Joshua A. Mooney Counsel

 
Philadelphia, PA | Direct 215.864.6345 | Fax 215.399.9613
 | mooneyj@whiteandwilliams.com
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Joshua Mooney has over ten years experience litigating insurance and intellectual property matters in state and federal courts at the trial and appellate levels throughout the country. 

His practice focuses on complex and emerging issues of insurance law, including rights of privacy and cyberspace, greenwashing and false advertising, intellectual property, construction defect and unfair competition.  He counsels insurance companies on coverage matters under general and professional liability insurance at all stages of a claim, including coverage litigation.  Josh also represents clients in various intellectual property matters, including trademark and trade secret litigation, counterfeiting, privacy rights, internet law and e-commerce, unfair competition and contractual indemnification claims.  

In addition to insurance companies, Josh’s clients have included insurance brokers, Fortune 500 companies, school boards and school districts, aerospace companies, a drug store chain, software developers, internet service providers, small businesses and charitable organizations. 

Josh has written and presented numerously on emerging issues in insurance law, rights of privacy, green marketing and intellectual property rights.  He also has co-authored a chapter on federal civil procedure in the Pennsylvania Bar Institute’s definitive book on e-discovery.  In addition, Josh served four years (2006-2010) as a voting member of the Intellectual Property Rights Policy Committee of the American National Standards Institute (ANSI), and has participated in numerous ANSI meetings and governmental workshops on intellectual property rights and standards for green marketing and sustainability.     

While in law school, Josh was a member of the Order of the Coif and Project Editor for the American Criminal Law Review.

Representative Matters

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

  • Represented school board and school district in coverage dispute involving underlying claims of invasion of privacy of students through use of laptop software; resulted in favorable settlement
  • Coverage action in matter involving high-profile underlying wrongful death claims, multiple insured defendants and contractual indemnity agreements
  • Defended various aerospace companies in trade secret litigation
  • Defended insurance carrier in bad faith litigation; resulted in nuisance settlement
  • Defended insurance carrier in bad faith litigation in Maryland state court; successfully brought case to mediation and negotiated advantageous settlement funded primarily by other defendants
  • 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
  • Conducted and coordinated investigation on behalf of nonprofit organization into potential employee fraud; resulted in referral of matter to law enforcement and partial recovery of loss
  • Handled intellectual property matters of international software developer entering U.S. market, including prosecution of trademarks, advising on branding strategies, and development of intellectual property portfolios
  • 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
  • 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
  • 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
  • Defended company in litigation brought by founder to recover indemnification under company’s bylaws; obtained successful settlement on eve of oral argument on company’s summary judgment motion
  • Represented national company in matter where its website was attacked and page-scraped by competitors using ibots and other software to obtain competitive information about the website’s visitors; obtained competitors’ agreement to immediately cease and desist from all such activities
  • Drafted and updated online service agreements, policies, and privacy terms for trucking corporation’s website and intranet sites
  • Advised on and drafted privacy statements and terms of use for websites of multiple companies; advised on compliance issues under Computer Abuse and Fraud Act, Lanham Act, FTC enforcement actions, and various state and federal online privacy protection statutes
  • Represented local artist in copyright and rights of publicity matter; negotiated successful resolution of case
  • Brought Petition to Cancel proceeding before the TTAB against company using trademark similar to client’s mark; successfully negotiated advantageous settlement
  • 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
  • Defended reinsurer in lawsuit brought in Arkansas federal court 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
  • Represented multiple primary and excess insurance carriers in insurance litigation involving underlying class actions alleging injuries from use of cell phones
  • Advised insurance carriers and brokers on regulatory issues under state insurance codes involving compensation of brokerage firms, bonuses, rebates, and quasi-insurance products

Recognition & Involvement

Josh is the alumni contact for Cambridge in America in the Philadelphia Metropolitan Area. Josh is also a past member of the Young Friends of the Settlement Music School and former Co-Chairman.   

Events

Publications

Bar and Court Admissions

Pennsylvania

District of Columbia

U.S. District Court for the District of Columbia

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

Education

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

Cambridge University Girton College, MPhil, 1994

Loyola College, BA, cum laude, 1993

Memberships

American Bar Association; Trial and Insurance Practice Section