Recommended CPE Credit: 8 Hours Total | 1 Hr Tax, 3 Hrs A&A, 4 Hrs Consulting
The CPA’s Role in Distressed Business Litigation (A&A)
Josephine Giordano, BeachFleischman PC
Learn the important role of CPAs providing litigation support services to distressed businesses as a result of COVID-19 and its lingering economic impact.
Economic Damages: Evaluating reasonable certainty and causation when calculating lost profits in COVID-19 environment (A&A)
Michael A. Fahlman, Berkeley Research Group, LLC
Learn how to evaluate reasonable certainty and causation when calculating lost profits in a COVID-19 environment. This session will consider and apply professional guidance and case law to challenges facing economic damages experts in today’s environment.
Testifying War Stories (Consulting)
Moderator: Brendan James Kennedy, ATLAS CPAs & Advisors PLLC
Panelists: Lynton Kotzin, Kotzin Valuation Partners, LLC and Frank Pankow, Pankow Company, P.C.
Learn from seasoned testifying experts how to testify with confidence and what things to do or not to do before and during testifying.
Business Interruption Loss – Sniffing Out Misrepresentations (A&A)
Michael Haugen, J.S. Held
For any practitioner involved in measuring business interruption loss claims, this course will cover duties and best practices for sniffing out policyholder misrepresentations, including key factors to consider when navigating these scenarios with clients.
Reports of CPA Litigation Experts – What Attorneys Are Looking For in Expert Reports and in Their Direct and Cross-Examination of Experts (Consulting)
Jeffrey G. Pollitt, Jeffrey G. Pollitt, P.C.
In this session you will learn about the characteristics of a winning report, what not to include in a litigation report, how and why to footnote facts and legal authority, and many other hot topics in reporting.
Economic Update (Consulting)
Elliott D. Pollack, Elliott D. Pollack & Company
Understand the latest economic trends, risks and opportunities going forward.
M&A COVID Effects (Consulting)
Moderator: Lance A. Meilech, IBG Fox & Fin Financial Group, LC
Panelists: Jonathan Ariano, Kotzin Valuation Partners, LLC and Michael R. Metzler, Henry+Horne
Learn from a panel of experts about how M&A has impacted valuation during COVID-19.
Unique Aspects of Gift and Estate Tax Valuations (Tax)
Cindy Andresen, Kotzin Valuation Partners, LLC
At the end of this session you will gain an understanding of the primary differences in the valuation of holding companies and operating companies, important things to consider when valuing multi-tiered entities and why 2020 is a good year for gift and estate tax valuations.
Sponsorship opportunities are available. For details, contact Heidi Frei, MBA, ABC, Director of Marketing at (602) 324-4743 or at email@example.com
This conference is designed for all practitioners who are involved in business valuations and forensic and litigation services. Get up to speed on considerations, methodologies and rulings on a variety of business valuation, forensic accounting and litigation services topics.
Pankow, Frank G.
Frank G. Pankow, ASA, CPA/ABV, MCBA, CFF, is president of Pankow Company, P.C. Business Appraisers, a firm located in Phoenix that specializes in business valuation for family law, estate planning and other purposes. Mr. Pankow received his undergraduate accounting degree from Arizona State University, magna cum laude. He is qualified as an expert witness in Maricopa and Coconino County Superior Courts (AZ), Clark County District Court (NV) and Federal Bankruptcy Court. Mr. Pankow has also served as Special Master in domestic relations cases. He has been an instructor for the State Bar of Arizona, the Maricopa County Bar Association, the American Institute of CPAs, the American Society of Appraisers (ASA) and the Arizona Society of CPAs (ASCPA). Mr. Pankow has also served as chairman of the Business Valuation and Litigation Services Committees of the ASCPA, president and vice-president of the Phoenix Chapter of the ASA, a member of the ASA International Board of Examiners, a member of the ASA Education Subcommittee and member of the Certification Advisory Committee for the Arizona State Board of Accountancy. Mr. Pankow was also one of the financial experts in the Rueschenberg matter.
Pollitt, Jeffrey G.
Jeffrey G. Pollitt focuses his practice on complex financial divorce litigation, busines valuation litigation, prenuptial agreement litigation, mediation engagements and family law appellate cases. He is a frequent speaker at basic through advanced state and county bar family law and probate seminars. Pollitt has authored 11 books. He received his J.D. from Arizona State University, his M.B.A. from the University of Kentucky and his B.B.A. from Eastern Kentucky University.
