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Basics of Accounting for Lawyers 2019 NY


Speaker(s): Alexander M. Vasilescu, Colleen S. Vallen, John J. Molenda, Ph.D., Jonathan B. New, Karen Kincaid Balmer, Kenneth G. Yormark, Mark Trivette, Matthew B. Greenblatt, Mike Pepperney, Peter Foster, Stephanie N. Figueroa, T.C. Fleming, Tracy Richelle High
Recorded on: May. 15, 2019
PLI Program #: 252430

Kenneth G. Yormark is a managing director for K2 Intelligence, where he leads the U.S.-based forensic accounting team. With more than 25 years of experience, he is an expert in complex global investigations and forensic and investigative services. Ken manages and conducts high-profile securities fraud, anti-corruption/Foreign Corrupt Practices Act (FCPA), and Ponzi scheme investigations involving public and private companies in all industries around the globe. He presents to regulatory and law enforcement agencies, boards, senior management, in-house and outside counsel, and auditors.

Working with clients in the financial services, manufacturing, real estate, pharmaceutical, telecommunications, and not-for-profit industries, Ken focuses on formulating and executing strategies regarding forensic accounting, financial investigations, securities litigation, and anti-corruption risk assessments. He is accomplished at assessing the vulnerability and reconstructing internal controls, compliance procedures, and accounting systems. He regularly works side by side with law firms investigating allegations of corruption and bribery, corporate malfeasance, and “cooking the books.” He has been qualified as an expert and testified in deposition and at trial in federal and bankruptcy courts.

Ken is an adjunct professor at Georgetown University Law Center, where he teaches “Accounting for Lawyers.” He is also a faculty member of the Practicing Law Institute and an adjunct faculty member of the Association of Certified Fraud Examiners (ACFE). He speaks nationally on fraud and anti-corruption at conferences and corporate events.

Ken received his B.S. from Queens College and completed graduate studies at New York University in real estate development analysis. He is a Certified Public Accountant (CPA), a Certified Fraud Examiner (CFE), is Certified in Financial Forensics (CFF), and is a Certified Anti-Money Laundering Specialist (CAMS).


Alexander M. Vasilescu is the Regional Trial Counsel for the New York Regional Office of U.S. Securities and Exchange Commission, Division of Enforcement, located in New York City.  In that position, Alex oversees New York's Trial Unit, which consists of Alex, 13 Senior Trial Counsel, and 2 trial unit paralegals. Alex has led investigations and litigations involving violations of a wide range of securities laws. Most recently, Alex was part of the team that brought the cases against the Town of Ramapo and various town officials and the Town of Oyster Bay and various town officials involving municipal securities fraud and Billy Walters and Tom Davis involving insider trading.  Alex also brought the emergency case against Bernard Madoff and various enforcement cases against several employees of Madoff and the auditor for his firm.  Alex also won jury trials in both the Southern District and Eastern District involving insider trading and offering frauds as well as a federal court bench trial involving market manipulation and administrative hearings, including deceptive market-timing and late trading violations. Prior to joining the SEC, Alex was a litigation associate at the law firms of Paul, Weiss, Rifkind, Wharton & Garrison and Kramer, Levin, Naftalis & Frankel LLP. Alex received a B.A., cum laude, in Economics and International Relations from Tufts University, and J.D. from Cornell Law School.


John Molenda is co-chair of Steptoe's Healthcare & Life Sciences Industry Practice, is head of the Intellectual Property Practice for the New York office, and has served on the firm's Executive Committee. He focuses on patent litigation at the district court and appellate levels, opinions of counsel, due diligence, and post-grant proceedings, including inter partes reviews (IPRs) and reexaminations. He represents clients across technologies, including biotherapeutics (biologics), pharmaceuticals (Hatch-Waxman), biochemical research tools, genetically modified plants, medical devices, semiconductors, fiber optics, and computer software.

