Verified profile

Joseph W. Swanson

Cybersecurity, data privacy, and white collar defense

Joseph W. Swanson's profile photo
LocationTampaFlorida, United States
Current rolePartnerFoley & Lardner LLP · since Nov 2023
Government service4yrsU.S. Attorney’s Office · U.S. District Court

About

Joseph (Joe) Swanson is a former federal prosecutor who advises clients on a variety of issues related to cybersecurity and privacy. He brings significant experience investigating, responding to, and handling class actions and other litigation and regulatory inquiries related to data breaches, ransomware attacks, phishing attacks, business email compromises, wire diversion schemes, and similar cyber incidents. Joe also provides guidance on state and federal privacy laws and regulations to help clients safeguard sensitive information and maintain legal compliance.

Joe frequently represents clients in government and criminal investigations and conducts internal investigations. His experience in this area encompasses a range of issues, such as cybercrime, health care, False Claims Act investigations and litigation, theft of trade secrets, national security, government contracting, theft of government property, securities, public company accounting, and compliance with professional standards of conduct. Additionally, Joe defends companies, executives, and directors in shareholder and high-stakes commercial litigation and class actions. These matters have included securities claims, trade secret disputes, claims for breach of fiduciary duty, and claims for fraud and unfair trade practices.

Prior to joining Foley, Joe was a shareholder at a major Tampa-based law firm. Before that, he served as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Middle District of Florida. In that role, Joe investigated and prosecuted offenses involving cybercrimes, obstruction of justice, tax fraud, and money laundering. Joe tried multiple cases to verdict and handled hundreds of hearings and other proceedings on behalf of the government. He also advised other prosecutors on investigative techniques involving internet and email providers, computers, websites, and other electronic evidence as the computer hacking and intellectual property coordinator in Tampa. After law school, Joe clerked for the Hon. Judge J. Frederick Motz of the U.S. District Court for the District of Maryland. He worked as an analyst at Goldman Sachs & Co. before law school.

Roles

Nov 2023–Present
Current role

Partner

Foley & Lardner LLP

Tampa , Florida

Legal AssistanceCybersecurityWhite Collar CrimeTax Attorney

I advise clients on a variety of issues related to cybersecurity and privacy. This includes investigating and responding to data breaches, ransomware attacks, phishing attacks, business email compromises, wire diversion schemes, and similar cyber incidents. I also represent clients in litigation, including class actions, and regulatory inquiries stemming from those cyber incidents. In addition, I advise on best practices for interacting with law enforcement, regulators, contract parties, and other constituencies in the event of a cyber incident. I also assist 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 (GDPR), HIPAA, and the California Consumer Privacy Act (CCPA). I advise clients on cybersecurity and privacy issues in connection with due diligence related to investments and other corporate transactions.

Jan 2015–Nov 2023
Former role

Shareholder

Carlton Fields

Tampa , Florida

CybersecuritySecurities LawWhite Collar Crime
Jan 2012–Jan 2015
Former role

Assistant

U.S. Attorney’s Office

(appointed)Florida Middle District

ProsecutorCybercrimeTax Attorney

Joe served as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Middle District of Florida. In that role, Joe investigated and prosecuted offenses involving cybercrimes, obstruction of justice, tax fraud, and money laundering. Joe tried multiple cases to verdict and handled hundreds of hearings and other proceedings on behalf of the government. He also advised other prosecutors on investigative techniques involving internet and email providers, computers, websites, and other electronic evidence as the computer hacking and intellectual property coordinator in Tampa.

Jan 2007–Jan 2011
Former role

Associate

Arnold & Porter

Washington DC, District of Columbia

AttorneyLegal Assistance
Jan 2006–Jan 2007
Former role

Law Clerk

U.S. District Court

(appointed)Maryland, District of

Law ClerkResearch

Served as judicial law clerk to the Honorable Judge J. Frederick Motz, researching and drafting opinions, orders, and bench memoranda.

Jan 2001–Jan 2003
Former role

Analyst

Goldman Sachs

New York, New York

Business Analyst

Representative matters

Cybersecurity and Data Privacy

November 2023

Represented global manufacturing company in investigating and responding to cyberattack involving third-party software application. Represented life insurance company in investigating and responding to cyberattack involving third-party software application. Represented property and casualty insurance company in investigating and responding to ransomware attack. Represented settlement administrator in investigating and responding to business email compromise and wire diversion scheme. Defended health care provider in putative class action and federal regulatory investigation stemming from ransomware attack. Represented automotive supplier in investigating and responding to ransomware attack. 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 construction company in investigating and responding to wire diversion scheme and business email compromise. Represented electronics supplier in investigating and responding to ransomware attack, data breach, and fraudulent wire transfer scheme. Engagements included advising on contractual obligations with customers, coordinating with law enforcement, and notifying affected individuals and regulators. 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 life insurance company in investigating and responding to phishing attack and business email compromise. Representation included notification to law enforcement and regulators. Represented international retailer in investigating and responding to data breach suffered by third-party service provider. 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 cyberthreat. 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 insurance company regarding OFAC compliance in connection with ransomware attack and claim. Drafted and revised incident response guide and related policies and procedures for clients in various industries, including telecommunications, life insurance, financial services, and retail. Advised clients on compliance with privacy laws and regulations, including conducting data mapping, drafting privacy policies and related documentation, drafting and negotiating vendor contracts, and overseeing mock audits. Advised private equity firm and other clients on cybersecurity and privacy due diligence in connection with investments and other corporate transactions.

White Collar Crime and Government Investigations

November 2023

Represented executive and compounding pharmacies in defending against False Claims Act litigation. Represented construction companies in responding to federal grand jury subpoenas. Provided cybersecurity advice to client accused of computer crimes. Engagement included leading the depositions of government’s computer expert. Represented business owner in responding to federal criminal tax investigation. Represented durable medical equipment suppliers in multidistrict federal investigation involving alleged false claims and kickbacks. Represented electronic health record company in responding to and resolving federal False Claims Act investigation. Engagement ended with resolution on favorable terms for the client. Represented construction company in responding to federal contracting investigation. Engagement resulted in investigation being closed with no charges filed. Represented national financial institution in conducting investigation related to grand jury subpoena. Represented educational institution in responding 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

November 2023

Represented electronic health record company in multiple putative class actions in federal court stemming from federal DOJ investigation. 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.

Recognition

Honors

Commercial Litigation

The Best Lawyers in America®

January 2021

Also in 2024

Recognized as a top author in data privacy

JD Supra Readers’ Choice Awards

January 2021

Client Service All-Stars

BTI

January 2020

“Up & Comers”

Tampa Bay Business Journal

January 2017

Publications & speeches

What Broker-Dealers Need to Know About Reg S-P Amendments

Traders Magazine

June 2024

Quoted

Link

“Privacy and Cybersecurity Today and Tomorrow”

NAFA Annuity Distribution Summit — Nashville, TN

October 2023

Securities Section Breakout

Association of Life Insurance Counsel, 2023 Annual Meeting — Ojai, CA

May 2023

Panelist

“Breach Response Lifecycle”

10th Annual Gasparilla Cybersecurity Summit — Tampa, FL

January 2023

“Cybersecurity and Data Privacy and Rights Management”

ALI CLE Life Insurance Company Products 2022 — Washington DC

November 2022

“Incident Response Guide, Second Edition”

Sedona Conference Working Group 11 Midyear Meeting — Cleveland, OH

November 2022