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 The Coverage Inkwell

Joshua A. Mooney Partner

Co-Chair, Cyber Law and Data Protection Group
Philadelphia, PA | Direct 215.864.6345Fax 215.399.9613
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Joshua Mooney’s practice focuses on complex and emerging issues of insurance law with emphasis on privacy rights, cyber and security data breach liability, media liability, entertainment/intellectual property, false advertising, and construction defect. Josh counsels insurance companies on coverage matters under general, cyber, media, and professional liability policies at all stages, from policy drafting to litigation. He has litigated insurance and intellectual property matters in state and federal courts at the trial and appellate levels throughout the country. His matters involve coverage claims for cyber and media liability, data breaches and unlawful use of PII, invasion of privacy, defamation, Top 40 musical artists, reality television programming, and advertising agencies. Josh also represents insurers in construction defect matters, including in coverage litigation and in mediation of complex class action lawsuits.  

Josh also advises clients on data breach liability and pre-breach preparation. He writes and lectures regularly on cyber liability, cyber coverage and privacy issues. He has taught numerous CLEs on the topic, and has been quoted in such publications as Law360 and Business Insurance. In addition to articles, Josh is the author of The Coverage Inkwell, a newsletter/blog dedicated to emerging coverage issues in cyber liability, privacy rights, and intellectual property. Past issues are available on this site. In June 2012, the then-new newsletter earned a place on the Gen Re Policy Wording Matters “Good Reading” list. Josh also has authored a chapter on coverage for privacy claims and cyber risks in the third edition of Maniloff’s and Stempel’s General Liability Insurance Coverage. He is a member of CLM's Cyber Liability and Insurance Coverage Committees. 

Josh also represents clients in intellectual property matters, including trademark and trade secret litigation, counterfeiting, privacy, cyber law, data breach notification, unfair competition and contractual indemnification. In addition to insurance companies, Josh’s clients have included insurance brokers, Fortune 500 companies, school boards, school districts, aerospace companies, open-air markets, a national drug store chain, software developers, internet service providers, small businesses, and charitable organizations.

Additionally, Josh has co-authored a chapter on federal civil procedure in the Pennsylvania Bar Institute’s definitive book on ediscovery. Josh served four years (2006-2010) as a voting member of the Intellectual Property Rights Policy Committee of the American National Standards Institute (ANSI), where he participated in numerous ANSI meetings and governmental workshops on intellectual property rights in consensus standards for green marketing and sustainability. 

In law school, Josh was a Project Editor for the American Criminal Law Review. He graduated magna cum laude and was named to the Order of the Coif.

Representative Matters

Josh's varied experience in insurance, cyber, and intellectual property is demonstrated in his representative matters.

Insurance Matters

  • Represented insurer in coverage matter involving high-profile security data breach
  • Coverage matters representing insurers in connection with various underlying infringement and defamation claims involving Top 40 musical artists, reality television programming, and universities
  • Represented insurers in coverage litigation and related matters involving unlawful acquisition and use of personal identification information 
  • Represented school district in coverage dispute involving underlying claims of invasion of privacy of students through use of laptop webcams
  • Represented insurer in coverage matter involving prominent magazine publisher
  • Represent insurers in various bad faith litigation, resulting in dismissals or favorable settlements
  • Coverage matters involving underlying allegations of merchandise counterfeiting and intellectual property infringement
  • Represented insurers in coverage matters and litigation involving underlying, local and nationwide class action lawsuits alleging construction defect
  • Represented insurers in coverage actions involving high-profile underlying wrongful death claims, multiple insured defendants, and contractual indemnity agreements
  • Negotiated favorable funding agreement between insurance carriers and insureds in connection with underlying action involving allegations of unfair competition, theft of intellectual property, employee raiding and fraud
  • Declaratory judgment/bad faith action, recovering retrospective premiums insured had refused to pay because insurer settled underlying claim without insured’s consent; issue of first impression in Pennsylvania
  • Defended reinsurer lawsuit in connection with rent-a-captive insurance program; obtained dismissal of complaint
  • Drove favorable settlement of coverage matter involving expiring environmental cost-cap policy, insurer in run-off, and remediation of Superfund site

Cyber and Intellectual Property Matters

  • Defended large open-air market against allegations of merchandise counterfeiting brought by national retailer, obtaining dismissal of action
  • Represented national company in matter where its website was attacked and page-scraped by competitors using bots and other software to obtain competitive information about the website’s visitors; obtained competitor's agreement to immediately cease and desist from all such activities
  • Drafted and updated online service agreements, privacy policies, terms of use for trucking corporation’s website and intranet sites
  • Defended various aerospace companies in large trade secret litigation
  • Handled intellectual property matters of international software developer entering U.S. market, prosecuted trademarks, advised on branding strategies, and helped develop intellectual property portfolios
  • Brought action on behalf of aerospace company against former distributor for passing-off company’s products as its own on its website; obtained successful resolution of case
  • Conducted and coordinated investigation on behalf of nonprofit organization into employee fraud; resulted in referral of matter to law enforcement and partial recovery of loss
  • Conducted corporate investigation into allegations of embezzlement committed by then-senior management of company; brought civil action in New York state court as a result of investigation’s findings
  • Represented drug store chain and served on trial team in matters seeking recovery from its former senior management of legal fees advanced under company’s bylaws; matters resulted in favorable settlements, one on the eve of trial
  • Represented local artist in copyright and rights of publicity matter; negotiated successful resolution of case

Recognition & Involvement

Josh belongs to CLM and is a member of CLM's Cyber Liability Committee and Insurance Coverage Committee. He also is the alumni contact for the University of Cambridge and Cambridge in America, both for the Philadelphia Metropolitan Area and Pennsylvania at large, and participates in alumni interview program for Georgetown University Law Center. He is a past member of the Young Friends of the Settlement Music School and former Co-Chairman.



Bar and Court Admissions


District of Columbia

U.S. Court of Appeals for the Third Circuit

U.S. District Court for the District of Columbia

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


Georgetown University Law Center, JD, magna cum laude, 2000

University of Cambridge, Girton College, MPhil, 1994

Loyola College, BA, cum laude, 1993


CLM; Insurance Coverage Committee and Cyber Liability Committee

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