Table of Contents
2. KPSTRAT’s Mission Statement and strategy…
3. The intangible asset side of business…80+% of most company’s value, sources of revenue, sustainability, competitiveness, and growth potential lie in – emerge directly from intangible assets.
4. Client operating principles…listen, learn, observe, assess, recommend, and lead respectfully.
5. Client expectations for KPSTRAT…respectful collaboration, counsel, training, and risk mitigation.
6. Mr. Moberly is often described as a ‘fixer’…
7. Outcomes for clients…viable, respectful, strategic, competitive, lucrative, sustainable, resilient, and mitigate risks.
8. License Mr. Moberly’s blog, book, and papers…as entrée to attract and engage prospective clients and re- engage existing clients, advance relationships, and deliver additional services.
9. Operational familiarity training modules for intangible assets
10. Training module examples and summaries…
11. Representative examples and summaries of client engagements…
12. Should you hire KPSTRAT?
13. Client engagement examples…
Services To Intangible Asset Intensive – Dependent Clients – Companies
Every aspect of operational familiarity (training) described herein, relative to client engagements, are designed and delivered in practical, graduate – managerial level contexts and formats befitting client needs, preferences, and circumstances.
KPSTRAT (Mr. Moberly) is routinely characterized by colleagues, clients, readers of his blog, and seminar-keynote attendees as an early thought and practice leader insofar as differentiating, safeguarding, and utilizing business intangible assets. These characterizations are supported by consistent engagement in practical (business) research, publishing, speaking, and progressively challenging client engagements to accommodate growing needs-demands for effective and strategic leadership to the ‘business side’ of intangible assets.
Mr. Moberly has enjoyed a productive 25+ year career in academia, i.e., teaching, research, publishing, national and international presentations and keynotes, and service, focused primarily on ‘security studies’ for both tangible (physical) assets, and intangible (non-physical) assets.
Mr. Moberly has amassed 20+ years of progressively challenging inroads in the (global) intangible asset arena as a strategist, risk specialist, researcher, author, trainer, and educator. Evidence of this is conveyed through client engagement examples, briefing papers, and published papers, books, video, and 800+ (long form) posts at my ‘Business IP and Intangible Asset Blog’ reaching readers in 137+ countries with 1,468,000 site visitors. (Google Analytics)
2. KPSTRAT’s Strategy and Mission Statement
Is entrepreneurially focused, a learning and education consultancy, accountable to clients and their companies which are intangible asset intensive and/or dependent.
KPSTRAT is committed to effectively delivering a range of exclusive and unique services to clients, each developed-embedded with principled foundations from which clients realize elevated and sustainable (business) value, sources of revenue, competitive advantage, and greater (organizational) resilience to risks known to adversely affect the intangible asset side of their business.
The right firm, right time, right circumstance, right collaboration, right outcomes!
3. The intangible asset side of business…
Respectfully, a prelude to understanding KPSTRAT’s services begins with a brief description of what led – influenced Mr. Moberly to devote a significant percentage of his professional career to intangible assets.
Mr. Moberly founded KPSTRAT, a business intangible asset consultancy and the ‘Business IP and Intangible Asset Blog’ in May 2006. Both were implemented concurrently to stimulate external interest in, encourage acquisition of, and build operational level familiarity with intangible assets which most businesses already possessed, but relatively few were acknowledging and exploiting their IA’s effectively, lucratively, competitively, or safely.
Too, KPSTRAT and ‘the Business Intangible Asset Blog’ were executed in concert with…
the globally universal economic fact that 80+% of most company’s value, sources of revenue, competitiveness, sustainability, and growth potential today, and for the foreseeable future, evolve directly from intangible assets, irrespective of company size, location, standing, revenues, maturity, or sector.
There is a growing necessity (need) for…
• consistent and effective stewardship, oversight, and management of IA’s.
• elevating business resilience by mitigating risks and safeguarding IA’s.
• exploiting IA’s and the competitive advantages developed-produced.
Effective management of intangible assets begins by recognizing how…
• to identify, distinguish, unravel, assess, and develop, deploy, and maneuver relevant safeguards when-where needed.
