Mr. Moody is a key member of Baker Donelson's Data Incident Response and Investigations Team. His experience includes counseling numerous clients through responses to cybersecurity and other data incidents and defending the ensuing government investigations. Mr. Moody is also well-versed in electronic discovery and has worked with experts in computer forensics to uncover electronic evidence of wrongdoing in unfair competition and trade secret litigation.

Prior to joining the firm, Mr. Moody served as a law clerk to the Honorable David C. Bramlette III, United States District Court Judge for the Southern District of Mississippi.

Representative Matters

Guided numerous private and publicly-held companies through responses to cyberattacks, including working with forensics teams to determine scope of incidents, advising clients on reporting obligations to state and federal authorities, and preparing consumer notifications and notices to regulatory agencies and numerous attorneys general.
Successfully defended HIPAA privacy/security investigations by the Office for Civil Rights and various state attorneys general.
Currently defending multiple clients in pending government investigations of data security incidents.
Won defense award in arbitration of nursing home neglect and wrongful death case where plaintiff claimed family member died from multiple falls at facility.
Currently defending nationwide manufacturer and seller in class action lawsuits involving claims of fraud, breach of warranty, violations of Truth in Lending Act and Telephone Consumer Protection Act.
Obtained the dismissal of construction defect claims brought against a general contractor.
Obtained the dismissal of the plaintiff's Chinese drywall claims brought against a construction company.
Obtained favorable settlements for several companies after working with a computer forensics expert to develop evidence of trade secret theft by former executives and sales representatives.
Obtained a preliminary injunction on behalf of a major ATM manufacturer to prevent the use and dissemination of trade secrets by former executives of the company.
Won a directed verdict and dismissal at trial on behalf of a long term care provider in a stage IV ulcer and wrongful death lawsuit.
Obtained a jury verdict for the defense in a nursing home medical malpractice suit involving allegations of stage IV ulcers and wrongful death.
Won arbitration of nursing home medical malpractice action involving allegations of ulcers and wrongful death.
Obtained dismissal of nursing home administrative services company after successfully combating plaintiff's claims of corporate control and corporate veil-piercing.

Professional Honors & Activities

Certified by the International Association of Privacy Professionals as a Certified Information Privacy Professional for U.S. Sector (CIPP/US)
Listed in The Best Lawyers in America^® in the area of Commercial Litigation (2020)
Listed as a Mid-South Super Lawyer Rising Star in Business Litigation (2012 – 2019)
Named to PORTICO Jackson magazine's 2017 "PORTICO 10"
Recipient – Baker Donelson Jackson Pro Bono Award (2019)
Recipient – 2010 Outstanding Pro Bono Attorney Award from Mississippi Volunteer Lawyers Project
Former Director – Capital Area Bar Association
Former Director and Treasurer – Jackson Young Lawyers
Member – American Health Lawyers Association
Member – DRI

Publications

"Using Arbitration Agreements to Avoid Class Action Claims in Data Breach Lawsuits" (May 2018)
"Cyber-Threats: Five Tips for Data Protection We Learned in 2017" (December 2017)
"Ready, Set, Go: Preparing and Testing for Data Security Events," Cyber-Threats: What You Need to Know to Protect Your Business Now (October 2017)
"Protecting Breach Investigation Reports in Litigation – Key Actions" (June 2017)
"INJUNCTION GRANTED: AHCA Jumps the First Hurdle in Overturning CMS's Ban on Pre-Dispute Arbitration" (November 2016)
"All Eyes on Mississippi: Federal Judge Hears Argument Over CMS's New Pre-Dispute Arbitration Regulation" (November 2016)
"CMS Says: No More Arbitration Provisions in LTC Admission Agreements" (September 2016)
"What Happens to LTC Arbitration Agreements if the Proposed CMS Rules are Implemented?" (November 2015)

Speaking Engagements

Panelist – "Whose Document Is It Anyway? – Possession of Documents in the Digital Age," 2018 Long Term Care Symposium (November 2018)
"Data Privacy & Security Issues," presentation to Mississippi Association of Social Workers (August 2017)
Co-presenter – "Cybersecurity in a World Full of Threats," Southern Gaming Summit, Biloxi, Mississippi (May 2017)
"Final Regulations: CMS' Ban on Pre-Dispute Arbitration Agreements," webinar for LeadingAge Texas (November 2016)
"Data Security: Protecting Your Business and Customers from Hackers," Rankin County Chamber of Commerce, Flowood, Mississippi (January 2015)

Press Releases

77 Baker Donelson Attorneys Named to 2019 Mid-South Super Lawyers; 45 Named to Mid-South Rising Stars (November 6, 2019)
86 Baker Donelson Attorneys Named to 2018 Mid-South Super Lawyers; 43 Named to Mid-South Rising Stars (November 8, 2018)
94 Baker Donelson Attorneys Named to 2017 Mid-South Super Lawyers; 53 Named to Mid-South Rising Stars (November 7, 2017)
98 Baker Donelson Attorneys Named to 2016 Mid-South Super Lawyers; 57 Named to Mid-South Rising Stars (November 14, 2016)
78 Baker Donelson Attorneys Named to 2015 Mid-South Super Lawyers; 43 Named to Mid-South Rising Stars (November 12, 2015)

Awards

Brad C. Moody

Practices

Industries

Education

University of Mississippi Law School, J.D., 2004, cum laude
- Associate Articles Editor – Mississippi Law Journal
University of Alabama, B.S., 2001, cum laude

Admissions

Mississippi, 2004
Alabama, 2005

Featured Media

77 Baker Donelson Attorneys Named to 2019 Mid-South Super Lawyers; 45 Named to Mid-South Rising Stars

Press Release / November 6, 2019

86 Baker Donelson Attorneys Named to 2018 Mid-South Super Lawyers; 43 Named to Mid-South Rising Stars

Press Release / November 8, 2018

Using Arbitration Agreements to Avoid Class Action Claims in Data Breach Lawsuits

Publication / May 18, 2018

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Brad C. Moody, CIPP/US

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