Accountants Liability 2014:

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Oswald McKenzie
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2 Planning Chairs Keynote Speaker Faculty (continued) John H. Eickemeyer Vedder Price P.C., New York Faculty Kyra C. Armstrong Deputy Director, Division of Enforcement and Investigations, Public Company Accounting Oversight Board, Steven R. Berger Vedder Price P.C., New York Jon Block Director Public Policy and Senior Counsel, Grant Thornton International Ltd., Sarah L. Cave Hughes, Hubbard & Reed LLP, New York Mark L. Cheffers Ives Group, Inc., Sutton, MA Linda Coberly Winston & Strawn LLP, Chicago Ken Cunningham Chief Legal Officer, Grant Thornton LLP, Chicago Christopher Cutler Foley & Lardner LLP, Drew Dropkin King & Spalding, Atlanta Sanford P. Dumain Milberg LLP, New York Veronica E. Rendón Arnold & Porter LLP, New York Ronald Hauben Vice Chair & General Counsel, Ernst & Young LLP, New York Ronald S. Herzog LeClair Ryan, P.C., New York Robert B. Hubbell Morrison & Foerster LLP, Los Angeles Michael Husich Associate Chief Accountant, Office of Chief Accountant, U.S. Securities and Exchange Commission, Caryn L. Jacobs Winston & Strawn LLP, Chicago Stephen Keeley General Counsel, Crowe Horwath LLP, Chicago Allan W. Kleidon Senior Vice President Cornerstone Research, Menlo Park, CA Marion E. Koenigs Deputy Director, Division of Enforcement and Investigations, Public Company Accounting Oversight Board, Robert J. Kueppers Senior Partner, Deloitte & Touche, LLP, New York Barry C. Melancon President and Chief Executive Officer, American Institute of Certified Public Accountants (AICPA), Michael F. Maloney Chief Accountant of the Division of Enforcement, U.S. Securities and Exchange Commission, William Mann General Counsel, Mayer Hoffman McCann P.C., Leawood, KS Luis R. Mejia Perkins Coie LLP,, former Chief Litigation Counsel, Division of Enforcement, Securities and Exchange Commission, Richard L. Miller, Jr. General Counsel, McGladrey LLP, Chicago Christian J. Mixter Morgan, Lewis & Bockius LLP, ; former Chief Litigation Counsel, Division of Enforcement, Securities and Exchange Commission, Claudius Modesti Director of Enforcement, Public Company Accounting Oversight Board, Andrew J. Morris Morvillo LLP, Lucas Olts Robbins Geller Rudman & Dowd LLP, San Diego Elissa J. Preheim Arnold & Porter LLP, Jessica B. Pulliam Baker Botts L.L.P., Dallas Jonathan Roberts Senior Global Legal Counsel Ernst & Young Global, London, England Amelia T. Rudolph Sutherland Asbill & Brennan LLP, Atlanta Miles N. Ruthberg Latham & Watkins LLP, New York David Sorgen Associate General Counsel, Deloitte LLP, New York Mark Schreiber Edwards Wildman Palmer LLP, Boston Scott B. Schreiber Arnold & Porter LLP, Daniel S. Sommers Cohen Milstein Sellers & Toll PLLC, Scott M. Univer General Counsel, Weiser Mazars LLP, New York David Woodcock Regional Director; Chairman, Financial Reporting and Audit Task Force, U.S. Securities and Exchange Commission, Fort Worth Junaid Zubairi Vedder Price P.C., Chicago Elaine Harwood Vice President, Cornerstone Research, Los Angeles Vincent J. Love VJL Consulting, New York Greg Osinoff Managing Director Disputes & Investigations, Navigant Consulting (PI) LLC, New York Program Attorney: Jaimee Taibi (jtaibi@ali-cle.org)

