Michael D. Moberly…I am an intangible asset strategist, risk specialist, trainer, author, and researcher. I am among a niche of national practitioners whose (client) services, blog, publications, and research are produced, almost exclusively, through an intangible asset lens.
Clients whom I serve…seminar attendees to whom I speak, colleagues whom I collaborate, and practitioners I have lead describe me, my work, and engagement demeanor as respectful, ethical, collaborative, and focused which manifest as strong professional commitments to guide clients, companies, and businesses to…
• – identify, unravel, develop, assess, and exploit intangible assets’ value, competitive advantages, and sources of revenue.
• identify and mitigate risks to and safeguard key intangible assets in play for business transactions, R&D, new product entry, and other initiatives undertaken to compete in today’s always on…go fast, go hard, go global operating environments.
• sustain control, use, ownership, and monitor value and materiality of intangible assets, throughout each assets’ life-value-materiality-functionality cycle.
I Lead A ‘Learning Consultancy’ That Embody The Principles Of…
• being continuously engaged in and applying relevant self-learning to advance the quality, expertise, and range of (client) deliverables, and integrating same to benefit (fix) each circumstance clients may present.
• serving as a learned and convergent venue to articulate and elevate clients’ operational familiarity with their IA’s as legitimate foundations to assess-measure IA performance, materiality, and risk.
• demonstrating how intangible asset development, conversion, risk mitigation, and exploitation can mesh with (compliment, advance) each client’s capabilities for generating new sources of revenue and competitive advantage, elevating value and reputation, contributing to sustainability and resilience.
• making reasonable efforts to ensure the relevant issues have been brought to each client’s attention with sufficient clarity for clients to make informed decisions.
I Receive Professional Satisfaction From…working with intangible asset intensive – dependent go fast, go hard, go global, go black businesses and their management teams, irrespective of sector, size, or revenue. Satisfaction emerges largely from the receptivity and speed which entrepreneurially focused management teams, boards, c-suites, investors, and shareholder’s attention is drawn to fiduciary responsibilities to the intangible asset-side of their business.
Seven Personal Practices That Contribute To Effective – Favorable Client Engagements and Outcomes…
1.remaining inquisitively current as exhibited in 800+ blog posts, plus papers and books I have written on a range of intangible asset matters
2.20+ year commitment to all things intangible. grounded in
3.recognize the various ways clients intangible assets are in play in business operations, processes, transactions, and R&D.
4.articulate intangible asset issues in an informative, learned, respectful, and collaborative manner.
5. bring operational clarity about how, when, and under what circumstances intangible assets develop, mature, and ultimately embed in business processes and products as intellectual, structural, and relationship capital.
6. demonstrate practical, viable, lucrative, and client specific strategies for converting the contributory role and value of intangible assets to sources of revenue, value, competitive advantage, reputation, and brand.
7. unravel the origins and assess the status of intangible assets, i.e., control, use, ownership, stability, fragility, materiality, competitive advantages, and ‘contributory value’.
Attached to this site are numerous excerpts of recorded (video) interviews extracted from media appearances and journalistic initiatives.
Research Projects Independently Undertaken (examples)…
1. State-corporate sponsored economic espionage – competitive business intelligence operations directed toward corporate – university research collaborations.
2. Public Radio large market stations with resources for internal news reporting and programming to recognize, assess, and exploit their contributory IA’s in value, competitive, market-audience expansion, and fund-raising contexts.
3. Insider Theft Project coordinator, conducted in conjunction with DoD’s Personnel Security Research Center, Monterrey, CA and ASIS International’s Information Asset Protection Council which I chaired.
4. Uniform Franchise Operating Contracts, to compare-contrast content regarding distinctions and practices related to (designated) proprietary information and trade secrets.
5. Competitive-business intelligence operation methodologies and speed of interaction with designated (early stage company – RBSU) target.
6. Pre-post (transaction) due diligence…develop methodologies for determining-measuring-monitoring IA’s contributory value.
7. Islamic (Sharia) law interpretations – application of western forms of intellectual property, i.e., hold, develop, buy, sell, etc.
8. ‘Stolen Valor’ (false claims of military awards) and ‘It’s Time We Ask’ project.
9. Pre-post (business) transaction due diligence.
10. Organizational resilience and risk tolerance to companies IA’s.
11. Technology transfers’ IA’s (university-based research).
12. Venture capital – investor forums; preparing RBSU’s for Q&A.
13. Corporate-university research liaison, sustaining-monitoring streams of IA’s.
I Served As A Principle Research Investigator…to the national ‘Trends In Proprietary Information Loss’ Survey for U.S. headquartered companies and organizations. I and three colleagues designed and wrote areas of inquiry for this survey sponsored by the American Society for Industrial Security International Foundation and the Office of the National Counterintelligence Executive (U.S. intelligence community). The Survey’s primary findings and implications…
• provided substantive insight for strategic responses to the globally asymmetric risks to proprietary IA’s (and IP) relative to current and horizontal risks, threats, methods.
