Other than in a handful of areas, litigation typically requires proof of causation for a plaintiff to recover. Whether it is a breach of contract case that requires the plaintiff to prove the defendant's breach caused an injury or a fraud claim where a defendant can show that the plaintiff did not actually rely on the defendant's false statements, proof of causation can make or break a civil case.
Key topics to be discussed:
Transaction causation vs loss causation
Who is responsible for establishing causation
Several case that failed because nobody addressed loss causation
Date: May 17, 2023
Michael J. Molder | AILA Limited
Michael J. Molder, JD, CPA, CVA/MAFF, CFE is the owner of AILA Limited, providing financial forensic and business valuation services primarily in litigation engagements. Mr. Molder applies over 35 years as a financial professional and commercial litigator to analyze financial misconduct claims, value business interests and investigate fraud.
As lead counsel in Neuberger and Scott v. Shapiro, et al, E.D.Pa. 97-CV-7947, Mr. Molder won the respect of the court and opposing counsel for his deep understanding of the accounting and reporting issues at play in that federal securities fraud case. Over the course of his legal career, Mr. Molder helped co-counsel understand complex financial and accounting issues in dozens of cases.
Since 2006, Mr. Molder has applied his analytical and investigative skills in valuation and financial forensics engagements. Since then, he has worked on a wide variety of matters ranging from shareholder disputes and partnership breakups to matrimonial and personal injury cases to damages calculations in commercial litigation and fraud investigations. Mr. Molder has testified on business valuation, commercial damages and fraud.
Mr. Molder earned his bachelor’s degree in accounting from the Pennsylvania State University and his Juris Doctor from the Temple University School of Law. He holds Certified Valuation Analyst® and Master Analyst in Financial Forensics® credentials from the National Association of Certified Valuators & Analysts® and the Certified Fraud Examiner® credential from the Association of Certified Fraud Examiners®.
P. Dermot O’Neill is a CPA, ABV, CVA, MAFF, ABAR with over 40 years of public accounting experience. Dermot’s practice concentrates on the areas of forensic accounting, litigation support, business valuation, transaction consulting, income taxation, and financial analysis. He has provided consulting and expert witness assistance in cases involving oppressed shareholders, personal injury, wrongful death, accounting malpractice, franchisor/franchisee issues, and contract and tort issues. He has testified as an expert in Pennsylvania, New Jersey, Delaware, Florida, New York, Connecticut, Virginia, Arizona, Colorado, Illinois, the Chancery Court of Delaware as well as the Federal Bankruptcy Court and Federal District Court.
Dermot is an adjunct instructor at Rider University College of Business Administration, Graduate Studies. He has been an adjunct lecturer at Villanova University as well as a guest lecturer at Widener University, Drexel University, and Lehigh University Graduate Schools of Business. He has presented numerous continuing professional education seminars sponsored by various state accounting institutes and societies, NACVA, AICPA, bar associations, and universities. He received his B.S. in Economics from Villanova University and is the 2015 Recipient of the Thomas R. Porter Lifetime Achievement Award.
He has been an Editorial Advisory Board member and Managing Editor of the National Litigation Consultants’ Review. He continues to review books and articles for authors on a pro bono basis.
Gregory J. Urbanchuk | Countermark Group
Greg is the founder and managing director of Countermark Group. He has over twenty years of experience providing forensic, dispute, and valuation consulting services in the United States, the United Kingdom, and Europe. Previously, Greg worked for boutique, regional, and national consulting firms, including Deloitte LLP in London.
Greg serves as an expert witness in complex commercial litigation in the areas of intellectual property, commercial damages, and valuation. He has evaluated damages and testified in cases claiming patent, trademark, and copyright infringement, the misappropriation of trade secrets, and breach of contract. Greg has significant experience analyzing economic damages and restitution using the lost profits, reasonable royalty, disgorgement, and diminution of value methodologies. He has also testified on the value of intellectual property and businesses in shareholder, acquisition, and bankruptcy disputes. Greg has qualified and testified as an expert witness in federal and state courts in the United States.
Outside of litigation, Greg values public and privately held businesses and intellectual property in connection with mergers and acquisitions, financial reporting, taxation, and estate planning. He has significant expertise with the valuation of intellectual property, including patents, trademarks, copyrights, trade secrets, brands, license agreements, software, and customer and vendor relationships, among others. Greg has provided valuation services in numerous industries such as life sciences, healthcare, technology, consumer, manufacturing, and financial services.
His writing has appeared in numerous publications such as the Oxford Journal of Intellectual Property Law and Practice, les Nouvelles, the International Company and Commercial Law Review, the Computer & Internet Lawyer, and Intellectual Property Litigation, among others.
I. Transaction causation vs loss causation | 12:00pm – 12:30pm
II. Who is responsible for establishing causation | 12:30pm – 1:00pm
Break | 1:00pm – 1:10pm
III. Several case that failed because nobody addressed loss causation | 1:10pm – 1:40pm