3 Program All times are Eastern Thursday, September 11, :30 a.m. Registration and Continental Breakfast Video Webcast Segment A $329 8:25 a.m. Welcome and Announcements Staff 8:30 a.m. Current Developments and Course Overview Mr. Eickemeyer A review of this year s regulatory, litigation and business trends affecting the accounting profession and an introduction to the in-depth explorations of the program. 9:00 a.m. Keynote Address Barry C. Melancon, President and CEO, AICPA 9:45 a.m. Networking and Refreshment Break 10:00 a.m. The SEC s Whistleblower Program: Implications for Accounting Firms Mss. Jacobs and Rendón and Mr. Morris The SEC s Whistleblower program has momentum, presenting significant implications for accounting firms. We will report on the status of this still-new law and the SEC s program. The relationship between whistleblower law and auditor obligations under Section 10A, and otherwise, will be analyzed. We also will address what firms can do today to protect themselves. 10:45 a.m. Independence Issues Messers. Hauben, Hubbell, and Husich, and Ms. Rudolph Independence is a core audit concept and is always a hot topic for regulators and litigants. This segment explores the issues that arise in this arena, the regulators response, recommended preventive strategies, new AICPA standards, as well as the PCAOB and SEC standards applicable to public companies. The panel will consider implications of recent actions by the SEC and PCAOB against auditors in the broker-dealer and public company contexts. 11:30 a.m. Auditing and Accounting Issues and Substantive Defense Strategies in SEC and PCAOB Proceedings Messrs. Cutler, Maloney, S. Schreiber and Sorgen and Ms. Koenigs Representing an accountant, and understanding the regulator s focus, in a SEC or PCAOB investigation requires different skills and tactics than private litigation, because your adversary can also be the judge and jury. Practitioners, SEC and PCAOB personnel discuss key substantive accounting and auditing issues likely to dominate enforcement proceedings, initiatives and investigations this year. The faculty will also analyze effective defense and negotiation strategies, as well as trial considerations. 12:30 p.m. Networking lunch (provided) Video Webcast Segment B $329 Litigating an Accountants Liability Case: Hear from Plaintiff and Defense Counsel Panels composed of experienced plaintiffs attorneys and defense counsel offer practical advice on litigating an accountants liability case, including motion practice; discovery strategies; electronic discovery issues; trial themes; motions in limine; witness selection and preparation; presenting accounting issues to a jury; the use of technology; and opening and closing statements. 1:45 p.m. Plaintiffs Panel Messrs Dumain, Olts, and Sommers 2:30 p.m. Defense Panel Mss. Cave and Coberly and Mr. Hubbell 3:15 p.m. Networking and Refreshment Break 3:30 p.m. The Future of Securities Class Actions Against Accounting Firms in the Wake of Halliburton and other Supreme Court Decisions Mss. Harwood, Rendón and Pulliam This panel explores trends in securities class actions and the impact on suits against accounting firms. The discussion includes an update on key court decisions, including the Halliburton decision on certification. 4:15 p.m. Damages and Causation Messrs. Dropkin, Kleidon, and Olts An otherwise strong case will end badly without well-founded and clearly articulated causation and damages theories. The most effective defense is often a demonstration of the lack of proximate cause or damages with strong factual or statistical foundation. This session discusses the latest case law on these critical issues and the economic underpinnings of causation and damages theories and defenses. 5:00 p.m. Maximizing the Value of Testifying and Consulting Experts Messrs. Eickemeyer and Love Expert witnesses are a critical to an accountants liability case. This segment centers on making the most of expert engagements and emphasizes how experts can contribute to every litigation phase. Practical tips for working with consulting and testifying experts will be shared. The recent procedural rule changes affecting expert reports and discovery will also be addressed. 5:45 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty, sponsored by FTI Consulting, Inc. Friday, September 12, :30 a.m. Networking Session and Continental Breakfast Video Webcast Segment C $329 8:00 a.m. In-House Counsel Speak Messrs. Cunningham, Hauben, Keeley, Mann and Miller Client demands, budget constraints, and regulatory changes bring new challenges for accounting firms and their in-house counsel. This segment features counsel from national and regional firms, who share their perspectives on the key legal issues they address on a daily basis, and on the difficulties of meeting client expectations while still protecting their firms interests. 8:45 a.m. SEC and the Profession Messrs. Mejia, Mixter, Woodcock and Zubairi and Ms. Rendón With the formation of last year s Financial Reporting Task Force, the SEC s Division of Enforcement signaled renewed interest in accounting matters. Current enforcement initiatives and trends will be discussed.

4 9:45 a.m. Developments on the Horizon Messrs. Cheffers and Kueppers Analysis of audit-based litigation trends can offer guidance on future risks and how to avoid them. This crucial segment examines recent case filings data, restatements, settlements and other developments of interest to both sides of the table. The implications of this data for accounting professionals, regulators, standards-setters and counsel are also considered. 10:30 a.m. Networking and Refreshment Break 10:45 a.m. The PCAOB s Perspective Mr. Modesti, Mss. Armstrong and Preheim The PCAOB director and deputy director of enforcement address the latest developments in the PCAOB s inspection and enforcement efforts with respect to both domestic and foreign audits and auditors. 11:45 a.m. Accounting Risks and Exposures in the International Arena Messrs. Block, Roberts, Ruthberg, and S. Schreiber International accounting firms face many challenges in the United States. This panel addresses the most pressing issues for them and the unique aspects of working with international firms, domestically and internationally. This session also discusses the SEC Administrative Judge s decision-now under appeal-imposing a bar on the China firms of the major accounting networks from auditing US companies. 12:45 p.m. Lunch on your own Video Webcast Segment D $329 2:00 p.m. Data Security in the Accounting Industry: Identifying and Minimizing Risks Messrs. Osinoff, M. Schreiber and Univer Target & Niemen Marcus are recent data theft victims. While many perceive data security as a retailer concern, those in the accounting industry realize the need to ensure the proper precautions are taken to secure client data, as well as their own, to avoid the hefty fines and potential litigation arising out of a data breach. This session explores vulnerabilities, due diligence standards, disclosure obligations, criminal sanctions and more! 2:45 p.m. Non-Public Company Accounting Litigation Messrs. Eickemeyer and Herzog While cases involving public company audits grab the headlines, the majority of cases against accountants involve privately-held companies and governmental or not-for-profit entities. These clients pose different challenges for their accountants than do public companies and different problems for the attorneys who defend them, both of which will be discussed. This panel also addresses simplified reporting for smaller companies and the potential liability it presents. 3:15 p.m. Networking and Refreshment Break 3:30 p.m. Privilege, Internal Investigations, and Employee Discipline: The Ethical Trifecta Mr. Berger Something went wrong. A mistake was made, now requiring internal investigations and employee discipline. Yet, the threat of liability is on the horizon and privilege must be maintained. This session explorers this conundrum, while sharing strategies to help maintain privilege, as you march forward. 4:30 p.m. Adjournment Total 60 minute hours of instruction: 14.5, Accounting and/or Business (live group and group internet-based programs)

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ALI-ABA Course of Study Accountants' Liability: Litigation and Issues in the Financial Crisis July 8-9, 2010 Boston, Massachusetts

ALI-ABA Course of Study Accountants' Liability: Litigation and Issues in the Financial Crisis July 8-9, 2010 Boston, Massachusetts PROGRAM FACULTY PARTICIPANTS TABLE OF CONTENTS Page xi xv STUDY MATERIALS