• when, why, and under what circumstances and/or transactions IA’s are in play.
• to monitor IA’s contributory role, value, materiality, and risk.
• to sustain control, use, and ownership of key-strategic intangible assets.
• and, why managing – utilizing – exploiting intangible assets are strategic business decisions and fiduciary responsibilities, not solely legal or accounting processes.
4. KPSTRAT’s operating principles for – with clients…
Mr. Moberly’s business consultancy is founded on six (client – company centric) principles, i.e.,
- Lead respectfully and decisively
These six principles serve as the primary framework for how KPSTRAT initiates-commences each client – speaking – seminar – training engagement, and his blogs’ international readership. Too, these principles reflect practical (near term) interests, and contribute to achieving favorable client – company outcomes.
Purposefully, Mr. Moberly listens intently to clients, i.e., boards c-suites, management teams, stakeholders, and investors as their operational level perspectives and insights often translate to revelatory starting points for…
• establishing respectful and productive collaborations, irrespective of sector.
• unraveling, developing, and implementing sound, competitive, ‘best practice’ strategies for putting companies’ intangible assets to work lucratively, competitively, strategically, and sustainably.
• prescribing client-company centric strategies to achieve lucrative – competitive outcomes in concert with (client) needs, preferences, and objectives.
5. What clients can expect…
Mr. Moberly respectfully articulates strategies – processes for business leadership and management teams to effectively engage the intangible asset intensive – dependent aspects to their business, i.e.,
- when, where, how, and why IA’s are developed internally or acquired externally,
- unraveling, assessing, and positioning IA’s to be utilized and exploited to deliver value, competitive advantage, sources of revenue, sustainability, (business) resilience and reputation.
- design services to be as portable, transferable, maneuverable, and scalable as circumstances warrant.
- demonstrate how the development and exploitation of companies’ intangible assets can be effectively merged with revenue generation, value creation, competitiveness, risk mitigation, resilience, and strategic planning.
• Client engagements routinely commence with respectful conversations about IA’s, i.e., what they are, what they’re not, their development, contributory role and value, importance to safeguard, mitigating risk, and their relevance – application to an array of business initiatives and transactions.
• Ensure clarity regarding a client’s IA-related circumstances. As an intangible asset strategist, risk specialist, trainer, researcher, author, and speaker, win-win engagement outcomes emerge when there is a consistent and collaborative mix of ‘listening, learning, observing, and leading’ wherein the execution and performance of what is done for, and on behalf of, clients and their companies, by recognizing the necessity and responsibility to…
• identify and unravel the origins, ownership, stability, fragility, vulnerability, sustainability, and value of key IA’s, especially those in play.
• surface unrecognized and under-utilized IA’s embedded in routine and specific processes and procedures.
• elevate companies’ awareness, alertness, and accountability, ala IA intelligent company culture, to reflect (fiduciary) responsibilities and ‘best practices’ to monitor, safeguard, and mitigate risk to IA value and competitiveness, while respecting standards for reporting, accounting, and auditing intangibles.
• ensure essential (revenue producing, competitive, and value bearing) IA’s are aligned as effectively as possible with clients’ mission and strategic planning as preludes to maximizing and extracting as much value and competitive advantage as possible.
• conduct pre-post (transaction) IA due diligence, leverage (circumstance specific) risks and vulnerabilities when negotiating transaction terms and exit strategies.
6. Mr. Moberly is often described as a ‘fixer’…
For each engagement, a consistent purpose is to assess, develop, exploit, and safeguard client’s intangible assets, often irrespective of the stage of a project or transaction in which their IA’s are in play. The goal is to produce sources of revenue, value, competitive advantages, and business operation sustainability for each client.
Not infrequently, client engagements originate with a ‘sense of urgency’. The urgency is often rooted in revelations that a clients’ intangible assets are unduly at risk, e.g., competitiveness, sustainability, value, and/or sources of revenues are being undermined or eroded. This is often due to ineffective and/or an absence of safeguards to stop or mitigate acts of infringement and/or misappropriation, and operational familiarity with fiduciary responsibilities (ala Stone v Ritter).
