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David J. Shannon

Shareholder
Chair, Privacy and Data Security; Chair, Intellectual Property, Technology and Media Litigation
2000 Market Street, Suite 2300
Philadelphia, PA 19103
(215) 575-2615
(215) 575-0856 - Fax
djshannon@mdwcg.com

David chairs both the Privacy and Data Security Practice Group and the Intellectual Property, Technology and Media Litigation Practice Group. He concentrates a substantial portion of his practice on privacy law, data breaches, intellectual property, copyright and trademark infringement, as well as trade secret, trade dress technology and media related litigation. David is experienced defending privacy and intellectual property cases venued throughout the United States, and has been litigating cases in federal and state courts since 1994. David is a national and international featured speaker at privacy and data security conferences and seminars. His presentations focus on legal issues and emerging trends in the insurance industry, in all areas of privacy, data breach and data security.

David additionally represents design professionals in a variety of construction industry related claims.  He has extensive experience representing architects, engineers, surveyors, land developers, commercial property owners, general contractors, subcontractors and commercial landscapers.  David has defended clients in cases that involved claims for design errors and omissions and other contractual and negligence claims. Over the past fifteen years, he has tried a number of bench trials, jury trials, and arbitrations.

In 1990 David received his B.A. in political science from Denison University. He then attended Widener University School of Law and received his J.D. in 1994. His legal experience includes working for a boutique civil litigation firm in the intellectual property and e-commerce group.

Significant Representative Matters

  • Successfully represented and assisted a large commercial payment card processing company in a data breach notice that affected over 2 million customers.

  • Successfully defended and resolved a multimillion dollar trademark and dilution lawsuit in the 9th Circuit that included obtaining dismissal of the dilution claim.

  • Obtained complete denial of a temporary and permanent injunction motion after a weeklong injunction hearing in a trademark dispute over a well known East Coast antique show brand.

  • Successfully resolved several copyright infringement claims by an international music recording association against various entertainment venues.

  • Obtained dismissal of all claims against a website developer on the first day of trial in a matter where plaintiff alleged significant lost profits after a new customer ordering platform was installed for plaintiff's website.

  •  Successfully resolved a significant copyright infringement claim by the heirs of a famous European author against a theater where plaintiff attempted to enjoin national theater production and claim past and future profits.

  • Defeated vicarious liability claims for trademark infringement by luxury handbag manufacturer against the owner of a large retail shopping center.  All claims were dismissed after a summary judgment motion was filed.

  • Obtained voluntary dismissal of trade secret and theft of confidential information matter where the initial demand was over $300,000 by demonstrating that no trade secrets existed in the plaintiff's manufacturing process.

  • Successfully obtained summary judgment in an architectural copyright infringement action by demonstrating that client did not infringe on the plaintiff's drawings for a country club.

  • Successfully defended international chemical company in temporary and permanent injunction hearings regarding stolen trade secrets and hiring of former plant manager. 

Representative Cases

  • Longenecker-Wells v. Benecard Services, No. 15-3538, 2016 U.S. App. LEXIS 15696 (3d Cir. Aug, 25, 2016).

  • Gianacopoulos v. Glen Oak Country Club, 2007 U.S. Dist. LEXIS 7710 (M.D. Pa. 2007)

  • Luszczynski v. Bradley, 729 A.2d 83 (Superior 1999)

Classes/Seminars Taught

  • Emerging Global Cyber Ransom Threats Require A Strategic Response From The C-Suite, A.M. Best Insurance Law Podcast, July 2018

  • Cyber Claims: What to Do?, National Conference of Insurance Guaranty Funds, November 2017 

  • Data Breaches Come in All Sizes, Beacon Technologies, April 26, 2017 

  • Cyber: Global Perspectives, Insurance Law Global, International Insurance Defence Network Conference, March 2017 

  • Cyber Security for the C Suite, panelist, SIM, February 7, 2017

  • Ethical and Statutory Concerns for Law Firms,  webinar panelist, Bloomberg & CNA Insurance, November 2, 2016

  • Cybersecurity for the C Suite, panelist, Tatum, October 26, 2016

  • Cybersecurity: Emerging Trends and the Current Regulatory Environment for Independent Financial Advisors and Independent Financial Services Firm, Financial Services Institute (FSI) webinar, September 22, 2016

  • The Changing Landscape of Cyber Liability Litigation, ACI’s 13th Advanced Forum on Cyber & Data Risk Insurance, July 29, 2016

