No Password Required: A Cyber Practice Leader and Natural Optimist Who Believes Every Day Is the Best Day
Since the beginning of 2021, more than two dozen class action cases have been filed in Florida state court under Florida’s Security of Communications Act. The act has, in some form, been on the books for more than 50 years. It is modeled off of the Federal Wiretap Act and has traditionally been thought of primarily as the statute that prevents recording telephone calls.
In this podcast, Aaron and Joe discuss some of the key questions involved in these cases, including:
- Is removal to federal court advisable?
- Can defendants take advantage of the recognized “business extension exception” and good faith conduct defenses under Florida’s Security of Communications Act – and do those defenses play better in federal court?
- Is pursuing arbitration on a non-class basis a possibility – particularly pursuant to any contract the named plaintiff may have signed with the defendant for any type of service – a viable defense strategy?
- And, even if the named plaintiff is not subject to arbitration, can defendants argue that class certification is inappropriate in cases in which some, but not all, members of the class are subject to arbitration?
- Do defendants have sufficient disclosures/privacy policies in the terms of service displayed on their websites and mobile applications?
- Will the courts enforce such policies under the concept of “inquiry notice,” or will the courts take a strict “anti-browsewrap” stance?
- Can a class action be certified if individualized inquiries are required to determine who received the call? Under this framework, at least one Florida judge has denied class certification in a class action under Florida’s Security of Communications Act. Stalley v. ADS Alliance Data Sys., 296 F.R.D. 670 (M.D. Fla. 2013). Will the Stalley decision provide the framework to defeat certification in these cases?
- Likewise, in light of emerging case law from the Eleventh Circuit suggesting that whether a person has a reasonable expectation of privacy against being recorded is potentially a question based on specific circumstances, will this concept also be a viable class defense?
As courts across the country begin resuming jury trials, litigators returning to in-person proceedings must be prepared for the myriad logistical considerations brought on by the COVID-19 pandemic — from mask-wearing and physical distancing to the placement of witnesses and use of exhibits. In this program, Carlton Fields appellate attorneys Matt Conigliaro and James Parker-Flynn discuss their experience participating in live jury trials during COVID-19 and offer practice insights and lessons learned for effective trial advocacy post-COVID.
Phillip Tarrant is the SOC Technical Manager at Compuquip Cybersecurity who is passionate about many things in life, including his pet chickens, building things both with and without a keyboard, disconnecting in nature, and welcoming people into the field of cybersecurity. In this episode, Phillip joins the No Password Required team to talk about his unique journey into the field of cybersecurity, why chicken diapers are crossing the line, why the Empire is in serious need of some data protection policies, and more. Ernie, Clabby, and Pablo discuss the presidential administration’s new cybersecurity initiatives in response to the SolarWinds attack and what they mean for the future. In the “Positively Cyber” segment, Pablo compares two members of the Mystery Incorporated gang and analyzes whether Scooby-Doo or Velma would be the better fit for our fictitious cybersecurity organization.
Rachel Tobac is the CEO and co-founder of Social Proof Security who hopes to one day work herself out of a job by improving education and awareness of social engineering attacks. In this episode, Rachel joins the No Password Required team to talk about her path from studying behavioral psychology to starting a successful cybersecurity company, why Shih Tzu’s would be the best canine cybersecurity professional, how her quirky skills serve as an asset to her company, her passion for improving diversity in the cyber and technology industries, and more. BONUS: she sings an info-sec sea shanty that is as catchy as it is informative. Clabby and Ernie talk about the recent hack on the Molson Coors Beverage Company, and in the “Positively Cyber” segment, Pablo analyzes why the Mandalorian would be the perfect fit for showing our new recruits “the way” in our fictitious cybersecurity organization. You should check this episode out soon; if Rachel is correct about the time travel butterfly effect, you may never get another chance…
Join Carlton Fields attorney Joe McManus and Scott MacLeod of DPR Construction as they discuss the challenges and opportunities of public contracting, the intersection of public and private work, and advice on new trends in the government contracting arena.
Roger Grimes is the defense-driven evangelist at KnowBe4 who confidently defines himself as the best in the world at defending against hackers. In this episode, Roger joins the No Password Required team to discuss how being a terrible accountant led him to the world of cybersecurity, why octopi cannot be trusted, and why music is the best way to create powerful connections. Additionally, Clabby and Pablo discuss insights from the National Security Agency’s 2020 cybersecurity year in review. In the “Positively Cyber” segment, Pablo analyzes why Hermione Granger’s work ethic and determination would make her the perfect fit for Senior Director of Threat Intelligence in our fictitious cybersecurity organization.
