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Event Details

Matrimonial Trial Institute IV: A Mock Financial Trial (ALB)

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Date:
Friday, December 06, 2013
Time:
9:00 AM - 4:10 PM Eastern Standard Time

Description

Matrimonial Trial Institute IV: A Mock Financial Trial

Part Four of our "Trial Academy for Matrimonial Lawyers" series - The most ambitious CLE series ever undertaken by the Association's Family Law Section!

Co-sponsors:

Family Law Section
Committee on Continuing Legal Education

6.5 MCLE Credits: 6.5 Skills for all attorneys

This fast-paced program will be almost all demonstration by experienced matrimonial lawyers performing direct and cross examinations of a husband, wife, and experts in a simulated case involving real estate and a closely-held business. New York judges on the faculty will rule on evidentiary issues, when necessary, in the course of this simulated trial.

You will view and hear valuable tips on getting material into evidence (or keeping it out!), while educating the judge on its importance and applicability in the case. Time has been allotted within each topic for audience questions and commentary by the faculty.

A sample fact pattern that forms the basis of the program, along with sample experts' reports, will be distributed to registrants so they may follow the proceedings. All the necessary materials and documents for this trial simulation will be handed out at the seminar, in addition to being available online.

This "mock trial" program is another innovative CLE offering from the Family Law Section and is full of practical guidance. This course will provide you with a fresh look at proven trial techniques and styles of the successful matrimonial lawyers on the faculty.

Program Agenda

8:30-9:00 a.m.
REGISTRATION (outside meeting room)

9:00-10:20
Part I: Wife's Direct Demonstration

A. Proving Lifestyle
1. Introduction into evidence of the Wife's Statement of Net Worth
2. Introduction into evidence of the Wife's credit cards and other supporting documents
3. Introduction into evidence of photos of the house, the boat, vacations, etc.

B. Proving P/L Arrears
1. Introduction of attorney prepared document (summary)

C. Proving Contributions
1. Introduction into evidence of various material evidencing contributions (e.g. PTA handbook; school function invitation with Wife's name, etc.)

Part II: Wife's Cross Demonstration

A. Cross on Contributions
1. Inconsistent statements

B. Cross On Wife's Budget (2-4 budgetary items)
1. Introduction into evidence of the Wife's credit cards

C. Jointly Signed Tax Return
1. Introduce the return(s) into evidence

10:20-10:35
Coffee Break

10:35-11:55
Part III: Husband's Direct Demonstration

A. Testimony Regarding Present Financial Circumstances
1. Introduction into evidence of 5 years of tax returns
2. Summary - voluminous records

B. Separate Property Testimony/Trace
1. Introduction into evidence of supporting documents

C. Testimony Regarding "Anti" Contribution

Part IV: Husband's Cross Demonstration

A. Lifestyle Challenge
1. Introduction into evidence of Husband's personal credit card statements
2. Testimony regarding perks from the business

B. Marital Waste
1. Introduction of Victoria's Secrets receipts; vacations receipts; jewelry receipts

C. E-Evidence
1. Introduce and question Husband about the information on his company website
2. Question Husband about an email he sent to a friend regarding hidden assets

11:55-1:10 p.m.
LUNCH (on your own)

1:10-1:40
Part V: Real Estate Expert Direct Demonstration

A. Expert Qualification Established

B. Establish Valuation Assignment
1. Define standard of value
2. Establish valuation date
3. Steps to carry out assignment
4. Retention and payments

C. Conclusion; Report into Evidence; Basis of Conclusion

Part VI: Real Estate Expert Cross Demonstration

A. Comparables

B. Any Other Flaws within the Report

1:40-3:00
Part VII: Wife's Business Appraiser Direct Demonstration (Closely Held Business)

A. Introduction of Report into Evidence (assume qualifications)

B. RR 59-60
1. Testimony regarding factors

C. Discount

D. Normalization of Earnings

E. Conclusion

Part VIII: Wife's Business Appraiser Cross Demonstration (Closely Held Business)

A. Challenges to the Report
1. Discount rate
2. Interview of key personnel?
3. Site visit
4. Separate property credit
5. Restrictive agreement in place

3:00-3:15
Coffee/Soft Drink Break

3:15-4:10
Part IX: Husband's CPA - Direct Demonstration - Cash Flow Analysis

A. Assignment

B. Introduction of Cash Flow Analysis
1. Admissibility debate (Expert report or not?)

C. Testimony Premised on Wife's SPD
1. Tax rate
2. Tax impact of maintenance
3. Impact of ED paid over time
4. Effect of child support

