John F. Mullen

John Mullen has been licensed in Pennsylvania and New Jersey since 1991, and leads Nelson Levine de Luca & Hamilton’s Privacy & Data Security Practice Area Group.

Mr. Mullen has a personal focus on preparation for and defense of network security and privacy data breach events. He has presented on network and data security issues for insurers and brokers via national webinars and presentations for organizations including NetDiligence, ACI, CPCU, RIMS and PLUS. Mr. Mullen has also had numerous articles on cyber/data loss published in various periodicals including several articles in Best’s Review.

Mr. Mullen’s privacy and data security practice centers on immediate and comprehensive response to data loss events, ideally post-event, but prior to suit. Through this approach, Mr. Mullen concentrates on determining the scope of data loss through forensics, providing advice on customer and government notification, public relations management, analyzing data/document handling and retention compliance, as well as managing appropriate customer remedies, litigation hold/e-discovery requirements, indemnity shifting analysis, class action and multi-district litigation (MDL) issues.

Specifically, Mr. Mullen serves as Breach Coach Advisor and uses a pool of independent third-party professional service providers who have the capabilities and experience to help organizations and businesses execute their data breach response. In this role, Mr. Mullen provides data breach consultation services and assists insureds as they manage the firms needed to address a data breach event such as firms handling computer forensics, notifications, call centers, public relations, crisis communications, fraud consultation, credit monitoring and identity restoration. 

Professional Associations and Memberships:

• Federation of Defense & Corporate Counsel, Member
• Defense Research Institute, Member, Steering Committee; Vice Chair, Social Media
• Council on Litigation Management

Speaking Engagements:

