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John E. Clabby

John E. Clabby

Shareholder

Overview

A former cyber prosecutor, Jack Clabby counsels boards of directors and management on legal issues regarding cybersecurity. He also represents companies and institutions in litigation, including class actions, alleging breaches of privacy and security controls. Jack serves as one of the firm’s “breach coaches,” guiding clients through the loss or suspected loss of personally identifiable information, business interruption, and other system compromises.
 
Jack assists clients at each of the three intervention points for cybersecurity: (i) prevention and compliance, (ii) incident response, and (iii) litigation. Before and after a cybersecurity incident, he works closely with a client’s internal team, its insurance carrier, outside cyber experts, public relations professionals, regulators and law enforcement, and its constituencies to ensure an effective and efficient response.  
 
As an Assistant U.S. Attorney in New Jersey, Jack served as the Computer Hacking and Intellectual Property (CHIP) Coordinator for the Trenton and Camden offices, where he advised 20 federal prosecutors on investigative techniques for computers, websites, and electronic media. He also supported law enforcement investigations into cyber intrusions, data theft, and other computer crimes.
 
Jack speaks and writes widely on topics related to cybersecurity and privacy law. He began his career as an associate at the litigation firm Williams & Connolly LLP in Washington, D.C.
 

Featured Insights

Experience

Securities and Derivative Litigation

  • Defends companies, directors, and executives in securities fraud class actions and shareholder derivative lawsuits, with particular experience in challenges to corporate governance, internal controls, executive compensation, and accounting restatements.
  • Advises public companies that have received shareholder demands, often resolving matters with solutions short of litigation.
  • Monitors securities fraud and merger-objection litigation for major insurance companies from inception through court resolution or settlement.
  • Advises public companies on whistleblower complaints and on shareholder books and records requests.
  • Provides advice on fiduciary duties to companies with controlling shareholders and to companies that are planning for mergers, acquisitions, or equity investment.
  • Defended the former CEO of a Fortune 100 company in securities litigation, derivative lawsuits, and a regulatory enforcement action, which ended, respectively, with summary judgment, dismissal, and a favorable settlement.
  • Represented the special committee of a public company in an investigation into conflicts of interest, regulatory compliance, and other matters.

Internal Investigations and White Collar Defense

  • Advises and conducts internal investigations for high schools and colleges, including on matters of student safety, Title IX, sexual abuse, and accounting and budget issues, and defends education institutions in associated litigation.
  • Conducts internal investigations for companies, including public companies, into issues that have included corporate governance, accounting, compensation practices, fraud, and data theft.
  • In the healthcare industry, defends qui tam litigation and government investigations into alleged fraud and alleged physician self-referral and overbilling arrangements.
  • As a federal prosecutor, led numerous investigations into fraud, national security, and cyber matters.
  • Served as the sole Computer Hacking and Intellectual Property (“CHIP”) prosecutor for Southern New Jersey, advising other prosecutors on investigative techniques for computers, websites and other electronic evidence.
  • As a national security AUSA, prosecuted violations of the U.S. export-control laws and defense procurement fraud, on matters involving high-technology military hardware.

Cybersecurity and Data Breach Response

  • Participated in investigations of companies – both as a federal prosecutor and in private practice – concerning suspected insider threats to the integrity of IT environments, often working closely with computer forensic experts.
  • Counsels companies that are the victims of hacks and computer-based fraud, such as business e-mail compromises, including in cooperating with law enforcement.
  • Educates boards of directors and management about their duties with respect to data protection and communicating with law enforcement before, during, and after data loss events.
  • Coordinates breach response services and notifying victim customers, including for healthcare, insurance, and education clients.

Banking and Commercial Litigation

  • Represents banks, financial institutions, pooled investment vehicles, and insurance companies in a variety of litigation matters, including customer and client disputes, responding to subpoenas, and garnishment matters.
  • Defends banks against claims for damages by account holders under Florida’s financial exploitation of the elderly statutes. Defends and investigates allegations that assisted living facilities and hospice providers allowed employee theft and elder abuse.
  • Experience representing international banks in U.S. litigation.
  • Represented an international bank and a military hardware manufacturer in connection with the enforcements of foreign judgments in the U.S.
  • Represented an international hedge fund in a dispute with its limited partners.
  • Defended consumer-product and pharmaceutical companies in product-related tort claims and in intellectual property litigation.​

Featured Insights

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Professional & Community Involvement

  • American Bar Association
    • Co-Chair, Class Actions Subcommittee, Securities Committee, Section of Litigation
  • President-Elect, Princeton Club of Tampa Bay (2017-2018)
  • Alumni Class President, Princeton University Class of 2002 (2012-2017)
  • Clemency Project, Screening Committee (2014)
  • Member, Tampa Bay Electronic Crimes Task Force
  • Member, InfraGard, Tampa Chapter
  • Hillsborough County Bar Association

