Mr. Meyer is a Partner with TM Financial Forensics LLC, a subsidiary of HKA. Mr. Meyer was formerly the President and Co-Founder of the predecessor firm and was also a Managing Director with Navigant Consulting (now Ankura) and the President and co-founder of Tucker Alan. He is a Certified Public Accountant, Certified Fraud Examiner, and Accredited in Business Valuation (CPA-ABV). A graduate of the University of Virginia, Mr. Meyer has held appointments for over 25 years at Stanford University, including Adjunct Professor and Consulting Professor, within the School of Civil and Environmental Engineering. Mr. Meyer is recognized as a leading practitioner in the valuation of proprietary properties, systems and platforms, including: enterprise software; application software; content delivery networks; mainframe data storage systems; cloud-based platforms; video gaming platforms; online commerce and auction platforms; industry leading audio codecs; video codecs; and air interface standard essential technologies including cellular, Wi-Fi and Bluetooth.
Mr. Meyer has over 35 years of experience consulting on financial, accounting, economic and damages matters, as well as significant expert testimony experience. He has testified in over 250 depositions and approximately 75 trials and major arbitrations in State Court, Federal Court, Federal Bankruptcy Court, Court of Federal Claims, International Trade Commission, the London Court of International Arbitration (“LCIA”) and the International Court of Arbitration of the International Chamber of Commerce (“ICC”).
Mr. Meyer has evaluated and quantified hundreds of economic damages claims, including breach of contract, fraud and competition matters. Mr. Meyer’s expertise, experience and testimony has spanned many industries and required extensive analyses of financial, economic and accounting data underlying many different commercial damages circumstances.
This experience includes the following as examples:
- Damages analyses related to alleged breach of contract of world-wide agreement to provide concert ticketing software system
- Damages analyses related to alleged unfair competition concerning the promotion of friendly international soccer matches staged in the United States
- Accounting analyses related to the cost of programming investment in the delivery of high definition satellite television content
- Damages analyses related to national e-commerce distribution of dental supplies
- Damages analyses related to warranty programs for international supplier of cellular devices
- Economic and damages analyses related to the acquisition and licensing of flash memory technology
- Damages analyses related to alleged breach of warranty related to contracts for semiconductor manufacturing equipment
- Accounting and profitability analyses related to gas stations and fuel supply under franchise agreement with international oil company
- Damages analyses related to alleged breach of joint development agreement for health and beauty product
- Accounting and profitability analyses related to the cost of supplying a generic drug
- Accounting analyses related to alleged SEC violations concerning software company financial disclosures
- Damages analyses related to alleged breach of joint development agreement for spinal implant technology
- Accounting and profitability analyses related to class action allegations of false advertising related to "free" CDs and DVDs
- Accounting and economic analyses related the operations “before” and “after” relocation of a pro-football franchise alleging unfair business practices against the NFL
- Damages analyses related to the value of unexercised stock options
- Damages analyses of share value in secondary market during post-IPO lock up period
- Damages analyses related to supply agreement breach of contract for athletic shoe cushioning technology
- Damages analyses related to alleged breach of distribution agreement involving chemical supply
- Accounting and economic analyses related to single entity issues involving a union and non-union contractor
- Damages analyses related to distribution of wine and spirits for major Napa Valley winery
- Damages analyses related to termination of wholesale oil distribution agreement
- Valuation of intellectual property contributed to software development for auto industry joint venture upon dissolution
- Damage analyses related to operations of professional hockey team related to ownership dispute
- Damages analyses related to licensing agreement for industry leading audio codec technology
- Analysis of profit and cost sharing under co-promotion of a billion-dollar pharmaceutical drug
- Damages analyses related to broker pre-sale of concert tickets for major music artists' worldwide tours
Mr. Meyer has provided expertise and analyses on intellectual property valuation and licensing matters in a wide range of industries. His extensive intellectual property experience includes analyzing financial and economic damages related to alleged infringement and misappropriation of patents, trademarks, copyrights and trade secrets. Mr. Meyer has consulted on many products across a variety of different industries, including computer hardware and software, integrated circuits, consumer goods, flash memory, pharmaceuticals, medical devices, cosmetics, plastic bottling, spinal implants, insulin pumps, telecommunications equipment, satellite television, display monitors, biotechnology, computer maintenance and servicing, cellular communications, aircraft, athletic footwear, and automotive diagnostic equipment, as examples. Mr. Meyer has extensive experience in determining royalties for technology subject to FRAND requirements in jurisdictions around the world. In Apple v. Qualcomm FRAND litigation, Meyer's disclosure of proposed testimony to the Court stated, "...whether the royalty rates and related fees paid by Apple/or and the CMs adhere to FRAND...issues surrounding FRAND licensing including Apple's, the CM's and Qualcomm's licensing practices, as well as the royalty that would apply to making, using, selling, offering for sale and/or importing products, encompassed by any valid, standard-essential, non-exhausted and infringed patent claims at issue in this lawsuit".
