Carlton Fields Podcasts

The last few weeks have seen a flood of executive office mandates — and EEO mandates in particular — affecting employees, federal contractors, and subcontractors. Join Carlton Fields attorneys Joe McManus and Rae Vann as they discuss recent federal developments in labor and employment law and concerns for construction contractors, including the 2021 Corporate Scheduling Announcement List (CSAL), OFCCP federal contractor affirmative action requirements, COVID-19 vaccination mandates for federal contractors and on-site contractors, and OSHA’s anticipated emergency temporary standard (ETS).

Charity Wright is a Cyber Threat Intelligence Analyst at Recorded Future who specializes in Chinese threats and disinformation. Charity is a Super Mario-loving extrovert who utilizes her research and inferencing skills in both of her full-time jobs; threat analyst and mom. Charity is a Chinese Linguist who often spends her workdays scrolling through social media searching for trolls and Chinese disinformation/propaganda. In this episode, Charity joins the No Password Required team to talk about how she came to be a linguist in the U.S. military, possibilities of where China will go in the future, and why curiosity has been one of the most essential aspects of her career. Ernie, Clabby, and Pablo talk about Clabby's "Yahoo! news rule" and the channels they use to stay informed in the ever-changing cyber industry. In the Positively Cyber segment, Pablo introduces the sophisticated, yet mysterious, Jay Gatsby as the Chief Financial Officer of our fictitious cybersecurity organization.

In part 2 of this series, we continue to discuss the tools that cybersecurity teams use to combat ransomware attacks.

Ransomware is a type of malware used by criminal organizations to gain unlawful access to computer networks and encrypt the data stored on those networks and render it unusable. The criminal organization then holds the data hostage until a ransom payment is made. If the ransom is not paid, the victim organization’s data will either remain encrypted and unusable or it could be released to the public.

Carlton Fields Shareholder Jack Clabby joins Scott Moritz and Ron Yearwood, Senior Managing Directors at FTI Consulting, to discuss best practices for preventing and mitigating ransomware.

Ransomware is a type of malware used by criminal organizations to gain unlawful access to computer networks and encrypt the data stored on those networks and render it unusable. The criminal organization then holds the data hostage until a ransom payment is made. If the ransom is not paid, the victim organization’s data will either remain encrypted and unusable or it could be released to the public.

Carlton Fields Shareholder Jack Clabby joins Scott Moritz and Ron Yearwood, Senior Managing Directors at FTI Consulting, to discuss best practices for preventing and mitigating ransomware. This is the first of a two-part series on FTI's Fraud Eats Strategy podcast.

The economic conditions across construction sectors have been in a state of volatility since the COVID-19 pandemic arrived. It’s no surprise that many businesses and organizations adopted a wait-and-see approach before investing significant capital into the construction of modernized or new facilities.

Notwithstanding, one of the outliers to this period of uncertainty is the health care construction sector. According to industry forecasts, health care construction spending is projected to further increase by 3% in 2021 to $28 billion. And COVID-19 has actually spurred a number of advancements in health care facility development and delivery – chief among them is modular delivery.

In this podcast, Joseph McManus Jr., President of Centinel Consulting, joins VP and Business Manager Kim Neuscheler and VP, Healthcare Director-Florida Larry Blackburn of Turner Construction Company, one of the nation’s top health care construction contractors, and Dann Finn, co-founder and COO of MDN Development LLC, the leader in modular design and delivery, to provide their boots-on-the-ground perspectives, key health care construction market trends and projections, and benefits of certain delivery methods as clients look for speed to market and ways to control cost escalation.

Dr. Greg Hall is a Research Scientist at the Institute for Human-Machine Cognition and the University of West Florida. Dr. Hall is a Corvette-driving car lover who considers ALF to be one of the classics and has great taste in hats. He also does research in full-spectrum cyber operations and contributes to the Florida Cyber Range, a digital platform that provides training and testing solutions for academic, government, military, and industry. In this episode, Dr. Hall joins the No Password Required team to discuss his research in full-spectrum cyber operations, why the sit-and-spin has made a place in history as the best (and possibly most dangerous) childhood toy, and more. Ernie, Clabby, and Pablo discuss the government’s Rewards for Justice Program and the new $10 million reward for information. In the “Positively Cyber” segment, Pablo challenges Clabby by welcoming Harvey Specter to our fictitious cybersecurity organization as a Privacy and Cybersecurity Lawyer.

Dan Burke is the Cyber Practice Leader at Woodruff Sawyer, one of the largest insurance brokerage and consulting firms in the US. Dan is a natural optimist and family man who believes every day is going to be the best day and the next shot will always be his greatest golf shot. In this episode, Dan joins the No Password Required team to talk about his personal connection to Colby-jack cheese, the most misunderstood things about cyber risk and insurance, and his bucket-list golfing spots. Ernie, Clabby, and Pablo discuss the recent Colonial Pipeline/Bitdefender controversy and the pros and cons of publicizing intelligence that could help ransomware victims. In the “Positively Cyber” segment, Pablo introduces the iconic Winston Wolfe to our fictitious cybersecurity organization as a Data Loss Prevention freelancer.

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.