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Day 1 | Isn't There an Expert for That? (2022 Family Law Intensive Program)

THURSDAY, JANUARY 27, 2022

8:55        Welcome and Introductions

9:00        Qualifying Experts

G. Russell "Russ" Kornegay III, James McElroy & Diehl PA, Charlotte
Preston O. Odom III, James McElroy & Diehl PA, Charlotte

Gain an understanding of the Daubert standard and receive a demonstration, followed by an analysis, of how to qualify an expert in court and how to resist qualification of an expert.

11:00      Break

11:10      Financial Experts

Kimberly W. Bryan, Parker Bryan Family Law, Raleigh
Sherry W. Campbell, Hutchinson Family Offices, Greensboro
Stephanie T. Jenkins, Parker Bryan Family Law, Raleigh

Hear about the use of financial experts in spousal support cases to establish the marital standard of living, in high-income child support cases to demonstrate a child's expenses, and in off-guidelines child support cases.

12:10      Lunch Break

1:10        Business Valuations

Jon Strickland, Elliott Davis PLLC, Raleigh

Discuss the areas of a business valuation, such as areas of subjectivity, standards of applying subjectivity in analysis, and use of an expert to review and attack the business valuation.

2:10        Break

2:20        Taxes

Victoria Coble, Clarity Financial Consulting LLC, Charlotte

Explore valuing tax benefits and losses as an asset in equitable distribution with the use of an expert. Walk through how to deal with pass-through income tax, the valuation of tax-loss carryforward, and other tax benefits to consider.

3:20        Break

3:30        Executive Compensation

Michael A. Paschall, Bannister Financial Inc., Charlotte
Lori M. Vitale, Vitale Family Law, Raleigh

Analyze executive compensation in equitable distribution and consider and value golden handcuffs, golden parachutes and other executive benefits. Examine the valuation of stock options, restricted stock awards, phantom stock and more. Then learn about drafting language for "if, as and when" divisions and the use of experts in executive compensation matters.

4:30        Adjourn for the day

FRIDAY, JANUARY 28, 2022

8:55        Welcome and Introductions

9:00        Technology Experts

Clark C. Walton, Reliance Forensics LLC, Charlotte

Learn about the use of technology experts in family law cases and gain insight into what you can find on smartphones, tablets, computers and other devices. Then walk through the use of protective orders in information technology matters and the use of forensic computer experts in domestic cases.

10:00      Break

10:10      Vocational and Rehabilitation Experts

J. Wade Harrison, Harrison Whitaker, Burlington
Maria Vargas, Vargas Vocational Consulting, Belmont

Examine the use of vocational and rehabilitation experts and how to impute income or resist imputing income in alimony and child support cases. Then discuss relevant case law regarding imputation of income.

11:10      Break

11:20      The Impact of COVID-19

Tim Morrison, Clarity Financial Consulting LLC, Charlotte

Discuss the impact of COVID-19 on business valuations. Topics include how to deal with Paycheck Protection Program loans, the effects of interruptions in business due to the pandemic, and atypical increase or decrease in business income and how to consider or value that income.

12:20      Lunch Break

1:20        Valuing Intellectual Property

Neil Beaton, Alvarez & Marsal Valuation Services, Seattle, WA

Gain insight into valuing intellectual property in equitable distribution. Analyze the types of intellectual property and discuss challenges in valuing intellectual property.

2:20        Break

2:30        Custody Case Experts

Carolyn Pender-Roche, Ph.D., Next Step Psychology PLLC, Durham

Delve into the use of experts in custody cases where children refuse or are resistant to visitation. Consider the reasons for children’s refusal or resistance to visitation and strategies for dealing with the resistance.

3:30        Break

3:40        Real Estate Appraisal

Arlene M. Zipp, Roberson Haworth & Reese PLLC, High Point

Review a typical real estate appraisal and the areas of subjectivity. Then go over how to attack an appraisal in court and the red flags to look out for.

4:40        Adjourn

Description

Family law practitioners rely on experts to help build their cases, but how do you know when an expert is really an expert? This program reviews how to qualify a sIsn't There an Expert for That? (2022 Family Law Intensive Program)ubject matter expert and how to utilize their knowledge.

Contributors

  • Neil Beaton

    Neil Beaton is a Managing Director with Alvarez & Marsal Valuation Services in Seattle, WA. He specializes in the valuation of public and privately held businesses and intangible assets for purposes of litigation support (lost profits claims, marriage dissolutions and others), acquisitions, sales, buy-sell agreements, ESOPs, incentive stock options and estate planning and taxation. He also performs economic analysis for personal injury claims, wrongful termination and wrongful death actions.