With respect to John’s appellate practice, he litigates regularly in the US Court of Appeals for the Federal Circuit, including briefing, oral argument, and complex motion practice. He has held substantial roles in over 20 Federal Circuit appeals, including arguing one of the first pharmaceutical-related IPR appeals. John is active in the Federal Circuit community, currently serving as a Vice Chair of the Federal Circuit Bar Association’s Bench & Bar Planning Committee. He has previously held leadership roles on the FCBA’s Patent Litigation, Legislation, and Rules Committees. Prior to private practice, he served as a Federal Circuit law clerk for the Honorable Alan D. Lourie.

With respect to his district court and IPR practices, John has served as lead or co-lead counsel in district court litigations across the United States and has played key roles in multiple trials, mediations, and Markman proceedings. At the same time, John routinely counsels clients on the strategic use of IPRs as part of litigation and settlement strategy, and has served as lead counsel in numerous IPR proceedings on behalf of both petitioners and patent owners. John has served as co-chair of PLI’s Fundamentals of Patent Litigation program since 2014 and speaks regularly about current topics and trends in IPR practice.

While John’s work encompasses a wide range of technologies, he has developed a particular expertise in the area of biologics and biosimilars. He currently represents two pharmaceutical companies in a case involving blockbuster biologics to lower cholesterol and is coordinating pre-litigation strategy and counseling for a global biosimilars program involving high-value monoclonal antibody and cytokine products. John has also led biologics teams conducting transaction-related diligence and pre-petition diligence in advance of IPR filings. He speaks frequently on recent developments involving biologics and biosimilars for organizations including ACI, World Congress, Knowledge Group, BIOTECanada, Canaccord Genuity, and the FCBA.


Jonathan New represents clients in white collar criminal and regulatory matters, corporate investigations, and complex commercial litigation, with a particular focus on cross-border government investigations. He has represented clients in connection with criminal and regulatory investigations conducted by the U.S. Department of Justice, the Federal Bureau of Investigation, the Securities and Exchange Commission’s Division of Enforcement, the Commodities Futures Trading Commission, the Internal Revenue Service, and the New York State Office of the Attorney General.

Jonathan also advises clients on legal and regulatory compliance issues, and has counseled clients on various issues involving intellectual property and computer crimes. He approaches matters analytically, developing a strategy based on a thorough understanding of the facts that presents his clients' position in a light that most resonates with regulators, judges, and jurors.


Mark Trivette specializes in U.S. and foreign income taxation of corporations and their shareholders. His primary areas of concentration include domestic and international mergers and acquisitions, dispositions, divestitures, restructurings, as well as tax controversy resolution, compliance and financial statement reporting.
 
With more than 30 years of experience, Mr. Trivette has worked with both public and private clients in a variety of industry sectors including consumer and industrial products, manufacturing and distribution, retail, technology, telecommunications, financial services, health care and energy. Mr. Trivette has also worked with a number of private equity sponsors and portfolio investments on a variety of tax matters.

Prior to joining A&M, Mr. Trivette spent two years as Vice President Global Tax for a multi-billion dollar private equity-sponsored company in the energy sector where he was responsible for all aspects of tax administration. -Prior to that, Mr. Trivette was a partner with EY in Transaction Advisory Services providing M&A tax due diligence, structuring and post-merger integration services to public and private clients in a variety of industries. -Mr. Trivette was also a tax partner at Grant Thornton where he served as Tax Practice Leader for Atlanta and was Lead Tax Services Partner for the firm’s largest private equity client based in Florida.
 
Earlier in his career, Mr. Trivette served as Tax Director for a Fortune 500 Company based in Washington, D.C., where he established the in-house tax function. Mr. Trivette began his career with the Washington, D.C., office of Ernst & Whinney.
 
Mr. Trivette earned a bachelor’s degree in accounting from Appalachian State University, a master’s degree in taxation from Georgetown University and his J.D, with honors, from The George Washington University Law School. Mr. Trivette is a Georgia CPA and a member (inactive) of the Pennsylvania Bar.
 
Mr. Trivette is an instructor in the MTax Program at Georgia State University’s J. Mack Robinson College of Business where he teaches Taxation of Corporations and Shareholders. Mr. Trivette has been a frequent speaker on tax matters and is active in a variety of volunteer charitable organizations.


