Steven Blickensderfer

Overview

Steven Blickensderfer is a technology lawyer with complex commercial litigation experience. He has helped clients in nationwide litigation with issues related to privacy and cybersecurity, online and mobile marketing, telecommunications, contract disputes and business torts, the environment (including the Clean Water Act), intellectual property, and the First Amendment.

As a certified information privacy professional (CIPP/US) and privacy manager (CIPM), accredited by the International Association of Privacy Professionals, Steven has the experience and qualifications to counsel clients in a number of areas relating to data privacy and cybersecurity. He helps clients prepare for, and respond to, cybersecurity incidents and breaches. He also assists companies with the development and implementation of data privacy programs appropriate to their business and in compliance with applicable laws, such as the CCPA, GDPR, GLBA and industry standards like the PCI-DSS. Companies often rely on him to develop and negotiate privacy-related agreements and provisions, as well as to train and educate staff. He frequently lectures and speaks on matters related to privacy and cybersecurity.

Steven also co-chairs the firm’s Esports and Electronic Gaming Practice. His clients include game companies, investors, colleges and universities, esports teams, content creators, production companies, industry organizations, and intellectual property holders. You can hear his thoughts on the latest issues facing the video game industry on his podcast, “LAN Party Lawyers.”

Prior to joining the firm, he served as a law clerk to the Honorable Jay P. Cohen of Florida’s Fifth District Court of Appeal.

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Carlton Fields’ Steven Blickensderfer Appointed International Association of Privacy Professionals KnowledgeNet Chapter Co-Chair

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Experience

Select Technology Matters

• Consults with businesses on the development of global privacy compliance programs that take into account existing and proposed privacy and cybersecurity legislation.
• Advises established companies and technology start-ups on consumer protection and data protection laws implicated by product and marketing strategies, including expanded business to Europe and Latin America.
• Drafts and reviews terms of service and master service agreements, internal and external privacy policies, and data processing agreements for companies seeking to comply with the GDPR, CCPA, LGPD, and related data protection regulations.
• Counsels companies that have experienced data breaches or cybersecurity incidents, including phishing schemes, ransomware, and business e-mail compromises.
• Drafts and negotiates marketing and product endorsement agreements.
• Consults with colleges and universities regarding their esports programs and related legal issues.
• Advised game company regarding child privacy rules under COPPA and loot box regulation.
• Drafted form player agreement for esports team to streamline process of signing players.
• Drafted master services agreement and related documents specifically for production company’s use in the video game industry and with influencers.
• Helped LATAM-based hospitality company assess options in response to data breach incident involving U.S. residents.
• Advised mortgage lending company on response and mitigation efforts following unauthorized access to an employee email account that resulted in theft of escrow funds.
• Counseled commercial loan servicing company through breach incidents involving phishing attacks that resulted in the theft of sensitive financial records.
• Represented insurance company on intermediate appeal by defending trial order that compelled the discovery of corporate financial records over privacy objections.
• Developed apps that companies can use to determine the applicability of the GDPR and CCPA to their business.

Select Litigation Matters

• S. Alliance for Clean Energy v. Fla. Power & Light Co., No. 1:16-cv-23017 (S.D. Fla. 2020). Representing defendant in a Clean Water Act case involving a nuclear power facility.
• Tracy v. Fla. Atl. Univ., No. 18-10173 (appeal pending, 11th Cir.) and 9:16-cv-80655 (S.D. Fla.). Representing a tenured professor allegedly fired in retaliation for blogging activity and challenging the constitutionality of the school's conflict-of-interest policy as it applies to blogging.
• TracFone Wireless, Inc. v. Nektova Grp., LLC, No. 1:19-cv-20135 (S.D. Fla. Sept. 10, 2019). Awarded client more than $10 million in monetary sanctions against the defendant for cell phone trafficking.
• Salcedo v. Hanna, No. 17-14077 (11th Cir. Aug. 28, 2019). Represented entity sued under the TCPA in a putative class action for sending a single unwanted text message. The Eleventh Circuit held that the plaintiff failed to allege a concrete injury sufficient to confer Article III standing.
• MetroPCS Comm'ns v. Porter, No. 3D17-0375 (Fla. 3d DCA Dec. 26, 2018). Reversed order in putative class action denying the telecommunication provider's motion to compel arbitration contained in the terms and conditions of service. The appellate court held that the consumer was on inquiry notice of the arbitration provision based on text messages he received while using the service.
• Albert v. Sch. Bd. of Manatee Cty., No. 17-CA-004113 (Fla. 12th Cir. Ct. Nov. 19, 2018). Represented defendant in a W-2 data disclosure class action.
• Nieburg v. Sulzberger, 260 So. 3d 363 (Fla. 3d DCA 2018). Affirmed dismissal of legal malpractice complaint brought by alleged third-party beneficiaries.
• Holmes Reg'l Med. Ctr., Inc. v. Allstate Ins. Co., 225 So. 3d 780 (Fla. 2017). Represented medical care providers in medical malpractice litigation with respect to the application of the equitable subrogation doctrine, where an unsatisfied judgment had been entered against the initial tortfeasor. The Florida Supreme Court reversed the Fifth District and required dismissal of the subrogation claim against the medical care providers.
• Brevard Estates Corp. v. Attorneys' Title Ins. Fund, No. 14-26285-CA-20 (Fla. Cir. Ct. 2016). Defense verdict obtained in $12 million action against title insurer for negligence and breach of fiduciary duty. Appeal pending.
• Block 40, LLC v. CND Grp., LLC, No. 14-003876 (Fla. Cir. Ct. 2016), aff'd, 233 So. 3d 1117 (Fla. 4th DCA 2017). Judgment obtained in a multimillion-dollar commercial transaction concerning the issue of tender and attorneys' fees. Affirmed on appeal.
• MetroPCS Commc'ns, Inc. v. Porter, 225 So. 3d 843 (Fla. 3d DCA 2016). On remand, enforcing the court's mandate to limit the scope of discovery in advance of hearing the telecommunications provider's motion to compel arbitration.
• Linde v. Linde, 199 So. 3d 1102 (Fla. 3d DCA 2016). Challenge to a decision in an emergency guardianship proceeding finding the ward not to be incapacitated.
• SP Healthcare Holdings, LLC v. Surgery Ctr. Holdings, LLC, 208 So. 3d 775 (Fla. 2d DCA 2016). Affirmed multimillion-dollar judgment stemming from the purchase and sale of health care centers, and on cross-appeal reversed the final judgment to include prejudgment interest and to allow appellees to offset their prevailing party attorneys' fees and costs against the earnout payment due under the parties' contract.
• McCabe v. Prudential Annuities Life Assurance Corp., 191 So. 3d 475 (Fla. 4th DCA 2016). Per curiam affirmance of summary judgment entered in favor of annuity provider on issues related to vicarious liability and statute of limitations.
• Dixon v. Ford Motor Co., 150 So. 3d 1153 (Fla. 3d DCA 2014). Per curiam affirmance of defense verdict in asbestos case involving an evidentiary issue.