• were incorporated into ONCIX’ ‘Annual Report to the President on Economic Espionage’ and routinely sited – referenced by the executive and legislative branches respectively, national media, and leadership of U.S. headquartered companies.
Client Briefing Papers…I have independently researched and written on a range of intangible asset issues-topics, some of which have been produced at the behest of clients as-a-means to bring (operational level) clarity, context, and insight to a specific issue, risk, transaction, or intangible asset-related challenge being experienced, e.g.,
1.Enterprise Risk Management
- Building a ‘Corporate Culture’ For Safeguarding Intangible Asset
- Stewardship, Oversight, and Management of Lucrative, Proprietary, Competitive Advantages IA’s: What Decision Makers Are Obliged To Know, Now.
- Planning For Company’s IA’s: An Often Overlooked Necessity (Retrieving IA’s Following Catastrophic Business Events To Achieve A Speedy and More Complete Economic Recovery
- Assessing Intangible Asset Attractivity, Demand, and Targeting From Sophisticated Global Business Intelligence Operations, Infringers, Counterfeiters, and Country Specific Entities Engaged In Economic Espionage
- Insiders: Factors That Contribute To Theft-Infringement of Proprietary IA’s and IP
- Unraveling and Assessing Intangible Asset Safeguards for R&D Projects
- Reduce Vulnerability-Probability To Time Consuming and Costly Disputes, Challenges, and Entanglements
- Proactively Identifying Stability, Fragility, Defensibility, and Value Dilution of Intangible Assets
- International R&D Collaborations: Challenges, Considerations, and Prudence
- Ways to Avoid Proprietary Intangible Asset ‘Genies’ Escaping Their R&D Bottle Prematurely
4.Market Entry Planning, Monitoring, and Due Diligence for IA’s
- Safeguarding Intangible Assets and Their Proprietary Competitive Advantages To Beat The Odds Against Theft, Infringement, and Compromise
- Mitigate Vulnerability, Probability and Criticality of IA’s To Gray Market Activities
- Knowing Nuances, Requirements, and Risks to Country Centric IP Law Before Collaboration Commences or Transactions Are Executed
5. Intangible Asset Pre-Post Transaction Due Diligence
- When 80% Of A Investment’s Value Lie In IA’s, Conventional, Generic, One Size Fits All – Snap-Shot-In-Time Checklists Seldom Convey Transaction Realities and Risks
- Impairments, Entanglements, Compromises, and Fragility of Valuable IA’s Being Targeted Are Frequently Precursors to Potentially Profitable Transactions Going Bad
- Prudent Covenants to Mergers-Acquisitions: Monitoring The Status, Stability, Fragility, Value, and Sustainability Of Targeted IA’s (pre-post transaction)
- Indicators – Precursors That IA’s Have Become Impaired, Ensnared, Infringed, or Compromised
Protocols for Contesting and/or Countering Claims of Trade Secret Misappropriation and Value
Conventional IP Are No Longer Stand-Alone Deterrents
- Categories and Origins of Foreign-Domestic Business-Competitive Intelligence and Economic Espionage
6. Investing in R&D, Early Stage, Research-Based
- What’s Your IP Position’? Going Beyond The Obligatory, To Mitigate Investor Risk
- VC-Investor Exit Strategies Should Include Resilience Plans For Both The IA’s and Proprietary Competitive Advantages In Play
- Preparing Early Stage Firms To Pitch Prospective Investors and VC’s
- University – Corporate Research Partnerships: Negotiated, Responsive, and Ensuring IA Safeguards Beyond Conventional IP Enforcements
- Academic Freedom and Open Scientific Communication: Re-Framing Time Honored Hallmarks To Mitigate
- Global Challenges Posed By Data Mining and Sophisticated Competitor/Business Intelligence Collection and Economic Espionage. (Advancing This Debate Beyond Its 16th Century Origins)
- Interest-Based Bargaining: A Realistic Tool – Methodology For Universities and Researchers To Engage Opportunities For Technology Transfer
- Avoid Treating Intangible Asset’s As Renewable Resources
Published Papers (examples)…
1. Safeguarding Proprietary Information: The Worldwide Competitor and Economic Intelligence Phenomenon (Published in Cyber Strategies: Vol. 2, No.2, Summer, 2000)
2. IP Due Diligence for Venture Capital and Angel Investors: Don’t Buy Unnecessary Risk! (Triangle Tech Journal, January 2005)
3. Off-Shoring Intellectual Capital: Is History Repeating Itself? Are There Lessons Learned From Y2k? (Memphis Business Journal, February 2004).
