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Cyber News: Cyber Law News and Bytes

Joshua A. Mooney Partner

Co-Chair, Cyber Law and Data Protection Group
Philadelphia, PA | Direct 215.864.6345Fax 215.399.9613
mooneyj@whiteandwilliams.com
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Joshua Mooney is Co-Chair of the firm’s Cyber Law and Data Protection Group. Josh advises companies, including members of the insurance and insurtech industries, on data use and ownership, licensing, privacy, and security, including under such laws as the CCPA, HIPAA, New York’s DFS Cyber Regulations and the SHIELD Act, BIPA, and the EU’s General Data Protection Regulation (GDPR). He also is active in the industry. He serves as Vice Chair of the ABA TIPS Cybersecurity and Data Privacy Committee, and is the founding Chair of the Cybersecurity and Data Privacy Committee for the Pennsylvania Bar Association. Josh also serves as an editor for a working group of X9, an ANSI-accredited standards developing organization, to develop a universal standard for data protection and data breach notification in the financial services industry.

In addition, Josh advises insurance carriers on complex and emerging coverage risks involving all manners of cyberattacks, including data breaches, ransomware, and business email compromises (BECs), as well as media and privacy claims and litigation. His coverage matters involve nation state cyberattacks on media entities, film productions, Top 40 music, reality television programming, newspaper liability and underlying bankruptcy, software and gaming developers, banks, and casinos.

Josh regularly writes and lectures on cybersecurity and data privacy and coverage issues, teaching CLEs and providing in-house seminars and training. He has guest-lectured on cyber law and insurance at Temple University Fox School of Business and Rutgers Law School, and has been quoted in such publications as The Wall Street Journal, Law360, Business Insurance, and Compliance Week.

Outside of law, Josh is a founding member of The Oxford & Cambridge Society of Philadelphia, and has been designated by Cambridge in America and the University of Cambridge as an official alumnus contact for the Commonwealth of Pennsylvania.

In law school, Josh graduated magna cum laude and was named to the Order of the Coif. Before law school, Josh wrote a Master’s dissertation and earned an M. Phil. in medieval history at the University of Cambridge.

Representative Matters

Cyber Law Matters:

  • Assisted clients with drafting and implementing information security programs under the CCPA, SHIELD Act, Dittman, and GDPR
  • Advised insurance industry clients with compliance under New York DFS cyber regulations 23 NYCRR 500, including certification and implementation of cybersecurity programs
  • Advised insurance industry clients with compliance under NAIC Model Law on Insurance Data Security, as promulgated by applicable jurisdiction
  • Drafted/negotiated InsurTech and start-up licensing and service agreements, resolving issues regarding data ownership, use, security and privacy of data
  • Advised client on compliance under NIST SP 800-171 Standard for DoD Contracting, including development and implementation of a cyber security program
  • Led multiple investigations of cybersecurity incidents for corporate clients, including coordination with law enforcement where applicable
  • Evaluated client’s cybersecurity protocols and revised employee handbook for cybersecurity and privacy matters, creating in-house cyber response teams with corporate cybersecurity response plan
  • Represented client in obtaining cease and desist from competitor to stop page-scraping and attacks on client’s website
  • Represented client in email hacking litigation

 Insurance Matters:

  • Successful defense of insurer in coverage matter involving high-profile security data breach committed by foreign nation state
  • Successful defense of school district in coverage litigation over high-profile class action lawsuit accusing district of using webcams in school-issued laptops to spy on students at home
  • Successfully represented media insurer in connection with underlying defamation lawsuit filed against bankrupt online media periodical, winning narrow construction of direct action statute and first impression decision that policy was rejected by the bankruptcy estate as an executory contract, Riley v. Mutual Ins. Co. Ltd., 2019 U.S. Dist. LEXIS 121123 (E.D. Pa. Jan. 9, 2019)
  • Successfully represented media insurer in connection with underlying class action against national university reporting false statistics to U.S. News & World Report to bolster rankings of academic programs
  • Advised cyber insurer in underlying ransomware matter;
  • Successfully represented insurer in coverage litigation involving alleged unlawful collection of personal information, OneBeacon Am. Ins. Co. v. Urban Outfitters, Inc., 21 F. Supp. 3d 426 (E.D. Pa. 2014), aff’d, 625 Fed. App’x 117 (3d Cir. 2015)
  • Successfully represented insurer in coverage litigation involving underlying class action alleging false advertising, Cincinnati Ins. Co. v. KT Health Holdings, LLC, 2017 U.S. Dist. LEXIS 44432 (D. Mass. March 27, 2017)
  • Successfully represented media in multiple matters involving underlying copyright lawsuits of a music videos and/or persona against Top 40 artists
  • Successful defense of insurer in coverage litigation involving underlying copyright infringement resulting in no-pay settlement
  • Successfully represented media in matter involving criminal action pending in the Tribunal de Grande Instance (Paris) in connection with film production of a fictionalized account of French politician’s visit to New York
  • Defense of insurer in coverage litigation brought by national retailer involving underlying intellectual property infringement and violation of Indian Arts and Crafts Act
  • Advised insurer in coverage matter involving diverted payments through social engineering scam
  • Successfully represented insurer in coverage matter involving breach of credit card data suffered by casino
  • Successfully represented insurer in coverage matter involving shutdown of casino gambling portals from software malfunction
  • Advised insurance carriers on various coverage matters involving reality television programming
  • Successfully represented insurer in coverage matter brought by prominent magazine publisher over inaccurate marketing of vacation package
  • Defense of insurers in multiple coverage and litigation matters involving underlying, local and nationwide construction defect litigation

Recognition & Involvement

Josh is a founding member of The Oxford & Cambridge Society of Philadelphia. He also has participated in the alumni interview program for Georgetown University Law Center.

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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

Education

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

University of Cambridge, Girton College, MPhil, 1994

Loyola University Maryland, BA, cum laude, 1993

Memberships

Pennsylvania Bar Association, Cybersecurity and Data Privacy Committee (Chair)

American Bar Association, TIPS Cybersecurity and Data Privacy Committee (Vice Chair)

CLM

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