Bruce L. Blacker is a Managing Director at Intensity with over 30 years of experience as a forensic accountant and economic damages expert. He is a seasoned expert witness and has provided testimony in Federal Courts, State Courts, and at arbitrations. Additionally, he has experience with matters filed internationally in Canada, Europe, Mexico, and with the International Trade Centre.
As a litigation consultant, Mr. Blacker has extensive experience in matters involving breach of contract, business interruption, fraud investigations, insurance claims, intellectual property matters (such as copyright, patent infringement, trade dress, trademark, and trade secrets), lender liability, loss of earnings, securities fraud, and other general damage quantification matters. His expertise includes:
- Economic damages
- Lost profit damages
- Disgorgement remedies
- Reasonable royalty damages
- Hypothetical negotiation constructs
- Patent licensing negotiations
- Royalty audits
- Securities class action lawsuits
- Class certification and damages
- Financial fraud investigations
Prior to joining Intensity, Mr. Blacker was a Partner in the Financial Advisor Services, Dispute Analysis and Investigations practice of PricewaterhouseCoopers; was a Vice President at Analysis Group; and was a Managing Director at B. Riley Advisory Services. In addition to Mr. Blacker’s litigation consulting experience, he has provided corporate recovery, business valuation, and tax compliance services.
Examples of Mr. Blacker’s work include the following projects:
| Patent Infringement Matter. Quantified and evaluated claimed damages in several patent infringement matters between two companies that manufacture and sell gel / cushioning liners used by amputees who wear prosthetic devices. Parties were both plaintiff in certain cases and the defendant in other cases. Quantified lost profit damages and reasonable royalty damages on behalf of the plaintiff. Evaluated claimed lost profit and reasonable royalty damages on behalf of the defendant. Utilized a hypothetical negotiation framework and guidance from the Georgia-Pacific factors in determining the reasonable royalties. Evaluated damages under various potential liability outcomes should the trier-of-fact have found that only certain patents were infringed.
| Trade Secret Matter (and other allegations). Calculated damages and evaluated counterclaimed damages and/or remedies in a trade secret matter involving software used in the manufacturing of components for human body implants (i.e., pacemakers and defibrillators). The dispute involved (a) breach of contract, (b) misappropriation of trade secrets, (c) unfair competition, (d) unjust enrichment, (e) copyright infringement, among other allegations. Generally, the disputes related to the alleged reproduction of certain software without permission and/or the disclosure of confidential and proprietary information. Calculated reasonable royalty damages as a result of the alleged disclosure of trade secrets. Evaluated claimed lost profit damages and/or the disgorgement of economic gains (profits and/or avoided costs).
| Breach of Contract Matter. Calculated damages that stemmed from Defendants’ collective efforts to conspire to circumvent, breach, interfere with and/or disregard an agreement granting exclusive rights to the plaintiff related to technology, know-how, and patents for soil stabilization and pavement lifting construction in the country of Mexico. Quantified lost profits associated with completed projects and lost projects. Also, quantified contractual damages under the agreement.
| Forensic Accounting Matter. Performed a forensic accounting analysis to address issues of damages, fraud, and piercing the corporate veil. Analyzed the funds of a company in the drilling industry to determine if funds were transferred between related entities. The analysis of funds included multiple entities and numerous bank accounts.
Mr. Blacker earned his Bachelor of Science in Accounting and Master in Accountancy from Brigham Young University. He is a Certified Public Accountant licensed in the state of Texas and is certified in financial forensics (CFF).