From 1965 to 1967 he was a legal intern for the law firm of Nichols, Stead, Boileau and Lamb and later for the Kenneth Hahn Hall of Administration in Los Angeles.

He then served as a lieutenant in the United States Navy from 1968 to 1971 as part of the Judge Advocate General Corps.

He returned to private practice from 1971 to 1989, working at Hoge, Fenton, Jones & Appel Inc. in San Jose, California.

[2] Stanford Law Professor Mark Lemley also called Whyte "the Dean of the Silicon Valley bench.

"[2] Whyte's professional activities included serving on the Dean of Santa Clara Law School's High Tech Advisory Council (2001–20??