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Litigation Services Handbook, 2015 Cumulative Supplement: The Role of the Financial Expert, 5th Edition

Book Description

The financial expert's guide to best practices for litigation services

Litigation Services Handbook is the litigation "bible" for accountants, economists, and other financial experts. Newly updated to reflect recent rulings and changes in law and procedure, this uniquely useful guide covers all aspects of litigation services, with a focus on investigation throughout. Each chapter is written by an expert in the field, and draws upon their institutional knowledge, experience, and techniques to give you a concrete framework for trial preparation, testimony presentation, deposition, fraud investigation, and more. A wealth of cases illustrates how to prove damages, and gives you real-world insight into the entire litigation process from a financial expert's perspective. The discussion includes Sarbanes-Oxley implementation, new technological tools, and the practical consideration of court appearances.

The need for financial experts to act as witness and consultant to litigating attorneys is growing faster than litigation itself, and it's important for practitioners offering their services to have a firm grasp of the necessary procedures and expectations surrounding effective financial litigation consultation. This guide provides the most up-to-date case law and best practices financial experts need to know.

  • Understand the accountant's role in litigation

  • Conduct a thorough investigation that proves damages

  • Present your testimony accurately, thoroughly, and eloquently

  • Maintain authority under direct and cross examination

  • Twenty years ago, few certified public accountants or economists offered litigation-related services; now, a large number devote their practice to this area. As the practice evolves, so do the procedures, tools, and methods. Comprehensive and up-to-date, Litigation Services Handbook is the indispensable reference that every practitioner needs to succeed in offering litigation support services.

