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FTI Forensic & Litigation Consulting Breakfast Series - Ability to Pay
Date
Tuesday, March 28th, 2017
 Time
8:45 AM - 10:15 AM ET
Location
Penn Club -  30 West 44th Street, New York, NY 10036
Forensic & Litigation Consulting
Speakers
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Marc Shapiro
Managing Director

Mr. Shapiro has over 20 years of experience in all aspects of analysis and valuation of commercial real estate. He specializes in the valuation of individual properties and portfolios for financial reporting, lending, estate planning, gifting, partnership issues, eminent domain, purchase price allocations, ad valorem taxation, litigation support, public offerings, and portfolio analysis and in providing litigation support related to valuation issues.
Marc Shapiro
Managing Director

Mr. Shapiro has over 20 years of experience in all aspects of analysis and valuation of commercial real estate. He specializes in the valuation of individual properties and portfolios for financial reporting, lending, estate planning, gifting, partnership issues, eminent domain, purchase price allocations, ad valorem taxation, litigation support, public offerings, and portfolio analysis and in providing litigation support related to valuation issues.
In recent years criminal fines and penalties have risen drastically as a result of price-fixing and bid-rigging conspiracies uncovered among automotive parts manufacturers.  While companies face these mounting fines, they need not accept the fine initially imposed. The United States Sentencing Guidelines do allow for a reduction of a criminal fine based on a company’s inability to pay.

This presentation will inform practitioners on the considerations of this ability-to-pay defense, strategies and process. It will provide insight into the financial analyst’s role in evaluating the company’s financial status and the basis of the framework for the ability-to-pay argument. It also will address the importance of the financial expert’s role in discussions with the DOJ and its financial expert.
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Transforming Purchased Services through Analytics
MARKET UPDATE WEBINAR
What is Happening to Real Estate Values?

A presentation and review of factors contributing to real estate values and the identification of current trends and expectations for future appreciation.
Date
Wednesday, September 29 2013		 Time
12:30 PM ET 		Length
60 mins
Location
123 FTI Laneway Boulevard, Ontario Canada N3A 2V2
8:30 AM Registration
9:00 AM Brunch / Range opens
11:00 AM Golf Tournament / Shot-gun start
1:00 PMGolf Clinic
4:00 PMCocktail and dinner reception
RSVP

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Basil Imburgia
Senior Managing Director - FTI Consulting

Mr. Imburgia is the North American Leader of FTI Consulting’s Forensic & Litigation Consulting segment. He has more than twenty five years of experience in providing forensic accounting and financial and economic analysis to attorneys in litigation and thirty years of accounting experience. His experience includes deposition, arbitration, mediation and trial testimony. He has also acted a neutral arbiter in accounting/post acquisition disputes.

Mr. Imburgia has advised on matters involving accounting and auditing issues, patent, false advertising, trademark, trade secret and copyright disputes, breach of contract, derivative products and banking litigation, counterfeiting disputes, valuation of entities, investigating and identifying underpaid royalties and fraudulent payments, fair presentation of financial statements, securities and financial reporting investigations, insurance claims and alter-ego matters. He has calculated damages such as lost profits, reasonable royalties, excess costs, price erosion and loss of business value and loss of brand equity. He has additional experience with mergers and acquisitions due diligence, IPO’s, Generally Accepted Accounting Principles analysis, and valuations.
Jeff Litvak
Senior Managing Director - FTI Consulting

Mr. Litvak is a Certified Public Accountant (CPA), Accredited in Business Valuation (ABV), an Accredited Senior Appraiser (ASA) in business valuation, and is Certified in Financial Forensics (CFF). Mr. Litvak specializes in forensic accounting investigations and valuation matters, assessment of economic damages, analysis of lost profits and unity of interest/separateness matters. Mr. Litvak is FTI Consulting’s National Product Leader in merger and acquisition disputes, and was recently designated as co-chair of the AICPA Task Force on merger & acquisition disputes, where he received the 2009 AICPA Award for Volunteer of the Year for his achievements. In 2010, Mr. Litvak was appointed to the AICPA’s Executive Committee for the Forensic and Valuation Section, and he will co-chair the Bankruptcy and Insolvency Task Force. This task force will focus on restructuring challenges and bankruptcy and solvency disputes.

Mr. Litvak has experience in a cross section of industries such as insurance, real estate, manufacturing, wholesaling, construction, high tech, automotive, financial services, healthcare, and pharmaceutical. His extensive experience in accounting and auditing, market penetration analysis, and corporate finance provide a strong background for analyzing damages in many types of business litigation. He has worked on significant matters for the United States Department of Justice and Internal Revenue Service on valuation and other corporate finance matters. Lastly, Mr. Litvak and others from FTI Consulting were asked to teach valuation and damages applications of mergers and acquisitions to members of the Chinese Appraisal Society, who made a special trip to the United States to gain perspective on performing valuation work in the United States.analysis, and valuations.

In recent years criminal fines and penalties have risen drastically as a result of price-fixing and bid-rigging conspiracies uncovered among automotive parts manufacturers.  While companies face these mounting fines, they need not accept the fine initially imposed. The United States Sentencing Guidelines do allow for a reduction of a criminal fine based on a company’s inability to pay.

This presentation will inform practitioners on the considerations of this ability-to-pay defense, strategies and process. It will provide insight into the financial analyst’s role in evaluating the company’s financial status and the basis of the framework for the ability-to-pay argument. It also will address the importance of the financial expert’s role in discussions with the DOJ and its financial expert.
Seth Farber
Partner - Winston & Strawn LLP

Seth Farber serves as the head of litigation in Winston & Strawn LLP’s New York office and is co-chair of the firm’s White Collar, Regulatory Defense, and Investigations Practice. Mr. Farber has tried numerous federal cases to juries and is an experienced appellate advocate who has argued both civil and criminal appeals in federal circuit courts around the country. His practice includes white collar criminal defense and corporate internal investigations, Securities and Exchange Commission (SEC) investigations, securities litigation, civil RICO litigation, corporate governance litigation, and litigation associated with mergers and acquisitions. He has also provided pro bono representation to indigent criminal defendants, both as a member of the Criminal Justice Act Panel in the Southern District of New York, and as appointed counsel in other jurisdictions.