Speaking Engagements

  • "Burglars Don’t Pick Open Locks: Legal Overview and Practical Advice for Managing Data Breach Investigations, Litigation, and Claims,” Carlton Fields client presentation, New York (Oct. 11, 2018)
  • “Burglars Don’t Pick Open Locks: Legal Overview and Practical Advice for Managing Data Breach Investigations and Litigation,” Carlton Fields client presentation, New York (June 21, 2018).
  • “Guardians for Profit: Data Breaches and Corporate Responsibility,” Guest Lecture at the University of Tampa, Business Law course, Tampa, FL (April 11, 2018).
  • “Financial Elder Abuse: Hot Topics in Enforcement, Compliance, and Civil Litigation,” panel at “Current Issues in FINRA Arbitration and Enforcement,” ABA Regional CLE Workshop, Tampa, FL (February 9, 2018).
  • "Custom Software Development: Practical Strategies to Get What You Pay For," Carlton Fields Webinar (November 3, 2017).
  • “Through the Looking Glass: Tips for Business Litigators Handling D&O Claims in Bankruptcy Court,” ABA Sound Advice Podcast, membership required (October 12, 2017).
  • "Debutantes and Airlocks: Cyber Defense for Rapid-Growth Companies and Their Leaders," Ballast Point Ventures Annual Meeting, St. Petersburg, FL (November 3, 2017).
  • "Custom Software Development: Practical Strategies to Get What You Pay for," Carlton Fields client presentation with Eleanor Yost and Germinal Resources,Tampa, FL (August 23, 2017).
  • “Responding to an Information Security Incident: Lessons from Private Legal Practice,” presentation to the Electronic Crimes Task Force, Tampa, FL (August 10, 2017).
  • “How to Prevent the Financial Crisis of a Data Loss Disaster,” presentation at i-Tech Support event for business and IT leaders with i-Tech Support, DataSite, and Eaton Power, Winter Park, FL (June 30, 2017).
  • “Cyber Liability Claims – Updates and Trends,” AIG Claims Advisory Board Meeting, Northeast Zone, Washington (June 27, 2017).
  • “Cyber Liability and Business Interruption,” Chubb Preferred Securities Panel Counsel Meeting with Chubb and Marsh, Lafayette Hill, PA (June 6, 2016).
  • “The Four People to Call When Breached: Practical Techniques to Limit and Shift Cyber Risk,” Client Event with Allied World, Aon, and the Federal Bureau of Investigation, Atlanta (April 6, 2017).
  • Breached! Incident Response Executive Management Wargame,” Carlton Fields In-House Counsel Forum, Orlando, FL (March 3, 2017).
  • "A Red Grenade in the Apple Orchard: Using Insurance to Mitigate Cyber Risk," Digital Hands’s annual client and partner event, Tampa, FL (January 27, 2017).
  • “Strategic Cyber Defense for Companies: Practical Advice for Living with Cyber Risk,” with GulfShore Bank, Digital Hands, and Prida Guida & Company,Tampa, FL (November 10, 2016)).
  • "From Toil to Treasure: Preparing Your Private Company for Investment or Sale," Carlton Fields client presentation with Philip Diamond and CFO Strategic Partners, Orlando, FL (October 20, 2016).
  • “Run Across the Rope Bridge: Data Security for Growth-Stage Companies,” presentation to GrowFL, Tampa, FL (August 2, 2016).
  • “Regulatory Investigations and the Impact of the Yates Memo,” Chubb Preferred Securities Panel Counsel Meeting, Lafayette Hill, PA (June 14, 2016).
  • “White Collar Crime and Fraud Risk Survey: Taking the Best Route to Managing Fraud and Corruption Risk,” CPE and CLE presentation at Protiviti’s CPE conference, “Guidance Through Powerful Insights,” Tampa, FL (June 10, 2016).
  • “Easing Cyber Growing Pains: Defining and Mitigating the Threat of Data Loss at Second Stage Companies,” presentation to GrowFL, Rollins College, Winter Park, FL (April 25, 2016)
  • “Developments in Cybersecurity,” Carlton Fields In-House Counsel Forum, Orlando, FL (March 18, 2016).
  • “Dodging Bullets: Efficiencies and Ethics in Lawsuit Avoidance and Early-Case Resolution,” presentation to the Association of Corporate Counsel, Tampa, FL (November 19, 2015).
  • “Cybersecurity – A Governance Perspective,” Society of Corporate Secretaries and Governance Professionals, Fall Conference, Pittsburgh Chapter, Pittsburgh, PA (November 10, 2015).
  • “Legal Fallout of a Breach – Class Actions, Shareholder Derivative Actions, and Law Enforcement Issues,” Client Focus Forum, Denver (October, 2015).
  • “Cost Savings, Efficiency, and Early Resolution in Complex Litigation,” American Council of Life Insurers (ACLI) Annual Conference, Chicago (October 12, 2015).
  • “Sharks in the Swimming Pool: Current Topics in Cybersecurity,” Carlton Fields client presentation with Joseph W. Swanson, U.S. Secret Service, and Ben Osbrach of Skoda Minotti, Tampa, FL (June 23, 2015).
  • “The Real Impact of Halliburton and How to Manage Event Study Costs,” ACE Professional Risk Preferred Securities Panel Counsel Meeting, Lafayette Hill, PA (October 17, 2014).
  • “Beware Shadowy Figures: Prosecutions Under the Economic Espionage Act,” part of “Protecting Your Intellectual Property: A Shared Responsibility,” FBI Program at Kean University College of Business and Public Management, Union, NJ (June 9, 2014).

Credentials

Education
  • University of Pennsylvania Law School (J.D., summa cum laude, 2005)
    • Research Editor, University of Pennsylvania Law Review
    • Winning team, Keedy Cup
  • Princeton University (A.B., cum laude, 2002)
Bar Admissions
  • District of Columbia
  • Florida
  • New Jersey
  • Pennsylvania
Court Admissions
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • District of Columbia Courts
  • Florida State Courts
  • New Jersey State Courts
  • Pennsylvania State Courts

Background

  • Assistant U.S. Attorney, Criminal Division,  U.S. Attorney’s Office for the District of New Jersey, Trenton, NJ (2010-2014)
  • Associate, Williams & Connolly LLP, Washington (2006-2010)
  • Summer Associate, Williams & Connolly LLP, Washington (2004)
  • Law Clerk, The Honorable Anthony J. Scirica, Chief Judge for the U.S. Court of Appeals for the Third Circuit, Philadelphia (2005-2006)

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.