Pauline Booth is a managing director of the Disputes and Investigations practice. Her practice is focused on the analysis of damages related to commercial disputes and intellectual property infringement matters, fraud investigations, forensic accounting issues and the assessment of license and contract compliance.
Based in Boston, Pauline primarily focuses on both contentious and non-contentious intellectual property issues. She has served as a testifying and consulting expert on damages in IP infringement and licensing disputes in various dispute forums, including in International Arbitration. She has dealt with matters governed by US, English and Swedish law. She also serves as Independent Accountant under Settlement Agreements resolving IP infringement and licensing disputes.
She assists owners of intellectual property to protect and maximize the benefits of licensing. She works with clients to assess the risk of IP and revenue leakage in IP portfolios, performs royalty audits to identify both monetary and non-monetary compliance issues. She has valued IP in bankruptcy and licensing situations and has assisted transaction negotiations and strategy.
Pauline is a frequent instructor at various associations, firms and academic institutes on licensing and contract compliance, intellectual property and fraud investigations, including presenting to the China International Economic and Trade Arbitration Commission. She serves as Treasurer, Director and Executive Committee Member of the New England Legal Foundation; a member of the Finance Committee and Chair of the Audit Committee of the Association of University Technology Managers and a member of the Advisory Board of the YMCA Education and Training Branch.
Prior to joining Duff & Phelps, Pauline was a managing director with Alvarez & Marsal Global Forensic & Dispute Services and a director with the Advisory Practice of PricewaterhouseCoopers.
Pauline earned a B.A. in business administration, with a concentration in management, from Edinburgh Napier University. She is a member of the Massachusetts Society of Certified Public Accountants, Institute of Chartered Secretaries and Administrators, the Licensing Executives Society, the Association of University Technology Managers, the American Bar Association, the Boston Bar Association and the Association of Certified Fraud Examiners.
Intellectual Property Disputes
- Served as expert witness on behalf of a major licensee to a software license agreement in a licensing dispute.
- Provided consulting expert services to a Chinese respondent in a licensing dispute in International Arbitration seated at the Stockholm Chamber of Commerce.
- Provided IP and licensing expert support in a Singapore International Arbitration Center (SIAC) matter on behalf of Chinese respondent regarding the assessment of a notional license fee for the alleged misuse of confidential information/trade secrets.
- Served as expert witness in theft of trade secret litigation in the biotechnology industry on behalf of US Plaintiff against an Asian Defendant.
- Calculated damages in connection with a series of patent infringement cases on behalf of a medical device company.
- Served as expert witness in a trademark licensing dispute involving the assessment of lost profits.
- Assessed damages in patent infringement matters for clients in various industries including software, technology, semiconductor, chemical, life sciences, retail, consumer products and aviation industries.
- Analyzed potential damages based on unjust enrichment and disgorgement of Defendant’s profits in theft of trade secret dispute between two sporting goods manufacturers.
- Analyzed economic impacts of alleged trademark infringement in a dispute between two casinos.
- Assessed possibility of unjust enrichment due to dairy industry client’s alleged copyright infringement of logo.
Intellectual Property Consulting
- Served on team of Financial Advisors to the Unsecured Creditors Committee of Kodak, assisting with the evaluation, analysis and process related to the potential divestiture of Kodak’s intellectual property portfolio.
- Hired on behalf of Senior Lender Group of Station Casinos to value and assist in transaction negotiations of a large portfolio of IP assets of certain properties in connection with the Debtor’s plan to exit bankruptcy.
- Assisted in the drafting of various provisions of license agreements including Net Sales and royalty base definitions, royalty and audit clauses.
License and Contract Compliance
- Served as Independent Accountant to clients in medical devices and technology industries to assess amounts due under patent infringement settlement agreements.
- On behalf of a major network solutions provider, conducted a license compliance inspection of a licensee of its chipset technology based in Taiwan.
- Engaged by a software licensee to conduct a royalty audit to assess its compliance with a license agreement which was the subject of a dispute with the licensor in arbitration proceedings.
- Conducted various royalty revenue inspections at licensees of Universities and Research institutes. Conducted several extensive royalty revenue investigations on behalf of licensors in various industries including software, hardware, technology, biotechnology, pharmaceutical and medical devices.
- Conducted rebate payment inspections on behalf of a biopharmaceutical company in connection with agreements relating to volume discounts with distributors.
- On behalf of a large medical device company, conducted cost and pricing compliance audit at third party supplied.
- On behalf of investor, conducted an audit of activities and expenses at business partner to assess contract compliance.
- Analyzed and assessed amounts due under earn-out provisions of agreements in various industries.
General commercial litigation disputes
- Served as expert witness in a breach of contract dispute between an acoustics designer and manufacturer and a contractor.
- Calculated lost profits and earnings in a variety of dispute situations, including contract disputes, business interruption and post-acquisition disputes.
- Analyzed theory and quantification of damages in a significant dispute between major program broadcaster and various subscriber groups.
- Analyzed economic relationship and transactions between large media company and associated joint venture, including identifying and analyzing sales by customer and geography.
- Provided assistance in the resolution of several purchase and sales disputes between large retail companies.
- In connection with a shareholders’ dispute, conducted in-depth analysis of operations of a manufacturing company to forecast future cash flows and advise on financial impact of settlement options to the operations of the business.
- On behalf of large insurance company, conducted detailed analysis of costs incurred by major manufacturing company for environmental remediation activities claimed for reimbursement under various insurance policies.
- Assisted a securities firm in the investigation of the extent of fraudulent transactions carrier out by one of the firm’s sales representatives, analyzed firm’s controls and procedures and provided guidance on action steps to improve deficiencies in controls identified.
- On behalf of a Special Committee of the Board of Directors, investigated breach of fiduciary duty claims against the CEO of the company involving quantifying the scope of inappropriate expense transactions.
- Assisted several publicly traded clients faced with investigations by the Securities and Exchange Commission into certain business practices and the accuracy of reported financial information.
- Assisted major supermarket chain in investigation irregular activities at newly acquired stores.
- Assisted medical device, technology, retail, not-for-profit and state agency clients to identify and quantify employee embezzlement activity, conducted thorough investigations of the employee’s sphere of influence, identified and provided recommendations on control deficiencies as well as assisting with insurance claim.
- ACIS – Chartered Secretary
- Bachelor of Arts, Business Administration with concentrations in management, Edinburgh Napier University.
- Massachusetts Society of Certified Public Accountants, Member
- Institute of Chartered Secretaries and Administrators, Member
- Licensing Executives Society, Member
- Association of University Technology Managers, Member
- American Bar Association, Member
- Boston Bar Association, Member
- Association of Certified Fraud Examiners, Member
- Intellectual Property Infringement Damages
- Licensing Disputes
- International Arbitration
- Licensing and Contract Compliance
- General Commercial Litigation - Damages