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The Coverage Inkwell

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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As the Co-Chair of the firm’s Cyber Law and Data Protection Group, Josh guides corporate clients in assessing cyber risks and responding to cybersecurity incidents, including data collection and breaches, identifying exposures, complying with state and federal notification requirements, identifying and negotiating with appropriate vendors for response efforts, and negotiating resolution of matters, including litigation. He helps companies evaluate and improve their cybersecurity protocols, investigate cybersecurity incidents, and counsels companies on their legal obligations and liabilities before and after a cybersecurity incident strikes. 

Josh also advises insurance carriers on complex and emerging coverage risks involving cyber and privacy rights, e-surveillance, media, advertising, and intellectual property. His coverage matters involve underlying data breaches, malware and social engineering, e-surveillance, and invasion of privacy. Josh is particularly involved in coverage matters in connection with unlawful collection and use of PII and representing media insurers in coverage matters for entertainment and intellectual property liability, false advertising, and defamation, including claims involving Top 40 musical artists, reality television programming, newspapers, software and gaming developers, and advertising agencies. Josh also represents insurers as coverage counsel in construction defect litigation, including litigation involving numerous nationwide construction defect class actions. 

Josh writes and lectures regularly on cyber liability, privacy, and coverage, teaching CLEs and providing in-house seminars and training. Josh is frequently quoted in such publications as The Wall Street Journal, Law360, and Business Insurance. He is also the author of The Coverage Inkwell, a blog dedicated to emerging coverage issues in cyber liability, privacy rights, and intellectual property, which earned a place on the Gen Re Policy Wording Matters “Good Reading” list. Josh also authored the chapter on coverage issues for privacy and cyber risks in Maniloff’s and Stempel’s top-selling insurance coverage treatise, General Liability Insurance Coverage

Josh is a member of CLM’s Insurance Coverage Committee and the co-chair of CLM’s Wiki Insurance subcommittee. He is also a founding member of the Oxford & Cambridge Society of Philadelphia, and has been designated by Cambridge in America as the convenor for the Commonwealth of Pennsylvania. 

Previously, Josh served as a voting member of the Intellectual Property Rights Policy Committee of the American National Standards Institute (ANSI). 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. Before law school, Josh earned an M. Phil. in history at the University of Cambridge. 

Representative Matters

Cyber Law and Intellectual Property Matters:

  • 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
  • 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

Recent Insurance Matters:

  • 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)
  • 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
  • Successful defense of insurer in coverage litigation involving underlying copyright infringement resulting in no-pay settlement
  • 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)
  • 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
  • Successfully represented media insurer in various matters involving overseas litigation for alleged copyright infringement against Top 40 musical artists
  • 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 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 College, BA, cum laude, 1993

Memberships

CLM; Insurance Coverage Committee and Cyber Liability Committee

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