• "Cyber Risk", Insurance Data Management Association (IDMA) 2012 Annual Meeting & Seminar , April 3, 2012
• "Privacy and Data Security Risks Under the Insurance Umbrella", Philadelphia I-Day: Finding Advantage in a World of Change, Panelist, March 22, 2012
• "Network Security and Privacy Panel", Media Financial Management Association (MFM) 2012 CFO Summit , February 22, 2012
• "Cyber Liability The Sequel: One Year Later, What's Changed?", A.M. Best Company Webinar, February 1, 2012
• "The Globalization of Privacy Legislation", Professional Liability Underwriters Society (PLUS) 2011 International Conference, November 3, 2011
• "State of the Cyber Nation Address", NetDiligence West Coast Cyber Risk & Privacy Liability Forum, Panelist, October 4, 2011
• "Assessing and Responding to a Data Breach: From Start to Finish", American Conference Institute (ACI) 5th Annual Advanced Forum on Cyber & Data Risk Insurance, Co-Presenter, September 27, 2011
• "Pharma 101: Understanding the FDA and the Interplay between Drugs, Generic Manufacturers and Mensing", Hot Topics in Insurance Claims: Current Issues Impacting the Industry, Co-Presenter, September 15, 2011
• "Data Security and Cyber Liability Update", HB Litigation & Lexis Nexis, June 15, 2011
• "State of the Cyber Nation Address", 2nd Annual NetDiligence® Cyber Risk & Privacy Liability Forum, June 9, 2011
• "Privacy and Network Risk Exposures, Court Cases, Insurance and More", CPCU Society Webinar, May 26, 2011
• "Data and Network Security (Cyber) Risk Identifying, Assessing and Combating the Exposures", TMPAA Mid-Year Meeting, May 11, 2011
• "A Discussion on Legal and Technology Risk Management & Risk Transfer", Risk and Insurance Management Society (RIMS), Delaware Valley Chapter, Co-Presenter, February 8, 2011
• "What Professionals Should Know About Cyber Liability", A.M. Best Company Webinar, January 27, 2011
• "Data Breach Preparedness - Understanding the Risk and Preparing for the Crisis", In-House Presentation for an International Insurer, January 26, 2011
• “Electronic Media (Cyber) Litigation”, CPCU Society, Philadelphia Chapter, October 19, 2010
• “Data & Network Security (Cyber) Risk- Identifying, Assessing and Combating the Exposures”, CPCU Society Annual Meeting, September 28, 2010
• “Assessing the Impact of Recent Litigation Over Privacy/Security Breaches Current Theories of Liability and Claims”, Cyber and Data Risk Insurance, September 27, 2010
• “Cyber Liability in the Health Care Sector: Best Practices for Risk Management and Identifying Industry- Specific Exposures”, Webinar, July 21, 2010
• “Issues in Risk Management: Privacy and Data Breach Understanding the Risk and Managing a Crisis”, July 20, 2010
• “Risk Management for Data Security and Privacy Exposures”, Webinar, July 15, 2010
• “Network Security and Data Privacy: Past, Present and Future”, July 13, 2010
• “Data Breach Liability: An Unstable Legal Environment”, HB Litigation, The NetDiligence® Cyber Risk & Privacy Liability Forum, June 7, 2010 - June 8, 2010
• “Issues in Risk Management: Privacy & Data Breach - Understanding the Risks and Managing a Crisis”, New York Chapter - RIMS, May 20, 2010
• “Positioning to Win”, In-House Presentation for an International Insurer, May 18, 2010
• “Issues in Risk Transfer: Contractual and Common Law Indemnification”, Webinar, May 18, 2010
• “Network Security and Data Privacy: Past, Present and Future”, In-House Program for an International Insurer, May 5, 2010
• “Data Breach Events: Before and After”, Webinar, May 5, 2010
• “The Risk Managing of Data Security & Breaches in Health Care”, Webinar, March 31, 2010
• “Online Social Networks and Cyber Risk? Here in the Facebook Era the Topic is Looming Large as is the Interface with Policyholders, Carriers and Cyber Risk Coverages”, 2010 ABA/TIPS ICLC Meeting, Co-Presenter, February 25, 2010 - February 27, 2010
• “Network Security/Cyber Law”, Webinar, February 24, 2010
• “Network Security and Privacy 101: An Introduction and Primer on Information Loss”, RIMS Ohio River Valley Chapter, February 19, 2010
• “Data/Cyber Risk: Assessing, Identifying & Combating the Exposures”, NLdH Complex Litigation Seminar, November 5, 2009
• ACI Cyber/Data Risk Insurance Conference, Featured Speaker, Philadelphia, PA, September 16, 2009 - September 17, 2009
• “Cyber Law”, Professional Liability Underwriting Society, August 7, 2009
• “Chinese Drywall Litigation and Insurance Coverage Update”, July 28, 2009
• “Chinese Drywall Litigation”, Lawyer2Lawyer, July 15, 2009
• “Chinese Drywall Litigation”, HB Litigation Conferences, June 2, 2009
• “Preparing for the Inevitable Data Breach” Video Podcast, ACE USA, April 1, 2009
• “Reducing Litigation Risk in a Digital Age”, ACG of Iowa, January 15, 2009
• “Contracts”, Delaware Valley Association of Structural Engineers, October 15, 2008
• “Information and Technology Risk: Challenges for a Connected World”, Gallagher Risk Management Services, June 16, 2008
• “How E-Mail is Raising Your Lawsuit Risk”, National Electrical Contractors Association, May 16, 2008
• “What You Need to Know to Avoid, Prepare For, Afford, Survive and Succeed in a Lawsuit”, Delaware Valley Association of Structural Engineers, April 30, 2008
• “How Electronic Document Management has Revolutionized the Construction Industry and How It will Impact the Future”, General Building Contractors Association, 2008
• “A Practical Guide For Preparing For and Managing a Lawsuit”, National Demolition Association, 2008
• “E-Discovery”, ISOTECH, 2007
• “False Claims and Compliance Issues”, Florida Institute of Construction CPAs, 2007
• “How E-Mail is Raising Your Lawsuit Risk: Reducing Litigation Risk in the Digital Age”, Association of Pennsylvania Contractors, 2007
• “E-Mail Retention in Litigation and Pre-Litigation”, Maryland Highway Contractors, 2007
• “E-Discovery and Document Retention”, Vecellio Group Annual Meeting, 2007

Published Works:

Future of Data Breach Class Actions After 'Anderson', New York Law Journal, Co-Author, April 12, 2012

Digging Deep: Fracking Litigation Trends, Claims Magazine, Co-Author, February 1, 2012

[Cyber] Space Invaders, Best's Review, Co-Author, December, 2011

Aspatore Thought Leadership: Insurance Law 2011, Co-Author, Aspatore Books, 2011

Recognizing the Complexities of E-Discovery Preservation, E-Discovery Connection, Co-Author, December 22, 2010

New Interpretations of the Identity Theft Enforcement and Restitution Act Could Present Risks for Insurers, Best's Review, August, 2010

Reducing Liability for Insurers in Disaster Coverage Events, Inside the Minds, Strategies for Structuring Insurance Disaster Coverage, Aspatore Books, 2009

Risk Management 101, Best's Review, 2008

The Electronic Paper Chase: What You Don't Save Can Hurt You, Constructor, 2008

Insurance Coverage is Not One Size Fits All, ForConstructionPros.com, 2008

Sorting Out Liability After a Disaster, Structure, 2007