    Neil has valued patents, trademarks, trade secrets and many other intangible assets. He is regularly hired to perform purchase price allocations and valuations for the granting of stock options. He also performs valuations for employee-owned companies, as well as municipal, state and federal entities. He has served as a neutral appraiser in numerous disputes and has served as a special master in a number of venues. Moreover, Neil has valued a number of unique assets including, but not limited to, celebrity goodwill, domain names, patents, trademarks, movie rights, licenses, wireless spectrum, franchise rights, software, hotels and non-compete agreements.

    Neil earned a bachelor's degree in economics from Stanford University and a master's degree in finance from National University. He is a Certified Public Accountant (CPA), Chartered Financial Analyst (CFA) and Accredited Senior Appraiser (ASA). Additionally, he is accredited in Business Valuation (ABV) and Certified in Financial Forensics (CFF), and is a member of the American Institute of Certified Public Accountants (AICPA), the CFA Institute and the American Society of Appraisers. In addition, he is a frequent lecturer at local universities, an instructor for the AICPA's business valuation courses and speaks nationally on business valuation with a special emphasis on early stage and high technology companies.

    Click here for more information about Neil.

  • Shelby Duffy Benton

    Shelby Duffy Benton is a family law attorney at Benton Family Law in Goldsboro. She is a Board Certified Specialist in Family Law and a Family and Financial Mediator.

    Shelby served as the 121st President of the North Carolina Bar Association (NCBA) for 2015-2016. Prior to being named President of the NCBA she served the Association in several leadership roles: Chair of the Family Law Section; Board of Governors; 4All Committee; Legislative Advisory Committee; Chair of Audit and Finance; and President-Elect. Currently she serves on the Past Presidents Council and as Chair of the Talent Development Committee.

    Shelby is a Fellow in the American Academy of Matrimonial Lawyers (AAML). She served as the State Bar Counselor for the 8th Judicial District. She is currently serving on the State Bar Ethics Committee.

    Shelby received her ungraduated education at NCSU and her J.D. from Campbell University School of Law.

    Click here for more information about Shelby.

  • Kimberly W. Bryan

    Kimberly W. Bryan is a partner with Parker Bryan Family Law in Raleigh. She has been practicing family law since 1992. She is a DRC-certified mediator, and Board Certified Specialist in Family Law and has been since 2000.

    Kimberly has been an active member of the N.C. Bar Association serving on the Family Law Council and various other Bar committees and in leadership positions. She has planned many seminars and CLE programs and has contributed to various publications.

    Kimberly is a Fellow with the American Academy of Matrimonial Lawyers, serving on various committees and in leadership positions, and she is certified by the AAML as a Family Law Arbitrator. Kimberly is also an adjunct professor at Campbell University School of Law and teaches Family Law. She has been named in The Best Lawyers in America; Legal Elite; Super Lawyers; and as one of the Top 100 lawyers in North Carolina and 50 Best Female Lawyers in North Carolina by Super Lawyers.

    Click here for more information about Kimberly.

  • Sherry W. Campbell

    Sherry W. Campbell is a Certified Divorce Financial Analyst® with Hutchinson Family Offices in Greensboro. Hutchinson Family Offices is an independent concierge wealth management firm serving a select number of high-net-worth families.

    Sherry has over 22 years of experience, including her work in national high-profile divorce cases. She works together with family law professionals to help their clients get a fair and equitable divorce settlement in a timely fashion.

    Sherry lectures at various educational institutions and conferences nationally and has published articles with the North Carolina Family Law Forum.

    Click here for more information about Sherry.

  • Victoria Coble

    Victoria Coble is a Managing Member at Clarity Financial Consulting LLC in Charlotte. The team at Clarity assists clients and their legal adviros through the financial aspects of the divorce and separation process, including identifying assets and debts, quantifying income and expenses, and consulting on equitable distribution and tax implications.

    Victoria earner her B.S. in Accounting from Lenoir-Rhyne University and is a CPA.

    Click here for more information about Victoria.

  • Nancy L. Grace

    Nancy L. Grace is a principal of Wake Family Law Group in Raleigh. She is a Board Certified Specialist in Family Law, a Fellow of the American Academy of Matrimonial Lawyers, and a DRC certified Family Financial Mediator.

