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


  • 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

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  • 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 Recovery, Litigation & Counseling 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.


Coal Plant Retirements: Risks and Opportunities, National Rural Electric Cooperative Association
Generation & Transmission Legal Conference, Seattle, WA