Attorney Profile
David J. Shannon
Areas of Practice
Contact Info
Overview
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 with an emphasis on 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 25 years, he has tried a number of bench trials, jury trials, and arbitrations.
Results
Prevailed on a Motion to Dismiss in a data breach class action in the Eastern District of Pennsylvania. Sixteen named plaintiffs brought claims alleging that a hacker had accessed the personal information of over 1,000,000 individuals nationwide. We defended the debt collection company whose computer servers were compromised. Plaintiffs asserted broad and novel legal theories, including negligent failure to protect data, breach of implied contract, invasion of privacy, negligence per se, and violations of various state consumer protection laws. We successfully contested these claims, resulting in the dismissal of eight plaintiffs for lack of standing and 15 of the 17 asserted causes of action being dismissed.
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.
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)
Thought Leadership
PLUS Podcast, Managing Cybersecurity Threats in 2024, Episode 2: SEC Amendment's Impact on Compliance and Reporting, July 2024
PLUS Podcast: Managing Cybersecurity Threats in 2024, Episode 1: The Persisting Threat of Ransomware, February 27, 2024
PLUS Podcast: Managing Cybersecurity Threats in 2023. Episode 2: The Current State of Ransomware Attacks in 2023. April 2023
Critical Infrastructure – A Global View on Cyber Risk and Systemic Threats, ILG 360º London Annual Conference 2023, March 15, 2023
Business Email Compromise & Wire Transfer Fraud - Evolving Trends and Cyber Crime, Marshall Dennehey Client Webinar, Presented to Multiple Clients, 2022
Ransomware Attacks: An Ongoing Global Threat, Marshall Dennehey Client Presentation, Presented to Multiple Clients, 2022
Ransomware Attacks: An Ongoing Global Threat, ILG Virtual Conference, March 31, 2022
Cybersecurity: Crucial for a Law Firm’s Survival, Moderator, Philadelphia Association of Defense Counsel, November 16, 2021
Civil Litigation Updates in COVID-19 Litigation – Where Do We Stand One Year Later? Marshall Dennehey Webinar, May, 2021
Ransomware Attacks: An Ongoing Global Threat, ILG Virtual Conference, March 25, 2021
Cyber Security & Construction, National Association of Women in Construction, November 2020
Speaking Up on Silent Cyber, A.M. Best Webinar Panelist, May 2020
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
"Cybersecurity Threats: A Year in Review and a Look Ahead," The Legal Intelligencer, December 19, 2023.
“Kaseya Data Breach Is Another Signal to Cyber Underwriters About the Dangers of Ransomware Attacks,” Defense Digest, Vol. 27, No. 4, September 2021
"Cyber Threats: Why the Construction Industry Could be the Next Big Target," The Legal Intelligencer, Construction Law Supplement, August 12, 2021
"Kaseya Data Breach is Another Signal to Cyber Underwriters about the Dangers of Ransomware Attacks," PLUS Blog, July 19, 2021
“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
"Weightmans LLP & Insurance Day Cyber Risk Survey Report," remarks on page 12. November 2015
"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
"Financial Advisor Forecast: Stormy, With Scattered Data Breaches," Financial Advisor, June 23, 2014
"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
'The Cost of Cybersecurity: Risks and Responses on the Rise," The Legal Intelligencer, February 17, 2015