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[Podcast] CF on Cyber: Cybersecurity and Privacy Due Diligence for Private Equity

Smart private equity investors are increasingly building cybersecurity and privacy modules into their due diligence. Carlton Fields cyber attorneys Jack Clabby and Joe Swanson walk through a typical due diligence engagement for cyber and privacy, explain what they advise clients to look for and where to look for it, and detail what can go wrong if cyber due diligence fails.

 

©2011-2020 Carlton Fields, P.A. National Law Review, Volume IX, Number 206

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About this Author

Jack Clabby Attorney Carlton Fields Law Firm Tampa FL
Shareholder

Jack Clabby’s practices focus on corporate governance, fraud, and shareholder litigation, including the defense of securities fraud class actions and derivative lawsuits. A former Assistant U.S. Attorney, he also represents companies and special litigation committees in connection with internal corporate investigations. 

As a former cyber prosecutor, Jack also advises corporate boards and management on legal issues regarding cybersecurity and represents companies in litigation, including class actions, concerning breaches and data loss incidents. Jack serves as a...

813.229.4229
Joseph Swanson Cybersecurity Privacy Attorney
Shareholder

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 co-leads the firm’s cybersecurity and privacy practice.

813.229.4335