In these instances, Mr. Moberly identifies – distinguishes the intangible assets in play, and commences unraveling – identifying their origins, development, and assessing their (a.) status, fragility, stability, and sustainability and (b.)contributory role and value to a client’s company as-a-whole, or to a specific project or program.
As matter of practice, Mr. Moberly does not apply a one-size-fits-all template or conduct snap-shot-in-time assessments, instead, he relies on six principles for each engagement, i.e., listen, learn, observe, assess, recommend, and lead throughout which I pose respectful and relevant questions and establish a collaborative environment upon which to base strategically sound rationales, i.e., lucrative, competitive, sustainable, and incorporate risk mitigation.
7. Outcomes for clients: lucrative, competitive, and sustainable…
• A primary intent of KPSTRAT’s services is for clients – businesses to utilize and leverage their intangible assets, primarily, intellectual, structural, and relationship capital, in the most lucrative and competitive manner possible, specific to their company, their market, their products, and/or their services.
• Underlying sustainable, lucrative, and competitive client outcomes (to an engagement) is achieving sufficient operational level familiarity with a company’s intangible assets to support the projected – desired returns indeterminately.
• Achieving operational level familiarity with intangible assets can occur in convenient and expedient combinations of on-site and/or online venues, i.e., seminars, advisories, and consultations, etc. Irrespective of how Mr. Moberly’s services are delivered, clients achieving operational level familiarity with their companies’ intangible assets is paramount.
• To consistently achieve sustainable client-engagement outcomes, the assessments, strategies, and recommendations Mr. Moberly articulates to clients about the operation of their companies will include revenue, value, competitive advantage, sustainability, risk identification-mitigation, and safeguard components, among others.
8. Licensing – leveraging ‘blog’ posts as entrée to engage prospective clients and re-engage existing clients…
Since its inception in mid-2006, I have researched, written, and published 780+ long form posts to my ‘Business IP and Intangible Asset Blog’. To date, my blog variously enjoys readership in 137+ countries, along with 1,460,000+ visitors. (Google Analytics)
Service firms, e.g., law, accounting, management, strategic and financial planning, etc., can repeatedly sift through, in conjunction with a special licensing fee arrangement, client-issue relevant sets of my blog posts and apply (leverage) same to compliment a client engagement. My explanatory and operationally focused blog posts bring (business, competitive, value, and revenue) understanding and clarity to both strategies and complexities which are routinely in play.
I am informed by readers of my blog, clients, and professional service firms alike, how particular-sets of my blog posts and/or briefing papers are being utilized-leveraged to advance an objective, initiative, project, or facilitate the pursuit of a transaction by bringing operational clarity and strategy to ameliorate intangible asset related challenges which are now routine fixtures.
Too, posts to the ‘Business IP and Intangible Asset Blog’ (pragmatically applied in conjunction with my book, briefing papers, presentation synopsis, etc.) can draw clients’ attention to the business necessity to achieve operational level familiarity with intangible assets.
One, of several objectives I established for writing – publishing blog posts is to use an informative and respectful writing style to encourage readers, ala business leadership and management teams to recognize the importance of seeking-achieving operational level familiarity with their intangible assets. But, less in the nuances of snap-shot-in-time assumptions and more in thoughtfully considering – exploring viable paths for leveraging-applying blog post content to advance their company-business in ways that are measurably more lucrative and competitive.
Unanticipated, but much appreciated-enjoyed outcomes of the care taken in personally writing each blog post, the range of issues-topics addressed, and its global readership, are requests I receive from national and international entities who seek collaboration – permission to reference and/or re-post (publish) blog content (whole, or in part) in company newsletters, communiques, magazine articles, and other prominent (frequently, international law firm) blogs.
For additional information about how you and/or your professional services firm can secure license to utilize (leverage) my blog posts, briefing papers, and other sources I have created, it would be my pleasure to receive your inquiry.
9. Intangible asset operational familiarity training…
Respectfully, many business-company management teams may, for a variety of reasons, overlook, dismiss, not apply, negotiate, or exploit their intangible assets. When this occurs, aside from chance, IA’s will likely deliver little, if any, distinguishable-measurable value, sources of revenue, or competitive advantage.
