Instructor
Instructor
Honorable Jeffrey S. Sunshine, J.S.C., is the Statewide Coordinating Judge for Matrimonial Matters, having been appointed on June 1, 2018, and is the Chair of the Chief Administrative Judge’s Matrimonial Practice Advisory and Rules Committee. He meets regularly with Court Leadership, Administrative and Supervising Judges, Matrimonial Judges, State and Local Bar Associations and their Executive Committees as well as non-judicial staff on issues related to matrimonial law and rules, procedures, and court operations. He troubleshoots issues related to e-filing, virtual proceedings, case reporting and statistics, and helped to spearhead as a result of the COVID-19 pandemic, the creation of the virtual evidence courtroom (VEC) with the Director of E-filing.
He led the creation of the Uncontested Joint Divorce Pilot Project designed to simplify and streamline the uncontested divorce process in New York State. Recently he led the effort to the adoption by the Administrative Board of the Courts to the harmonization of the recently enacted Supreme and County Court rules with the Matrimonial Rules. The harmonization provided a unique “carve out” to Supreme Court Rules taking into account self-represented litigants and survivors of domestic violence and/ or intimate partner violence. The harmonization rules allow Judges and Attorneys greater flexibility in preliminary conferences and overall case processing.
Justice Sunshine also spearheaded the development by the Division of Court Research of the Matrimonial Judges dashboard, specifically allowing for easy tracking of caseloads and case status for pre-judgment and post-judgment cases. He also serves as the liaison to the Chief Administrative Judge and the Deputy Chief Administrative Judges, the Unified Court System’s ADR Office, Office of Court Research, Division of Technology, Office of Public Affairs, OCA counsel and the Director of E-filing. He is the liaison for matrimonial matters with the Judicial Institute (JI) for judicial education programs and helps organize, present/moderate the matrimonial related components of the Summer Judicial Seminars, New Judge School for newly appointed and elected Judges, and Lunch and Learn programs during the year.
Justice Sunshine continues to serve as Supervising Judge of Matrimonial Parts Kings County. He also served on numerous court committees including the Chief Judge’s A.D.R. Committee and for many years has served on the OCA Statewide Family Violence Task Force.
In 2015 Justice Sunshine successfully established and then mediated a proposal to reform New York Maintenance Guidelines Statute by forming a working group of bar leaders and advocates. The mediated agreement with the support of OCA passed both houses of the Legislature and was enacted by the New York Legislature and signed into law by the Governor on September 25, 2015. The legislation revamped the New York Maintenance Statue and was the first major overhaul of permanent maintenance in New York in decades. He has recommended with the assistance of the Matrimonial Practice Advisory and Rules Committee the revisions by the Administrative Board to the uniform affidavits of net worth and preliminary conference forms and has been actively involved in leading the recommendation for the establishment of suggested protocols for matrimonial and family court mediation.
He has also organized and facilitated the first ever Matrimonial Practice Diversity Summit at the NYC Bar Association on April 17, 2023, in conjunction with the OCA Division of Justice Initiatives, the Family Law Committee of the City Bar Association and the NY Chapter of the American Academy of Matrimonial Lawyers.
A former President of the Brooklyn Bar Association, he served as Chair of the Family Law Section for over ten years. He is a member of the House of Delegates of The New York State Bar Association. He also served as the Chair of the New York State Bar Association Special Committee on Judicial Discipline from 1996-1998 and as Chair of the Board of Advisors of the Center for Children, Families and the Law at the Maurice A. Deane School of Law - Hofstra University where he obtained his Juris Doctor degree in 1980. He graduated summa cum laude from Brooklyn College of the City University of New York in 1977 and is a member of both the New York and Massachusetts Bar. He has also been a member of New York City Bar Association since 1998.
Business valuation and forensic accounting reports often involve significant professional judgment. While legitimate differences in opinion can exist, unsupported assumptions, selective methodologies, and flawed analyses can materially influence conclusions. This FAE Technical Session explores how valuation models and forensic accounting examinations may be structured to support a predetermined outcome rather than an objective analysis, and how the courts manage the increasingly complex financial proof arising from these matters.
Participants will examine standard of value and premise of value decisions, methodology selection, normalization adjustments, discount and capitalization rates, and other key inputs that can significantly affect valuation conclusions. The program will also address forensic accounting red flags, deficiencies in due diligence, judicial approaches to managing expert financial evidence, and practical techniques for evaluating the credibility, reliability, and support underlying valuation and forensic accounting reports.