Mike Pepperney is a Partner in PwC’s US Tax Mergers and Acquisitions Group in New York.  He specializes in tax planning and transactional matters for private and public companies.  He has a broad range of experience in US federal, state, and international corporate, S corporation, and partnership tax matters.  He has specific expertise in the areas of tax due diligence, transaction structuring, tax-free acquisitions/dispositions, tax basis step up computations, Section 382 studies, issues regarding financially distressed corporations, and other transaction related issues.

Mike has served corporate and private equity clients spanning various industries, including pharmaceuticals and life sciences, manufacturing, retail and consumer, and technology.

Mike has focused solely on M&A tax transactions since 2004 and has spent over 18 years with the PwC tax line of service, including 18 months as a member of our Washington National Tax Services (WNTS) practice in Washington D.C.  He is a certified public accountant and has a Masters in Taxation from Villanova University - School of Law and a B.S. in Accounting/Finance from the Pennsylvania State University.


Peter Foster is a Manager in PwC’s Industry Tax Practice Group in New York.  He specializes in tax accounting, compliance and services.  He has a experience in US federal, state, and international corporate, and partnership tax matters.  He has specific expertise in the areas of tax accounting and provision preparation and review, international compliance, and tax technology and data-driven analysis.

Pete has served clients spanning various industries including, pharmaceuticals and life sciences, manufacturing, retail and consumer, and technology.

Since joining PwC in 2012, Pete has worked both within the industry tax practice as well as rotating within the US Mergers and Acquisition group in New York.  He has a Masters in Accounting from Univeristy of North Carolina at Chapel Hill and a B.A. in Neuroscience from the George Washington University.


T.C. Fleming is the Chief Financial Officer at 1010data, Inc., a fast-growing New York-based software-as-a-service company specializing in big data analytics. He has over 20 years of industry and corporate finance experience.

T.C.’s current role involves the oversight of financial accounting and reporting, taxation, budgeting and expense control, human resources, procurement, recruiting, office management and participation on the company’s management committee.

His experience spans numerous industries including technology, broker/dealers, depository institutions, energy (specifically independent power producers), manufacturing & distribution, environmental services, transportation, specialty finance, publishing and consumer retail.

Prior to joining 1010data, Inc., T.C. served as a senior advisor to the U.S. Bankruptcy Court appointed Examiner on certain financial issues arising from the Lehman Brothers’ bankruptcy. T.C. managed multiple teams of forensic accountants, systems analysts and financial analysts.

Previously, T.C. was a Senior Equity Analyst with an alternative investment fund focused on small- to mid-cap investments. Prior to that, T.C. spent 9 years working at Deloitte in the Special Transaction Services group serving the Texas Pacific Group. He was also a manager in the firm’s audit practices in Chicago, San Francisco, and London, where his clients included SEC registrants as well as privately held corporations in the Financial Institutions industry group.

T.C. regularly lectures on accounting and financial due diligence topics. In addition, T.C. has authored/co-authored articles published in The Daily Deal and Seeking Alpha.

T.C. received his M.B.A. in finance from New York University’s Stern School of Business and his BBA in accounting and computer applications (double major) from the University of Notre Dame. He is a certified public accountant licensed in the state of Illinois.


Colleen is a partner in the firm’s Valuation and Forensic Services practice and is based in the Philadelphia office. As an expert in the field of forensic and investigative accounting, Colleen has focused her attention on forensic and fraud investigations, the preparation of financial damage analysis and litigation support.

Colleen is highly experienced in the analysis, investigation and review of financial documents. Other responsibilities have included case planning and management, financial and economic analysis, expert report preparation, oral presentation of findings as well as assistance with discovery, interrogatories and depositions.

Prior to joining the firm she worked for a litigation consulting and a forensic accounting firm and with a Big 4 accounting firm as an auditor.