4. It’s The Information Stupid! (Protection of Assets, August – September 2001).
5. Moberly, M. D., & Cheon, J. (2009). Use intangible assets to weather the financial crisis. Intellectual Asset Management Magazine, 33. 14-18.
6. Moberly, M. D., & Cheon, J. (2011). Enterprise Security. Intellectual Asset Management Magazine, 45, 66-72.
7. Moberly, Michael D. (2013) Intangible Assets: Safeguarding What Really Matters to Companies. Intellectual Asset Management (UK)
8. Moberly, Michael D. (2010) Enterprise Security. Intellectual Asset Management (UK)
• ‘Safeguarding Intangible Assets’ Elsevier, July 2014.
o This book which represents the initial treatise on businesses’ expanding fiduciary responsibilities to ‘sustain control, use, ownership, and monitor the contributory value, materiality, and risk’ to their intangible assets.
• ‘On-Boarding for University Technology Transfer’ (a principal contributor) published in series by BVR (Business Valuation Resources) Portland, OR
o I lead – collaborated with a team of experts in researching and writing a comprehensive paper that serves as an ‘on-boarding’ primer (book) targeting university-based research communities engaged in technology transfer.
• I am currently in latter stage of completing a new book which focuses on business-company-institution operational obligations and demonstrated strategies to identify, develop, monetize, commercialize, and safeguard their IA’s for positive returns and competitive advantages and their conversion to value, competitive advantage, sources of revenue.
I Have Conducted 70+ Presentations, Seminars, Webinars, Advisories, Briefings, and Media Appearances…nationally – internationally for companies, professional associations, government agencies, and private (business-security) groups wherein my discreet demeanor and counsel has provided entrée for developing diverse professional ties and acquiring operational level insights to circumstances in which knowledge, practical experience, ethics, trust, and respect are requisite attributes. Examples include…
1. National Public Radio – Morning Marketplace Program – Recommended to show producer by colleagues to discuss ‘rise of trade secret theft in the U.S.’
2. European Information Asset Protection Conference – London, UK – Invited keynote speaker. Topic: Safeguarding Proprietary Corporate Information
3. CNBC Investing – MSN Money. Recommended to show producer by colleagues to engage in live interview regarding a trade secret theft case.
4. CNN’s evening news program. Topic: Economic espionage.
5. Society of Certified Public Accountants, Memphis, TN – Topic: Invited to speak Valuing Intangible Assets
6. Shanghai, China – Entering New Markets and Safeguarding Proprietary IA’s. (U.S., U.K., and Chinese owned firms. (This occurred in a series of independent meetings-presentations with managing directors of relevant firms.)
7. Naval Post Graduate School, National Security Affairs Department, Monterey, CA Topic: Invited to discuss my research regarding economic espionage product-company targeting by adversaries with department chair.
8. Oxford University – Invited podcast speaker to EU Intangible Asset Organization. Topic: Safeguarding Intangible Assets.
9. Foreign Military Studies Office, Ft. Leavenworth, KS – Topic: Economic espionage.
10. National Academy of Sciences, Government-University-Industry Research Roundtable (Washington, D.C.) Topic: Invited to speak about safeguards in university-corporate research alliances.
11. Federal Bureau of Investigation, headquarters, Washington. D.C., Invited by SAIC National Security Division, to discuss my independent research wherein I categorized foreign adversaries targeting university research.
12. George Washington University Graduate School, Washington, DC (three-time invited classroom guest lecturer for ‘Economic Espionage’ course.
13. National Classification Management Society, Huntsville, AL – Topic: Invited to make presentation regarding foreign adversaries targeting government – private sector R&D.
14. HQ’s, Army Research Laboratory, Adelphi, MD – Topic: Invited to speak to ARL officials regarding research on categorizing foreign (economic espionage) adversaries.
15. Center for the Study of American Business (Washington University at St. Louis) Topic: Effective use of corporate security (meetings with faculty – former CEO’s.)
16. University of Illinois-Chicago, Office of International Criminal Justice. Invited to speak, by program chair to a multi-nation audience of government – private sector security officials. Topic: Realities of Operationalizing Business IP Safeguards
17. Chicago Bar Association, Intellectual Property Section, Topic: Invited by Section Chair to conduct first ever presentation about Safeguarding IA’s to SRO audience.
18. American Society of Quality, Memphis, TN – Topic: Invited by Chapter Chair to make presentation about ‘Identifying, distinguishing, and assessing contributory value of IA’s to company operations’.
19. OPSEC Professionals Society Annual Seminar – two-time invited speaker (one a keynote) by OPSEC Executive Director to speak about converting principles of ‘operations security’ for application to private sector entities to safeguard their proprietary IA’s’. Clearwater, FL and Colorado Springs, CO (Peterson, AFB) where my presentation immediately followed remarks by the incoming Chairman, Joint Chiefs of Staff.
