News
Events
- Intellectual Property & Advertising Injury in the 21st CenturyWhite and Williams Coverage CollegeOctober 4, 2012
Publications
- The Coverage InkwellMarch 22, 2013
Joshua A. Mooney Counsel
| 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.
News
Events
- Intellectual Property & Advertising Injury in the 21st CenturyWhite and Williams Coverage CollegeOctober 4, 2012
- From Privacy Rights to Counterfeiting: Emerging Issues in Personal and Advertising InjuryWhite and Williams CLEDecember 8, 2011
- Privacy, Counterfeit Merchandise and Other Issues in Personal and Advertising Injury CoverageIn-house Educational ProgramNovember 17, 2011
- Got Green? Being Green, Selling GreenPA Bar Association, Business Lawyers InstituteNovember 9, 2011
- Privacy, Cyber-liability and Counterfeit Knock-offs: Emerging Issues in Personal and Advertising InjuryWhite and Williams Coverage CollegeOctober 6, 2011
- Personal and Advertising Injury - New Age, New ClaimsWhite and Williams Coverage CollegeSeptember 30, 2010
- Going Green: Marketing, Practice and a Need for TestingACIL-NACLA Mid-Winter Meeting (Washington, D.C.)February 2010
- Intellectual Property Issues for Small BusinessesThe Enterprise Center (Philadelphia, PA)February 2007
- Protecting You and Your Trade SecretsAnnual Meeting of the American Council of Independent Laboratories (San Antonio, Texas)October 2006
Publications
- The Coverage InkwellMarch 22, 2013
- The Coverage InkwellMarch 19, 2013
- The Coverage InkwellFebruary 15, 2013
- The Coverage InkwellJanuary 26, 2013
- The Coverage InkwellDecember 14, 2012
- December 12, 2012
- Coverage OpinionsDecember 5, 2012
- November 9, 2012
- November 2, 2012
- The Coverage InkwellSeptember 11, 2012
- The Coverage InkwellJuly 20, 2012
- July 16, 2012
- June 8, 2012
- May 8, 2012
- The Coverage InkwellApril 27, 2012
- April 13, 2012
- April 10, 2012
- Mealey's Emerging Insurance DisputesMarch 22, 2012
- Mealey’s Litigation Report: InsuranceJanuary 11, 2012
- Endurance Coverage 2010: The Year's Ten Most Significant Insurance Decisions Reaches The Decade MarkMealey's Litigation ReportDecember 22, 2010
- Duties to Defend, Indemnify Not Always LinkedBusiness InsuranceJune 21, 2010
- Mealey"s Emerging Insurance Disputes, Volume 15, No. 10May 20, 2010
- It's Too Easy Being GreenAmerican Council of Independent Laboratories NewsletterSeptember 2009
- eDiscovery in the New Federal RuleseDiscovery, Pennsylvania Bar Institute2008
- Toxic Torts & The Absolute Pollution Exclusion Revisited39 Tort Ins. L.J. 552003
- The Absolute Pollution Exclusion & Toxic Gases: A State Of Law in Disarray from an Ill-Conceived ApproachProduct Liability and Toxic Tort Section Newsletter, New Jersey State Bar Association2003
Practice areas
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

