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  • Wylie Donald of McCarter & English discusses the cyber risks facing utilities and other businesses today

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Education

  • J.D., Columbia Law School, 1993, Harlan Fiske Stone Scholar
  • B.A., Rice University, 1984

Bar Admissions

  • District of Columbia
  • Florida
  • Maryland
  • Massachusetts
  • New Jersey
  • New York
  • Pennsylvania

Court Admissions

  • U.S. District Court, District of Maryland
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Southern District of New York
  • U.S. Court of Appeals, Fourth Circuit

Memberships & Affiliations

ABA Tort, Trial and Insurance Practice Law Journal, former Editor-in-Chief

Maryland State Bar Association

New Jersey State Bar Association, Environmental Section, Past Chair

American Bar Association

Risk & Insurance Management Society

J. Wylie Donald

Partner
  • T: 202.753.3352
    F: 302.220.4608

Mr. Donald counsels and litigates for clients on insurance coverage, environmental and products liability matters.

Mr. Donald has successfully pursued claims under property, general liability, trucking, malpractice, E&O and D&O policies against primary, umbrella and excess carriers, captive insurers, state guarantee funds, insurers-in-rehabilitation and reinsurers. He has tried cases and argued appeals in the state courts in New Mexico, New Jersey and Maryland, conducted private arbitrations and mediations, and argued motions in federal courts across the nation. Most recently he secured a $10 million jury verdict in an environmental insurance coverage case concerning past mining practices.

His hard-fought, multi-year litigations have yielded numerous eight-figure settlements for his clients in products liability and property damage insurance coverage cases. In an environmental case, where the carriers asserted notice was over a dozen years late, he obtained a settlement of almost 90 cents on the dollar. In other cases, a laser-like focus has yielded outstanding results. In a case against a state guarantee fund, careful procedural planning resulted in a recovery of 95% three months after the complaint was filed. In another case, a motion for partial summary judgment—without taking any discovery—was sufficient to obtain 100% recovery.

Mr. Donald came to insurance coverage law from the firm's Environmental Group, in which he is still active. In a contentious groundwater contamination case, he obtained a multi-million dollar recovery, including 100% of future remediation costs and a substantial sum toward past costs. He has had success across the full range of environmental alphabet soup including RCRA TSDFs, PCBs, TCE and PCE, UAOs and ECRA/ISRA, among others. Mr. Donald also counsels and litigates on mold and radiation issues.

Mr. Donald co-chairs the firm's Climate Change and Renewable Energy Practice. He draws on his substantial environmental experience, his prior non-legal technical work, and his deep involvement in risk management to assist clients in understanding and controlling the coming regulatory and non-regulatory impacts of climate change. His article, Climate Change and the D&O Pollution Exclusion, 41 Tort, Trial & Ins. L.J. 1033 (Summer 2006), is one of the first to extrapolate climate change legal impacts outside of the regulatory area.

Mr. Donald has published on cyber risk, insurance, climate change, identity theft, mold and radiation-related topics in both scholarly and trade publications. As a lecturer he has addressed climate change, e-discovery, mold experts, ethics issues, and internet liabilities. He has also moderated panels on environmental topics. He co-authors a blog maintained by the firm at http://www.climatelawyers.com/.

Mr. Donald served in the U.S. Navy from 1984-1989. Qualified in submarines, he was the mid-watch OOD on board USS Augusta (SSN 710).