20. FBI InfraGard – Nashville, TN and Memphis, TN Chapters – Invited to speak about current research on safeguarding private sector IA’s and foreign adversaries
21. Academy of Criminal Justice Sciences, Orlando, FL Invited to speak to academic audience regarding my on-going independent research finding regarding Safeguarding University Research and mitigating risks of pre-mature disclosure, compromise, and/or theft.
22. U.S. Department of State, Director and Deputy Director, Overseas Security Advisory Council. Washington. DC: Invited to discuss my research on ‘Distinguishing and Assessing Economic Espionage Adversaries Preying on the Private Sector’.
23. Deloitte & Touche, Managing Director, IP Management Group, Chicago, IL – Invited by Managing Director (and his team) to discuss my research on economic espionage affects to U.S. private sector.
- In addition to the above, Mr. Moberly has been invited to make numerous other presentations to agriculture, chemical engineering, accounting, business, and economic faculty researchers, scientists, and research administrators at multiple universities, and private ‘think tanks’.
- Also, I have been invited to engage in – conduct numerous one-on-one briefings-discussions with various echelons of corporations and federal agencies regarding my independently conducted research, its findings-revelations and relevance to private and public sectors.
Service – Contributions To Professional Associations…respectfully, my colleagues frequently describe me as a ‘thought leader’ insofar as, among other things, developing professional (trust) relationships with national and international firms, their executives, and security practitioners internationally, which in several instances lead to being nominated to hold-serve various appointments to professional association (volunteer) leadership.
Intangible Asset Finance Society
• Chair, Program Development and Global Outreach – my responsibilities included elevating global awareness for Society initiatives.
• Secured global subject matter experts to headline monthly 60 minute telephonic – interactive seminars with Society membership which I produced and moderated.
• These monthly seminars contributed to the Society’s website going from 100+ monthly visitors to consistently 100k+ unique monthly visitors which translated as measurable global awareness, interest, and participation in Society initiatives.
American Society for Industrial Security International
• Chair, Information Asset Protection Council
• Convergence Task Force – Advisor-Member (invited)
• Security Education Symposia (Invited participant and group facilitator for six consecutive years.)
• Chair, Academic Programs Council
• Seminar program co-chair, ‘Y2k Security Seminar’ (Washington, DC)
• Information Security Task Force (Body of Knowledge) invited member. ASIS International
• Seminar (2-day) program chair – ‘Information Asset Protection’ (Denver, CO)
• Voted by colleagues and superiors as ASIS Internationals’ Council Chairperson of the year for 2013.
• My submission proposals were selected 7+ times for ASIS-International’s Annual Seminar & Exhibits (world’s largest security products-education venue)
Chair of ASIS Internationals’ Information Asset Protection Council
During my tenure as Council Chair, I and colleagues lead a successful effort to re-focus our collective expertise and re-articulated our global educational mission to…
- institute monthly (60 minute) ‘global guest and subject matter expert conference call training’ for Council members and 150+ ‘friends/colleagues of the Council’
- reflect the materialization of risks-threats not solely as severe IT breaches, rather as systemic events with probable adverse effects to organization’s portfolio of IA’s.
- reflect the economic fact that 80+% of most company’s value, sources of revenue, and wealth creation lie in IA’s which include intellectual properties
- re-frame the conventional (scope limiting) terminology conveyed by information security to the broader and more relevant information asset protection identifier.
- recognize the value of information (intangible) assets can fluctuate, therefore flexible-maneuverable safeguards should be applied to monitor and sustain control, use, value, and ownership of IA’s throughout their economic, contributory, and functionality-materiality cycles, not necessarily for the lifetime of the company, as is the case with some IP registrations.
- re-frame application of (information asset) safeguards away from conventional IP legal enforcements, i.e., patents, etc., to strategic business decisions and fiduciary responsibilities.
- address market entry planning with organization’s proprietary intangible assets as distinguishable transactions that warrant risk assessment and pre-post due diligence.
Other Professional Experiences Include…service in the U.S. Army (Vietnam era), federal and state corrections, and culminating in a 20+ year career in academia, primarily at Southern Illinois University from which I acquired domestic and international credentials and experiences, a strong work-research regimen, business engagement prowess, and communication skills. I hold BA and MPA degrees from Indiana University along with hours toward a doctoral degree in political science earned from Southern Illinois University.
Throughout My Tenure In Academia…I was engaged in aggressive paths of research, publishing, teaching, conducting national presentations, and consulting, variously related to the field of ‘security studies’ with special focus on corporate and university R&D, economic espionage, and identifying, safeguarding, monitoring, and leveraging value, revenue, and competitive advantages produced by intangible assets.