Epstein + Nach LLC

Business litigation is expensive, and the cost of consulting and testifying experts can constitute a significant part of the overall budget. Attorneys who strive to effectively advocate for their clients while being cost conscious should consider the dynamics of the relationship they have with their experts. The following tactics for improving interaction and communication with an expert can reduce overall costs and enhance the value the expert can contribute to the conduct of your case.

On June 28th, the United States Supreme Court ruled in the matter of Free Enterprise Fund v. PCAOB, finding that Congress went beyond its powers in establishing the Public Company Accounting Oversight Board (PCAOB) as part of the Sarbanes-Oxley Act of 2002 (“SoX”).

Audit Committee members should ensure that the accounting departments of the companies on whose boards they serve are adequately staffed and resourced to cope with FASB’s Accounting Standards Codification, IFRS, and other looming changes to the financial reporting landscape. Doing so should be seen as central to the governance duties of the committee.

Attorneys serving as advisors to business clients, as house counsel, or for assisting in structuring major transactions such as business combinations or filing SEC registration statements, should be familiar with the importance of generally accepted accounting principles (GAAP). While not accounting experts, per se, attorneys need to be assured that GAAP is being applied properly and that their clients are being protected from contractual provisions that could be disadvantageous to them.

Many law firms unknowingly, and unnecessarily, sacrifice limited billable hours by only utilizing an expert witness and litigation support staff during the final trial phase. Law firms can improve efficiency throughout the litigation process by retaining an expert witness early on, and then consulting with that expert witness throughout the trial preparation process.

An accountant can add dimension and provide unique solutions to attorneys engaging in litigation or performing transactional work. Deciphering the credentials and understanding the type of accountant that would serve the needs of a specific project can be challenging. The backgrounds and capabilities of some of those who might assist attorneys are addressed in the following paragraphs.