    Nancy is a former Chair of the Family Law Section of the North Carolina Bar Association and a former Chair of the Family Law Section of the North Carolina Academy of Trial Lawyers (now North Carolina Advocates for Justice). She is the Immediate Past President of the Tenth Judicial District Bar and has previously served as President of the North Carolina Chapter of the American Academy of Matrimonial Lawyers.

    Nancy received a B. A. degree in Spanish in 1982 and a Master's Degree in Teaching in 1986 from the University of North Carolina at Chapel Hill. She taught Spanish at North Carolina State University prior to attending law school. In 1996, She received a J.D. with Honors from the University of North Carolina School of Law and then served as law clerk to the Honorable James A. Wynn, Jr. of the North Carolina Court of Appeals prior to entering private practice.

    Nancy has a long history of serving on committees and in leadership positions in professional organizations relating to family law and is a frequent speaker at or course planner for family law CLE programs.

    Click here for more information about Nancy.

  • J. Wade Harrison

    J. Wade Harrison is an attorney, mediator and arbitrator at Harrison Whitaker in Burlington. After working four years in Washington in the House of Representatives, he began practicing in Burlington.

    Wade is a North Carolina Board Certified Specialist in Family Law and has been included in The Best Lawyers in America©. He is a Fellow in the American Academy of Matrimonial Lawyers and has been named to the North Carolina Super Lawyers® list in the area of Family Law. Wade has been a planner and speaker for continuing legal education programs for family lawyers and have served in leadership positions in the family law bar and have donated time to assisting domestic violence victims.

    Wade has been trained in and has experience using the collaborative divorce model. He is certified by the North Carolina Dispute Resolution Commission as a Family Financial Mediator. He is also certified by the American Academy of Matrimonial Lawyers as a family law arbitrator. He actively engages in the mediation and arbitration of family law disputes. He has completed the Harvard Negotiation Project training for family law attorneys.

    Wade has served as Treasurer of the Litigation Section, President of the Family Law Section, President of the North Carolina Chapter of the AAML, Delegate to the National Board of Governors for the AAML and President of the Alamance County Bar Association.

    Most recently, Wade was one of the attorneys appointed to represent the interests of the North Carolina Bar Association on the Chief Justice's COVID-19 Task Force. He has been recognized for his community service as a North Carolina Citizen Lawyer by the North Carolina Bar Association and for his service to the Bar was presented with the James E. Cross Leadership Award by the North Carolina State Bar.

    Wade earned both his B.A. and J.D. from the University of North Carolina.

    Click here for more information about Wade.

  • Stephanie T. Jenkins

    Stephanie T. Jenkins is a partner at Parker Bryan Family Law in Raleigh, having joined the firm in 2020. Prior to joining Parker Bryan, she practiced family law for more than twenty years, mostly in Raleigh. Stephanie was admitted to the North Carolina Bar in 1992. She received her B.A. from Davidson College and her J.D. from the University of North Carolina.

    Stephanie is a member of the North Carolina Bar, the Wake County Bar, the Tenth Judicial District Bar, and the American Bar Association. She has practiced in District and Superior Courts, mainly in Raleigh and Durham, though she has also had cases as far east as Brunswick and New Hanover counties. She is also admitted to practice in the United States District Court for the Eastern District of North Carolina. She, along with Carole Gailor, presented at the 2010 "Isn't There A Case About That? 50 Critical Family Law Cases to Know" on the issue of equitable distribution.

    Click here for more information about Stephanie.

  • G. Russell "Russ" Kornegay III

    G. Russell "Russ" Kornegay III is an attorney at James McElroy & Diehl PA in Charlotte. His practice deals almost exclusively with family law. He has substantial trial experience as lead counsel in complex equitable distribution matters with an emphasis on business valuation issues as well as highly contested child custody cases. He maintains an active practice (trials, mediations and arbitrations) counseling and advising clients in all areas of family law.

    Russ received his B.S. in Business Administration from the Kenan-Flagler Business School at the University of North Carolina at Chapel Hill and his J.D. from Campbell University School of Law.

    Click here for more information about Russ.

  • Tim Morrison

    Tim Morrison is a Managing Member at Clarity Financial Consulting LLC in Charlotte. Tim's area of expertise is business valuation services performed for such purposes as equitable distribution, gift and estate tax, litigation support, management planning, buying/selling of business interests, management equity grants, buy-sell agreements and financial statement reporting. He has valued hundreds of closely held companies operating in various industries. He has been designated as an expert witness and has provided testimony.

