David J. Shannon

Chair, Privacy and Data Security
Chair, Intellectual Property, Technology and Media Litigation
Shareholder

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

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

“Insurance Law Global: Emerging Global Cyber Ransom Threats Require a Strategic Response From the C-Suite - Episode #143,” Defense Digest, December 2018, Vol. 24, No. 4

"The Impact of EU Rulings on the Cyber Landscape," Global Reinsurance, October 14, 2015

"Are Hackers Secretly Stealing Your Practice?" The Legal Intelligencer, Cybersecurity Supplement (page 8), June 23, 2015

"New Year's Resolutions? For Financial Firms and Advisors, Cybersecurity Should Top the List," Aon Advisor Solutions newsletter, Winter 2015

"How to Minimize the Threat of the Dreaded Data Breach," Catalyst, Winter 2013/2014, publication of the Pennsylvania Chamber of Business and Industry

"How to Avoid Liability for Comments Posted on Your Company's Website," Mondaq.com, 2012 and AgentsofAmerica.com, 2012

"In A Copyright Infringement Action, a Secondarily Liable Defendant Is Only Responsible For One Statutory Damage Award," Pennsylvania Bar Association Intellectual Property Newsletter, 2011

"Starbucks v. Charbucks: Substantial Similarity Is Not Required To Prove Dilution By Blurring," Intellectual Property Law Newsletter, Pennsylvania Bar Association, Summer, 2010

Media Commentary

'The Cost of Cybersecurity: Risks and Responses on the Rise," The Legal Intelligencer, February 17, 2015

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
Education
Widener University School of Law (J.D., 1994)
Denison University (B.A., 1990)
Honors & awards
Pennsylvania Super Lawyers
2005
Associations & memberships
Defense Research Institute (DRI), Data Management & Security Committee
Pennsylvania Bar Association, IP Law Section, Past Chair
Philadelphia Bar Association
Year joined
2005