Drawing on judicial, valuation, forensic accounting, and litigation perspectives, attendees will gain practical tools for identifying unsupported conclusions, assessing the quality of expert analyses, understanding how financial proof affects case administration, and evaluating reports in the context of dispute resolution and litigation.
Note: This session is eligible for CLE credits.
· Identify standard of value and premise of value decisions that influence valuation conclusions and recognize circumstances in which those decisions are inconsistent with the underlying facts and circumstances.
· Analyze methodology selection, guideline company and transaction screening, normalization adjustments, capitalization and discount rate build ups, valuation discounts, and forensic accounting procedures for indicators of bias, manipulation, inadequate due diligence, or unsupported assumptions.
· Apply principles derived from AICPA SSVS No. 1, NACVA standards, USPAP, and IRS Revenue Ruling 59-60, together with judicial and litigation perspectives, to evaluate valuation and forensic accounting reports, identify potential weaknesses, and assess the reliability and supportability of expert conclusions.
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Litigation attorneys handling shareholder disputes, matrimonial actions, breach of fiduciary duty claims, and commercial damages cases; In-house and outside counsel who retain or cross-examine valuation and forensic accounting experts; CPAs and CVAs who prepare or review business valuation and damages reports; Forensic accountants, fraud examiners, and financial analysts supporting litigation teams; Judges, mediators, and arbitrators who evaluate competing expert reports
Honorable Jeffrey S. Sunshine, J.S.C., is the Statewide Coordinating Judge for Matrimonial Matters, having been appointed on June 1, 2018, and is the Chair of the Chief Administrative Judge’s Matrimonial Practice Advisory and Rules Committee. He meets regularly with Court Leadership, Administrative and Supervising Judges, Matrimonial Judges, State and Local Bar Associations and their Executive Committees as well as non-judicial staff on issues related to matrimonial law and rules, procedures, and court operations. He troubleshoots issues related to e-filing, virtual proceedings, case reporting and statistics, and helped to spearhead as a result of the COVID-19 pandemic, the creation of the virtual evidence courtroom (VEC) with the Director of E-filing.
He led the creation of the Uncontested Joint Divorce Pilot Project designed to simplify and streamline the uncontested divorce process in New York State. Recently he led the effort to the adoption by the Administrative Board of the Courts to the harmonization of the recently enacted Supreme and County Court rules with the Matrimonial Rules. The harmonization provided a unique “carve out” to Supreme Court Rules taking into account self-represented litigants and survivors of domestic violence and/ or intimate partner violence. The harmonization rules allow Judges and Attorneys greater flexibility in preliminary conferences and overall case processing.
Justice Sunshine also spearheaded the development by the Division of Court Research of the Matrimonial Judges dashboard, specifically allowing for easy tracking of caseloads and case status for pre-judgment and post-judgment cases. He also serves as the liaison to the Chief Administrative Judge and the Deputy Chief Administrative Judges, the Unified Court System’s ADR Office, Office of Court Research, Division of Technology, Office of Public Affairs, OCA counsel and the Director of E-filing. He is the liaison for matrimonial matters with the Judicial Institute (JI) for judicial education programs and helps organize, present/moderate the matrimonial related components of the Summer Judicial Seminars, New Judge School for newly appointed and elected Judges, and Lunch and Learn programs during the year.
Justice Sunshine continues to serve as Supervising Judge of Matrimonial Parts Kings County. He also served on numerous court committees including the Chief Judge’s A.D.R. Committee and for many years has served on the OCA Statewide Family Violence Task Force.
In 2015 Justice Sunshine successfully established and then mediated a proposal to reform New York Maintenance Guidelines Statute by forming a working group of bar leaders and advocates. The mediated agreement with the support of OCA passed both houses of the Legislature and was enacted by the New York Legislature and signed into law by the Governor on September 25, 2015. The legislation revamped the New York Maintenance Statue and was the first major overhaul of permanent maintenance in New York in decades. He has recommended with the assistance of the Matrimonial Practice Advisory and Rules Committee the revisions by the Administrative Board to the uniform affidavits of net worth and preliminary conference forms and has been actively involved in leading the recommendation for the establishment of suggested protocols for matrimonial and family court mediation.
