2024- No. 2024-04

Non-members can subscribe here and receive future quarterly issues directly. You can also find this issue and all past issues on SER's Newsletter webpage.

HEARD THROUGH THE GRAPEVINE: ARTICLES, COMMENT LETTERS, SPEECHES & ITEMS OF INTEREST

Contributors: Public Relations Committee Members

(ed: A compilation of recent items that may be of interest to securities experts and attorneys relating to the securities industry, dispute resolution, regulatory actions and comments.)

EIGHT ENFORCEMENT TRENDS THAT LIKELY WILL END UNDER A TRUMP SEC This linked article from the law firm Proskauer uses the voting record, speeches and public statements of the Commissions, including incoming SEC Chair (and former Commissioner) Paul Atkins, to provide a roadmap on what SEC enforcement may look like under the new administration. READ MORE

NASAA PROPOSALS Visit the NASAA Proposals page to read the "Notice of Request for Public Comment Regarding Proposed Revisions to NASAA’s Dishonest or Unethical Business Practices of Broker-Dealers and Agents Model Rule" as well as comment letters that were due by December 19th, including by SIMFA and PIABA. READ MORE

EXPERT OPINIONS-THE SUPREME COURT HANDS DOWN TWO RULINGS THAT DIRECTLY AFFECT EXPERT TESTIMONY.  The Supreme Court handed down several criminal procedure cases in the 2023-2024 term. Since June 2024 when the cases were decided, Supreme Court practitioners have commented that two of the cases have relevance to attorneys and expert witnesses involved in corporate defense. READ MORE

SER MEMBERS PROVIDE INPUT TO FINRA's NAMC DISCOVERY GUIDE SUBCOMMITTEE SER was honored to comply with a request to assist FINRA's National Arbitration and Mediation Committee (NAMC) Discovery Subcommittee as to how the FINRA discovery guide should be modified to accommodate the expected surge in investment advisor related disputes. READ MORE

THE NEUTRAL CORNER VOLUME 4, 2024 The fourth quarter issue of FINRA's arbitration and mediation newsletter discusses "The Active Role of the Chairperson", Dispute Resolution Services (DRS) case filings and trends, rule approvals and filings, and mediation statistics. READ MORE

BANK INSIDERS ARE LEAKING DATA ON CLIENT ACCOUNTS AS SCAMS SURGE A Bloomberg article discusses how financial institutions are increasingly relying on low-cost employees and subcontractors to perform sensitive tasks which exposes customers to a higher risk of being subject to a scam. A takeaway for securities attorneys and experts: when preparing a case, consider the qualifications of all the persons who were responsible for performing task(s) associated with the subject of the claim. READ MORE

MEMBER ACHIEVEMENTS - BRINGING CREDIT TO THE PROFESSION

Contributors: Patti Koetting (pkoetting@gmail.com) (ed: Whether it’s writing an article, hosting an event, joining a professional committee, or just pursuing a smart practice, we report on member's efforts here. Look to the “Newsroom” section of the SER Website for more frequent, timely reports on our members.)

SER member Colleen Diles spoke at the National Society of Compliance Professionals (NSCP) Conference in October. Ms. Diles, a current SER Director, addressed FINRA’s regulatory practices in response to the evolving landscape of remote work. The panel: Remote Supervision Pilot Program and Residential Supervisory Locations (RSLs), addressed key aspects of FINRA's remote inspections... READ MORE

SER member Gontran de Quillacq recently announced his firm, Navesink International, was awarded the "Best Financial Markets Expert Witness Specialists 2024 – USA" award by Acquisition International. Acquisition International, a flagship brand of AI Global Media, is an international, monthly digital business magazine "committed to bringing its readers up to the minute news, comment and analysis." ... READ MORE

MEET OUR NEWEST MEMBERS! (Click on a name to view the full profile on SER's website, where you can also access their contact info and website. Better yet, reach out and connect to find out more about them.

Lisa James is a seasoned forensic accountant and the Principal of LJ Consultants, providing thorough financial investigations, fraud analyses, and dispute resolutions in both litigious and non-litigious environments. Her firm’s strategic approach has served private and public sectors, including federal entities like DFAS, DCAA, and DCMA, ensuring compliance with GAAP, CAS, and FAR. Lisa’s work encompasses audit readiness, contract closeouts, and complex pricing models, underpinned by her CFE and CFCS designations. A dedicated advocate for integrity in financial examinations, she contributes as a Board Member of the ACFE Washington DC Chapter, promoting ethical standards, educational initiatives, and thought leadership in forensic accounting.