    Table of Contents

    1. Cover Page
    2. Title Page
    3. Copyright
    4. CONTENTS
    5. PREFACE
    6. ABOUT THE EDITORS
    7. ABOUT THE CONTRIBUTORS
    8. CHAPTER 4A: CONVOLVING ASSUMPTIONS IN MEASURING DAMAGES
      1. 4A.1 PREFACE
      2. 4A.2 ASSIGNMENT
      3. 4A.3 CONCLUSION
      4. 4A.4 ANALYSIS
      5. 4A.5 SUMMARY EXHIBITS
      6. 4A.6 ADDENDUM ON CONSULTING
      7. 4A.7 EPILOGUE: PRESENTATION TO THE COURT
      8. APPENDIX: EXHIBITS PROVIDED TO THE COURT
      9. NOTES
    9. CHAPTER 6A: SURVEY RESEARCH IN LITIGATION
      1. 6A.1 INTRODUCTION
      2. 6A.2 PLANNING THE SURVEY AND IDENTIFYING ITS PURPOSE
      3. 6A.3 SAMPLE DESIGN AND SELECTION
      4. 6A.4 ADDITIONAL CONSIDERATIONS FOR SAMPLING DESIGN
      5. 6A.5 QUESTIONNAIRE DESIGN
      6. 6A.6 SURVEY MODE (DATA COLLECTION)
      7. 6A.7 POSTSURVEY ADJUSTMENTS
      8. 6A.8 SURVEY ANALYSIS
      9. 6A.9 CONCLUSION
      10. NOTES
    10. CHAPTER 10A: GOING CONCERN
      1. 10A.1 INTRODUCTION
      2. 10A.2 GOING CONCERN UNDER ACCOUNTING PRONOUNCEMENTS
      3. 10A.3 LEGAL STANDARDS
      4. 10A.4 KEY FACTORS
      5. APPENDIX: RECOMMENDATIONS FOR MINIMIZING LIABILITY
      6. LIST OF CASES
      7. NOTES
    11. CHAPTER 13A: REMEDIATION (NEW)
      1. 13A.1 INTRODUCTION
      2. 13A.2 REMEDIATION VERSUS INVESTIGATION
      3. 13A.3 INDEPENDENCE AND PRIVILEGE
      4. 13A.4 WHEN TO START
      5. 13A.5 ROOT PROBLEMS AND CAUSES
      6. 13A.6 REMOTE OR PERVASIVE
      7. 13A.7 DISCIPLINE OF PRIMARY AND SECONDARY ACTORS
      8. 13A.8 ENHANCING COMPLIANCE PROGRAM AND CONTROLS
      9. 13A.9 SELF-REPORTING
      10. 13A.10 RESTITUTION AND RECOVERY
      11. 13A.11 DAMAGED CULTURE AND RELATIONSHIPS
      12. APPENDIX: ASSESSING THE REMEDIATION PROGRAM
      13. NOTES
    12. CHAPTER 25A: ROYALTY AUDITS AND CONTRACT COMPLIANCE INVESTIGATIONS* (NEW)
      1. 25A.1 INTRODUCTION
      2. 25A.2 RIGHTS COMMONLY SUBJECTED TO CONTRACT COMPLIANCE INVESTIGATIONS
      3. 25A.3 REASONS FOR CONTRACT COMPLIANCE INVESTIGATIONS
      4. 25A.4 COMPARING CONTRACT COMPLIANCE INVESTIGATIONS AND FINANCIAL STATEMENT AUDITS
      5. 25A.5 OVERVIEW OF STAGES OF CONTRACT COMPLIANCE
      6. 25A.6 PLANNING
      7. 25A.7 FIELDWORK
      8. 25A.8 REPORTING
      9. 25A.9 CONCLUSION
      10. NOTES
    13. CHAPTER 34A: THE FINANCIAL ILLITERACY DEFENSE: OPTIONS BACKDATING
      1. 34A.1 INTRODUCTION
      2. 34A.2 BACKGROUND
      3. 34A.3 THROUGH 2005, NO CLEAR MEASUREMENT DATE IN APB 25 APPLIED TO AS-OF GRANTS
      4. 34A.4 AMBIGUITY IN GAAP FOR AS-OF GRANTS UNTIL 2006
      5. 34A.5 EVALUATION OF ACCOUNTING TRAINING FOR AS-OF GRANTS
      6. 34A.6 FINANCIAL LITERACY
      7. 34A.7 CONCLUSION
      8. APPENDIX: EVOLUTION OF THE ACCOUNTING GUIDANCE FOR EMPLOYEE STOCK OPTIONS FROM THE MID-1990S TO 2006
      9. NOTES
    14. CHAPTER 35A: FAIR LENDING LITIGATION
      1. 35A.1 INTRODUCTION
      2. 35A.2 LEGAL BACKGROUND
      3. 35A.3 CATEGORIES OF DISCRIMINATION: DISPARATE TREATMENT AND DISPARATE IMPACT
      4. 35A.4 STATISTICAL BACKGROUND
      5. 35A.5 FORMS OF DATA USED IN FAIR LENDING LITIGATION
      6. 35A.6 UNDERWRITING
      7. 35A.7 PRICING
      8. 35A.8 REDLINING
      9. 35A.9 DEFAULT SERVICING
      10. 35A.10 CONCLUSION
      11. NOTES
    15. CHAPTER 35B: RECENT BANK FAILURES AND THE FORENSIC ACCOUNTANT'S ROLE
      1. 35B.1 BANK FAILURES AND RELATED LITIGATION IN THE CURRENT ECONOMIC CRISIS
      2. 35B.2 THE LIFE CYCLE OF PROFESSIONAL LIABILITY LITIGATION: FROM PREFAILURE THROUGH LITIGATION
      3. 35B.3 CONSIDERATIONS FOR ACCOUNTANTS
      4. NOTES
    16. CHAPTER 37A: HEALTH CARE FRAUD AND FALSE CLAIMS ACT DAMAGES
      1. 37A.1 INTRODUCTION
      2. 37A.2 THE HEALTH CARE REIMBURSEMENT SYSTEM
      3. 37A.3 BACKGROUND AND PURPOSE OF THE FCA
      4. 37A.4 APPROACHES TO DAMAGES CALCULATIONS
      5. 37A.5 PRACTICAL CONSIDERATIONS FOR THE EXPERT WITNESS
      6. NOTES
    17. INDEX