Chapter 41

Forensic Accounting in Litigation Consulting Services, Investigations, and Compliance Matters

The information contained in this chapter does not necessarily represent the views of Deloitte Financial Advisory Services LLP.

Yogesh Bahl, CPA, MBA

Deloitte Financial Advisory Services LLP

Frank Hydoski, PhD

Deloitte Financial Advisory Services LLP

41.1 Introduction

(a) Comparing Litigation Consulting Services to Attest Services

41.2 Accountant's Role in Dispute Resolution Proceedings

(a) U.S. Legal System: General Information

(i) Adversarial Process

(ii) Stages in a Civil Suit

(iii) Alternative Dispute Resolution

(iv) Required Proofs

(b) Accountant's Role in the Litigation Process

(i) Testifying Expert

(ii) Nontestifying Consultant

(iii) Case Analysis and Planning

(iv) Discovery

(v) Settlement Analysis

(vi) Pretrial

(vii) Trial

(viii) Credentials and Certifications

(c) Federal Rules of Evidence

(i) Federal Rule of Evidence 702

(ii) Effect of Daubert v. Merrell Dow Pharmaceuticals

(iii) Federal Rule of Civil Procedure 26

(d) Types of Services

(i) Damage Calculations

(ii) Arbitration

(iii) Bankruptcy

(e) Calculating Damages

(i) General Concepts

(ii) Measuring Damages

(iii) Mitigation

(iv) Present Value and Inflation

(v) Income Taxes

(f) Support for Opinions

(i) Sources of Information

(ii) Reliance on Others

(iii) Documentation

(g) Testimony

(i) Giving Deposition Testimony

(ii) Giving Trial Testimony

41.3 Accountant's Role in Investigations and Compliance Matters

(a) Corporate ...

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