FSS Economic Damages Section Meeting | SFS30218

Date :
February 22, 2018 8:30 AM - 2:30 PM
Location :
Los Angeles Airport
Facility :
Embassy Suites LAX South
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Level of Difficulty :
Update
Member Price :
110.00
Nonmember Price :
130.00
CPE Credits :
CPE 2.00, CPE 2.00, MCLE 2.00, MCLE 2.00
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8:30-9am - Registration, breakfast, and networking

9-9:30am - Opening remarks, introductions, and section business

9:30 - 9:45am - Break

9:45-11:25am - Recent Court Decisions Impacting The Valuation of Intellectual Property (2.0 CPE)
Kevin McNamara, director with TM Financial Forensics, examines the impact of two recent court decisions on the valuation of intellectual property. The first case, Mentor Graphics Corporation v. Synopsys, Inc., et al., is a recent decision by the Court of Appeals for the Federal Circuit ("CAFC") regarding patent infringement damages in which the CAFC rejected an argument from the Defendant that a lost profits damages award needs to be apportioned to the value of the patented feature(s) at issue in the case. The second case, Amazon.com, Inc. v. IRS, is a recent decision by United States Tax Court that addressed methodologies for valuing marketing intangibles (including trademarks) when they are transferred from a parent company to an overseas subsidiary.

11:30am - 12:30pm - Lunch

12:30-2:10pm - Lawyers, Solicitors, and Barristers – Oh My! Providing Expert Opinion in International Venues (2.0 CPE)
John Taylor, a Managing Director at Houlihan Lokey with more than 30 years’ experience specializing in business valuation and economic damages, and Yuka Itami, a Senior Vice President in Houlihan Lokey’s Dispute Resolution Consulting practice, will discuss three international cases they have worked on (specifically, cases within the High Court (of London), the Danish Institute of Arbitration, and The Grand Court of the Cayman Islands). They will address a variety of topics related to venue differences on case aspects such as document production, presenting expert evidence, and providing expert testimony. Interesting technical aspects of these various cases, including the precedent-setting Re Integra Group,will also be addressed.  

Objectives:

  • Understand recent case decisions that impact the valuation of intellectual property, including patents and trademarks.
  • Identify areas of difference and potential misunderstanding when U.S. experts work on international cases.
  • Learn the difference between "hot tubbing" and the Joint Expert process.
  • Walk through lessons learned from joint expert processes and how they can potentially be applied in a U.S. process.
 

Major Subjects:

  • Patent infringement damages
  • Lost profits
  • Apportionment
  • The "but for" test
  • Valuation of marketing intangibles, including trademarks; comparable uncontrolled transaction method ("CUT method")
  • Opinion and report development requirements for various international venues
  • Different aspects of expert workproduct, privilege, and testimony
  • Interesting technical issues of cases

Advanced Prep:

Meeting materials are available three days prior to the meeting as a download on the CalCPA website.

Misc. Information:

  • Registration opens at 8:30am
  • Includes breakfast, lunch, and parking.
  • Address: Embassy Suites by LAX South, 1440 East Imperial Ave, El Segundo, CA 90245
  • To request the hotel shuttle, call (310) 640-3600.
  • If you have dietary restrictions and would like to request a special meal, please email Emily Ku (emily.ku@calcpa.org) by February 17.
Level of Difficulty:
Update
Field of Interest:
Specialized Knowledge
Prerequisites:
Some knowledge of forensic accounting is preferred.
Designed For:
CPAs and other forensic accounting professionals

Instructors

Yuka Itami
Ms. Itami is a Senior Vice President in Houlihan Lokey’s Financial Advisory Services business. She has over 15 years of experience in financial services, consulting with clients and counsel in areas including fair market value analysis, market and competitive analysis, lost sales, economic damages/lost profits, incremental profits, product line profitability, reasonable royalty, and royalty audits. Ms. Itami is based in the firm’s Los Angeles office. Ms. Itami has served clients from various industries, including consumer electronics, telecommunications, software, entertainment, branded apparel, automotive, pharmaceutical and medical devices, real estate, and transportation. Prior to joining Houlihan Lokey, Ms. Itami was a Director at FTI Consulting Inc., where she assisted clients and counsel in intellectual property litigation, valuations, and forensic investigation matters. Prior to FTI, Ms. Itami was located in Tokyo with Deloitte Touche Tohmatsu, where she practiced business and technology valuation and conducted royalty audits. Ms. Itami is a Japanese national and bilingual in Japanese and English. She holds an MBA from the Walter A. Haas School of Business at the University of California at Berkeley. She also holds the designation of Chartered Financial Analyst.
Kevin McNamara
Kevin McNamara is a Director in the San Francisco office of TM Financial Forensics, LLC. He has over 10 years of experience providing litigation, economic and business consulting to companies in a broad range of industries, including multiple Fortune 500 companies. Mr. McNamara focuses on commercial damages and intellectual property matters, including patents, copyrights, and trade secrets. Mr. McNamara has analyzed claims for lost profits, reasonable royalties and unjust enrichment in a variety of circumstances and industries. He has additionally assisted clients with valuation of intellectual property. Mr. McNamara’s experience has covered many industries, including consumer electronics, telecommunications, semiconductors, medical devices, consumer goods and sports. He has consulted on litigation matters venued in federal court, state court and arbitration. Mr. McNamara has provided expert testimony at arbitration on matters involving claims for business interruption and breach of contract damages. He has also presented on intellectual property valuation at the University of California Hastings College of the Law.
John A Taylor
Mr. Taylor is a Managing Director in Houlihan Lokey’s Financial Advisory Services business. His primary responsibilities include providing valuation and financial consulting services in connection with strategic decision support, financial reporting, and dispute resolution. Mr. Taylor is a member of the firm’s Technical Standards Committee and is the global practice leader for the firm’s Dispute Resolution Consulting & Financial Expert Opinions practice. He is based in the firm’s Los Angeles office. Mr. Taylor has extensive experience providing litigation support as both a valuation expert and consultant in matters related to minority-interest buyouts, bankruptcy proceedings, management efficacy, damages analysis, and royalty disputes. He has helped U.S. and multinational clients with valuation analyses for tax and financial reporting purposes, including purchase price allocations, goodwill impairment, stock option valuation, intellectual property valuation, and valuations for estate and gift tax reporting. Specializing in multinationals, Mr. Taylor has also performed financial and strategic analyses related to business planning, acquisitions, divestitures, post-acquisition and post-merger integration, and the formation of joint ventures. Before joining Houlihan Lokey, Mr. Taylor served as a managing director in Kroll Inc.’s Los Angeles valuation services practice. Earlier, he served as the president of JT Panglobal Consulting Inc., a boutique financial advisory and strategy consulting firm. He also served as a Director of Strategic Financial Consulting and Finance Transformation Services for Deloitte & Touche in the southwestern U.S. and as that firm’s National Director of Valuation and Realty Consulting practices for Japanese clients in the U.S. Mr. Taylor received his B.A. from the University of Missouri, St. Louis. He is an Accredited Senior Appraiser, Appraisal Review & Management, with the American Society of Appraisers; a Certified Management Consultant, Strategy and Operations Consulting, with the Institute of Management Consultants; a Practising Member of The Academy of Experts; and a member of the Royal Institution of Chartered Surveyors (Chartered Business & Intangible Assets Valuation Surveyor). He previously served as chair of the Appraisal Review & Management Committee of the American Society of Appraisers.
No Agenda or Materials posted.