Representative Matters

Represented policyholders in claims under property, general liability, trucking, malpractice, D&O and reinsurance policies.
Represented insureds in claims against primary, umbrella and excess carriers, State guarantee funds, insurers-in-rehabilitation, and reinsurers.
Major Professional Sports Franchises
Advised major professional sports franchises on scope and issues involved in purchase of Owner and Contractor Controlled Insurance Programs (OCIP/CCIP).
Successfully pursued coverage for landfills, groundwater contamination, fuel spills, pharmaceutical liability, impaired beverages, asbestos and malpractice.
Resolved numerous coverage cases utilizing policy buybacks, site releases, claim releases and coverage-in-place agreements.
Chemical Manufacturer
Represented defendant chemical manufacturer in connection with drum disposal and stigma claims by property owner – summary judgment obtained.
Represented plaintiff buyer in groundwater contamination case and obtained payment of 100% of future remediation costs.
Successfully resolved groundwater contamination case using "guaranteed remediation" contract as part of settlement.
Arbitrated fuel oil contamination case with arbitration award twice adversary's settlement offer.
Represented municipality in successful opposition to proposal to site dredge spoils disposal facility.
Represented appliance manufacturer in Texas mold claim.
Represented radar manufacturer in international class action.
Represented industrial baler manufacturer in personal injury claim.
Annapolis Towne Center at Parole LLC v Estate of A. John Briscuso, et al., Civ. No. AMD-05-CV-284 (D. Md.) (cost recovery action)
Benjamin Moore & Co. v. Aetna Cas. & Sur. Co., 179 N.J. 87, 843 A.2d 1094, 2004 (amicus curiae in allocation of deductibles in continuous trigger environmental pollution cases)
Blum v. General Electric, 547 F. Supp. 2d 717 (W.D. Tex. 2008) (radar products liability case)
Coaldale Energy LLC et al. v. RSUI Indemnity Co., 2009-cv-10833-RWZ (D. Mass.) (D&O coverage)
Coca-Cola Enterprises v. Allianz Insurance Co., No. 1:01-CV00152(TWT) (N.D. Ga.) (property damage and business interruption)
Crackau v. Lucent Technologies, 2003 WL 21665135, , D.N.J., June 25, 2003 (No. Civ. 03-1376(DRD) (radar products liability case)
Employers Mutual Casualty Co. v. Owens Insurance Ltd., et al., No. MRS-C-51-96 (N.J. Sup. Ct.) (reinsurance for asbestos loss)
Giuffre Hyundai, Ltd. v. Maiden Specialty Ins. Co., No. 13 Civ. 1777(RA) (S.D.N.Y.) (Sandy-related property damage)
In the Matter of Stauffer Management Co. v. New York State Dep't of Environmental Conservation, Index No. 6452-11 (N.Y. Sup. Ct.) (challenge to oversight costs)
Kemper Indemnity Ins. Co. v. Chattem Inc., et al., No. 1:03-CV-264 (E.D. Tenn.) (medication products liability)
Levy et al. v. 2605 S. Federal Highway, LLC et al., (Palm Beach County, Fla. 15th Jud. Cir. Ct.) (real estate dispute)
Monmouth-Ocean Educational Services Commission v. New Jersey School Board Association Insurance Group, No. MON-L-5555-07 (N.J. Sup. Ct.) (errors and omissions insurance)
NJC Holdings, Inc. v. Berger, No. L-4430-98 (N.J. Sup. Ct.) (groundwater remediation cost recovery)
Sunoco, Inc. v. Island Transportation Corp., Case No. 00-CV-1083 (E.D. Pa.) (State insurance guarantee fund)
United Nuclear Corp. v. Allstate Ins. Co., 149 N.M. 574, 252 P.3d 798 (2012) (environmental insurance coverage)

Recognitions

Climate change and the D & O pollution exclusion. J. Wylie Donald, Loly Garcia Tor, 41 Tort Trial & Ins. Prac. L.J. 1033 (2006); and Climate change liabilities: Got coverage? J. Wylie Donald, 41–JUN Md. B.J. 24 (2008).

News

02/15/17
12/13/15
10/01/15
08/05/15
05/27/15
02/26/15
12/03/14
10/03/14
09/06/14
06/23/14
05/14/14
01/03/14
02/28/13
09/21/12
08/30/12
07/16/12
04/26/12
Wylie Donald quoted in the Environmental Finance concerning the Court sides with the insurance industry in global warming lawsuit
02/05/12
01/26/12
Wylie Donald quoted in Environmental Finance "Carbon Trading Goes West" regarding the long-awaited launch of Western Climate Initiative, the regional N.A. effort to cut greenhouse gas emissions via emissions trading.
09/26/11
Wylie Donald quoted in Business Insurance article, "Steadfast Insurance has no duty to defend in climate suit"
08/09/11
Wylie Donald quoted in The New York Times, "Lawyers Make Insurance Claim in Bid to Prove Damages from Climate Change
05/23/11
Wylie Donald quoted in The New York Times, "Va. Supreme Court to Rule on Insurance Coverage of Warming Claims"
04/27/11
04/25/11
Wylie Donald quoted in Business Insurance article, "High court may toss global warming suit"
02/08/11
11/15/10
Wylie Donald quoted in the Business Insurance article "Slowly Growing Green"
02/22/10
Wylie Donald quoted in National Underwriter's Property & Casualty regarding the United Nations Convention on Climate Change in Copenhagen, Denmark about the uncertain direction insurers are left with regarding their long-term investment goals
01/15/10
Wylie Donald, who presented at a conference held by Monmouth University and the Urban Coast Institute, was quoted in the Asbury Park Press regarding the climate change legal issues posed to those living along the littoral
12/13/09
Wylie Donald was quoted in Business Insurance concerning how in the context of climate change, common law nuisance litigation will be strengthened by the adoption of EPA regulations on carbon dioxide emissions
06/11/08
11/08/07
Wylie Donald to speak at NJSBA Mid-Year Meeting about the Impacts of Global Warming
09/17/07
07/08/07
McCarter & English's Climate Change and Sustainable Development Practice featured in the Newark Star-Ledger and Trenton Times
05/07/07
Wylie Donald quoted in Baltimore Business Journal on climate change practice
04/23/07
Climate-change law unit formed; M&E mentioned in The Bergen Record
04/23/07
Global Warming Heating Up as a New Practice Area - New Jersey Law Journal Features M&E in Climate Change Article
04/19/07
Change In Legal Climate: Newark Star-Ledger Features M&E Practice Area
04/17/07
04/03/07
U.S. Supreme Court Rejects EPA on Climate Change, Carbon Dioxide a Pollutant under Clean Air Act
10/04/06

