People

As a partner in our Corporate, Finance and Investment Practice Group practice, Jill McWhirter identifies and solves cutting-edge intellectual property issues in complex commercial and technology-based transactions as well as in restructuring matters. Jill’s technical credentials help her in not only providing critical and practical strategic advice to global clients but also the ability to have a strong understanding of the technology at issue.

Jill counsels companies in a wide range of technology transactions to help them profitably develop, share and exploit their technical and IP assets. She provides clients with innovative IP strategies, as well as insights into the legal challenges they may face.

With a background in nuclear engineering, Jill has particular knowledge of the energy sector and its IP transactional challenges. Working with domestic and international energy sector clients, she advises on the types of IP transactional matters that may arise in daily operations, as well as on critical company-changing transactions and restructuring matters. Jill frequently assists on IP corporate matters related to construction projects and related licensing agreements, as well as counseling on related IP concerns.  Jill works across practice areas to provide critical support on joint ventures, strategic alliances and research and development collaborations. In addition, Jill handles numerous IP-related matters in the Middle East and in the petrochemical, oil and gas industries, partnering with clients to develop overall IP strategies.

Jill’s software licensing expertise is extensive.  She works with in-house counsel, procurement and IT departments on complex software licensing transactions. She has advised on and negotiated over 200 related agreements in the last five years ranging from software and data licensing (both in-bound and outbound), exploitation and distribution of software assets, framework and enterprise agreements, as well as cloud computing and software service agreements. With this experience, Jill is able to bring significant benchmarking opportunities so that companies understand the risks and the terms being negotiated across the industry.

Full Bio

Credentials

J.D., St. Mary's University, magna cum laude

B.S., University of Michigan

Alabama

District of Columbia

Texas

U.S. Court of Appeals for the Fifth Circuit

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Texas

U.S. District Court for the Western District of Texas

U.S. Patent and Trademark Office

Intern, Texas Supreme Court Justice Craig Enoch, Texas

Alabama State Bar Association

American Bar Association

American International Property Law Association

Houston Intellectual Property Law Association

International Trademark Association

Licensing Executives Society

State Bar of Texas

The District of Columbia Bar

Managing Intellectual Property Global IP Stars


2018

IAM Patent 1000 - The World's Leading Patent Professionals


2018

Patent 1000: The World's Leading Patent Professionals


Intellectual Asset Management, 2017

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Close

Recognition

Managing Intellectual Property Global IP Stars


2018

IAM Patent 1000 - The World's Leading Patent Professionals


2018

Patent 1000: The World's Leading Patent Professionals


Intellectual Asset Management, 2017

Matters

Assisted Natura Resources, LLC, in managing all intellectual property matters related to the research, construction and operation of the first university based molten salt research reactor with top universities in the nuclear engineering field to learn how to generate and harvest isotopes to help aid in cancer research and be used in new types of cancer therapy.

Representation of a private equity and credit investor in its licensing negotiations for process proprietary technology and software needed to design, construct and operate a new "grassroots" sulfuric acid alkylation plant at its commercial facility located in Pasadena, Texas.

Representation of a leading North American provider of midstream energy services in drafting and negotiating a multi-million dollar technology license, engineering and performance guarantee agreements for a new isobutylene plant to be built in Mont Belvieu, Texas.

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Matters

Assisted Natura Resources, LLC, in managing all intellectual property matters related to the research, construction and operation of the first university based molten salt research reactor with top universities in the nuclear engineering field to learn how to generate and harvest isotopes to help aid in cancer research and be used in new types of cancer therapy.

Representation of a private equity and credit investor in its licensing negotiations for process proprietary technology and software needed to design, construct and operate a new "grassroots" sulfuric acid alkylation plant at its commercial facility located in Pasadena, Texas.

Representation of a leading North American provider of midstream energy services in drafting and negotiating a multi-million dollar technology license, engineering and performance guarantee agreements for a new isobutylene plant to be built in Mont Belvieu, Texas.

Review and negotiate technology and software license agreements for world largest cooler manufacturer.

Review and negotiate software licensing agreements between major U.S. car manufacturer and third parties seeking to develop apps for the in-vehicle safety and security system.

Handled intellectual property issues related to Borden Dairy’s sale of substantially all of its assets to New Dairy OpCo, LLC – a joint venture between K&S client, KKR Credit Advisors (US) LLC and certain of its affiliates and managed funds (“KKR”) and Capitol Peak Partners after Borden and its subsidiaries and affiliates filed for Chapter 11 in the District of Delaware on January 5, 2020.

Assisted on intellectual property and licensing matters related to Gemstone Solutions Group, Inc. (formerly known as Gymboree Group, Inc., which was a leading children’s apparel manufacturer and retailer under the Gymboree, Janie & Jack and Crazy 8 brands prior to the sale of substantially all of its assets) and its affiliates on its Chapter 11 plan of reorganization on behalf of our client, affiliates of Goldman Sachs as the prepetition agent, prepetition lender, DIP agent and DIP lenders.

Review and negotiated software license agreements to be used for a top five drill bit manufacturer in its facilities to increase efficiency and minimize defects in final product.

Preparation of joint intellectual property ownership and license agreements in connection with the acquisition of a business unit of Unisys Corporation on behalf of Science Applications International Corporation (worth in excess of $1.2B).

