Patrick J. (Pat) Whalen

Patrick is Chairman of the Firm. He previously served on the Firm's Executive Committee, as Co-Chair of the Litigation and Dispute Resolution Group, and as the immediate past Chair of the Intellectual Property Committee of the American Bar Association's Business Law Section. 

He represents financial services and technology companies before courts, commissions, and agencies throughout the country. The Kansas City Business Magazine selected Patrick as the top choice for companies involved in Intellectual Property Litigation. Active in business and civic events throughout the region, Ingram's Magazine named Patrick one of the area's Top Business Leaders Under Forty. He is the only attorney in the region recognized by his peers as among the best in the world in Internet & e-Commerce Law, (Business Research Ltd, 2009).

Trial of Business Disputes

Patrick has first-chaired numerous trials to verdict. His extensive trial experience has ranged from securing seven-figure jury verdicts in federal court to defending patent claims before the International Trade Commission to defending securities brokerages in FINRA proceedings.

Patrick's work on Internet and other technology issues began over fifteen years ago and has included all aspects of his clients' IP portfolio.

Clients frequently leverage Patrick's significant trial experience by involving him in early-stage transactions to protect valuable intellectual capital.

Patrick regularly counsels clients on protocols to safeguard their most valuable intangible assets. He was a Charter Member of the National Intellectual Property Governance Task Force and has developed a range of practical approaches to guard against competitive intelligence efforts and employee misappropriation.

The trial of business disputes and background in venture capital provides Patrick with unique perspective when counseling clients on structuring their business dealings. He negotiates license, joint venture, outsourcing, and numerous other strategic and partnering arrangements, including offshore software development deals. Patrick has extensive experience negotiating, structuring, and counseling clients on employee nondisclosure and other confidentiality agreements. Patrick serves on several committees of the American Bar Association, including the Business Law Section where he is the Past Chair of the Intellectual Property Committee; former Chair of the Committee's Annual Programs; Intellectual Property Committee of the Litigation Section; Securities Arbitration SubCommittee; Cyberspace Committee; and numerous other local and regional Bar Association and Committees. Patrick regularly speaks to industry groups and practicing lawyers at conferences and seminars throughout the country.

Books

• Co-Author, Domestic and International Litigation Strategies (Aspatore, 2007)
• Co-Author, Advising Small Business (Thompson/West, 2012)
• Co-Author, Global Business Law (2008)
• Co-Author, Intellectual Property Deskbook for the Business Lawyer (ABA, 2013)

Articles

• "Compliance Challenges When Directing Social Media", Thinking Bigger Business Media, January 2012
• "Non-Disclosure Agreements", Inside Supply Management, August 2006
• "Covenants Not to Compete and Trade Secrets", Missouri Practice 2006 ed.
• "Uniform Trade Secret Act and the Inevitable Disclosure Doctrine"; Business Torts Handbook
• "Digital Signatures and the Next Wave of Electronic Commerce," Kansas City Small Business Monthly
• "Jury Decision Making as a Strategic Decision Making Process", Midwest Academy of Legal Studies in Business
  

Presentation & Speaking Engagements

• Cloud Computing, (ABA Annual Meeting, San Francisco)
• Reps and Warrantites in Cross-Border IP Transactions, (ABA Annual Meeting, Chicago)
• Advanced Licensing Agreements (Practicing Law Institute, Chicago)
• Monetizing Intellectual Property (ABA Annual Meeting, New York City)
• Copyright Disputes in Outsourcing Transactions ( ABA Annual Meeting, San Francisco)
• Keynote Speech, Gartner Compliance, Governance and Risk Management Summit (Chicago)
• Patent Infringement Warranties (ABA, Washington D.C.)
• Addressing Patent Infringement Risks in Your Transaction (Chair), (ABA Business Law Section Meetings, Washington, D.C.)
• Financial Institutions and Intellectual Property Risks (Missouri Banker's Association)
• Trade Secrets Protection Strategies (Lorman Education Services, Kansas City, Missouri); The Missouri Bar Annual Update
• E-Commerce Conference on Emerging Business and Legal Models (Conference Chair and speaker, Overland Park, Kansas)
• CyberCrime in Electronic Commerce (Miami, Florida)
• Emerging Internet Legal Developments (Kansas City, Missouri)
• The Evolving Legal Environment for Electronic Commerce (Deloitte & Touche Corporate Counsel Forum, Kansas City, Missouri)
• E-Commerce Strategies in the Automotive Parts Industry (Clemson University Annual Conference, Hilton Head, South Carolina)
• CyberSabotage (Miami, Florida Marcus Evans)
• Protecting Intellectual Property (The Missouri Bar Annual Meeting, Kansas City, Missouri)
• Discovery of Electronic Evidence (with Deloitte & Touche, St. Louis, Missouri and Overland Park, Kansas)
• Internet Law (National Business Institute)
• Electronic Discovery in Corporation Litigation (The Missouri Bar Annual Convention)
• Trade Secrets: Litigation and Transactions (Los Angeles, Law Seminars International)
• Outsourcing and The Protection of Your Company's Intellectual Property (Chairman & Speaker, American Bar Association, Chicago, Illinois)
• Sarbanes-Oxley and Intellectual Property (Chair, ABA Business Law Section Annual Meeting, Tampa)
• Preventing Corporate Espionage (National Association of Purchase Managers)