Speaking

03/30/16
03/22/16
11/05/15
Coal Plant Retirements: Risks and Opportunities, National Rural Electric Cooperative Association
Generation & Transmission Legal Conference, Seattle, WA
10/11/15
09/29/15
14th Kratovil Conference on Real Estate Law and Policy: “Fracking, Energy Sources, Climate Change & Real Estate”
10/20/14
Insurance Topics for Public Power Utilities
American Public Power Associate Legal Seminar
10/23/13
Society of Corporate Compliance & Ethics
10/11/13
Insurance Roundtable of Baltimore
Bonnie Blink, The Masonic Grand Lodge, Hunt Valley, MD
06/22/11
02/02/11
Green Guides, Green Marketing and Greenwashing: The FTC (and Your Insurers) Have Something to Say
McCarter & English Newark Office
10/09/10
Climate Change Liability - Charting the Path to Coverage
Edison Electric Institute Fall Legal Conference in Seattle, WA
09/16/10
Rising Sea Levels and Other Cartographical Risks - Drawing Lines in a Time of Climate Change
East Coast Green Conference, sponsored by the American Institute of Architects, Atlantic City, NJ
02/27/10
Insurance in a Warming Climate: Not Just for Xerophytes
American Bar Association, Tort Trial & Insurance Practice Section, 18th Annual Insurance Coverage Litigation Committee Mid-Year Program, Phoenix, AZ
01/15/10
Climate Change and Cartographical Risk - or - Who's Afraid of Maps Anyway?
Climate Change Impacts & Challenges for New Jersey Businesses & Coastal Communities Conference - Monmouth University and the Urban Coast Institute
06/12/08
The Plaintiff's Side of the Table: Negotiation and Litigation Techniques, Litigating Bad Faith Insurance Claims Seminar
National Business Institute, Wilmington, DE
01/23/08
Cyberliability Insurance
2008 Corporate Counsel Institute, N.J. Institute for Continuing Legal Education, New Brunswick, NJ
06/12/07
Why You Need to Re-Examine Your D&O Insurance Policy
Tackling Global Warming: Challenges for Boards and their Advisors, CorporateCounsel.net Webinar
06/12/07
How (and Why) to Modify Your Contracts: Force Majeure and Much More
Tackling Global Warming Webinar
May 10 & June 7, 2007
Climate Change:  Issues for Business and Industry
McCarter & English, New York and Philadelphia
04/30/07
Hot Topic Briefing:  "Massachusetts v. EPA: The Supreme Court Clears the Air on Climate Change
Practising Law Institute Teleseminar
02/28/07
Before You Take a Sip:  Some Key Differences Between OCIPs and CCIPs
Spencer Fane Britt & Brown, LLP Teleseminar
February 7 & March 27, 2007
Climate Change:  Issues for Business and Industry
McCarter & English, Hartford and Boston
December 2006 - January 2007
Electronic Discovery Sanctions: Bad Faith, Prejudice, or Something Else?
Presented at McCarter & English, New York City, New York, December 5, 2006; Boston, Massachusetts, January 16, 2007; Philadelphia, Pennsylvania
01/23/07
Climate Change and Business Risk: Proactive Action
Practising Law Institute Teleseminar
06/27/06
Expert Witness Testimony:  Practical Applications for Mold Case Law and Depositions
American Industrial Hygiene Association Teleweb Continuing Education Program
04/08/06
Item 303, Rising Sea Levels and the D&O Pollution Exclusion
American Bar Association, Business Law Section, in Tampa, FL
02/22/06
Insuring Computer-Derived Risks
Maryland CIO Roundtable, in Baltimore, MD
05/21/05
Air Sampling for Mold:  A Litigation Perspective (PDC 102)
American Industrial Hygiene Association, Anaheim, CA
06/18/04
Environmental Enforcement, Key Environmental Issues in USEPA Region II
Sponsored by USEPA, New York State Bar Association, New Jersey State Bar Association, et al., Fordham Law School, NY
06/05/04
Mold Experts: A Review
Federation of New York Housing Cooperatives & Condominiums, LaGuardia Marriott, Queens, NY
06/24/01
A Review of the ABA Ethics 2000 Report
New Jersey Corporate Counsel Association, Environmental Law Committee and New Jersey Bar Association, Environmental Law Section, Avalon
06/26/99
Environmental Insurance Products
New Jersey Corporate Counsel Association, Environmental Law Committee and New Jersey Bar Association, Environmental Law Section, Avalon, New Jersey
06/27/98
Dredging and Solid Waste
Environmental Law Forum, sponsored by New Jersey Corporate Counsel Association, Environmental Law Committee and New Jersey State Bar Association, Environmental Law Section, Avalon, New Jersey
12/12/97
Worker Compensation and Radiation Related Litigation
Utilities Mutual Insurance Company and GPU Service Corp., Morristown, New Jersey
06/20/97
Voluntary Compliance Programs and on Small Business Issues
Environmental Law Forum, sponsored by New Jersey Corporate Counsel Association, Environmental Law Committee and New Jersey State Bar Association, Environmental Law Section, Avalon, New Jersey
06/21/96
Notification Requirements, Disaster Management
New Jersey Corporate Counsel Association, Environmental Law Committee and New Jersey State Bar Association, Environmental Law Section, Avalon, New Jersey