Join Steve as he welcomes back Nick Brown as a contributor to discuss the intricacies of betting on esports from a legal perspective. In this episode, they explain the laws that regulate esports gambling, highlight some of the regulatory challenges facing esports gambling, and identify some risks inherent in the process.
No Password Required: A Pen Tester at Rapid7 With a Passion for LEGO Bricks, Star Wars, and Sometimes LEGO Star Wars
Shane Young is a penetration tester at Rapid7 whose real-life acting and cyber skills would have been a great addition to the “Oceans 11” team. In this episode, Shane joins the No Password Required team to share some of his exciting stories as a penetration tester, how hacking his high school’s network got him into the world of cybersecurity, and why LEGO bricks are really made for adults, not kids. Additionally, Shane, Ernie, and Clabby discuss The Mandalorian and the Star Wars universe (no spoilers!) Clabby and Ernie explore the controversial GoDaddy phishing campaign and the ethical ramifications of company phishing tests. In the “Positively Cyber” segment, Pablo Torres analyzes why Mulan has the skills and dedication to be a savvy network defender in our fictitious cybersecurity organization.
Melinda Lemke is the Head of Information Security at King & Spalding with a decade of leadership experience in the cyber industry. In this episode, Melinda joins the No Password Required team to talk about her experience as a woman and leader in this field, how professional mentors can enhance success, and the best yacht-rock bands of all time. Maybe most importantly, the team discusses the John Hughes movie universe and why Kevin McAllister is a better problem-solver than Ferris Bueller. Additionally, Ernie and Clabby explore the importance of password security and real-world ransomware attacks, including the ransomware attacks on Miami-Dade county schools. In the “Positively Cyber” segment, Pablo Torres explores the reasons why John Wick would be the perfect candidate for an elite penetration-tester position in our fictitious cybersecurity organization.
Stephen “Scuba” Gary is a cyber intelligence professor at the University of South Florida with over 15 years of experience in the cybersecurity industry. In this episode, Scuba joins the No Password Required team to discuss his journey in the field of cybersecurity, how one gets the nickname Scuba without scuba diving, and why math nerds throw the best parties. Scuba, Ernie, and Clabby analyze ransomware attacks in Florida, security lessons to be learned from the 2020 elections, and more. In the “Positively Cyber” segment, Pablo Torres explores why Peter Quill, aka the Star Lord, aka the leader of the Guardians of the Galaxy, would be a perfect fit for Chief Technology Officer in a fictitious cybersecurity organization.
Due in large part to the COVID-19 pandemic, there’s been significant movement toward the government contracting arena and away from the commercial world. Join Carlton Fields attorney Joe McManus and Paul Williams, former chief judge of the Armed Services Board of Contract Appeals, as they discuss the transition from commercial work to government contracting and the contract administration phase of the contracting process.
In the first episode of our OFCCP-focused podcast series, Carlton Fields attorney Rae Vann and BCGi’s Matt Nusbaum discuss the possible fate of several Trump-era OFCCP policy directives under the incoming Biden administration, and what these changes may mean for employers.
The COVID-19 pandemic has changed the way millions of people work. Remote workers are especially vulnerable to cyber threats such as ransomware and business email compromise. Joe Swanson, chair of Carlton Fields’ Cybersecurity and Privacy Practice, discusses important cybersecurity trends, what companies should do to prepare for cyber breaches, how to mitigate risk if an employee makes a mistake, vendor management issues, and the importance of a game plan if you are hit with an attack.
The cannabis industry faces numerous challenges given the current federal legislation and regulatory framework, including a lack of service providers, illusory insurance coverage options, and higher risk with fewer protections. Fundraising for cannabis companies can be particularly difficult. Chase Wright, a member of the professional practices group at Cherry Bekaert, discusses several avenues that companies in the cannabis space can take to raise capital for funding and expansion.
Starting a business is not for the faint of heart. Your best chance at survival and success is to plan out the life cycle of your company from the beginning and how you are going to exit at the end. The decisions you make when starting a business will be critical to the success you enjoy or the disadvantages you may suffer. Barry Weins, a member of the professional practices group at Cherry Bekaert, discusses the long-term tax and legal implications entity selection can have on your company.
The world is not the same since we left our places of employment in March at the beginning of the COVID-19 pandemic. As employees return to their workplaces or continue working remotely, employers should, of course, be thinking about their safety. But, there are other important things to consider such as brand and company reputation as well EEO considerations. Rae Vann, a labor & employment shareholder at Carlton Fields and vice president at Core Triangle, a Carlton Fields subsidiary that provides human resources and risk management consulting to private and public companies, will share what employers should be doing now and what has changed permanently as a result of the pandemic.