Pollitt is a Fellow of the American Academy of Matrimonial Lawyers and is certified as a family law specialist by the State Bar of Arizona. Pollitt’s practice includes all aspects of divorce litigation, with special emphasis on:
Complex financial issues,
High-income spousal maintenance and child support matters,
Professional practice and business valuations,
High-asset tracing and commingling issues,
Family law appellate cases,
Litigation and consulting on prenuptial agreements, and
Mediation of complex family law cases.
Pollitt also has extensive experience as a court-appointed family law special master. He was appointed in 2010 to serve on the attorney discipline probable cause committee and has been reappointed to serve through 2020. The probable cause committee is tasked with scrutinizing State Bar charges of unethical or unprofessional conduct against lawyers. The committee protects the public interest and ensures consistent treatment of lawyers.
Pollitt frequently presents legal seminars for basic through advanced course work for lawyers, and he has authored numerous articles and mathematical formulas that assist attorneys with complex financial issues related to divorce litigation.
Metzler, Mike Ronald
Mr. Metzler concentrates his practice on transaction advisory services which includes: M&A consulting, financial due diligence assignments (quality of earnings) and exit planning consulting. Additionally, Mr. Metzler performs appraisals for federal gift tax purposes, stock owned by an ESOP Trust, ESOP transactions and business owner disputes. Mr. Metzler is also involved in fraud investigations, contract disputes, bankruptcy related litigation, acquisition disputes, employee embezzlement, trust disputes and investment scams.
Meilech, Lance A.
Lance Meilech is a merger and acquisition advisor who began working with Fox & Fin/IBG in 2006. He began business career in sales, representing companies that sell office equipment and computers, and eventually became a securities dealer. Extensive experience in international markets and fluent in multiple languages. As an entrepreneur, started, built and sold several companies, including a software development company and a multi-location education company. Immediately prior to association with Fox & Fin, started and built from the ground up one of Phoenix’s top tax firms.
Masters Degree in Finance and a Masters in Taxation as well as holding an Arizona real estate license. Decades of experience in valuing businesses and advising clients on a wide range of strategic and management issues for companies small and large, and has testified frequently in depositions and courts of law as an expert witness on business valuations.
In-depth practical experience in multiple aspects of business operations, financial background and educational credentials enables understanding of the concerns of business owners and buyers. This unique combination of experience and skills enables assisting of clients through all aspects of the business transfer process. Member of the Arizona Technology Council and the Arizona BioIndustry Association. Lance maintains his FINRA Series 79, 82 and 63 with Stillpoint Capital LLC.
Cindy Andresen is a Director at Kotzin Valuation Partners. She has more than 25 years of business experience that includes business valuation, financial analysis, and portfolio management. At Kotzin Valuation Partners she provides business valuation services for estate and gift tax purposes, employee stock ownership plans (ESOPs), marital dissolution, internal planning, buy/sell purposes, conversion of C to S Corporation status, IRC 409A and charitable contributions. She is an Accredited Senior Appraiser in Business Valuation from the American Society of Appraisers. She currently serves on the Board of Directors for Central Arizona Estate Planning Council.
Jonathan Ariano's practice focuses on representing growth-oriented and entrepreneurial clients, often in connection with the firm's outside general counsel practice. He routinely represents companies in business transactions and corporate governance matters, including mergers and acquisitions, venture capital, debt and private equity financing and securities offerings.
Kotzin, Lynton M.
Lynton M. Kotzin, CPA, ABV, CFA, ASA, CBA, CFF, CIRA, is the managing partner of Kotzin Valuation Partners. He has provided business valuation and, as appropriate, litigation support services for: estate and gift tax purposes, dissenting stockholder actions, stock option valuation, financial reporting, marital dissolution, lost profits in commercial litigation, mergers and acquisitions, purchase price allocation, collateral determination for asset securitizations and bankruptcy proceedings.
Kotzin has also performed extensive industry and financial analysis and developed valuation models across a broad spectrum of industries. In addition, he has valued intangible assets for purchase price allocation and licensing transactions.
His diverse industry experience includes manufacturing, retail, wholesale, service, professional practices, and real estate. Kotzin was a director in the Corporate Value Consulting Group of PricewaterhouseCoopers.