    Tim holds the Chartered Financial Analyst (CFA) and Accredited Senior Appraiser (ASA) designations. In addition, Tim earned his MBA from Wake Forest University.

    Click here for more information about Tim.

  • Preston O. Odom III

    Preston O. Odom III is with James McElroy & Diehl PA in Charlotte. He focuses on appellate practice and trial-level litigation support in numerous areas of the law, both civil and criminal. In this vein, he is a North Carolina Board Certified Specialist in Appellate Practice; the Chair of the North Carolina State Bar's Board of Legal Specialization Appellate Practice Specialty Committee; a member of the North Carolina Bar Association's Appellate Rules Committee; and former Chair of the North Carolina Bar Association's Appellate Practice Section.

    Preston began his legal career with the Supreme Court of Florida, where he served as a law clerk for two different Justices. He joined James McElroy & Diehl in September 2000 and became a shareholder in June 2005.

    Preston hails from Tallahassee, Florida, and completed his first year of undergraduate studies at the United States Air Force Academy. He transferred to Florida State University, where he graduated in 1993 with a B.A. in History. Preston attended law school at the Florida State University College of Law, where he was a member of the Law Review and The Order of the Coif. He received his Juris Doctor degree in 1997, magna cum laude.

    Click here for more information about Preston.

  • Michael A. Paschall

    Michael A. Paschall is Managing Director at Banister Financial Inc in Charlotte. He performs business valuations of privately-held entities in a wide range of industries for gift and estate tax, litigation, transaction, and other purposes.

    Michael has over 25 years experience in business valuations. Nationally recognized, Michael has held key positions in the valuation profession, is the co-author of a 2,000+ page book on business valuation, and is a frequent speaker on the subject.

    Michael has extensive court testimony experience on business valuation issues, and has been appointed by courts as a valuator in a number of divorces and disputes. He has valued privately-owned companies varying from less than $1 million to over $2 billion in annual revenues in hundreds of industries. This includes valuations of companies, LLCs, partnerships, and professional practices for estates/gifts and related planning, charitable contributions, shareholder buy/sell agreements, divorce, disputes (dissenting shareholder cases), business damages, ESOPs, purchase/sale, stock options, and for other reasons.

    Michael earned his B.A. in English and Economics from University of North Carolina at Chapel Hill and his J.D. from Wake Forest University School of Law.

    Click here for more information about Michael.

  • Carolyn Pender-Roche PhD

    Carolyn Pender-Roche PhD is a Licensed Psychologist at Next Step Psychology PLLC in Durham. She founded Next Step Psychology in 2013. Prior to opening her own practice, Carolyn practiced psychology at Silber Psychological Services from 2009 to 2013 in their Raleigh and Cary office locations. She has over 15 years experience working with children and their families.

    Carolyn specializes in the treatment and evaluation of children, adolescents, and families with a wide range of presenting issues. She is also a Parenting Coordinator and assists families in managing high conflict issues, facilitates co-parenting, and addresses general divorce issues. She also enjoys giving presentations on a range of topics to groups and other professionals across a variety of settings.

    Carolyn completed her undergraduate degree at McGill University, Montreal Canada, with a major in the Psychology Honours Program, and a double minor in Sociology and Hispanic Studies. She attended the University of South Carolina where she earned her M.A. and Doctorate of Philosophy (Ph.D.) degree in School Psychology. While at USC, she was elected as the President of the Psychology Graduate Student Association (PGSA). She then completed her pre-doctoral internship and a postdoctoral fellowship at Johns Hopkins University School of Medicine and the Kennedy Krieger Institute where she specialized in Child and Family Therapy and Neuropsychology.

    Click here for more information about Carolyn.

  • Tate K. Sterrett

    Tate K. Sterrett is a family law attorney at Offit Kurman in Charlotte. His practice focuses on family law, particularly complex equitable distribution and alimony cases. He negotiates settlements of property divisions and support arrangements and litigates those cases that cannot be settled. He also mediates or arbitrates disputes for others.

    Tate is a fellow and a certified arbitrator in the American Academy of Matrimonial Lawyers, the national organization that encourages the study and elevates the standards in the practice of matrimonial law. He is certified as a family law specialist by the North Carolina State Bar Board of Legal Specialization, and a certified family financial mediator by the North Carolina Dispute Resolution Commission.

    Tate earned his B.S. in Social Science from Davidson College and his J.D. from University of Virginia.

    Click here for more information about Tate.

