FacultyFaculty/Author Profile
Divonne Smoyer

Divonne Smoyer

Reed Smith LLP

Washington, DC, USA


Divonne advises clients on a wide range of legal matters, with a particular focus on legal and policy matters involving state attorneys general (AGs). Divonne has extensive experience counseling major corporations through government investigations and litigation, as well as private litigation. She regularly represents Fortune 100 companies on high-stakes matters, and advises clients in a wide array of industries.

Divonne works with clients to avoid becoming the target of state investigations and to resolve issues before they become litigation. She is also an experienced legal advocate, ready to represent companies when litigation becomes inevitable.

In addition, Divonne regularly represents clients before state AGs and monitors policy and legal trends that may impact clients at The National Association of Attorneys General (NAAG), Conference of Western Attorneys General (CWAG), and Democratic and Republican Attorneys General Associations (DAGA and RAGA).

With a particular interest in privacy and data-loss issues, Divonne uses her experience as an IAPP (International Association of Privacy Professionals) Certified Information Privacy Professional (CIPP/US) to help clients develop policies and strategies for complying with data privacy laws, and implementing industry best practices. She is particularly experienced helping clients cope with legal compliance and loss mitigation issues following a data loss.

Honours & Awards

  • Recognized by Chambers USA: America's Leading Lawyers for Businesses as one of the country's top attorneys in her field
  • Accredited as a Certified Information Privacy Professional (CIPP/US) by the IAPP
  • Serves on the Education Advisory Board of IAPP
  • Experience as anadjunct professor at the Georgetown University Law Center and the George Washington University Law School (ADR and Negotiation Seminars)