  • Attorney Client Privilege Issues Arising out of Data Breaches, Breach Responses, and Subsequent Third Party Litigation, ACI Data Breach & Privacy Litigation and Enforcement Conference, March 18, 2016

  • Developments and Emerging Trends in the Legal and Insurance Areas of Cybersecurity, Travelers Insurance, February 2016

  • A Legislative Update From the Front Lines, DRI Data Breach and Privacy Law Conference, November 4, 2015

  • Litigation Roundup Including Recent Supreme Court Developments on Article III Standing, Injury, Damages (Spokeo v. Robins), Class Actions, and Data Breach Litigation, ACI's 17th Advanced Global Legal & Compliance Forum on Cyber Security & Data Privacy and Protection, October 5, 2015

  • Cyber Liability Insurance: New Risks & Emerging Trends, Insurance Brokers' Association of the State of New York (IBANY), September 16, 2015

  • Liability Concerns for Architects, Engineers and Construction Professionals: Pennsylvania Intellectual Property Overview, Marshall Dennehey Client Seminar, July 2015

  • Online Ethics: Blawgs, Directory Listings, Q & A Forums & Social Media Use and Confidentiality and Data Security, National Business Institute, April 2015

  • Cyber Hackers Are Everywhere! Are You Prepared? Philly I-Day, April 9, 2015

  • Current Trends in Data Breach First and Third-Party Claims and Litigation, American Conference Institute's Cyber & Data Risk Insurance conference, March 24, 2015

  • Hot Topics in Employment, Assurex Loss Control & Claims Conference, October 22, 2014

  • Cyber Technology, Data Breaches and Related E&O Trends, Claims and Coverage, moderator and speaker, 8th Annual ExecuSummit E&O Insurance Conference, June 2014

  • Cyber Liability Exposures, Every Business Has Them, Panelist, PLUS Mid-Atlantic Chapter Seminar, May 2014

  • Hot Topics in Employment, Marshall Dennehey / AIG Seminar, Philadelphia, PA, October 10, 2013

  • Employment Liability in the Cyber Age, Marshall Dennehey / AIG Employment Seminar, Pittsburgh, PA, May 2, 2013

  • Cyber Liability Claims, Coverage Issues, panel speaker, 2nd Annual National Cyber Liabilities Insurance ExecuSummit, 2013

  • Data Privacy Risk: Red Flags in Higher Education, ASFAA Annual Conference, 2012

Published Works

Media Commentary

Education

  • Widener University School of Law (J.D., 1994)

  • Denison University, Granville, OH (B.A., 1990)

    Major: Political Science

Pages

Defense Digest Article September 1, 2019
Defense Digest, Vol. 25, No. 3, September 2019 By David J. Shannon, Esq.* Data breach and privacy claims are now a daily occurrence in the lives of millions of Americans. These incidents lead to incredibly high costs and public relations disasters..., Defense Digest, Vol. 25, No. 3, September 2019. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Defense Digest Article December 10, 2018
Defense Digest, Vol. 24, No. 4, December 2018 Marshall Dennehey is proud to be one of the four founding law firm members of the Insurance Law Global (ILG) network, a multi-jurisdiction legal network that provides global services to..., Defense Digest, Vol. 24, No. 4, December 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Law Alerts November 26, 2018
PA Supreme Court: Companies Have a Common Law Duty to Protect Their Employees' Personal Information By David J. Shannon, Esquire        The Pennsylvania Supreme Court recently ruled that businesses have a common law duty to..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Law Alerts March 16, 2018
Uber Sued by Pennsylvania State Attorney General Over Unreasonably Late Data Breach Notification By David J. Shannon, Esquire This week the Pennsylvania State Attorney General's Office filed a lawsuit against car sharing business Uber for..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Law Alerts February 6, 2018
OCR Announces $3.5 Million Settlement With a Medical Provider for Five Separate Data Breaches By David J. Shannon, Esquire Fresenius Medical Care North America (FMCNA) and the Office of Civil Rights (OCR) have entered into a $3.5 Million..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Law Alerts January 19, 2018
OSU Center for Health Sciences Announces Fourth Largest Health Care Breach of 2017 By David J. Shannon, Esquire The Oklahoma State University Center for Health Sciences (OSU-CHS) just publicly announced a November 2017 data breach that resulted..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Law Alerts December 4, 2017
Edited by David J. Shannon, Esq. Despite the Smell, No Counterfeiting Found in Perfume Trademark Infringement Case   A New York federal judge recently found in favor of Coty, Inc., the producer of high-quality perfumes associated with Calvin..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...,    
Law Alerts August 1, 2017
Florida Decision Shows Dissimilarities Outweigh Similarities in Copyright Claims   General liability carriers have long faced considerable exposure in copyright cases under the Personal & Advertising Injury coverage sections of the..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Law Alerts May 19, 2016
edited by Allison L. Krupp, Esquire Motion to Sever and Stay the Bad Faith Claim from the Breach of Contract Claim Denied; The Two Claims Should Proceed to Trial Simultaneously. By Allison L. Krupp, Harrisburg, PA Wagner v. Allstate Ins. Co.,..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...