D. Conclusion

Part X: Husband's CPA - Cross Demonstration - Cash Flow Analysis

A. Critique Tax Rate

B. Undeclared Cash Income

C. Impact of Options Vesting over Time

D. Tax Filing Status

4:10 p.m.
ADJOURNMENT

Albany Chair and Moderator

Bruce J. Wagner, Esq.
McNamee, Lochner, Titus & Williams, P.C.
Albany
 

Program Speakers(in alphabetical order)

Hon. Gerald W. Connolly
New York State Supreme Court Acting Justice
Third Judicial District
Albany

Shawn D. Flaherty, Esq.
Law Offices of Shawn D. Flaherty
Albany

Michael P. Friedman, Esq.
Friedman & Molinsek, P.C.
Delmar

Barbara J. King, Esq.
Tully Rinckey PLLC
Albany

Hon. Michael C. Lynch
New York Supreme Court Justice
Albany County
Albany

Stephen C. Prudente, Esq.
Young Sommer Ward Ritzenberg Baker & Moore LLC
Albany

Michael J. Raymond, CPA, ABV, CFF
Partner
BST Valuation & Litigation Advisors LLC
Albany

Jennifer Powers Rutkey, Esq.
Gordon, Tepper & DeCoursey, LLP
Glenville

Stephen S. Soulis, SRA
Soulis & Associates, LLC
Delmar

Margaret C. Tabak, Esq.
Tabak & Kiosse, LLP
Albany

Eric A. Tepper, Esq.
Gordon, Tepper & DeCoursey, LLP
Glenville

Jenifer M. Wharton, Esq.
Gordon, Tepper & DeCoursey, LLP
Glenville

 

Program Planning Committee (in alphabetical order)

Joan Casilio Adams, Esq.
J. Adams & Associates, PLLC
Williamsville

Rosalia Baiamonte, Esq.
Gassman Baiamonte Betts, PC
Garden City

Henry S. Berman, Esq.
Berman Frucco Gouz Mitchel & Schub p.c.
White Plains

Martin T. Johnson, Esq.
Johnson & Cohen, LLP
Pearl River

Peter R. Stambleck, Esq.
Aronson Mayefsky & Sloan, LLP
New York City

Bruce J. Wagner, Esq.
McNamee, Lochner, Titus & Williams, P.C.
Albany

Directions

From the South/West Take Thruway to Exit 24 - Northway (I-87) Take the Northway (I-87 North) to Exit 6 Make left on to Rt. 7 (Troy-Schenectady Road) Follow approximately 2-3 miles, until you see McDonalds on your left Turn left onto Albany-Shaker Road Turn right onto British American Blvd Follow for ¼ mile to Cornell Road on your left Make a left onto Cornell NYS Nurses Association is 3rd driveway on right, before the cul-de-sac From the North Take the Northway (I-87) to Exit 6 Turn right onto Rt. 7 (Troy-Schenectady Road) Follow approximately 2-3 miles, until you see McDonalds on your left Turn left onto Albany-Shaker Road Turn right onto British American Blvd Follow for ¼ mile to Cornell Road on your left Make a left onto Cornell NYS Nurses Association is 3rd driveway on right, before the cul-de-sac From the East 1-90 to the end - follow signs to I-87 North Take Exit 6 Turn left onto Rt. 7 (Troy-Schenectady Road) Follow approximately 2-3 miles, until you see McDonalds on your left Turn left onto Albany-Shaker Road Turn right onto British American Blvd Follow for ¼ mile to Cornell Road on your left Make a left onto Cornell NYS Nurses Association is 3rd driveway on right, before the cul-de-sac PARKING IS NOT PERMITTED ON CORNELL ROAD, GRASSY AREAS OR IN EMERGENCY ZONES IN FRONT OF THE BUILDING.

Registration: 8:30 a.m. Program: 9:00 a.m. - 4:10 p.m.
THIS PROGRAM IS APPROVED FOR NEW YORK MCLE FOR ALL ATTORNEYS. IMPORTANT NOTICE--PARTIAL CREDIT FOR PROGRAM SEGMENTS NOT ALLOWED: Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot get MCLE credit for a program segment (typically, a lecture or panel, of which there are usually several in a program) unless they are present for the entire segment. Those who arrive late, depart early, or are absent for any portion of the segment WILL NOT receive credit for that program segment.
Address:
New York State Nurses Association
11 Cornell Road
Latham, NY 12110
Online Registration has closed, to register please contact the State Bar Service Center at 1-800-582-2452


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