Litigation & Dispute Resolution

June 17, 2019

How to Present Complex Finance to Judges

Originally presented at the 2019 AAML/BVR National Divorce Conference in Las Vegas, in this session, Z. Christopher Mercer, FASA, CFA, ABAR delves into more than 30 years of experience presenting complex valuation and damages issues to judges and juries.  One of the key ideas of effective communication is the KISS principle, or “keep it simple, stupid.” The question is, how can we do that?  Chris provides the techniques and templates necessary to communicate your position, and your opponent’s position, in such a way that judges can hone in on and understand the most important information and why it’s important.

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A Financial Perspective and Overview of Marital vs. Separate Property in Divorce-Part 3
A Financial Perspective and Overview of Marital vs. Separate Property in Divorce

Part 3: Illustrative Examples

Part 3 applies these concepts through two examples which are hypothetical and simplified to illustrate the financial analysis that an expert may perform. The examples do not determine whether an asset or change in value is marital or separate. The applicable law, relevant dates, and facts of each matter govern counsel in that determination.
Family Law Valuation and Forensic Insights Newsletter
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A Financial Perspective and Overview of Marital vs. Separate Property in Divorce-Part 2
A Financial Perspective and Overview of Marital vs. Separate Property in Divorce

Part 2: Valuation, Financial, and Forensic Considerations

In Part 1, we discussed the general distinction between marital and separate property. Part 2 takes a closer look at the valuation, financial, and forensic issues that can complicate the analysis of marital vs. separate property: tracing assets over time, evaluating commingling or potential transmutation, identifying liabilities, and analyzing changes in value. The relevance and treatment of these issues vary depending on jurisdiction and the applicable legal framework.
Family Law Valuation and Forensic Insights Newsletter
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WEBINAR: Buy-Sell Agreements: Designing Valuation Processes
WEBINAR REPLAY: Buy-Sell Agreements: Designing Valuation Processes
The program examines the purpose of buy-sell agreements, key valuation provisions, formula-based and appraisal-based pricing methods, and alternative appraiser structures. It also addresses practical considerations for implementing and updating the valuation process, including timing, costs, funding terms, and appraiser continuity.
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