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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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As the Co-Chair of the firm’s Cyber Law and Data Protection Group, Joshua Mooney advises clients on cyber risks and the complex patchwork of state and federal law on data privacy and security, including HIPAA, GLBA, New York’s cyber regulations, state data breach notification laws, and the EU’s General Data Protection Regulation (GDPR).

Josh helps companies assess and implement cybersecurity programs geared to preserve the confidentiality, integrity, and availability of client data. He guides clients through investigations and responses to cybersecurity incidents, including data breaches. Josh serves as an editor of 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. He also advises clients on threat sharing against cyberattacks under GDPR.

In addition, Josh advises insurance carriers on complex and emerging coverage risks involving cyber and privacy rights, media liability, and intellectual property. His coverage matters involve cyberattacks, e-surveillance, TCPA, and invasion of privacy in the context of data breaches, phishing attacks, unlawful collection and use of PII, film productions, Top 40 music, reality television programming, newspapers, software and gaming developers, banks, and casinos. He has guest-lectured on cyber insurance at Temple University Fox School of Business and Rutgers Law School. He has been quoted in such publications as The Wall Street Journal, Law360, and Business Insurance.

Josh is the Chair of the Pennsylvania Bar Association’s Cybersecurity and Data Privacy Committee, and is Vice Chair of the ABA TIPS Cybersecurity and Data Privacy Committee. Josh writes and lectures regularly on cyber liability, privacy, and coverage, teaching CLEs and providing in-house seminars and training.

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 GDPR
  • Advised clients with compliance under New York DFS cyber regulations 23 NYCRR 500, including certification and implementation of cybersecurity programs
  • 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
  • Led and coordinated response effort to data breach suffered by corporate client, including coordination with law enforcement
  • Coordinated and negotiated with law enforcement following contact with corporate client regarding potential data breach and identified theft ring involving former employee
  • Helped client evaluate cybersecurity protocols, revise employee handbook for cybersecurity and privacy matters, and created 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

  • Represent media liability 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

  • Represent media liability insurer in connection with underlying defamation lawsuit filed against bankrupt online media periodical

  • 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 liability 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 liability 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
  • Successfully represented 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

Intellectual Property Matters:

  • Obtained dismissal of merchandise counterfeiting lawsuit brought against large open-air market by national high-end retailer
  • Successfully defended aerospace companies in large trade secret litigation, resulting in clients’ recovery of monetary damages asserted in counterclaim
  • Brought action on behalf of aerospace company against former distributor for passing-off company’s products as its own on its website, obtaining a cease and desist agreement from distributor

Recognition & Involvement

Josh is a founding member of The Oxford & Cambridge Society of Philadelphia and participates in the alumni interview program for Georgetown University Law Center.

Events

Publications

Bar and Court Admissions

Pennsylvania

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

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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