Kotzin has been a guest speaker for the State Bar of Arizona and made numerous presentations and written several articles on business valuation and related topics. He has provided expert testimony in deposition and trial, and been designated an expert in the field of business valuation.
Kennedy, Brendan J.
Brendan J. Kennedy is a partner with ATLAS CPAs and Advisors PLLC with offices in Arizona, Colorado, Iowa and Illinois. Mr. Kennedy is responsible for the business valuation and litigation support services within the firm. Mr. Kennedy's professional experience includes over thirty-five years in the business concentrations of finance and accounting, with emphasis in business valuation, litigation support, financial analysis and presentation, forecasting, and mergers and acquisitions. He has served clients with businesses in many industries including manufacturing, wholesale, distribution, retail, healthcare, law, real estate and other professional services. Mr. Kennedy has also testified as an expert witness in the area of business valuation and economic damages in both state and federal courts.
Mr. Kennedy’s certifications and credentials are a testament to his devotion to the profession to which he has dedicated his career. Below is a list of Mr. Kennedy’s academic achievements, professional credentials and affiliations.
Academic Achievements and Professional Credentials
Certified in Financial Forensics (CFF), American Institute of CPAs, 2008
Accredited Senior Appraiser (ASA), American Society of Appraisers, 2004
Accredited in Business Valuation (ABV), American Institute of CPAs, 1999
Certified Valuation Analyst (CVA), National Association of Certified Valuation Analysts, 1998
Certified Public Accountant (CPA), State of Arizona, 1985
Bachelor of Science, Accounting, Iowa State University, 1983
Applied in the context of litigation support and commercial insurance claims, Mr. Haugen is a forensic accounting expert focused on delivering clear, concise and credible opinions. He is a Certified Public Accountant, is Certified in Financial Forensics, and is a Certified Fraud Examiner. He has assisted legal counsel, insurance carriers, and business owners resolve financial damages claims involving hundreds of millions of dollars in total.
Mr. Haugen specializes in measuring lost profits, conducting fraud and embezzlement investigations, and performing lost earnings wrongful death calculations. He is practiced in commercial litigation matters including contract disputes, merger and acquisition disputes and shareholder disputes. He has assisted counsel in securities fraud and criminal law matters. Mr. Haugen has measured hundreds of business interruption, extra expense, property loss and fiduciary claims for commercial property and casualty insurance carriers across the entire country.
Mr. Haugen is a recipient of the Standing Ovation award in Forensic and Valuation Services from The American Institute of Certified Public Accountants. He has had the privilege of being selected to present as a speaker for the AICPA, the PLRB, DRI, and for a variety of insurance carriers and law firms to provide custom in-house training. He has served as a member on the Audit and Advisory committee for the Arizona State Board of Accountancy and the FVS Conference planning committee for the AICPA.
Josephine Giordano, CPA, ABV, CFE, CFF, CBA, ASA, CDBV, CIRA
602 544 3558 • firstname.lastname@example.org
Adelphi University, MBA, Corporate Finance, 1993
Hofstra University, BBA, Accounting, 1984
Certified Public Accountant (CPA)
Accredited in Business Valuation (ABV)
Certified Fraud Examiner (CFE)
Certified in Financial Forensics (CFF)
Certified Business Appraiser (CBA)
Accredited Senior Appraiser (ASA)
Certified in Distressed Business Valuation (CDBV)
Certified Insolvency & Restructuring Advisor (CIRA)
American Institute of Certified Public Accountants (AICPA)
Arizona Society of Certified Public Accountants (ASCPA)
Association of Certified Fraud Examiners (ACFE)
American Society of Appraisers (ASA)
Association of Insolvency & Restructuring Advisors (AIRA)
Institute of Business Appraisers (IBA)
Maricopa County Bar Association: Bankruptcy Section; Estate Planning, Probate & Trust Section
Giordano Forensic and Valuation Services, PLLC (Phoenix): Principal/Owner (2013-2015)
Simon Consulting, LLC (Phoenix): Managing Director (2014-2015)
Sierra Consulting Group, LLC (Phoenix): Managing Director (2005-2013)
Spinelli Corporation (Scottsdale): Financial Consultant (2004-2005)
White Giordano & Associates (Phoenix): Partner (1999-2004)
American Express Tax and Business Services (Phoenix): Tax Professional/Business Appraiser (1997-1999)
RANGE OF EXPERIENCE
Conducted detailed financial and industry analysis and due diligence to determine the value of closely held businesses, business
units, professional practices, and emerging growth companies. Valuations included income, market and asset based approaches.
