Nicholas P. Mooney II
Chair, Technology Practice Group | Member
Charleston, WV
office 304.340.3860
mobile 304.549.8594
  • Overview
  • Services
  • Distinctions
  • Admissions
  • Memberships
  • Publications & Presentations
  • Resources
  • Results

Mr. Mooney's primary areas of practice are cyber security, data privacy, and data breaches, and financial services litigation. He has represented clients in responding to data breaches involving as few as 7 individuals and as many as several thousand. He also has represented clients in litigation resulting from data privacy and data breach issues. In addition to his cyber security, data privacy, and data breach work, Mr. Mooney has represented clients for over two decades in litigation and government investigations related to financial services issues.

Education

  • Marshall University, B.A., cum laude, 1993
  • West Virginia University, J.D., 1996

Experience

  • Representing clients in response to data breaches involving as few as seven individuals and as many as several thousand
  • Coordinating all aspects of responses to data breaches, including managing forensic investigators and other consultants, determining and fulfilling obligations imposed by Business Associate Agreements, managing the creation and sending of notification letters, managing substitute notice, reporting to law enforcement and other government entities, and coordinating with insurance claims representatives
  • Responding to inquiries from the U.S. Department of Health & Human Services' Office of Civil Rights and Federal Bureau of Investigation regarding data breaches
  • Preparing data privacy and cyber security policies and procedures
  • Assisting clients with performing data privacy and cybersecurity risk assessments
  • Representing clients in litigation resulting from data privacy and data breach issues
  • Representing clients in complex breach response matters, including with HIPAA entities, and multi-state breaches
  • Representing and counseling clients regarding numerous federal and state consumer protection laws, including the Fair Debt Collection Practices Act, Gramm-Leach-Bliley Act, Financial Privacy Act, The Maxwell Governmental Access to Financial Records Act, and the West Virginia Consumer Credit and Protection Act
  • Defending financial institutions and other creditors in litigation involving alleged violations of state and federal consumer protection laws in connection with home mortgage loans, reverse mortgages, unsecured loans, automobile financing, credit card accounts and consumer credit sales
  • Representing clients in investigations by the State Attorney General regarding alleged violations of consumer protection laws
  • Serving as national counsel and managing local counsel in litigation involving state and federal consumer protection laws pending in various states
  • Practiced in many diverse areas of litigation, including corporate finance, product liability, professional liability and criminal defense
  • Represented several business entities within and around West Virginia in connection with acquisitions, government compliance, government relations and employee disputes
Compliance, Privacy & Investigations Consumer Finance Cybersecurity & Data Protection Education Law Energy Law Litigation Technology

Distinctions

  • Named the Best Lawyers® "Lawyer of the Year" in Charleston, W.Va. for Litigation - Banking and Finance in 2020 and for Financial Services Regulation Law in 2021 and 2023
  • Nominated by his peers for inclusion in The Best Lawyers in America in the areas of Financial Services Regulation Law and Litigation - Banking and Finance
  • Listed in West Virginia Super Lawyers

Admissions

  • West Virginia State Bar
  • West Virginia Supreme Court of Appeals
  • United States District Courts for the Northern and Southern Districts of West Virginia
  • United States Court of Appeals for the Fourth Circuit
  • United States Supreme Court

Memberships

  • National Creditors Bar Association Defense Bar Committee
  • National Creditors Bar Association Amicus Brief Committee
  • ACA International, West Virginia State Chair, 2020 - present
  • Mid-Atlantic Collectors Association, West Virginia State Chair, 2020 - present
  • Past President, Kanawha County Bar Association
  • Judge John A. Field, Jr. American Inn of Court

Publications & Presentations

  • Frequent contributor to West Virginia Banker magazine, authoring articles about consumer finance litigation in West Virginia
  • Co-presenter, "War in Ukraine: Impacts on the Banking & Financial Sector in Europe and North America," World Services Group Banking & Finance Group webcast, April 21, 2022
  • Podcaster, "Consumer Litigation Landscape After the 2015 Amendments to the WV Consumer Credit and Protection Act," Spilman Insights podcast, January 2020
  • Guest Speaker, "Litigation Landscape in West Virginia: What Debt Collectors Should Know About the 2015 Amendments to the Consumer and Credit Protection Act," ACA Cast, ACA International, September 2019
  • Co-author, "How will the West Virginia Court rule in the wake of Concepcion and Marmet?" West Virginia Trial Counsel Annual Meeting Notebook, April 2012
  • Co-author, "The Decline of Dunlap: Enforcement of Arbitration Provisions in Consumer Contracts are Gaining Ground in West Virginia," March 2011
  • Author, "Preparing Your Witnesses to Testify," June 2010
  • Co-author, "Post-Cuomo: The Floodgates Have Not Opened and Watters Still Predominates," December 2009
  • Co-author, "Attorney General Objections to Proposed Class Action Settlements Under the Class Action Fairness Act of 2005," January 2009
  • Co-author, "Summary of the Consumer Finance Investigations and Actions of the Attorneys General for all States and the District of Columbia During the Years 2006 - 2008," January 2009
  • "Student Lending: Enforcement Action and Ensuing Private Litigation," American Conference Institute's 18th National Forum on Consumer Finance Class Actions and Litigation, April 2014
  • "Interchange Fees, the Durbin Amendment and Litigation Surrounding Interchange Fees (Update on the Law)," and "The Use of Remote Starter Interrupt Devices and GPS Devices in the Servicing, Collection and Repossession of Automobile Debts," American Conference Institute's 15th Annual National Conference on Consumer Finance Class Actions and Litigation, January 2013
  • "Interchange Fees on Debit and Credit Cards, the Durbin Amendment to the Dodd-Frank Act, and Litigation Surrounding the Durbin Amendment," American Conference Institute's 14th Annual National Conference on Consumer Finance Class Actions and Litigation, July 2012
  • "Preparing Clients, Lay Witnesses, and Expert Witnesses to Testify at Deposition and Trial," Institute for Paralegal Education, June 2010
  • "Tips for Effective Settlement Negotiations and Mediation," Institute for Paralegal Education, June 2010
Decoded - Technology Law Insights, Volume 3, Issue 19 Decoded - Technology Law Insights, Volume 3, Issue 18 All Consuming - Financial Litigation Insights, Volume 3, Issue 9 Decoded - Technology Law Insights, Volume 3, Issue 17 Promissory Notes - Banking & Finance Insights, Volume 2, Issue 8 Numerous Spilman Attorneys Recognized by Best Lawyers, Lawyers of the Year, Ones to Watch 2023 Decoded - Technology Law Insights, Volume 3, Issue 16 All Consuming - Financial Litigation Insights, Volume 3, Issue 8 Decoded: Technology Law Insights - Issue 15, 2022 Decoded - Technology Law Insights, Volume 3, Issue 14 Summary Judgment Granted in Class Action Against Spilman Client Spilman Gets Summary Judgment in One of the First Reverse Mortgage Cases in WV Spilman Appellate Win Important for Defense Against Future WVCCPA Claims Spilman Secures Complete Defense Verdict for Insurance Client Following a Seven-Figure Demand