Colleen is an adjunct professor at Villanova Law School. She has been engaged by law firms, legal, banking and utility associations, insurance companies, and other associations to speak on a variety of topics, including business interruption, financial document analysis and fraud. Colleen has also provided continuing education to attorneys and individuals through various seminars, including a full day class on fraud geared to the banking industry.

Colleen earned a Bachelor of Science degree in Accounting from Rutgers University. Her education has been supplemented by various continuing education courses with an emphasis on fraud investigation, forensic accounting, financial analysis and business interruption. She is a member of the American Institute of Certified Public Accountants (AICPA) and the Pennsylvania Institute of Certified Public Accountants (PICPA).


Tracy’s practice focuses on representing financial institutions and other corporations in complex civil litigation, arbitration and mediation proceedings, corporate internal investigations, and labor and employment matters.

She has also represented clients before a wide variety of regulatory and prosecutorial agencies, both at the state
and federal levels, as well as congressional committees and independent examiners appointed by court order.

Tracy is co-chair of the Firm’s Diversity Committee, co-chair of the Women’s Initiative Committee and a hiring partner. She also oversees the Firm’s active networks for minority associates: the Asian Associates Network, the Network of Black and Latino Lawyers and the LGBT Network. She is co-chairwoman of the YWCA-NYC, a vice-chairwoman of the Legal Aid Society, and a member of the board of directors of Lawyers’ Committee for Civil Rights Under Law, New York City Bar Justice Center and Partnership for After School Education. She is a member of the Association of Black Women Attorneys and Metropolitan Black Bar Association.


Matthew Greenblatt is a Senior Managing Director at FTI Consulting and is based in New York. Mr. Greenblatt has extensive experience in forensic accounting and internal investigations; auditing and accounting matters; litigation consulting; post- acquisition and shareholder disputes; and advising troubled companies.

Mr. Greenblatt has conducted multiple forensic investigations in connection with cases involving diversions of funds and fraudulent accounting activity by management and has been involved in several internal forensic investigations conducted on behalf of Audit Committees and/or Boards of Directors for both public and private companies. Mr. Greenblatt is currently managing a team of professionals and forensic accountants in connection with the firm’s retention by the court-appointed trustee under SIPA in the liquidation of Bernard L. Madoff Investment Securities.

Mr. Greenblatt has advised on cases involving various types of fraudulent activity, including several large Ponzi schemes; partnership disputes; lost profits; breach of contract claims; and accountants’ malpractice. Mr. Greenblatt has additional expertise with matters involving arbitration and mediation; bankruptcy reorganization; claims management; contract disputes; damages; directors & officers related claims; due diligence; expert testimony; forensic investigations; fraud and fraudulent conveyance; solvency and insolvency; trustee and examiner issues, and valuation.

Mr. Greenblatt has spoken on multiple panels in the area of forensic accounting and investigations and is an adjunct professor, teaching the course “Prevention and Detection of Fraudulent Financial Reporting”, a required course within the Forensic Accounting Program of New York University’s Finance, Law and Taxation Program of NYU’s School of Continuing Studies.

Prior to its acquisition by FTI Consulting, Mr. Greenblatt joined Kahn Consulting in June of 1998. Before that, Mr. Greenblatt was a Senior Auditor with Price Waterhouse’s Audit and Business Advisory Services Group.

Mr. Greenblatt holds a B.S. in accounting from Lehigh University. Mr. Greenblatt is a Certified Public Accountant and a Certified Fraud Examiner, and is Certified in Financial Forensics. Mr. Greenblatt is a member of the American Institute of Certified Public Accountants; the New York State Society of Certified Public Accountants; and the Association of Certified Fraud Examiners.


As a Certified Public Accountant, holder of the AICPA's Certified in Financial Forensics accreditation, a Certified Fraud Examiner and a Certified Forensic Accountant, Karen's areas of expertise include litigation services, generally accepted accounting standards, auditing standards compliance, fraud investigations, evaluation and implementation of internal controls, generally accepted accounting standards and international accounting standards. Karen has performed investigative and FCPA compliance work for more than twenty five years in numerous countries around the world.