com/guarantee-a-rich-new-year-3-hidden-ancient-fears-how-to-eliminate-them/ III. Social Media Policies ...

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Advising Smaller Accounting Firms (14 pp) (relevancy score: 100%)

by John H. Eickemeyer, Esquire Ronald S. Herzog, Esquire
from Accountants’ Liability: Litigation and Issues in the Wake of the Financial Crisis (September 13, 2012)

These issues include the client's assertion that it did not understand the nature and scope of the engagement, or any limitation of the engagement or the services that were being provided. As a matter of policy, an accounting firm's reports on client financial statements should be provided only to the client and should not be sent directly from the accountant to the non-client. Attorneys who review or draft engagement letters for their accounting firm clients should assure that engagement ...

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Electronic Documents and Cloud Computing: What the Attorney Representing Accountants Should Know (18 pp) (relevancy score: 100%)

by Steven R. Berger
from Accountants’ Liability: Litigation and Issues in the Wake of the Financial Crisis (September 13, 2012)

While paper documents and electronic documents may contain the same substantive information, the electronically stored information (ESI) presents risks and poses questions about litigation discovery, attorney-client privilege and confidentiality that are unique to the medium in which such information is stored. 3 · Federal Rule of Civil Procedure 34 setting out the rule for producing documents, including ESI · Federal Rule of Civil Procedure 37 providing authority to the courts it levy ...

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What Should A Lawyer Look For When Reviewing An Appraisal In Eminent Domain-supplemental material (60 pp) (relevancy score: 100%)

from Condemnation 101: Winning the High Ground with Fundamentals of Eminent Domain Valuation and Trial Practice (January 26, 2012)

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The Courts Explain It All: Judicial Pearls of Wisdom in Eminent Domain Cases OR The Basics of an Eminent Domain Case from the Condemnee's Perspective-supplemental material (20 pp) (relevancy score: 100%)

from Condemnation 101: Winning the High Ground with Fundamentals of Eminent Domain Valuation and Trial Practice (January 26, 2012)

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