Pages

Dec 6, 2016
We obtained a favorable decision from the Third Circuit Court of Appeals in a data breach class action lawsuit. The plaintiffs and the proposed class members were employees and customers of an on-line prescription drug company. The company was...
Aug 25, 2016
Obtained a non-suit after a three-week bench trial spread over several months in Bucks County, Pennsylvania. Our client was a third-party defendant in a multi-million dollar breach of contract claim related to an ERP software implementation. The...
Seminar May 2, 2013
Join us for this unique presentation on cutting edge employment issues. The seminar will feature a mock trial "Social Media on Trial - How Social Media Affects Employers" and a panel discussion "Cyber Data Breach - The Latest...
Conference Mar 24, 2014
David J. Shannon, co-chair of Marshall Dennehey's Privacy & Data Security Practice Group, will be a featured speaker at the ACI's Cyber & Data Risk Spring Conference, held March 24 - 25 in Chicago. The forum will focus on the right...
Conference Jun 17, 2014
David Shannon will discuss E & O Cyber Liability at the 8th Annual E & O Insurance ExecuSummit, to be held June 17 - 18 in Uncasville, CT. Additionally, Jeffrey Chomko will participate on a panel discussing Insurance Agents & Brokers E...
Conference Apr 9, 2015
David Shannon will be a featured speaker at Philly I-Day 2015, to be held April 9 at the Pennsylvania Convention Center. Mr. Shannon and a distinguished speaker panel will present, "Cyber Hackers Are Everywhere - Are YOU Prepared?" Philly...
Seminar Apr 27, 2015
Event Description: This course compiles the toughest current challenges attorneys face in protecting their professional reputations. Click here for more information and to register! Who Should Attend? This basic-to-intermediate level ethics...
Seminar Sep 16, 2015
David Shannon will present at IBANY's Cyber Liability seminar on Wednesday, September 16. Presentation Highlights: As cyber insurance transitions from a discretionary to an essential coverage, underwriters are challenged with properly...
Conference Oct 5, 2015
David Shannon will speak at the American Conference Institute's (ACI) 17th Advanced Global Legal and Compliance Forum on Cyber Security and Data Privacy & Protection in Houston on October 5, 2015. David and his fellow panelists will present...
Conference Mar 17, 2016
David Shannon will be a featured speaker at the ACI's Data Breach & Privacy Litigation & Enforcement Conference, to take place March 17 - 18 at the Union League in Philadelphia. For more information, please click here.
Conference Jul 29, 2016
David J. Shannon will be a featured speaker on day 2 of the ACI Cyber & Data Risk Insurance where he will discuss the changing landscape of cyber liability litigation. 
Seminar Sep 28, 2017
When it comes to cybersecurity, everything comes at a price.   Whether your organization’s mentality is to insure against it, guard against it, or simply accept the risk, your choices can cost you dearly.   Beyond the direct...
Conference Nov 1, 2017
David Shannon, Shareholder and Chair of our Privacy and Data Security practice group, along with other industry professionals will present on the topic of Cyber Liability: The Claim Perspective. This presentation will focus on exposures to...

Education

  • Widener University School of Law (J.D., 1994)
  • Denison University (B.A., 1990)

Bar Admissions

  • New Jersey, 1994
  • Pennsylvania, 1994
  • U.S. Court of Appeals 3rd Circuit, 1998
  • U.S. District Court Eastern District of Pennsylvania, 1998
  • U.S. District Court of New Jersey, 2000
  • U.S. District Court Middle District of Pennsylvania, 2006

Associations & Memberships

  • DRI, Data Management & Security Committee
  • Pennsylvania Bar Association, IP Law Section, Past Chair
  • Philadelphia Bar Association

Year Joined Organization: 2005


Fraternities/Sororities

  • Phi Delta Theta

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