Performed business valuations across a broad spectrum of industries, for a variety of purposes, including employee share
ownership plans (ESOPs), marital dissolution, estate and gift taxes, dissenting and oppressed shareholder litigation, buy-sell
agreements, bankruptcy and reorganization proceedings, mergers and acquisitions, and damages in commercial litigation.
Reviewed and analyzed financial information for purposes of identifying and calculating normalization adjustments.
Performed analysis of industry and financial data to determine applicable value drivers and risk characteristics for a variety of
different businesses and industries.
Developed financial models, analyzed industry trends and risk characteristics, and developed discount rates for the valuation of
FRAUD INVESTIGATION AND FORENSIC ACCOUNTING
Served as court-appointed Special Master in forensic accounting matters.
Reviewed accounting records of various entities for purposes of analyzing and identifying preferential payments, Ponzi schemes,
fraudulent conveyance allegations and asset diversions.
Performed complex fraud investigations and forensic accounting services for financial institutions, privately held companies, and
Traced cash receipts and disbursements and reconstructed accounting records and financial transactions.
Assisted legal counsel in the pre-complaint through trial phases of various commercial litigations. Support services included
business valuations, detailed financial analysis, and forensic accounting analysis and preparation of expert reports.
Prepared detailed expert reports and rebuttal analysis of opposing expert reports.
Reviewed related-party transactions and disclosures.
Reviewed accounting and corporate records for purposes of highlighting factors supporting alter ego allegations.
Prepared graphs and exhibits used by legal counsel at trial.
Reviewed opposing experts’ reports and depositions and prepared questions used to cross-examine opposing experts.
BANKRUPTCY AND RESTRUCTURING PROCEEDINGS
Represented debtors, creditors and trustees in all phases of formal bankruptcy proceedings and out-of-court restructurings.
Prepared budgets and forecasts for cash collateral and plan confirmation purposes.
Provided expert witness testimony in bankruptcy and restructuring proceedings.
Assisted in assessing viability and feasibility, identifying assets, reviewing financial position and enterprise and liquidation
values, identifying potential voidable transfers and fraudulent conveyances, developing business plans and projections,
reconciling and analyzing proof of claims and evaluating plans of reorganization.
Performed valuations of business units and assets for plan confirmation, collateral assessment, fraudulent conveyance
and preferential payment analysis.
Developed detailed financial models to determine solvency at various points in time for preference and fraudulent conveyance
litigation and to determine potential recovery to secured unsecured creditors under a variety of different assumptions.
Assisted with the preparation and filing of bankruptcy schedules, statement of financial affairs and monthly operating reports.
Assisted with the liquidation of assets and sale of business units.
Provided oversight and responsibility during court-appointed receiverships for the day-to-day operations and financial management
of both small and large multi-state operations in numerous industries.
Managed litigation and adherence to regulatory compliance.
Managed process and procedures of government/regulatory audits.
Pollack, Elliott D.
Elliott D. Pollack
Elliott D. Pollack and Company
Elliott D. Pollack is President of Elliott D. Pollack and Company in Scottsdale, Arizona, an economic and real estate consulting firm established in 1987, which provides a broad range of services, specializing in Arizona economics and real estate.
The firm maintains the most comprehensive economic database in Arizona, allowing it to accurately conduct economic forecasting, develop economic impact studies and prepare demographic analyses and forecasts.
Elliott D. Pollack and Company currently serves as the economics department for Maricopa County. As well, the firm serves a broad client base of both public and private sector entities that range from law firms and real estate developers to school districts and utility companies.
Mr. Pollack has syndicated and master planned numerous properties in Arizona through affiliated companies. He is recognized for his expertise in discerning the relationship between real estate trends and land value, usage and timing for improvements and development.
He constantly monitors construction, sales and leasing activity in the Phoenix metropolitan area, to determine absorption rates and anticipated time frames for market recovery. Mr. Pollack conducts marketability and supply demand studies on retail, industrial and residential properties. He also is an expert in the valuation of fractionalized interests in limited partnerships.