Featured Insights

Cybersecurity and Privacy

Carlton Fields’ Steven Blickensderfer Appointed International Association of Privacy Professionals KnowledgeNet Chapter Co-Chair

News

Cybersecurity and Privacy

Not If, But When: Applying the ADA’s Accessibility Requirements to Mobile Apps

Expect Focus

Cybersecurity and Privacy

California’s Prop. 24 Could Be a ‘Silver Lining’ for Crypto Exchanges Looking to Comply With GDPR

News

Recognition

• On the Rise Award, Daily Business Review (2020)
• Most Effective Lawyers Award, Daily Business Review (2019)
• Finalist, "Go Getter" Award, HYPE Miami, Greater Miami Chamber of Commerce (2019)
• Florida Rising Stars, Super Lawyers Magazine (2018–2020)

Speaking Engagements

• "Intellectual Property and Art," JADA Art Fair – Miami Art Week (December 4, 2020)
• "Extra Life of the Author: Issues in Video Game Copyright Litigation," ABA Section of Litigation, Intellectual Property Litigation Committee (November 12, 2020)
• "Privacy Law Fundamentals in Esports," Esports Bar Association (September 23, 2020)
• "The California Consumer Privacy Act: Are You Ready?," Carlton Fields (August 25, 2020)
• "The California Consumer Privacy Act: Getting Up to Speed With the Looming Enforcement Deadline," Carlton Fields (May 21, 2020)
• "Drafting Vendor Agreements to Comply with the California Consumer Protection Act," Strafford CLE webinar (May 7, 2020) (listen here).
• "Advocacy and Technology Tips When Working From Home During COVID-19 And Beyond," Business Law Section of the Florida Bar (April 30, 2020) (listen here).
• "Carlton Fields’ CCPA Forum," The Peninsula Hotel, Beverly Hills, CA (March 3, 2020)
• "Privacy Fundamentals,” Greater Miami Jewish Federation, Miami, FL (February 25, 2020)
• "Cyber Legal and Policy Issues for State and Local Government," CyberFlorida Local Government Workshop Series, Fort Lauderdale, FL (November 19, 2019), and Jacksonville, FL (January 24, 2020)
• "Esports Investing Trends and Legal Issues," Miami Angels and Endeavor Miami Presentation, Miami, FL (December 4, 2019)
• "Ask a Lawyer (Almost) Anything: Legal Issues Facing the Esports and Gaming Industry," DreamHack Atlanta, Atlanta, GA (November 16, 2019)
• "The GDPR and CCPA for the Florida Lawyer," The Florida Bar (October 1, 2019) (available here)
• "Ninja Joins Mixer, FaZe Fights Back, Overwatch Team Worth Zero," The Business of Esports Podcast, Episode 37 (August 8, 2019) (listen here)
• "Game Mode: Loot Boxes and the Law," NPR Podcast 1A (July 16, 2019) (listen here)
• "Guardian Con 2019 Law Panel" on Streamer and Esports Contracts, IP Issues, and FTC Endorsement Guidelines, Orlando, FL (July 5, 2019) (watch here)
• "Build It and They Will Come: The Explosion of the Esports Arena and the Gaming Facility," Ultimate Gamer, Miami, FL (March 9, 2019)
• "Community Association Website Requirements: Navigating A Web of Confusion and Privacy Issues," The Florida Bar (June 27, 2018)

Pro Bono

• Helps non-profit organizations update and review their external and internal privacy policies, as well as analyze and respond to cybersecurity incidents and breaches.
• Recipient of the firm’s 2017 pro bono award for work on the Miami and West Palm Beach team representing indigent clients seeking relief for civil rights violations under Section 1983.
• State v. Perez, 149 So. 3d 680 (Fla. 2014). Handled all aspects of representation of indigent client before the Florida Supreme Court on a certified question pertaining to a post-conviction legal standard. The court discharged jurisdiction, allowing the client's evidentiary hearing to go forward as desired. Read the brief. Watch the oral argument.

Credentials

Areas of Focus