Former AUSA Jack Clabby, a litigator with Carlton Fields, describes his unique method for opening corporate internal interviews. The “Compass Rose” is designed to build rapport with the witness and elicit important background information in an organized, repeatable way.
Steve, Nick, and new player Charles explore how trade secrets impact the video game industry. They explain how trade secrets work, discuss recent esports litigation over trade secrets, and share some best practices for protecting trade secrets.
Join Steve and Nick as they dive into the complex and conflicting world of global video game regulations. They discuss various countries’ approaches to regulation, provide tips on how to enter coveted foreign markets, and peer into the future of video game and esports regulations in the United States and abroad.
In this episode, Steve and Nick interview John Kracum, a former lawyer and current vice president of Misfits Gaming Group, about the wide array of legal issues facing today’s top esports teams.
Since Steve and Nick first explored the issue of loot boxes on this podcast, the world has taken note, and the loot box debate has exploded. In this episode, we cover the ensuing twists and turns in the loot box saga and explain how their treatment and regulation have developed on a global scale.
The Carlton Fields webinar “COVID-19: What a Lender Can Do to Prepare for the Inevitable Defaults – Part 2” on March 31 covered a broad range of topics related to the coronavirus as it relates to the financial sector. If you were in attendance, we hope the program was both informational and helpful.
In this webinar, Carlton Fields attorneys discuss issues facing the industry, including governmental takings of private property for public use during crisis and updates on the civil court system (state and federal, including bankruptcy), tools to use in crisis, labor and employment matters, and demands for forbearance.
Workplace issues stemming from the novel coronavirus abound, and many employers continue to seek practical and timely answers and solutions. In this podcast, Carlton Fields employment law attorneys Rae Vann and Quincy Bird answer many of the questions employers may have about the impact on COVID-19 in the workplace, including recent guidance from the Department of Labor and the Equal Employment Opportunity Commission.
Steve and Nick discuss contractual considerations facing many esports and video game companies canceling scheduled events due to the COVID-19 pandemic. They explain the importance of force majeure clauses in contracts, common-law defenses, and how some companies have shifted to offering digital events.
In this webinar, Carlton Fields attorneys are joined by David Harrison of Midland Loan Services to discuss issues facing the industry, including continuing advances on lines of credit, nonmonetary defaults, pre-and post-bankruptcy issues, force majeure, due diligence, forbearance issues, and foreclosure issues.
Steve and Nick examine the trends behind the explosive growth enjoyed by the mobile gaming industry, as well as some of the legal and practical issues that come along with it. They then interview Brian Grayson, Founder and CEO of Lionheart Games, and talk about the differences in developing and publishing for the mobile market, challenges unique to the platform, and the future of mobile gaming.
There are many obstacles and complexities that cannabis companies face in securing IP rights on their products. In this podcast, Carlton Fields intellectual property attorney Coy Stull discusses a pending patent infringement case involving two cannabis companies and the key takeaways for entities selling CBD products.
Scholastic esports programs have spread like wildfire throughout the country. Join Steve and Nick as they catalog the rapid rise of collegiate esports and discuss some of the legal issues that have come with it. Also hear from Tyler Schrodt, founder & CEO of the Electronic Gaming Federation, who shares some of the rewards and challenges of establishing a national collegiate esports league, as well as those facing today’s collegiate esports competitors.
The key to successful oral advocacy is effective preparation. In this podcast, Carlton Fields attorneys Gary Sasso, Peter Webster, and Christine Davis discuss the importance of mock oral arguments in preparing for oral arguments on appeal and in trial court proceedings.
The video game industry has undergone a seismic shift from a fixed-goods delivery model to one that instead treats games as a service. Join the LAN Party Lawyers as they discuss this industry shift, what it means for players and video game companies alike, and what game companies could do to appreciate the risks involved.
This episode explores the circumstances involved in a recent data breach involving the cannabis industry. We explore cybersecurity and data privacy issues that all cannabis companies need to consider, and provide practical cybersecurity tips that cannabis companies should consider to better protect their business.
With the introduction of the CCPA in January 2020, many other U.S. states have also begun to consider their own proposed data privacy legislation. In this podcast, Elizabeth Reilly from Fidelity National Financial joins Carlton Fields’ attorneys Jack Clabby, Joe Swanson, and Steve Blickensderfer as they answer real questions from real members of the American Land Title Association on compliance in the current data privacy framework and the future of privacy legislation.