Representation of Motiva Enterprises in its technology licensing transactions with to construct a high and medium density polyethylene plant in Texas.

Negotiation of a nine-figure deal to migrate legacy mainframe systems to the cloud, and preparation of an associated professional services and software development agreement with AWS on behalf of one of the world’s largest payment processors.

Represented one of the world's largest drill bit manufacturers in all aspects of IP transactional, licensing and litigation matters.

Negotiated framework terms and conditions, statements of work and service agreement on a $200 million agreement with a major enterprise application software supplier.

Negotiated a US$50 million cloud-based security network agreement for a large petrochemical company.

Drafted and negotiated over 200 software license agreements, enterprise agreements, software maintenance and support agreements over last three years involving third-party licensees for a start-up of a major international petrochemical manufacturing plant.

Matters

Assisted Natura Resources, LLC, in managing all intellectual property matters related to the research, construction and operation of the first university based molten salt research reactor with top universities in the nuclear engineering field to learn how to generate and harvest isotopes to help aid in cancer research and be used in new types of cancer therapy.

Representation of a private equity and credit investor in its licensing negotiations for process proprietary technology and software needed to design, construct and operate a new "grassroots" sulfuric acid alkylation plant at its commercial facility located in Pasadena, Texas.

Representation of a leading North American provider of midstream energy services in drafting and negotiating a multi-million dollar technology license, engineering and performance guarantee agreements for a new isobutylene plant to be built in Mont Belvieu, Texas.

See more
Icon close

Close

Matters

Assisted Natura Resources, LLC, in managing all intellectual property matters related to the research, construction and operation of the first university based molten salt research reactor with top universities in the nuclear engineering field to learn how to generate and harvest isotopes to help aid in cancer research and be used in new types of cancer therapy.

Representation of a private equity and credit investor in its licensing negotiations for process proprietary technology and software needed to design, construct and operate a new "grassroots" sulfuric acid alkylation plant at its commercial facility located in Pasadena, Texas.

Representation of a leading North American provider of midstream energy services in drafting and negotiating a multi-million dollar technology license, engineering and performance guarantee agreements for a new isobutylene plant to be built in Mont Belvieu, Texas.

Review and negotiate technology and software license agreements for world largest cooler manufacturer.

Review and negotiate software licensing agreements between major U.S. car manufacturer and third parties seeking to develop apps for the in-vehicle safety and security system.

Handled intellectual property issues related to Borden Dairy’s sale of substantially all of its assets to New Dairy OpCo, LLC – a joint venture between K&S client, KKR Credit Advisors (US) LLC and certain of its affiliates and managed funds (“KKR”) and Capitol Peak Partners after Borden and its subsidiaries and affiliates filed for Chapter 11 in the District of Delaware on January 5, 2020.

Assisted on intellectual property and licensing matters related to Gemstone Solutions Group, Inc. (formerly known as Gymboree Group, Inc., which was a leading children’s apparel manufacturer and retailer under the Gymboree, Janie & Jack and Crazy 8 brands prior to the sale of substantially all of its assets) and its affiliates on its Chapter 11 plan of reorganization on behalf of our client, affiliates of Goldman Sachs as the prepetition agent, prepetition lender, DIP agent and DIP lenders.

Review and negotiated software license agreements to be used for a top five drill bit manufacturer in its facilities to increase efficiency and minimize defects in final product.

Preparation of joint intellectual property ownership and license agreements in connection with the acquisition of a business unit of Unisys Corporation on behalf of Science Applications International Corporation (worth in excess of $1.2B).

Representation of Motiva Enterprises in its technology licensing transactions with to construct a high and medium density polyethylene plant in Texas.

Negotiation of a nine-figure deal to migrate legacy mainframe systems to the cloud, and preparation of an associated professional services and software development agreement with AWS on behalf of one of the world’s largest payment processors.

Represented one of the world's largest drill bit manufacturers in all aspects of IP transactional, licensing and litigation matters.

Negotiated framework terms and conditions, statements of work and service agreement on a $200 million agreement with a major enterprise application software supplier.

Negotiated a US$50 million cloud-based security network agreement for a large petrochemical company.

Drafted and negotiated over 200 software license agreements, enterprise agreements, software maintenance and support agreements over last three years involving third-party licensees for a start-up of a major international petrochemical manufacturing plant.

Credentials

J.D., St. Mary's University, magna cum laude

B.S., University of Michigan

Alabama

District of Columbia

Texas

U.S. Court of Appeals for the Fifth Circuit

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Texas

U.S. District Court for the Western District of Texas

U.S. Patent and Trademark Office

Intern, Texas Supreme Court Justice Craig Enoch, Texas

Alabama State Bar Association

American Bar Association

American International Property Law Association

Houston Intellectual Property Law Association

International Trademark Association

Licensing Executives Society

State Bar of Texas

The District of Columbia Bar

Managing Intellectual Property Global IP Stars


2018

IAM Patent 1000 - The World's Leading Patent Professionals


2018

Patent 1000: The World's Leading Patent Professionals


Intellectual Asset Management, 2017

Icon close

Close

Recognition

Managing Intellectual Property Global IP Stars


2018

IAM Patent 1000 - The World's Leading Patent Professionals


2018

Patent 1000: The World's Leading Patent Professionals


Intellectual Asset Management, 2017