Too, when IA’s go unrecognized and unmeasured, it enables exposure to various risks which, not infrequently, materialize as asset value, competitive advantage, and/or reputation being undermined, diminished, or ‘going to zero’!
With respect to Mr. Moberly’s productive 20+ year career in academia, i.e., teaching, research, and service, focused primarily on domestic – international ‘security studies’ in both tangible (physical) assets, and intangible (non-physical) assets. Operational familiarity training is produced – delivered in practical, graduate-managerial level contexts and formats (platforms) clients deem to ‘fit’ their needs and circumstances.
10. Client training modules include…
a. Providing company management teams with lucrative – competitive strategies for the management, stewardship, and oversight of their IA’s, commensurate with always on, go fast, go hard, go global operating environments.
b. Identifying strategies to effectively ‘lift out’, bundle, and convert promising (relevant, material) IA’s into efficiencies, value, sources of revenue, and/or sustainable competitive advantages.
c. Identifying how – where potential alliances, ventures, and other transactions can emerge in which particular IA’s can be confidently and profitably shared, sold, transferred, and/or licensed, etc.
d. Aligning existing IA’s with the company’s (business) mission, core competencies, and strategic planning.
e. Monitoring fluctuations in IA value, materiality, and risk to thwart and/or mitigate adverse cascading effects should certain risks materialize.
f. Distinguishing when, where, and how IA’s and business (projects, transactions, etc.) intersect to (a.) create value, competitiveness, sources of revenue, or (b.) risk.
g. Learning how to identify, unravel, develop, assess, safeguard, and utilize-exploit IA’s effectively and efficiently.
h. Identifying and employing viable strategies to utilize-converge-exploit IA’s lucratively, competitively, and sustainably.
i. Identifying-assessing specific steps to sustain control, use, ownership, value, and materiality throughout IA’s respective life-value-functionality cycles.
j. Identifying, assessing intangible asset risk, i.e., vulnerability, probability, criticality, and potential for adverse cascading affects.
k. Mitigating risks to intangible assets whenever, however, wherever they are in play, particularly in today’s always on, go fast, go hard, go global environments.
l. Undertaking – engaging in M&A’s, R&D, transactions, and/or new (product-service) market entry etc., in which key IA’s are in play and must remain fully intact (pre-post transaction) as requisites to achieving-surpassing projected outcomes.
11. KPSTRAT’s intangible asset training deliver ‘returns to clients’ by…
• Focusing on clients’ achieving operational level familiarity with intangible assets for professional advancement and/or to benefit – advance their company.
• Treating intangible assets as competitive advantage strategies, fiduciary responsibilities, and business decisions, not solely as standalone legal processes.
• Demonstrating compelling business cases for managing-overseeing (the stewardship) of company’s intangible assets relative to their value, conversion to sources of revenue, efficiencies and competitive advantages created.
• Closing gaps between – interface with conventional intellectual property protections, computer/IT security, business intelligence, economic espionage, and each assets’ life, value, functionality cycles’ and risks.
• Demonstrating strategies for leveraging intangible asset safeguards, value, and competitive advantage preservation to boost companies attractivity to prospective investors, buyers, collaborators, and/or strategic alliances.
KPSTRAT’s training modules are applicable to…
• IA intensive and dependent companies operating with ‘go fast, go hard, go global’ business models, in competitive, aggressive, and winner-take-all business (transaction) environments operating at keystroke speed.
• Professional development for c-suites, chief executives, valuation-audit, financial, operating, information assurance, security, risk management, marketing, public relations, HR, sales, accounting, strategic planning, due diligence, and organizational resilience.
• Venture capital – technology transfer, researchers and scientists, R&D commoditization, commercialization, and administration.
Training module content is delivered, designed, and paced…
• In upper class-graduate (managerial) level contexts.
• To achieve operational clarity-familiarity with IA’s relevant to today’s IA intensive and dependent companies.
• To accommodate a client’s current and strategic needs, time lines, and the type-nature of transaction – venture being considered and/or engaged.
