Beth Rubin is Managing Director at Ankura Consulting Group and is based in New York. Ms. Rubin has more than fourteen years of experience in assisting clients with complex damages, accounting and financial matters. Her responsibilities include managing all aspects of engagements, including assisting with discovery, conducting fieldwork, reporting, and deposition and trial preparation of witnesses.
Ms. Rubin provides litigation advisory services and specializes in calculating damages relating to general contract disputes, patent infringement, trademark infringement, theft of trade secrets and false advertising disputes. She has assisted both plaintiffs and defendants in calculating economic damages relating to lost sales, lost profits, price erosion, reasonable royalty and unjust enrichment.
In calculating economic damages Ms. Rubin has performed financial analyses relating to profit calculations, manufacturing and marketing capacity, fixed and variable cost analysis, allocation of costs, licensing and royalty determinations, evaluation of forecasts and projections, product line profitability, and prejudgment interest.
Ms. Rubin also has experience relating to purchase price disputes, royalty audits, valuations, and accounting and financial reporting.
Select Commercial Damages / Intellectual Property Experience
- Calculated lost profits in various misappropriation of trade secret, patent infringement, trademark infringement, false advertising, breach of contract and tortious interference matters involving the pharmaceutical, medical technology, retail and apparel, hospitality, manufacturing, telecommunication, consumer products, chemical and software industries, among others. Determined lost units, lost revenue and incremental expenses.
- In at least twenty patent infringement matters, determined the amount of reasonable royalty damages relating to the alleged infringement of various patents relating to medical technology and pharmaceutical drugs, telecommunications, software and hardware, financial / banking and avionics. Analyses focused on potential design around costs, comparable licenses, the Georgia-Pacific factors, market acceptance, and profitability.
- Calculated defendants’ profits and plaintiffs’ recovery of costs in trademark infringement and tortious interference matters involving the hospitality, consumer products and retail and apparel industries.
Select Dispute Advisory Services Experience
- In various purchase price disputes assisted Buyers, Sellers and/or Neutral Arbitrator in the determination of the closing Balance Sheet, Working Capital and/or Statement of Indebtedness. Determined whether certain proposed accounting claims were in compliance with GAAP and whether the claims had an effect on the overall business value and related agreed upon purchase price.
- Evaluated claims relating to Sellers’ alleged accounting misrepresentations relating to the sale of the business. Reviewed and analyzed financial statements and supporting financial documents, press releases, GAAP literature and/or “deal-room” documents to determine whether there was any improper accounting, auditing and/or disclosure issues and financial statement misrepresentations made at the time of sale/acquisition.
- On behalf of several textbook authors, assisted with the review and analysis of royalty payments made by various publishing companies.
- Performed financial due-diligence on several companies on behalf of a global investment management firm.
Select Investigative Services Experience
- Performed a forensic accounting investigation to determine a submarine cable manufacturer’s compliance with the Foreign Corrupt Practices Act (FCPA).
- Assisted in an independent accounting investigation of a construction equipment manufacturer pursuant to a formal inquiry by the SEC into related accounting practices.
- Investigated whistle blower allegations that revenue was inflated at a major healthcare advertising company and reported findings to management.
Ms. Rubin received a Bachelor of Science in Business Administration, Registered Accounting Program, with a concentration in Finance from the State University of New York at Buffalo. She is a Certified Public Accountant in New York, and a member of the American Institute of Certified Public Accountants, the New York State Society of Certified Public Accountants, the Licensing Executives Society and the Text and Academic Authors Association.