Joseph W. Swanson

Experience

Cybersecurity and Privacy

• Defended public entity against putative class action stemming from phishing attack.
• Represented publicly traded construction company in investigating and responding to data breaches, which included notifications to individuals and regulators.
• Represented electronics supplier in investigating and responding to data breach and fraudulent wire transfer scheme. Engagement included advising on contractual obligations with customers.
• Represented financial institution in investigating and responding to data breach, which included notifications to consumers and regulators, as well as post-mortem review and analysis.
• Represented international retailer in investigating and responding to data breach suffered by third-party service provider.
• Drafted and revised incident response guide and related policies and procedures for telecommunications company.
• Represented public entity in investigating and responding to data breach. Engagement included coordinating with law enforcement and notifying affected individuals.
• Represented public entity in investigating and responding to cyber threat. Engagement included vendor contract review and notifying affected individuals.
• Conducted internal investigation for public company related to insider threat to corporate data.
• Represented title insurance company in responding to computer-based fraud scheme. Representation included developing best practices for client to reduce threat.
• Advised clients on compliance with privacy laws and regulations, including the EU General Data Protection Regulation.

White Collar Crime and Government Investigations

• Represented software company in responding to federal False Claims Act investigation.
• Represented construction company in responding to federal contracting investigation.
• Represented national financial institution in conducting investigation related to grand jury subpoena.
• Defended pharmaceutical company and its executives in FDA investigation.
• Defended individual against federal charges stemming from theft of government property.
• Defended individual in SEC proceeding related to federal criminal conviction.

Securities, Derivative, and Commercial Litigation

• Represented former pharmaceutical executive in federal litigation involving allegations of federal and state securities violations.
• Represented former officers and directors of retail company in responding to threatened claims of breach of fiduciary duty.
• Represented publicly held insurance company in litigation that included claims of theft of trade secrets, breach of fiduciary duty, and breach of contract.
• Defended former directors and officers of nonprofit organization against claims of breach of fiduciary duty associated with bankruptcy proceeding.
• Defended six former officers of public company against claims asserted in federal and state court involving securities fraud, breaches of fiduciary duty, and other claims totaling hundreds of millions of dollars.
• Represented the special litigation committee of a public company investigating claims involving federal securities violations, breaches of fiduciary duty, insider trading, and an accounting restatement.
• Represented major insurance company in monitoring and analyzing securities litigation and insider trading investigation involving insureds.
• Represented executive and corporate entities in garnishment proceedings in the U.S. District Court for the Middle District of Florida.
• Represented pharmaceutical company in federal and state litigation, including multidistrict litigation, that involved allegations by state attorneys general and other plaintiffs regarding drug pricing.

Featured Insights

Technology

Privacy Law Outlook 2021

Publication

Business Transactions

Ledgers and Law: Real-World Planning for Cyber Attacks

Podcast

Life, Annuity, and Retirement Solutions

California Privacy Rights Act: Compliance Objectives for 2021

Expect Focus

Recognition

• BTI "Client Service All-Star" (2020)
• The Best Lawyers in America, Commercial Litigation (2021)
• "Up & Comers,"Tampa Bay Business Journal (2017)

Professional & Community Involvement

• The Sedona Conference
  • Data Security and Privacy Liability Working Group
• U.S. District Court for the Middle District of Florida
  • Magistrate Judge Merit Selection Panel (2017–2018)
• American Bar Association
• Clemency Project 2014
  • Screening Committee
• Federal Bar Association
• FBI InfraGard, Tampa Chapter
• Herbert G. Goldburg-Ronald K. Cacciatore Criminal Law American Inn of Court
• Tampa Bay Electronic Crimes Task Force
• Hillsborough County Bar Association

