As a managing partner, what does inspiring leadership look like to you?
Inspiring leadership means setting an example for direction and growth while being optimistic in the pursuit of associated goals. It also means being a good listener, serving others and encouraging them to drive their teams toward positive achievements.
Earlier this year, you co-authored an article on the FTC’s new non-compete agreement rules. How is this development impacting the trade secret landscape in the United States, and what does a strong IP protection strategy look like in light of this?
I have also co-authored a follow-up article to update the IP community on this matter. The FTC’s new rule has been blocked by US courts so far and will continue to be for some time – especially in view of the Supreme Court’s recent case, which pares back what is known as the ‘Chevron deference’ for executive-branch agencies.
In general, my advice to companies is to continue to carefully identify trade secrets and treat this information as highly confidential. This includes using confidentiality agreements for individuals and third parties that have – or potentially will have – access to trade secrets. Courts will respect these types of procedures and strategies for decades to come. I also encourage companies to continue to invest in R&D and innovation, and use intellectual assets (eg, trade secrets, patents, copyrights, know-how, trademarks, brands, goodwill, trust and contracts) to build a competitive advantage across multiple economies and markets.
What are the biggest challenges surrounding licensing or negotiations within new markets, and how can one overcome these?
Emerging markets are always challenging as they relate to new opportunity sectors. It is important to analogise to the closest type of market and adapt your approach according to the similarities between them. Then, be flexible and creative when it comes to licensing business models and legal clauses in a way that manages risk for your client, whether it is a licensor or licensee. Strategically, looking for creative ways to extract value, helping the other party to be successful and hedging risk in new markets are key to developing pathways to success.
You are known for your work advising clients in the energy and technology sectors. How do you stay abreast of all the latest developments in such fast-moving industries?
I am an avid reader of news, articles, podcasts and trade journals. I also regularly attend and speak at various seminars, which often force me to prepare and research topics well. In addition, I have the privilege of working with an outstanding support team that helps to facilitate and support me in my efforts to stay abreast of the latest developments.
How has your experience as president and board member of the Licensing Executives Society (LES) shaped and contributed to your current approach to IP licensing strategy?
Experience in leadership roles always broadens horizons in numerous ways. It helps with connections, networking, vision and understanding of markets, understanding people and negotiating win-win outcomes for both parties. I highly encourage others to pursue leadership roles in LES and Certified License Professionals to build this type of experience; we need strong leaders across each of our generations.
Jeffrey Whittle
Partner
[email protected]
Jeffrey Whittle provides more than 30 years of legal experience to clients in the energy and high-tech industries. He advises on strategic and complex technology cross-border transactions, licensing, IP portfolio protection and analysis, M&A, joint ventures and other strategic contentious and transactional matters. Mr Whittle serves as head of Womble Bond Dickinson’s global energy and natural resources group, global board member of the firm and managing partner of its Houston office.