Inside Financial Fraud Litigation: How to Investigate, Quantify Damages, and Win in Court

This session explores the essential components of forensic accounting in litigation, including Kovel agreement considerations for privilege protection and secure handling of discovery materials. Attendees will learn about fraud types, the fraud triangle of motivation, opportunity, and rationalization, and how forensic accountants develop and test theories of financial misdeeds. The distinction between consulting experts and testifying experts will be examined alongside expert testimony requirements under Federal Rule of Evidence 702.

A brief intermission allowing attendees to refresh and reflect on the forensic accounting concepts covered. This break provides an opportunity to network with colleagues and prepare for the litigation-focused second session.

This session covers the spectrum of financial fraud claims including legal fraud, equitable fraud, and constructive fraud, along with their distinct elements and burdens of proof. Attendees will examine procedural hurdles such as heightened pleading requirements, strategic considerations for jury versus bench trials, and the full range of available remedies from compensatory damages to rescission. The session concludes with expert witness strategies and practical litigation approaches for successfully prosecuting or defending fraud disputes.