Events

06/04/13
04/25/13
05/22/12
10/21/11
09/12/11
02/03/11
02/02/11
02/01/11
12/10/10
06/07/07
05/10/07
03/27/07
02/07/07
01/31/07
01/23/07
01/16/07
12/05/06
06/06/06
04/28/05
04/25/05

Publications

05/03/17
03/15/17
03/13/17
02/10/17
01/10/17
12/16/16
11/02/16
10/20/16
09/29/16
J. Wylie Donald, Joel deJesus
Privacy and Security law Report, Bloomberg BNA
09/14/16
08/29/16
08/22/16
06/28/16
05/16/16
05/11/16
04/25/16
04/13/16
03/31/16
02/22/16
02/17/16
02/16/16
02/16/16
11/09/15
11/04/15
10/21/15
10/07/15
09/09/15
05/21/15
04/13/15
01/26/15
12/10/14
09/26/14
07/02/14
06/13/14
05/05/14
01/27/14
01/27/14
11/07/13
11/04/13
September/October 2013
09/20/13
07/08/13
02/28/13
02/19/13
12/17/12
11/30/12
11/02/12
10/29/12
10/29/12
10/29/12
08/24/12
08/03/12
06/19/12
VOL. 2012, NO. 118, Bloomberg BNA, World Climate Change Report
06/15/12
05/22/12
04/26/12
04/13/12
04/09/12
03/27/12
Reprinted with permission from Conflicting Interpretations of “Occurrence”: Lessons From the First Climate Change Liability Insurance Case, AES Corporation v. Steadfast Insurance Company, 2012 Emerging Issues Analyses 6265, at lexis.com®. Copyright 2012
03/02/12
03/01/12
June 2011
Coverage for Carbon Dioxide Claims: Considering the Evolution of "Absolute" Exclusions
The Brief
06/01/11
03/01/11
Underwater? What Climate Change Means for a Loan Portfolio Near the Flood Plain
Massachusetts Banker Association
01/02/11
01/01/11
Social Media is Cutting Edge - Your Liability Policy is Not
Financier Worldwide, Global Reference Guide: Risk Management & Insurance 2011
12/07/10
12/01/10
M&E Insurance Coverage Alert
November 2010
Insurance Coverage for Greenwashing Claims: It Depends on the Packaging
LexisNexis 2010 Emerging Issues 5398
08/30/10
07/28/10
High Court: Beach Replenishment in Not a Taking
Delaware Law Weekly
06/24/10
02/27/10
Coverage for Carbon Dioxide Claims: Considering the Evolution of "Absolute" Exclusions, in course materials for American Bar Association, Tort Trial & Insurance Practice Section
18th Annual Insurance Coverage Litigation Committee Mid-Year Program, Phoenix AZ
01/01/10
09/04/09
Covering the Green Roof - With Insurance
LexisNexis - Reproduced with the permission of LexisNexis.
09/01/09
08/17/09
05/22/09
Climate Change Debate Heats Up
Business Insurance
05/15/09
05/08/09
05/06/09
M&E Insurance Coverage Alert
05/06/09
03/23/09
03/01/09
Natural Resource Damages for Climate Change - An Idea Whose Time Has Not Yet Come, Part II: Climate Change NRD Claims - Get Coverage
Environmental Claims Journal
02/17/09
02/02/09
02/01/09
01/12/09
Carbon Dioxide: Harmless, Ubiquitous and Certainly Not a "Pollutant" Under a Liability Policy's Absolute Pollution Exclusion
39 Seton Hall L. Rev. 107 (2009) 
12/05/08
11/10/08
Natural Resource Damages for Climate Change - An Idea Whose Time Is Not Yet Come, Part I: NRD Claims Are Not Currently Viable under CERCLA
Environmental Claims Journal
10/29/08
10/20/08
10/07/08
06/01/08
Climate Change Liabilities: Got Coverage?
Maryland Bar Journal
06/01/08
Bad Faith on Both Sides of the Delaware, Litigating Bad Faith Insurance Claims
National Business Institute
04/14/08
Climate Change Law: A Revolution or Incremental Change for NJ?
