Overview
Joe Swanson is a former federal prosecutor who advises clients on a variety of issues related to cybersecurity and privacy. He has investigated and responded to data breaches and similar cyber incidents, and he has defended clients in litigation stemming from those incidents. In addition, Joe advises on best practices for interacting with law enforcement, regulators, and other constituencies in the event of a cyber incident. Joe also assists clients with drafting incident response guides and related cyber policies and procedures, as well as complying with privacy laws and regulations, such as the EU General Data Protection Regulation.
In addition to Joe's privacy and cybersecurity practice, he represents companies and individuals in government and criminal investigations and conducts internal investigations. His experience in this area has encompassed a range of issues, including cybercrime, theft of government property, pharmaceutical marketing, health care, gambling, securities, public company accounting, and compliance with professional standards of conduct. The internal investigations have been prompted by government enforcement proceedings, as well as company-initiated investigations based on suspected wrongdoing by employees, competitors, and other third parties. Joe has experience referring the findings of those investigations to federal prosecutors.
Joe also defends companies, executives, and directors in shareholder litigation and high-stakes commercial litigation in federal and state court. These matters have included securities claims, trade secret disputes, and claims for breach of fiduciary duty.
Before joining the firm, Joe served as an Assistant U.S. Attorney in the Criminal Division of the U.S. Attorney’s Office for the Middle District of Florida. This experience provides the foundation for his practice. As an AUSA, Joe investigated and prosecuted a broad range of offenses, including computer/privacy crimes, obstruction of justice, tax fraud, mortgage fraud, and money laundering. He tried seven cases to verdict and handled hundreds of hearings and other proceedings on behalf of the government. He also served as the Computer Hacking and Intellectual Property (CHIP) Coordinator in Tampa, where he advised other prosecutors on investigative techniques involving internet and email providers, computers, websites, and other electronic evidence.
In 2017-18, Joe was appointed by the U.S. District Court for the Middle District of Florida to chair three merit selection panels that recommended appointments for federal magistrate positions. He leads the firm’s cybersecurity and privacy practice.
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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 non-profit 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 multi-district litigation, that involved allegations by state attorneys general and other plaintiffs regarding drug pricing.