Speaking Engagements

• "An Insider’s Look at Cybersecurity Cases," Webinar for The Fund (October 20, 2020)
• "Cybersecurity and Privacy Update," ACLI Annual Conference (October 13, 2020)
• "Cybersecurity for Growth-Stage Private Companies in the COVID-19 Era," Carlton Fields Client Webinar (September 23, 2020)
• "The California Consumer Privacy Act: Are You Ready?," Carlton Fields (August 25, 2020)
• "CFO Forum – Cybersecurity," Carlton Fields Client Presentation (June 4, 2020)
• "The California Consumer Privacy Act: Getting Up to Speed with the Looming Enforcement Deadline," Carlton Fields (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)
• "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)
• "Latest Cybersecurity and Privacy Developments," Independent Community Bankers of America (December 5, 2019)
• "An Update Regarding Data Breach Litigation & Regulations for Financial Services Companies," Carlton Fields Client Presentation, Tampa, FL (November 6, 2019)
• “Cybersecurity Overview and Best Practices for the Commercial Real Estate Industry,” Carlton Fields Client Presentation, Atlanta, GA (November 19, 2019)
• “U.S. Department of Justice’s View on Best Practices in Cybersecurity,” NetDiligence Cyber Risk Summit, Philadelphia, PA (June 14, 2017)
• "Cybersecurity & Privacy Pub Trivia," Carlton Fields In-House Counsel Forum, Orlando, FL (April 5, 2019)
• "Aviation Cyber Security: Threats, Best Practices to Mitigate Risks, and Hot Topics," Tampa Bay Aviation Association Inc., Tampa, FL (March 21, 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)
• "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)
• "Cybersecurity: Don’t Be the Next Target," ABA Forum on Construction Law, Fort Myers, FL (January 19, 2018).
• "Through the Looking Glass: Tips for Business Litigators Handling D&O Claims in Bankruptcy Court," ABA Sound Advice Podcast, membership required (October 12, 2017)
• "Cyber Security Legal Considerations," Florida Institute of CPAs, Tampa, FL (September 26, 2017)
• “Responding to an Information Security Incident: Lessons From Private Legal Practice,” Tampa Bay Electronic Crimes Task Force, Tampa, FL (August 10, 2017)
• "Is Ransomware the New Normal?," Annual Florida RIMS Educational Conference, Naples, FL (July 27, 2017)
• "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)
• "Cyber Security, Wire Transfers and Insurance," The Regulatory Fundamentals Group (February 28, 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)
• "An Interactive Data Breach Exercise," The Sedona Conference Working Group on Data Security and Privacy Liability Annual Meeting, St. Petersburg, FL (January 16, 2017)
• "Strategic Cyber Defense for Companies: Practical Advice for Living With Cyber Risk," with GulfShore Bank, Digital Hands, and Prida Guida & Co., Tampa, FL (November 10, 2016)
• "Stepping Up: Taking Your Compliance Program to the Next Level in an Era of Heightened Government Scrutiny," ACC Annual Corporate Counsel Summer Symposium, Longboat Key, FL (August 12, 2016)
• "Incident Response Guide," The Sedona Conference Working Group on Data Security and Privacy Liability Midyear Meeting, Redmond, WA (August 10, 2016).
• "Run Across the Rope Bridge: Data Security for Growth-Stage Companies," GrowFL, Tampa, FL (August 2, 2016)
• "Enforcement and Litigation Update," IRI Cybersecurity Forum, Washington, D.C. (July 19, 2016)
• "An Introduction to Internal Investigations for Non-Investigators," CPE and CLE presentation at Protiviti’s CPE Conference, “Guidance Through Powerful Insights,” Tampa, FL (June 10, 2016)
• "Lost Laptops & Tempting Links II: Preparing for Data Breaches & Remaining Vigilant in the Modern Construction Environment," Construction Financial Management Association breakfast meeting with U.S. Secret Service and Ben Osbrach of Skoda Minotti, Tampa, FL (March 24, 2016)
• "Developments in Cybersecurity," Carlton Fields In-House Counsel Forum, Orlando, FL (March 18, 2016)
• "Legal Fallout of a Breach – Interacting With Law Enforcement, Class Action Litigation, and Fiduciary Duties and Derivative Litigation," Carlton Fields Client Focus Forum, Minneapolis, MN (February 4, 2016)
• "Data Breach Response Guide," The Sedona Conference Working Group on Data Security and Privacy Liability Annual Meeting, Scottsdale, AZ (December 2, 2015)
• "Cybersecurity Today: Threats, Preparedness, and Response," Carlton Fields Third Annual Appellate Forum for Trial Lawyers, Miami, FL (October 23, 2015)
• "Legal Fallout of a Breach – Class Actions, Shareholder Derivative Actions, and Law Enforcement Issues," Carlton Fields Client Focus Forum, Denver, CO (October 19, 2015)
• "Lost Laptops and Tempting Links: Preparing for Data Breaches in the Modern Construction Environment," Construction Financial Management Association breakfast meeting with U.S. Secret Service and Ben Osbrach of Skoda Minotti, Tampa, FL (July 23, 2015)
• "IRI Cyber Security Forum," IRI Government, Legal & Regulatory Conference, Washington, D.C. (July 1, 2015)
• "Sharks in the Swimming Pool: Current Topics in Cybersecurity," Carlton Fields client presentation with John E. Clabby, U.S. Secret Service, and Ben Osbrach of Skoda Minotti, Tampa, FL (June 23, 2015)
• "Strategies for Data Breach Prevention and Defending Data Breach Class Actions in the Financial Services Industry," Insured Retirement Institute (March 4, 2015).
• "Use of Technology in Multidistrict Criminal Investigations," Florida Cybercrime Forum, St. Petersburg College Center for Public Safety Innovation, St. Petersburg, FL (December 5, 2014)

Credentials

Background

• Assistant U.S. Attorney, Criminal Division, U.S. Attorney’s Office for the Middle District of Florida, Tampa, FL (2012–2015)
• Associate, Arnold & Porter LLP, Washington, D.C. (2007–2011)
• Law Clerk to the Honorable J. Frederick Motz, U.S. District Court for the District of Maryland (2006–2007)
• Analyst, Goldman Sachs & Co., New York, NY (2001–2003)

Areas of Focus