Intangible Asset Operational Familiarity Training Modules: Titles and Content…
A. Intangible assets as sources revenue…
Intangible assets produce economic benefits anchored in- emanating from intellectual, relationship, and structural capital that accrue only so long as the asset holder sustains-monitors control, use, ownership, risks, and value. (Michael D. Moberly)
But, unlike conventional intellectual property enforcements, i.e., patents, trademarks, and copyrights, there is no certificate issued by the government that says these are your IA’s. The responsibility for identifying, developing, safeguarding, preserving value, and exploiting IA’s, etc., are solely the (fiduciary) responsibility of each company and its management team.
B. Intangible assets produce proprietary competitive advantages…
A proprietary competitive advantage is the application-exploitation of distinctive know how, i.e., intellectual, structural, and/or relationship capital that create efficiencies, value, drive competitive advantages, and generate revenue. They can take the form of (a.) internally produced materials, software, and videos, (b.) service manuals, (c.) distinctive solutions to problems, (d.) relationships with customers and suppliers, and (e.) client information held by sales reps, etc. (Michael D. Moberly)
Competitive advantages created through effective application of IA’s, (a.) often evolve over time and (b.) may not be the result of a planned action or the product of specific capital allocation decisions. (Michael D. Moberly)
C. Assessing intangible assets…
The American adage ‘talk is cheap’ is perhaps indicative of a general attitude many company management teams still hold about valuation of IA’s.
However, intellectual, structural, and relationship capital (IA’s) are far more than mere tools to manage other assets. They are now standalone commodities with varying cycles of value, competitive advantage, and relevance to their owners. (Branscombe, Anne Wells. Who Owns Information? From Privacy to Public Access. Basic Books 1994)
Consequently, the valuation of IA’s and competitive advantages is less about how to measure, than it is determining…
• what IA’s to measure and assign value relative to their contributory role.
• which IA’s possess proprietary elements, and,
• the interconnectedness and collaborativeness of the IA’s.
D. Preserve, safeguard, monitor, mitigate risk to IA value…
In today’s increasingly competitive, aggressive, and predatorial business transactions and R&D environments, ideas can mature (commoditize, commercialize) very rapidly. If those processes are not in place, or effective, the assets can readily meld into open source – public domain where they are more vulnerable to the adverse actions of economic-competitive advantage adversaries.
IA’s can produce and advance a company economically and competitively, only so long as their control, use, and ownership can be sustained. However, far too many companies lose, have compromised, inadvertently relinquish, and/or become engaged in disputes and challenges over the control and use (ownership) of their IA’s which can quickly…
• undermine competitive advantages, strategic planning, new business/product rollouts.
• erode projected-anticipated economies.
• create time consuming distractions that disrupt and/or impede a projects’ – transaction’s momentum.
• entangle the IA’s in costly and lengthy legal challenges and disputes.
• influence investors to change their exit strategies and/or deter future rounds of investment.
Complicating this further is the ease and quick economic returns attributed to infringement, piracy, and counterfeiting which, in many instances, are becoming favored and more lucrative (options) globally than originating.
E. C-suites, senior executives, management teams…
Effective and efficient oversight, management, and stewardship of IA’s is no longer a luxury reserved for high value companies. Instead, these are necessities – fiduciary responsibilities – obligations relevant to all companies and businesses.
It’s important to extend the oversight, management, and stewardship of IA’s beyond regulatory dimensions. Instead ensure IA’s are effectively aligned with financial risk management and planning, safeguards, exploitation, valuation, and core business objectives.
F. Intangible asset due diligence: pre-post transaction…
The primary objective for any (asset) due diligence activity is to provide superior knowledge about a target or transaction to add context, insight, and perspective to decision makers’ determination as to whether the primary IA’s in play can sustain the deals’ terms and objectives.
IA due diligence conducted through an intellectual property only lens, often excludes, overlooks, or is dismissive of the contributory role and value of embedded IA’s.
Too, conventional – generic (check list) approaches to IA due diligence are often mere snap shots in time and do not provide the level of (virtual) monitoring and risk mitigation necessary to reflect today’s asymmetric risks which routinely occur at keystroke speed. Today, due diligence must be much more than a mere review of (legal, accounting) documents because 80+% of a targets’ value lie in various IA’s.
