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Joshua A. Mooney Counsel

 
Philadelphia, PA | Direct 215.864.6345 | Fax 215.399.9613
 | mooneyj@whiteandwilliams.com
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Joshua Mooney’s practice focuses on complex and emerging issues of insurance law, and in particular on privacy rights, cyber 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, including policy drafting.  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, invasions 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 writes and lectures regularly on cyber liability 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 represents clients in intellectual property matters, including trademark and trade secret litigation, counterfeiting, privacy, cyber law, 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 written and presented on emerging issues in green marketing and intellectual property, and has co-authored a chapter on federal civil procedure in the Pennsylvania Bar Institute’s definitive book on e-discovery.  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

  • Coverage matters representing insurers in connection with various underlying infringement and defamation claims involving Top 40 musical artists, reality television programming, and universities
  • Represented insurer in coverage litigation and related matters involving multiple ZIP code lawsuits
  • Represented school district in coverage dispute involving underlying claims of invasion of privacy of students through use of laptop software; resulted in favorable settlement
  • Represent insurers in bad faith litigation, resulting in dismissals or favorable settlements
  • Coverage matters involving underlying allegations of merchandise counterfeiting and intellectual property infringement
  • Coverage action in matter 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 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
  • Defended various aerospace companies in large trade secret litigation
  • 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
  • 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 potential 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
  • 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 local artist in copyright and rights of publicity matter; negotiated successful resolution of case

Recognition & Involvement

Josh is a member of CLM.  He also is the alumni contact for Cambridge in America for both the Philadelphia Metropolitan Area and Pennsylvania at large, and participates in alumni interviews for Georgetown University Law Center.  He 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

CLM; Insurance Coverage Committee