Overview
Robert Whetzel has over 35 years of experience handling complex commercial, intellectual property, and environmental disputes.
With a practice encompassing a broad range of business and commercial matters, Bob represents clients in litigation, arbitration, and regulatory matters across a wide variety of industries—including petrochemical, energy, technology, electronics, pharmaceuticals, finance, transportation, and manufacturing. Bob’s diverse clients include businesses, academic institutions, manufacturers, energy companies, utilities, developers, lenders, industrial facilities, municipalities, and governmental organizations.
Bob appears regularly in federal and state courts in Delaware and other jurisdictions, and also has amassed significant experience in alternative dispute resolution. In addition to his commercial litigation practice, Bob advises clients on transactional and contractual matters. He has particular expertise in intellectual property and environmental issues.
Intellectual Property
Bob’s intellectual property practice involves significant patent litigation, trademark disputes, and licensing matters. His broad range of experience includes acting as both lead and Delaware counsel in complex patent disputes involving high-tech products, including petrochemicals, manufacturing, transportation, electronics, and pharmaceuticals.
Bob has successfully handled a number of significant trademark litigation matters involving marks in the entertainment, consumer products, sporting goods, credit card, financial services, and retail sectors, among others.
He has also represented businesses and academic institutions in technology, research, and licensing disputes. He has counseled several research organizations on strategies for protection of intellectual property and technology transfer.
Environmental
Regularly handling complex issues arising under federal and state environmental laws, Bob represents clients on the full spectrum of environmental matters, including site acquisition and development, site remediation, and air, water, solid, and hazardous waste. His environmental practice encompasses permitting, compliance counseling, enforcement, and litigation, and he also advises on environmental issues in real estate and business transactions.
Recent engagements include:
- Compliance counseling for major chemical manufacturers
- Defense of EPA multimedia enforcement actions
- Appeals of TMDL regulations and water quality standards
- Appeals of Delaware’s Coastal Zone Act regulations
- Numerous permit appeals and enforcement actions
- Providing advice on issues relating to climate change and sea level rise
Bob has extensive experience with federal and state environmental agencies, particularly in enforcement, permitting and transactional matters. Representing both new and existing businesses in permitting matters, he handles permitting issues for manufacturers, recycling companies, energy companies, and utilities. He also counsels clients in connection with Delaware’s newly adopted Coastal Zone Conversion Permit Act.
Active in legislative affairs in Delaware, Bob has testified and commented on numerous environmental proposals. He is a registered lobbyist in the State of Delaware, and frequently testifies on environmental legislation on behalf of business organizations. He regularly appears before state and federal courts, administrative agencies, and other regulatory bodies.
Bob has served on numerous regulatory advisory committees, including
- Coastal Zone Act Conversion Permit Regulatory Advisory Committee
- Brownfields Advisory Committee
- Chronic Violators Regulatory Development Committee
- Hazardous Substance Cleanup Act Advisory Group
- Title V Fee Advisory Committee
A frequent speaker at conferences and seminars on environmental issues, Bob was recently a panelist at a program entitled “The Delaware Coastal Zone Act Conversion Permit Act.”
