Litigation & Dispute Resolution

August 5, 2019

2019 AAML/BVR National Divorce Conference Recap

On May 8-10, 2019, Chris Mercer, Scott Womack, and I attended the 2019 AAML/BVR National Divorce Conference in Las Vegas. This was the first biannual National Divorce Conference on cutting edge tax, valuation, and financial issues co-sponsored by the American Academy of Matrimonial Lawyers and Business Valuation Resources, LLC.

In attendance were family law attorneys, general practice attorneys, CPAs, business valuators, and other financial professionals. Total attendance was approximately 300 individuals, split about 50/50 between attorneys and financial professionals. Sessions covered topics including updates on standards of value, cryptocurrencies and their impact on divorce, tax law changes and their impact on family law, and how to best present your case to the courtroom, among others.

We have chosen four sessions that we thought would be of interest to this newsletter’s audience.

Blockchain/Crypto: Dividing Digital Assets

Edward L. Kainen, Senior Managing Partner of Kainen Law Group, PLLC & Richard West, Principal & Shareholder of West Family Law Group In “Blockchain/Crypto: Dividing Digital Assets,” Ed Kainen and Richard West provided a brief history of money– from the development of various forms of currencies and eventually to Bitcoin and other cryptocurrencies. In addition to providing a comprehensive glossary of essential terminology, the speakers also covered how Bitcoin and cryptocurrencies are transacted and explained the mechanics of Bitcoin technology upon which cryptocurrencies rely. A history of Bitcoin, as well as the benefits, determinants and consequences associated with the use of these cryptocurrencies was addressed. The session also covered how all of the foregoing impacts divorce and family law litigation, both issues of valuation and essentials of discovery, as well as the potential for malpractice pitfalls and how to avoid them.

How to Present Complex Finance to Judges: K.I.S.S.

Z. Christopher Mercer, FASA, CFA, ABAR, Founder and CEO of Mercer Capital In “How to Present Complex Finance to Judges: K.I.S.S.,” Chris Mercer addressed the question of how to K.I.S.S. (keep it simple, stupid) in a litigation setting, as the K.I.S.S. principle is one of the key ideas of effective communication. Mr. Mercer drew on over 30 years of experience in presenting complex valuation and damages issues to judges and juries while sharing the techniques and templates necessary to communicate one’s position and the opponent’s position in such a way that judges can understand key information and why it is important.

How to Rig a Valuation in a Marital Dispute

James R. Hitchner, CPA, ABV, CFF, ASA, Managing Director of Financial Valuation Advisors In this session, Jim Hitcher posed the question: Have you ever read a business valuation report where you knew the valuation was rigged to obtain a higher or lower value? During his session, he provided tricks of the trade to identify how some valuation analysts can manipulate the process in order to please their client and/or win at all costs. Mr. Hitchner also provided tips on how to attack biases including three areas with the most frequent biases such as multiples, growth factors, and the specific company risk premium/risk factor.

Splitting Compensation Equity Awards & Options – Splitting Up is Hard to Do

Peter L. Gladstone, Principal & Shareholder of Gladstone and Weissman & Robert A. Stone, CPA, CFF, ABV, Principal at Kaufman Rossin  In this session, Peter Gladstone and Robert Stone provided background on equity awards and options as the increase of startups precipitated by the tech boom of the 1990s has led to increasing popularity of stock options, restricted stock units (“RSUs”), and similar types of equity-based compensation. These forms of executive compensation have become common in both privately held and publically traded companies. Designed to both reward and retain talented employees, these benefits can be difficult to understand and value, particularly at a random moment that, while relevant to one’s divorce, might seem arbitrary in the context of a business. Just as the value of closely held businesses presents challenging issues over which business valuation experts often disagree, equity-based compensation plans and their values (or future income stream) represent ground for a divergence of opinions among forensic accountants supporting counsel on behalf of their divorce clients. During the session, the speakers examined the various characteristics of stock options, RSUs, both vested and unvested; their tax implications; and the challenges typically encountered in valuing and equitably distributing these valuable and highly guarded assets of a marital estate. All the sessions were well-received, and we recommend these presentations and their authors’ publications to anyone interested. We’re looking forward to next year’s event and hope to see you there.
Originally published in Mercer Capital’s Tennessee Family Law Newsletter, Second Quarter 2019.

Continue Reading

A Financial Perspective and Overview of Marital vs. Separate Property in Divorce-Part 1
A Financial Perspective and Overview of Marital vs. Separate Property in Divorce

Part 1: Property Classification

When attorneys think about financial experts, they often think about reports, depositions, and trial testimony. Yet many of the valuable contributions a financial expert can make occur much earlier in the case. In matters involving valuation, income determination, or forensic accounting, earlier expert involvement may help counsel identify key financial issues, assist in discovery, evaluate settlement positions, among others.
Mercer Capital’s Kathryn Burke to Participate in the ABA’s 38th Annual Family Law Trial Advocacy Institute
Mercer Capital’s Kathryn Burke to Participate in the ABA’s 38th Annual Family Law Trial Advocacy Institute
Mercer Capital is pleased to announce that Kathryn Burke, CPA, ABV, will participate in the American Bar Association’s 38th Annual Family Law Trial Advocacy Institute, taking place July 17-25, 2026, at UMKC School of Law in Kansas City, Missouri. Burke will serve as a volunteer expert at the Institute and a leader of the “Using the Financial Expert to Prepare for Trial, Parts I and II” sessions.The ABA’s Family Law Trial Advocacy Institute is a hands-on trial training program focused on core courtroom skills, including opening statements, direct and cross-examination, exhibits, closing arguments, and trial preparation. The program also uses a fictional family law fact pattern and culminates in a mock trial experience.Ms. Burke has forensics and litigation support experience for marital dissolution, economic damages, shareholder disputes, and general litigation. As a member of Mercer Capital’s Litigation Support Practice Group, she is a contributor to the Family Law Valuation and Forensic Insights newsletter.In addition, she also has valuation experience in engagements related to corporate planning and reorganizations, financial reporting, fairness opinions, litigation support, employee stock ownership plans, mergers and acquisitions, and estate and gift tax planning and compliance matters.Prior to joining Mercer Capital, Ms. Burke was a Senior Consultant at FORVIS, LLP in their Forensics and Valuation Services practice. Mercer Capital regularly supports attorneys and clients with financial analysis in family law matters, including business valuation, income analysis, and forensic accounting. The firm is proud to support programs that help family law professionals strengthen the financial tools they bring to trial.Additional information about the event is available on the ABA website: https://events.americanbar.org/event/dc3698db-c62d-4104-b764-1f9013b8d31c/summary
ILPA’s New Continuation Vehicle Guidance: Process Is the New Price Protection
ILPA’s New Continuation Vehicle Guidance: Process Is the New Price Protection
ILPA’s June 2026 draft Continuation Vehicle Guidance shifts the focus in GP-led secondary transactions from simply validating price to ensuring a transparent, well-governed sale process.

Cart

Your cart is empty