Jack Duval is Managing Partner and expert witness at Accelerant LLC, a boutique securities litigation consulting firm. He possesses broad expertise in investment products, Modern Portfolio Theory, fiduciary duties, compliance, securities rules, Regulation Best Interest, and Registered Investment Advisor practices. Jack routinely constructs damage models, analyzes offering documents, and applies advanced statistical techniques to large data sets. Since 2004, he has consulted on more than 500 arbitration cases, participated in over 60 mediations, and testified or been deposed 59 times. Serving as CEO of Bantam Inc., a registered investment advisory firm, and as Managing Member of a cryptocurrency hedge fund, he also supports regulators and is an approved FINRA Arbitrator.

If you have a potential member to nominate, please contact SER's Membership Chair Paul Carroll (PCarroll@sententiallc.com) or visit our Become a Member page.

PRACTICE MANAGEMENT TIPS!

Contributors: Practice Management Committee members/Veteran SER Members (ed: Helpful tips from seasoned experts relating to operating a successful expert practice.)

Tips from Past Newsletters and Member Benefits

by Alan Besnoff (abesnoff@ajbexpertwitness.com)

Perhaps one of the best practice management tips I can offer is to use the practice management resources available to SER members. One of those resources is the Practice Management Tips found in previous editions of The Expert’s Examiner. Below is a sampling of the many valuable practice management tips contributed by SER members...READ MORE

SER ACTIVITIES-WHAT'S CIRCLING AT THE ROUNDTABLE?

Contributors: Patti Koetting (pkoetting@gmail.com) (ed: SER’s Committees are composed of two Board Members, and most have one or more members at large. Our Committees are listed under the “About Us” button on our Home Page.)

JANUARY BOARD MEETING: SER's Board of Directors will meet for their regular winter meeting on Saturday January 11th, guided by current President Elizabeth Falk. This is Ms. Falk's second term serving as President. In addition to reviewing the financial status of the organization and approving a budget for the new year, the Board hears from each of the various Committee Chairs reporting on their current progress and expectations for the coming year. Directors encourage all members to reach out any time with suggestions on how we can improve the membership experience. If you are interested in participating on a committee, please reach out to any Director, Committee Chair or Executive Director Patricia Koetting (pkoetting@gmail.com).

PRACTICE MANAGEMENT COMMITTEE (PMC): Under the leadership of Committee Chair Colleen Diles, the PMC has embarked on a series of webcasts on practice management topics. First in the series, "Visibility Matters: Mastering SEO to Grow Your Expert Witness Practice" featuring guest speaker Jaryn Dominique of Deviant Digital Services, was broadcast on Dec 6th. Members can access the recording in SER's Library. Registration is now open for the second installment, "Understanding Negligence and Insurance: Insights for Expert Witnesses", scheduled for Feb 5th, moderated by Gordon Yale with guest speakers John Raspante and Lyndon Sommer. "From Expertise to Income: Building Your Expert Witness Business" will broadcast Mar 5th and features committee members Jeff Holik, Rob Jones and SER member Lori Raineri. Registration will open in Feb. Events are listed on Our Upcoming Events calendar.

CONFERENCE COMMITTEE: Save the Date! Planning is already underway for the 2025 Annual Conference in Chicago on July 17-18. (Please take note that this will be a Thursday-Friday event in 2025.) President-Elect and Committee Chair Patrick Dennis is steering the agenda with a focus on outside speakers to discuss AI and other topics, including what lawyers look for when hiring an expert witness. If you have a topic or speaker suggestion, please reach out to Patrick at patrick.dennis@oysterllc.com. Registration to open in the Spring!

STATISTICS, EVENTS & RESOURCES

Contributor: Patti Koetting (pkoetting@gmail.com) (ed: Events, products and services that may be useful to members in their professional activities. Unless specifically stated, SER does not endorse or sponsor any of the products and services mentioned herein.)

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Copyright 2025 Securities Experts Roundtable - publication appears four times a year and is available as a membership benefit to experts of the Securities Experts Roundtable. Comments - suggestions welcome. Email Newsroom@securitiesexperts.org with comments.

Mission Statement: SER provides continuing professional education and promotes ethics and integrity among its members while remaining dispute neutral as an organization.

Disclaimer: This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. The publisher is not engaged in rendering legal, accounting or other professional service or advice. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. The views expressed are those of the individual presenters in their individual capacities only and are not necessarily the views of their respective employers or SER. All content is provided “as is” and may not constitute the most up-to-date information and may not be free from errors. SER expressly disclaims any and all liability with respect to actions taken or not taken based on the content of these programs. SER, its officers and directors offer no opinion about the views expressed in these works and assume no responsibility for the accuracy of any representations or factual assertions contained in the works.