Join Elizabeth Reilly from Fidelity National Financial and Carlton Fields’ attorneys Jack Clabby, Joe Swanson, and Steve Blickensderfer as they answer real questions from real members of the American Land Title Association on available tools and practical tips for companies as they work to comply with the CCPA.
The CCPA makes several key distinctions in how it defines service providers, covered businesses, and third parties. This podcast discusses some critical definitions in the CCPA as they apply to the land title industry, including how the CCPA applies to service providers or third parties and the definition of “sale” under the CCPA.
In this program, Elizabeth Reilly from Fidelity National Financial joins Carlton Fields’ attorneys Jack Clabby, Joe Swanson, and Steve Blickensderfer as they answer real questions from real members of the American Land Title Association on what the CCPA means for the land title industry.
Recorded live from Atlanta during DreamHack and the inaugural Esports Summit, join Steve and Nick as they discuss these esports events and interview Allie Young, founder, and CEO of Axis Replay and board member of the Atlanta Esports Alliance.
Attorney David Karp and Pulitzer Prize-winning journalist Gilbert King, author of Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America, discuss the importance of access to historically significant grand jury records in the quest for truth and reconciliation in our criminal justice system. David wrote an amicus brief for King and the First Amendment Foundation on the subject in a case before the U.S. Court of Appeals for the Eleventh Circuit involving grand jury records about a 1946 unsolved lynching of two African American couples in Georgia.
In this program, Jack Clabby, Joe Swanson and Steve Blickensderfer give practical advice on the attorneys’ role in a data security incident response guide, which is a key document in preparing for California’s new data privacy law, the CCPA.
Originally produced in American Bar Association Section of Litigation’s Sound Advice Podcast Series
On October 11, 2019, the California AG published its long-awaited proposed regulations to implement the CCPA. This podcast describes a few key points from those draft regulations, including as they relate to online privacy notices, verifying consumer requests, and financial incentive offerings. The full text of the notice of proposed rulemaking, the regulations, and the initial statement of reasons is worth reading in full.
CF on Cyber & FICPA presents Refeathering the Pillow: Catching, Containing & Cleaning up Cyber Fraud
In this podcast, cybersecurity attorney Jack Clabby discusses safety and risk management in data loss incidents with Mia Thomas, CPA, CGMA, Director of Learning for the FICPA.
The cannabis industry is rapidly expanding in the United States, with multiple jurisdictions and corporations seeking to accommodate the evolving cannabis market. Carlton Fields attorneys Kevin McCoy and Jennifer Tschetter discuss the emergence of cannabis as a billion-dollar, mainstream industry; explore its impact on corporate clients; and analyze the ever-evolving legal landscape in this space.
In this special episode recorded live on the floor of Guardian Con 2019 in Orlando, Steve and Nick interview Bennett Newsome, Full Sail University’s Esports Strategist and a partnered Twitch streamer. They discuss the challenges and rewards in collegiate esports, as well as the journey to realizing one’s dream on the largest streaming platform in the world.
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.
In this special post-season episode recorded live on the floor of Guardian Con 2019 in Orlando, Steve and Nick interview Slate Schwertner of 505 Games and Vida Starčević of Remedy Games. They discuss various issues facing game developers and publishers, including microtransactions, FTC influencer guidelines, and gender relations, as well as their new game Control, which launches August 2019.
Justin Wales and Michael Yaeger discuss what may happen when you are served with a subpoena from the SEC, or get approached by the Department of Justice, and what steps you should take in response. In the second half of the discussion, Justin and Michael focus on some issues in the crypto space.
Employment-related issues abound in esports and the video game industry. Join Steve and Nick in the last episode of Season One of the LAN Party Lawyers podcast as they discuss some of the most pressing issues facing the industry – from the problem of “crunch,” to esport player contracts. They are joined by entertainment lawyer Steve Sidman, who offers valuable insights based on more than two decades of experience representing creative talent and industry players.
In this presentation excerpt, Appellate Shareholder Dean Morande shares some quick tips on summary judgments and judicial notice, including what standards need to be met, what needs to be on the record in order to win a summary judgment and ensure it is upheld on appeal, and how to get the evidence into the record.
Steve and Nick explore intellectual property rights issues in gaming and discuss recent cases involving alleged copyright and trademark infringement with intellectual property lawyer Gail Podolsky.
Join Steve and Nick as they discuss the spectacular rise of esports, as well as various ways companies are investing in esports. They are joined by startup and venture capital investor and advisor to the firm Adam Smith, who highlights some of the concerns unique to investing in esports and businesses in this space.