Mr. Pollack is widely sought after as a member, consultant and speaker for numerous economic and real estate boards and organizations. He also is respected by local, state and national news media as an expert source for economic and real estate matters.
Background During his career in the Phoenix metropolitan area, Mr. Pollack has undertaken extensive economic studies that examine real estate projects from a myriad of perspectives. Under contract to the Arizona State Land Department as a Land Disposition Consultant, Mr. Pollack provided services in the areas of land valuation, marketability studies, feasibility analysis, infrastructure cost analysis and commercial lease analysis.
He has developed models of real estate value appreciation for the Phoenix area that are devoted to analyzing alternative land use strategies for property and economic feasibility.
Mr. Pollack served as Chief Economist of Valley National Bank in Arizona for 14 years, prior to establishing his consulting firm. His responsibilities included developing and maintaining the institution's asset/liability model and state and national econometric model; providing local, state and national economic forecasting to the Board of Directors, customers, businesses, industry and analysts; and serving as editor for Valley National Bank's monthly economic publication "Arizona Progress" and the annual "Arizona Statistical Review".
Affiliations, Memberships & Credentials Arizona State University, Consulting Economist
"Arizona Blue Chip Economic Forecast", Editor
"Greater Phoenix Blue Chip Economic Forecast", Editor
Economic Estimates Commission, Member
Joint Legislative Budget Advisory Committee, Member
National Association of Business Economists, Member
Arizona Economic Round Table, Member
Institute for Investment Management, Member
Greater Phoenix Chamber of Commerce, Board of Directors
Sun State Savings and Loan, Board of Directors
Resolution Trust Corporation, Advisory Board
City of Phoenix Ad Hoc Committee on Resolution Trust Corporation Affairs, Chair
State Treasurer's Advisory Committee, Member
Phoenix Commission on the Economy, Member
Mr. Pollack has also served on the Board of Directors of numerous civic, community and cultural organizations.
Chartered Financial Analyst
American Society of Real Estate Counselors, Member
Licensed Real Estate Broker
Licensed Mortgage Broker
Masters in Business Administration, University of Southern California, 1968
Bachelor of Science in Accounting, Boston University, 1967
Fahlman, Michael A.
Mr. Fahlman assists clients, including legal counsel, boards of directors and executive management, with complex commercial litigation, economic damages, valuation, dispute resolution, investigations, and distressed businesses.
During the last two decades, Mr. Fahlman has served as a neutral accounting arbitrator, consulting expert and testifying expert, and has presented his findings in various dispute, regulatory and administrative proceedings over 100 times, including Federal and state courts, arbitration, the Securities and Exchange Commission, the Department of Justice and the Federal Bureau of Investigation.
Mr. Fahlman has spent the past decade in various leadership roles for the AICPA’s Forensic & Valuation Services section, including the Chairman of the Forensic & Litigation Services Committee, Chairman of the AICPA’s Damages Task Force and Co-Chair of the annual Forensic & Valuation Conference. In addition to the AICPA, Mr. Fahlman is a past co-chair of the Economic Damages sub-committee of the American Bar Association. Mr. Fahlman is a regular contributor, reviewer and presenter of technical forensic accounting professional education for CPAs across the United States, and teaches at universities, bar associations, and law firms on the topics of forensic accounting and damages. Prior to BRG, Mr. Fahlman was a Partner at Grant Thornton, LLP, and prior to that served as the turnaround Chief Financial Officer and Vice President of a 72-unit multi-state retail company.
CONFERENCE PLANNING COMMITTEE
Committee Chair: Brendan J. Kennedy, CPA, ABV, CFF, CVA, ASA, ATLAS CPAs & Advisors PLLC
Don R. Bays, CPA, ABV, CVA, CFF, Henry+Horne
David S. Foster, CPA, ABV, CFE, Gorman Consulting Group, LLC
Jessica R. Iennarella, CPA, CFF, CFE, J.S. Held LLC
Lance A. Meilech, CPA, IBG Fox & Fin Financial Group, LC
Lela C. Lawless, CPA, ABV, CFF, CVA, Eide Bailly LLP
Melissa E. Loughlin-Sines, CPA, CFE, CVA, CFF, Henry+Horne
Julia A. Miessner, CPA, ABV, CFF, CGMA, BeachFleischman PC
Jeffrey L. Sumpter CPA, JD, CIRA, CFF, Tolonen Tax & Accounting