Mr. Meyer has been retained as an expert witness to address damages in many intellectual property disputes. As examples, Mr. Meyer provided expert testimony at trial on damages in what has been reported as two of the largest copyright infringement trials in history.
On behalf of the Defendant, MGA Entertainment, Mr. Meyer provided rebuttal testimony to a $1.8 billion damages claim made by Mattel in a copyright infringement matter involving “Bratz” fashion dolls. After a lengthy trial, the jury only awarded $10 million in copyright damages.
Mr. Meyer testified to Plaintiff Oracle's damages in a copyright infringement dispute against SAP involving enterprise software. The jury returned a verdict of $1.3 billion, which was reported by Bloomberg News as the largest jury verdict of 2010 and the largest copyright infringement verdict ever. The parties reached a settlement in 2014 with SAP paying $477 million in total compensation to Oracle.
Mr. Meyer is also experienced in disputes and investigations involving forensic analyses related to determining the propriety of accounting activity; asset disposition; asset valuation; and the sources and uses of funds flow. This experience includes the investigation of Ponzi schemes, fraudulent invoice schemes, and separate entity analyses. Mr. Meyer has significant experience in class action matters including the analysis of issues related to class certification, as well as damages. He has performed forensic and damage analyses in matters involving environmental remediation, asbestos and insurance coverage issues.
Mr. Meyer lectures on damages and other valuation issues to industry and academic audiences including, the American Lawyer Media Annual Corporate Counsel Conference; Licensing Executives Society; Practicing Law Institute; Law Seminars International; USC Intellectual Property Institute; Santa Clara University Law School; Stanford Law School and the Sedona Conference. Mr. Meyer has appeared in publications, such as the Wall Street Journal and Law360, and has been identified as one of the leading testifying experts on Intellectual Property in the annual Intellectual Asset Management Magazine (“IAM”) Top 1000 Patent Professionals Listing.
Mr. Meyer’s expert testimony includes:
- Oracle v. SAP, U.S. District Court for the Northern District of California (Copyright)
- Lontex v. Nike, U.S. District Court for the Eastern District of Pennsylvania (Trademark)
- MGA Entertainment v. Mattel, U.S. District Court for the Central District of California (Copyright)
- Qualcomm v. Apple, U.S. District Court for the Southern District of California (SEP-FRAND)
- Acorn Semi v. Samsung, U.S. District Court for the Eastern District of TX, Marshall (Patent)
- Storage Technologies v. Cisco Systems, U.S. District Court for the Northern District of California (Patent)
- Pixion, Inc. v. Placeware / Microsoft, U.S. District Court for the Northern District of California (Patent)
- Case and Hesston v. Ford New Holland, U.S. District Court for the Eastern District of Wisconsin (Patent)
- Core Wireless v. Apple, U.S. District Court for the Northern District of California (Patent)
- Amgen v. Sanofi, U.S. District Court for the District of Delaware (Patent)
- In the Matter of: Certain LTE and 3G Compliant Communications Device (Inventergy v. Apple), U.S. International Trade Commission (SEP-FRAND)
- Silicon Graphics v. nVidia, U.S. District Court for the District of Delaware (Patent)
- U.S. Airways v. Sabre Holdings, Sabre Travel, U.S. District Court for the Southern District of New York (Antitrust)
- Hoskin Hogan, et al. v. BP West Coast Products/ Arco, Superior Court of the State of California, County of Los Angeles (Breach of Contract)
- Waltrip v. Kimberlin, Superior Court of the State of California, County of Sacramento (Breach of Contract)
- U.A. Local 343, et al. v. Nor-Cal Plumbing, U.S. District Court for the Northern District of California (Fraud / Tracing)
- Irving H. Picard, Trustee for Liquidation of Bernard L. Madoff Investment Securities, LLC v. J. Ezra Merkin, Gabriel Capital, L.P., Ascot Partner L.P., U.S. State Bankruptcy Court, Southern District of New York (Fraud/ Tracing)
- Cook Construction v. Fireman’s Fund, U.S. Bankruptcy Court, Mississippi (Bankruptcy / Surety)
- Asbestos Insurance Coverage Cases: Fireman’s Fund Insurance v. Fibreboard Judicial Council Coordination Proceeding, Superior Court of the State of California (Insurance Coverage)
- Linear Technology v. Applied Materials, Superior Court of the State of California, County of Santa Clara (Breach of Contract)