He has also organized and facilitated the first ever Matrimonial Practice Diversity Summit at the NYC Bar Association on April 17, 2023, in conjunction with the OCA Division of Justice Initiatives, the Family Law Committee of the City Bar Association and the NY Chapter of the American Academy of Matrimonial Lawyers.
A former President of the Brooklyn Bar Association, he served as Chair of the Family Law Section for over ten years. He is a member of the House of Delegates of The New York State Bar Association. He also served as the Chair of the New York State Bar Association Special Committee on Judicial Discipline from 1996-1998 and as Chair of the Board of Advisors of the Center for Children, Families and the Law at the Maurice A. Deane School of Law - Hofstra University where he obtained his Juris Doctor degree in 1980. He graduated summa cum laude from Brooklyn College of the City University of New York in 1977 and is a member of both the New York and Massachusetts Bar. He has also been a member of New York City Bar Association since 1998.
As Statewide Coordinating Judge for Matrimonial Matters, Hon. Jeffrey Sunshine occupies a unique vantage point on how financial issues are managed across New York's judicial districts and the ongoing efforts to promote consistency and efficiency statewide. In this keynote and Q&A session, Judge Sunshine will discuss the administration of financial proof in matrimonial and commercial matters, including the role of the Statewide Coordinating Judge, the impact of complex financial expert proof on case processing, and the procedural tools available to courts for managing expert evidence and narrowing issues before trial. The session will also address developments from the Matrimonial Practice Advisory and Rules Committee, judicial education on financial and valuation issues, and ways the accounting and legal professions can help courts move these matters to disposition more efficiently.
Upon completion of this session, participants will be able to:
· Describe the role of the Statewide Coordinating Judge in promoting the uniform handling of financial issues across counties and identify areas where judicial practices have been standardized.
· Explain how the volume and complexity of financial expert proof can affect case processing, including time to disposition, calendar congestion, adjournment practices, and trial length.
· Identify procedural tools available to courts for managing expert proof and narrowing issues before trial, including preliminary and compliance conferences, expert disclosure scheduling, stipulated valuation dates, and the use of neutral experts.
· Summarize recent rule and policy developments from the Matrimonial Practice Advisory and Rules Committee, including issues currently under consideration.
· Describe the evolution and statewide delivery of judicial education on financial and valuation issues and recognize areas where additional professional support may benefit the bench.
· Recognize ways the accounting and legal professions can support the efficient administration and disposition of cases involving complex financial issues.
Business valuations require numerous judgments regarding methodology, assumptions, projections, and market evidence. This session examines the areas of the valuation process most susceptible to bias or manipulation and explores how seemingly reasonable assumptions can materially affect value conclusions. Participants will review common examples of methodology selection bias and learn practical techniques for evaluating the reasonableness and consistency of valuation analyses.
Upon completion of this session, participants will be able to:
· Identify valuation methodologies, assumptions, and adjustments that have the greatest impact on value conclusions.
· Evaluate guideline company selection, transaction screening, normalization adjustments, and rate development for signs of bias or manipulation.
· Assess whether valuation conclusions are adequately supported by the underlying facts, data, and professional standards.
The quality of a forensic accounting conclusion is dependent upon the quality, completeness, and objectivity of the underlying investigation. This session explores how inadequate due diligence, selective evidence gathering, confirmation bias, and deficient investigative procedures can result in unreliable conclusions. Participants will examine common forensic accounting red flags and learn how to determine whether an examination reflects objective professional skepticism or merely supports a predetermined outcome.
Upon completion of this session, participants will be able to:
· Identify forensic accounting procedures and investigative deficiencies that may compromise the reliability of conclusions.
· Evaluate whether a forensic examination demonstrates appropriate due diligence, professional skepticism, and evidentiary support.
· Distinguish between objective investigative findings and analyses that appear designed to support a desired result.
This interactive panel discussion will bring together judicial, valuation, forensic accounting, and litigation perspectives to address audience questions and explore real world challenges involving financial expert testimony. Panelists will discuss common weaknesses they encounter in valuation and forensic accounting reports, effective methods for identifying unsupported assumptions, and practical approaches for challenging questionable analyses.
Upon completion of this session, participants will be able to:
· Summarize common indicators of unreliable valuation and forensic accounting analyses.
· Compare judicial, practitioner, and litigation perspectives regarding expert credibility and report quality.
· Apply concepts discussed throughout the program to evaluate, challenge, and defend financial expert opinions in litigation and dispute matters.