John E. Clabby

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 health care 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 email 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 health care, 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 enforcement of foreign judgments in the United States.
• 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

Cybersecurity and Privacy

No Password Required: The Former NSA Director, an Elite Storyteller Whose Life Resembles a Grisham Novel

Podcast

Cybersecurity and Privacy

No Password Required: A Cybersecurity Education Specialist, Whose Passions Include the Forest, DIY, and Deviled Eggs

Podcast

Cybersecurity and Privacy

SEC Showers Down Proposed Cybersecurity Rules: 5 Steps for Staying Dry

Expect Focus

Recognition

• Recognized as a top author in cybersecurity by the 2022 JD Supra Readers' Choice Awards
• Florida Rising Stars, Super Lawyers Magazine (2021–2022)
• The Best Lawyers in America, Commercial Litigation (2020–2022)

Professional & Community Involvement

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

Speaking Engagements

• “Florida’s Cybersecurity Laws,” Cybersecurity: What Every Public Official Needs to Know, Cyber Florida, Orlando, FL (June 15, 2022)
• "2022 Carlton Fields Class Action Survey Results: Class Action Trends and Best Practices," Carlton Fields (March 15, 2022)
• "Privacy Class Actions and Other Litigation: Latest Developments and Trends to Watch," Carlton Fields Client Presentation (December 8, 2021)
• "Ransomware: The Latest Threats and Claims," Carlton Fields Client Presentation (November 17, 2021)
• "Cybersecurity Insurance Policies," Florida Sheriffs Association Executive Leadership Conference and Fleet Exhibition, ChampionsGate, FL (November 16, 2021)
• "Ransomware: The Latest Threats and Efforts to Stem the Tide," Carlton Fields Client Presentation (September 27, 2021)
• "Cyber Claim Trends and Related Developments," Carlton Fields Client Presentation (August 17, 2021)
• "Ransomware: The Latest Threats and Efforts to Stem the Tide," Carlton Fields Client Presentation (August 16, 2021)
• "Leaders Forum: Cybersecurity Panel Discussion,” Carlton Fields Client Presentation (July 20, 2021)
• "ESG (Environmental, Social and Governance) Issues for the Construction Industry,” Leading Builders of America General Counsels Meeting, Atlanta, GA (June 10, 2021)
• "The Realities and Legalities of Ransomware and Incident Response," Digital Hands Cybersecurity Roundtable (December 2, 2020)
• "Cybersecurity in the New Normal," Early Stage Capital Conference, Florida Venture Forum (via webinar) (October 15, 2020)
• "Cybersecurity for Growth-Stage Private Companies in the COVID-19 Era," Carlton Fields Client Webinar (September 23, 2020)
• "CFO Forum – Cybersecurity,” Carlton Fields Client Presentation (June 4, 2020)
• "Grift, Graffiti, and Ransoms: Cybersecurity for State and Local Government," ABA State and Local Government Law Spring Meeting (May 21, 2020)
• "Cybersecurity and Privacy Litigation and Enforcement in the COVID-19 Era," Carlton Fields (May 20, 2020)
• "Privacy Litigation and Enforcement, Incident Response, and COVID-19," Carlton Fields (May 19, 2020)
• "Privacy Update for the Mortgage Industry," Carlton Fields Client Presentation, Virginia Beach, VA (March 4, 2020)
• ABA Third Annual Current Issues in FINRA Arbitration and Enforcement Regional CLE Program, Fort Lauderdale, FL (February 20, 2020)
• "Panel: Lessons Learned from Cybersecurity Incident Response and Investigations" and "Cybersecurity and Privacy Legal Trivia," Digital Hands’ Annual Client and Partner Event, Tampa, FL (January 24, 2020)
• "Data Breaches and Security Incidents: Latest Threats and Strategies for Preparation and Response," Carlton Fields Client Presentation, Palm Beach County, FL (January 23, 2020)
• "Cybersecurity Overview and Best Practices for the Commercial Real Estate Industry," Carlton Fields Client Presentation, Atlanta, GA (November 19, 2019)
• "Cyber Legal and Policy Issues for State and Local Government," Cyber Florida Local Government Workshop, Florida Cyber Conference 2019, Tampa, FL (October 24, 2019) 
• "Refeathering the Pillow: Case Studies in Catching, Containing, and Cleaning Up Cyber Fraud," Mega CPE Conference, Florida Institute of CPAs, Orlando, FL (June 14, 2019)
• "Cybersecurity and Privacy Pub Trivia," Carlton Fields In-House Counsel Forum, Orlando, FL (April 5, 2019)
• "Cybersecurity and Data Safeguarding for Broker-Dealers and Investment Advisers," ABA Second Annual Current Issues in FINRA Arbitration and Enforcement, Tampa, FL (February 22, 2019)
• "Private Securities Litigation Panel," 37th Annual Federal Securities Institute, The Florida Bar, Miami, FL (February 11, 2019)
• "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, NY (October 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, NY (June 21, 2018)
• "Guardians for Profit: Data Breaches and Corporate Responsibility," University of Tampa, Business Law Course, Tampa, FL (April 11, 2018)
• "Financial Elder Abuse: Hot Topics in Enforcement, Compliance, and Civil Litigation," 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," 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, D.C. (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 FBI, Atlanta, GA (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’ 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," 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," Guidance Through Powerful Insights, Protiviti CPE Conference, Tampa, FL (June 10, 2016)
• "Easing Cyber Growing Pains: Defining and Mitigating the Threat of Data Loss at Second Stage Companies," GrowFL, 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," Association of Corporate Counsel, Tampa, FL (November 19, 2015)
• "Cybersecurity – A Governance Perspective," Society of Corporate Secretaries and Governance Professionals Fall Conference, Pittsburgh, PA (November 10, 2015)
• "Legal Fallout of a Breach – Class Actions, Shareholder Derivative Actions, and Law Enforcement Issues," Client Focus Forum, Denver, CO (October, 2015)
• "Cost Savings, Efficiency, and Early Resolution in Complex Litigation," ACLI Annual Conference 2015, Chicago, IL (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," Protecting Your Intellectual Property: A Shared Responsibility, FBI Program at Kean University College of Business and Public Management, Union, NJ (June 9, 2014)

Credentials

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, D.C. (2006–2010)
• Law Clerk to the Honorable Anthony J. Scirica, U.S. Court of Appeals for the Third Circuit (2005–2006)

Areas of Focus