IA due diligence addressed in this training unravels and reveals the status, fragility, stability, and defensibility of about-to-be-purchased and/or exchanged IA’s. Too, a comprehensive and efficiently conducted due diligence sends strong implications to targets by zeroing in on their centers of value and sources of revenue and competitive advantage, while eliminating extraneous – irrelevant information.
G. Early stage companies – university-research-based startups…
This training does not advocate keeping important innovation – science out of the public domain. In that regard, this training compliments – acts in concert with the principles of the Bayh-Dole Act, academic freedom, and institutional openness, only in a current context.
It’s common for some early stage companies and university-research based startups to not have fully established intellectual property positions or have distinguished specific IA’s and competitive advantages.
KPSTRAT’s training represents respectful addendums to conventional peer review processes and intellectual property enforcements designed to aid entrepreneurs to safeguard – preserve asset value, mitigate risks, and serve as relevant – enticing preludes to attract venture capital and investors.
Most training can be presented and conducted in venues to accommodate client’s current – strategic needs, and convenience…
12. Should you hire – become a KPSTRAT client?
Again, I am among a niche of practitioners nationally whose (client) services, research, and writing are executed, almost exclusively, through an intangible asset lens, e.g., blog, client-company centric seminars, advisories, and consultative guidance, and public speaking, etc. The intent-spirit of doing so is to…
• elevate awareness and lay foundations for executing lucrative – competitive outcomes for intangible asset intensive – dependent companies and businesses.
• consistently merge this consultancies’ ability and desire to respectfully articulate and bring operational level clarity to, among other things…
• demonstrating how IA’s develop, mature, and become embedded in business processes, services, and products as valuable intellectual, structural, and/or relationship capital.
• converting the contributory role and value of IA’s to (business) value, sources of revenue, competitive advantage, and enhancing reputation.
KPSTRAT…the right firm, right time, right circumstance, right collaboration, right outcomes!
13. Examples of client engagements…
a. Early stage internet services company sought my services to address two challenges they were experiencing, first, the company had not established any (conventional IP enforcements) or develop a strategy to address inevitable ‘IP position’ questions for an upcoming (second round) venture capital meeting. Solution strategy…
b. Chemical engineer consultants were referred to my services after being denied – not compensated for use of an innovative process they had developed that permitted their employer (a home construction product manufacturer) to achieve (immediate) industry-wide competitive advantages. Solution strategy…
c. Entrepreneur business partners sought my services after they were denied ‘a mark’ they had developed for their product soon to be launched. Their ‘mark’ application had been rejected by USPTO based on grounds of similarity and consumer confusion. Solution strategy…
d. Intellectual property insurance provider sought my insights regarding factors-variables that elevate probability – propensity that an insured may file a fraudulent claim, and if so, investigative strategies to unravel the circumstances. Solution strategy…
e. University agricultural scientists sought me out for clarity, insights, and recommendations regarding safeguards for their corporate alliance – funded research projects that would measurably mitigate vulnerability-probability (risk) to misappropriation, compromise, and product piracy. Solution strategy…
f. Franchise holder sought my services to articulate and assign values (replicable methodology) to the IA equity, primarily in the form of relationship and structural capital inputs relative to a pending transaction. Solution strategy…
g. Public radio station expressed interest in my IA expertise to characterize – differentiate (frame) their on-air social media, news reporting, programming and podcast services in IA contexts to aid in recognizing, differentiating, and measuring programmatic contributory value. Solution strategy…
h. Technical designer of CCTV systems engaged me to articulate the CCTC system he had developed relative to marketing-sales language to differentiate and draw client’s attention to its intangible features and outcomes, particularly for lodging environments and how to incorporate same. Solution strategy…
i. University researchers sought my services relative to their development of a distinctive pro-biotic designed to mitigate nausea. This attracted interest from the Department of Defense and multiple ‘bio – pharma’ firms. The principle investigators’ early experimentation and open communication were undermining their credibility and attractivity of their discovery. Solution paths…