  • Jon Strickland

    Jon Strickland is a shareholder at Elliott Davis PLLC in Raleigh. He has extensive experience in individual and business income taxation as well as business valuation and litigation support services. With more than 30 years of experience in public accounting, he works with clients across a wide-range of industries utilizing his business valuation credentials and knowledge of complex tax issues.

    Jon has given presentations on numerous topics relevant to attorneys, including valuation and taxation. He has testified in cases involving marital dissolution and distribution of assets and taxation.

    Jon earned his B.A. in Accounting from North Carolina State University and is a CPA.

    Click here for more information about Jon.

  • Maria Vargas

    Maria Vargas is a Vocational Expert and Life Care Planner at Vargas Vocational Consulting in Belmont. She started Vargas Vocational Consulting in 2000 and provides a range of services. She is a Social Security Vocational Expert; providing vocational consulting for attorneys, insurance carriers and individuals. She performs work as a vocational expert and testifies in deposition and court about earning capacity and vocational damages. She has experience in the areas of: divorce litigation, personal injury, medical malpractice, disability, Veterans Disability, worker's compensation, and employment law. Vargas Vocational Consulting also provides expert work as a life care planner.

    Maria is an admitted expert in District courts across the state of North Carolina and the United States, as well as Federal Court.

    Vargas Vocational Consulting also provides job placement and plan development for long term disability claims and case management for special needs trust cases.

    Click here for more information about Maria.

  • Lori M. Vitale

    Lori M. Vitale is the founding partner of Vitale Family Law in Raleigh, which opened its doors in 2011. Prior to opening her own firm, she was a partner at the firm of Cheshire Parker Schneider Bryan & Vitale, where she practiced family law for 15 years.

    Lori is a Board Certified Specialist in Family Law and a Fellow in the American Academy of Matrimonial Lawyers. She had the honor of serving as President of the North Carolina Chapter of the American Academy of Matrimonial Lawyers (2015), Chair of the Family Law Section of the North Carolina Bar Association (2011-2012), and Chair of the Wake County Bar Association Professionalism Committee (2007-2012).

    A graduate of Wake Forest University School of Law, Lori has been recognized in the Best Lawyers in America since 2007, Business North Carolina's Legal Elite since 2009, designated top Legal Elite for Family Law in 2014, and is now in the Hall of Fame. She has been named in North Carolina Super Lawyers; including the Top 50 Women Attorneys and Top 100 Attorneys from 2012 to the present.

    Vitale Family Law has been ranked by U.S. News and World Report as a top family law firm since 2013.

    Click here for more information about Lori.

  • Clark C. Walton

    Clark C. Walton is the principal forensics and cybersecurity expert for Reliance Forensics in Charlotte. He is a licensed North Carolina attorney, an EnCase Certified Examiner (EnCE), and a Cellebrite Certified Mobile Examiner (CCME).

    Clark is a former cyber threat analyst and technical project manager for the Central Intelligence Agency, having served there from 2000 to 2005. In that role, Walton has briefed at the White House and provided written intelligence analysis to high-level consumers including the Director of the FBI, the Attorney General of the United States, and the Office of the Secretary of Defense.

    From 2011 to 2014, Clark sat on the American Bar Association Advisory Committee on Law and National Security, where he was published several times in recent years on issues dealing with the intersection of technology and national security law and data security.

    Clark is also an accomplished attorney, having been named the American Bar Association’s National Outstanding Young Lawyer for 2012-2013. He previously worked as an associate for the international law firm of Mayer Brown LLP and has served as both an assistant district attorney in Mecklenburg County and Special Assistant U.S. Attorney in the Western District of North Carolina. As a prosecutor, Clark took well over 150 matters to trial. Walton has provided legal testimony in approximately 20 cases, and submitted affidavits in dozens of others. As Reliance's principal, he has overseen over 650 forensic investigations. He is also a contracted forensic instructor at the National Computer Forensic Institute, a state/federal partnership located in Hoover, Alabama.

    Clark holds a Mathematical Sciences (Computer Science Option) degree from the University of North Carolina at Chapel Hill, and a law degree from Georgetown University Law Center.

    Click here for more information about Clark.

  • Arlene M. Zipp

    Arlene M. Zipp is a Member-Manager at Roberson Haworth & Reese PLLC in High Point. She is Board Certified Specialist in Family Law from North Carolina Board of Legal Specialization

    Arlene earned her B.A. and M.A., summa cum laude, from Long Island University and her J.D. from Wake Forest University.

    Click here for more information about Arlene.

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January 27, 2022
Thu 8:55 AM EST

Duration 7H 35M

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