New Jersey Lawyer, Volume 17, Number 15 - The Lawyer's Source
02/01/08
10/23/07
Professionalism Perspectives 2007 Fall Newsletter
10/17/07
09/28/07
Insurance Coverage for Climate Change Disclosures: Are You In Good Hands?
Aspen Publishers
09/20/07
07/19/07
Cleaning Up After Mother Nature
Connecticut Law Tribune
07/09/07
06/21/07
06/19/07
06/15/07
06/06/07
04/30/07
04/23/07
Misplaced Trust and Stolen Identities: Protecting Consumers and Minors as They Use the Internet
American Corporate Counsel Docket
04/03/07
U.S. Supreme Court Rejects EPA on Climate Change, Carbon Dioxide a Pollutant under Clean Air Act
McCarter & English Alerts
03/27/07
Congressional Action Accelerates On Climate Change
McCarter & English Alerts
11/15/06
The Devil is in the Details: Nuances of Electronic Documents
The Florida Bar News at 20
September 2006
E-Discovery
09/01/06
Before You Take A Sip: Some Key Differences Between OCIPs and CCIPs
American Bar Association's Self-Insurers and Risk Managers Newsletter
08/01/06
Climate Change and the D&O Pollution Exclusion
Tort Trial & Insurance Practice Law Journal
03/01/06
Is Your Business Prepared for an Avian Flu Outbreak?
Commerce Magazine
10/31/05
New Jersey Takes On Identity Theft
New Jersey Law Journal
10/25/05
A New Settlement Tool
New Jersey Law Journal
08/01/05
Mold Spore Counting: Is It Admissible Science?
DRI, For the Defense
09/01/03
Impact of Recent New Jersey Supreme Court Decisions on Employer Liability and Insurance Coverage in Civil Suits for Employees Injured by Industrial Machinery
McCarter & English Newsletters
02/01/03
Voluntary Full-Body CT Screening, To Screen or Not to Screen, Some Legal Considerations
J. Wylie Donald, Roger Shaw
31 Health Physics News
12/01/02
The CPSC Duty to Report: Triggered by Pre-Acquisition Due Diligence?
Prod. Safety & Liability Reporter (BNA)
12/01/01
The Whistleblower Implications of Radiation Injury Lawsuits: Lessons Learned from In Re McCafferty
The Radiation Safety Journal
12/01/00
Practicalities of Unpublished Decisions
New Jersey Law Journal
04/01/99
The New National Roster of Environmental Dispute Resolution and Consensus Building Professionals: Not Quite Ready
Environmental Law Section, New Jersey State Bar Association Newsletter
04/01/99
Whistleblowers and Nuclear Medicine
Journal of Healthcare Risk Management
06/01/97
The DEP Muscles In
New Jersey Law Journal
04/01/96
Industry Can Benefit from Proposed Environmental Performance Standards
New Jersey Law Journal
01/01/95
CERCLA and the Choice Between Pro Tanto and Proportionate Share Settlement Allocation: Looking to the Supreme Court for Guidance
Environmental Law Reporter
10/01/94
The Endangered Species Act and Private Property
J. Wylie Donald, John McKinney
The Environmental Corporate Counsel Report
04/01/94
Overturning Environmental Regulations: A Primer on Breaching the Regulatory Walls
New Jersey Lawyer
01/01/94
Defending Against Daily Fines and Punitive Damages under CERCLA: The Meaning of "Without Sufficient Cause
Columbia Journal of Environmental Law
01/01/92
The Bamako Convention as a Solution to the Problem of Hazardous Waste Exports to Less Developed Countries
Columbia Journal of Environmental Law

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