PRACTICES
Arbitration & Mediation
Administrative Law
Commercial Litigation
Energy
Environmental
Intellectual Property
Real Estate Services
Select Experience
Commercial Litigation Representations
- Representation of a major petrochemical company in a dispute relating to construction of a facility in Mexico
- Representation of an electrical utility in connection with power outage claims
- Representation of a petrochemical manufacturer in arbitration relating to valuation of interest in a joint venture
- Representation of refinery in dispute relating to supply agreement and damage to operations of the facility
- Representation of a refinery in litigation relating to crude oil supply and corrosion
- Representation of a chemical manufacturer in connection with a dispute relating to construction of a facility in China
Intellectual Property Representations
- Represented leading copyright membership organization in enforcement litigation
- Defended patent litigation for manufacturer of components of implantable medical devices
- Defended entertainment company against claims of idea misappropriation
- Represented major research university in technology disputes
- Represented major research company in technology licensing dispute
- Represented pharmaceutical company in licensing dispute
- Represented manufacturer of electrical components in defense of intellectual property litigation
Environmental Representations
- Litigation involving post-closing disputes over environmental claims
- Assisted debtor in a chapter 11 proceeding in resolution of complex, multistate environmental claims involving regulators, insurers, and other responsible parties
- Advised major research university on the acquisition and redevelopment of a former auto assembly plant
- Villanova University School of Law, J.D., cum laude, 1984
Order of the Coif - University of Delaware, B.S., Chemical Engineering, 1981
Education
Publications
Environmental Policy in Delaware
Delaware Business Magazine | May/June 2023
Climate Change, Environmental Justice, Zero Emission Vehicles, and More The 152nd General Assembly is in session, and all indications point to an active year for environmental legislation. In 2022, climate change and environmental justice bills were introduced but did not pass. Sponsors of those bills are expected to introduce new bills this year, and there is…
Limited Resources Should Be Used Strategically
Delaware Business Magazine | September/October 2022
In November 2021, the State of Delaware issued its climate action plan (the “Climate Plan”) after a process of workshops, surveys, and review of comments from stakeholders. The Climate Plan follows a series of specific actions to address climate issues in Delaware, including enactment of the Renewable Energy Portfolio Standards Act; participating in the National Clean…
Environmental Due Diligence: Emerging Contaminants and Changing Standards
Delaware Banker | Spring 2022
Environmental due diligence is a significant component of commercial real estate transactions, and a Phase I environmental site assessment (“ESA”) is the usual starting point for due diligence. Although the Phase I ESA has become a near-commodity, not all assessments are created equal, and understanding the scope of what is (and is not) encompassed by a…
Practical Considerations for Commercial Lenders Regarding Environmental Liability
Delaware Banker | Spring 2019
In the context of making a loan secured by commercial real estate, a lender is right to be concerned about environmental contamination at that property, and how it may impact potential liability for cleanup and the value of the property as collateral. According to a survey by Environmental Data Resources (“EDR”), one out of every ten…
Delaware Banker | Summer 2014
In the 2013 legislative session, Delaware adopted environmental lien legislation authorizing the Delaware Department of Natural Resources and Environmental Control to impose environmental liens on real property to recover its cleanup costs.
Dispute Resolution 2014: Delaware
Getting the Deal Through | June 2014
Getting the Deal Through is delighted to publish the twelfth edition ofDispute Resolution, a volume in our series of annual reports, which provides international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people.
Delaware Banker | Summer 2013
In the recent legislative session, Delaware took another step to require responsible parties to clean-up contaminated property by enacting environmental lien legislation. Delaware’s new environmental lien statute allows the State’s environmental agency, the Delaware Department of Natural Resources and Environmental Control (“DNREC”), to impose environmental liens on real property to recover its clean-up costs. While not…
Dispute Resolution 2013: Delaware
Getting the Deal Through | June 2013
The Delaware judicial system consists of the Supreme Court, Court of Chancery, Superior Court, Family Court, Court of Common Pleas and Justice of the Peace Courts. The Delaware Constitution of 1897 also establishes a Court on the Judiciary with power to censure, remove or retire judicial officers for misconduct or failure to perform duties. The Supreme…
Leadership
- American College of Environmental Lawyers, Founding Member
- District of Delaware Lawyers’ Advisory Committee
- Delaware State Chamber of Commerce, Environmental Committee, Chair
- Delaware State Chamber of Commerce, Board of Directors
- Delaware State Bar Association, Environmental Law Section, Past Chair
- The Stroud Center, Board of Directors
Recognition
- The Best Lawyers in America, since 2008
- Lawdragon 500 Leading Environmental & Energy Lawyers, 2024, 2023, 2021
- Benchmark Litigation, since 2015
- Super Lawyers, since 2009
- Delaware Today Top Lawyer, Environmental Law, 2024, 2023, 2022, 2021, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2010; Top Vote Getter, 2021
Bar Admissions
- Delaware, 1984
- United States Patent and Trademark Office, 1984