Publications

  • 22 August 2016"Q&A with Massachusetts AG Maura Healey"The Privacy Advisor; Co-Author: Kimberly Chow
  • 2 November 2016"U.S. Chamber Releases Results of Data Privacy Consumer Poll Showing Non-Partisan Consensus on Legal Reform"Technology Law Dispatch; Co-Author: Kimberly Chow
  • 6 October 2016"State AGs Double Down Focus on Financial Services, including FinTech"FinTech Update; Co-Author: Evan Thorn
  • 12 May 2016"Georgia Attorney General Supports Federal Data Breach Standard"Technology Law Dispatch; Co-Author: Kimberly Chow
  • 26 April 2016"Q&A: DC Attorney General Karl Racine talks consumer privacy"The Privacy Advisor; Co-Author: Kimberly Chow
  • 10 April 2016"Expect Increased State AG Enforcement Actions on Health Data Incidents"Life Sciences Legal Update; Co-Author: Brad M. Rostolsky
  • 7 April 2016"State AGs Upping the Ante on Health (and Other) Information Data Incidents – Expect Increased Enforcement Actions"Technology Law Dispatch; Co-Author: Brad M. Rostolsky
  • 17 February 2016"California AG Proposes State Consensus on Breach Laws"Technology Law Dispatch; Co-Author: Kimberly Chow
  • 8 July 2015"47 Attorneys General to Congress: Federal Breach Legislation Should Not Preempt the States"Technology Law Dispatch; Co-Author: Christine Nielsen Czuprynski
  • 18 June 2015"Mississippi AG: Best To Notify Us Quickly of A Breach"The Privacy Advisor
  • 22 May 2015"Beware the Growth of State AG Enforcement Efforts"Corporate Counsel; Co-Author: Christine Nielsen Czuprynski
  • 28 April 2015"Illinois AG Targets ID Theft, Earlier Breach Notification"The Privacy Advisor; Co-Author: Christine Nielsen Czuprynski
  • 13 May 2015"State AGs’ Interest in Privacy and Cybersecurity – No End in Sight – REDUX (or, if you prefer, we told you so…)"Technology Law Dispatch
  • 8 May 2015"Illinois AG Proposes Changes to State Law Regarding Personal Information and Data Breach Notification"Technology Law Dispatch; Co-Author: Christine Nielsen Czuprynski
  • 20 April 2015"State AGs' Interest in Privacy and Cybersecurity - No End in Sight"Global Regulatory Enforcement Law Blog
  • 20 April 2015"Washington Amends its State Data Breach Notification Law"Technology Law Dispatch; Co-Author: Christine Nielsen Czuprynski
  • 31 March 2015"Oregon AG Seeks Tougher State Breach Law"Technology Law Dispatch; Co-Author: Christine Nielsen Czuprynski
  • 24 March 2015"Oregon AG Seeks Tougher State Breach Law"The Privacy Advisor; Co-Author: Christine Nielsen Czuprynski
  • 17 March 2015"Update on State Attorneys General: Connecticut Creates a Permanent Privacy Department; NAAG Covers Big Data, Cybersecurity, and Cloud Computing; and States Amend Breach Laws"Global Regulatory Enforcement Law Blog; Co-Author: Christine Nielsen Czuprynski
  • 13 January 2015"White House Previews Ambitious (if Familiar) Privacy and Cybersecurity Proposals for 2015"Technology Law Dispatch; Co-Author: Paul Bond
  • 19 December 2014"Oregon Breach Notification Law Changes on the Horizon"Global Regulatory Enforcement Law Blog; Co-Author: Christine Nielsen Czuprynski
  • 12 December 2014"FCC'S Notice of Opportunity To Comment on Robocalls and Call-Blocking Issues Raised by 39 Attorneys General"Global Regulatory Enforcement Law Blog; Co-Author: Judith L. Harris
  • 8 December 2014"Social Media at Work: Plaintiffs’ Bar and the NLRB Go Viral"U.S. Chamber for Legal Reform; Co-Authors: Sara A. Begley, Joel S. Barras
  • 31 October 2014"Data Security Threats Are on the Rise in the Golden State, According to California Attorney General Kamala Harris"Global Regulatory Enforcement Law Blog; Co-Author: Maytak Chin
  • 29 October 2014"Reed Smith attorneys conduct Q&A with Idaho AG"Global Regulatory Enforcement Law Blog
  • 28 October 2014"Idaho AG Talks Breach Notification, His Role as Privacy Enforcer"The Privacy Advisor
  • 21 October 2014"Perils and Pitfalls: Social Media Law and the Workplace"U.S. Chamber Institute for Legal Reform; Co-Authors: Sara A. Begley, Joel S. Barras
  • 17 September 2014"FTC Workshop on Big Data: Focus on Data Brokers"Global Regulatory Enforcement Law Blog; Co-Author: Christine Nielsen Czuprynski
  • 11 September 2014"Reed Smith attorneys conduct Q&A with State AGs"Global Regulatory Enforcement Law Blog
  • 26 August 2014"Q&A: Connecticut AG Talks Privacy Enforcement, Collaboration with the FTC"The Privacy Advisor; Co-Author: Christine Nielsen Czuprynski
  • 25 July 2014"FTC Commissioner Brill Urges State AGs to Up the Ante"Global Regulatory Enforcement Law Blog; Co-Author: Christine Nielsen Czuprynski
  • 30 June 2014"Florida Strengthens Data Breach Notification Law"Global Regulatory Enforcement Law Blog; Co-Author: Christine Nielsen Czuprynski
  • 27 May 2014"Q&A: Indiana AG on Initiatives, Priorities for Privacy Protection"The Privacy Advisor: The Official Newsletter of the International Association of Privacy Professionals; Co-Author: Paul Bond
  • 23 May 2014"California Attorney General Issues Recommendations for Privacy Policies and Do Not Track Disclosures"Reed Smith Client Alerts
  • 28 January 2014"State Attorneys General as U.S. Privacy Regulators—Q & A with Maryland AG Doug Gansler"The Privacy Advisor
  • 23 January 2014"State AG Enforcement of the Wage-and-Hour Laws: Not Just for the Plaintiff's Bar Anymore"Association of Corporate Counsel
  • 12 December 2013"Think the FTC Is the De Facto U.S. Data Protection Authority? State AGs May Have Something To Say"Privacy Perspectives
  • 26 November 2013"State AGs: The Most Important Regulators in the U.S.?"The Privacy Advisor
  • September 2013"Privatizing Public Enforcement The Legal, Ethical and Due-Process Implications of Contingency-Fee Arrangements in the Public Sector"U.S. Chamber Institute for Legal Reform
  • June 2013"Ten Cyber Issues Boards and Chief Legal Officers Need to Know (and Worry) About"Association of Corporate Counsel
  • 1 May 2013"The Growing Reach of State Attorneys General Over Data Privacy and Security Breach Incidents"Recent Trends in Privacy and Data Security: Leading Lawyers on Analyzing Information Storage Regulations and Developing Effective Data Protection Policies (Inside the Minds)
  • 30 April 2013"The State Attorney General Enforcement Era"Corporate Counsel
  • 25 April 2013"State Attorneys General Increasingly Concerned with Data Privacy"Policy Informer
  • 7 February 2013"State AGs And Data Privacy: A Review And Look Ahead"Law 360
  • 6 October 2010"A Data Breach Doesn’t Have to be a Death Sentence for Business"Washington Business Journal

Speaking Engagements

  • 25 October 20162016 Consumer Privacy & Security Session, Washington, D.C."State Attorneys General Privacy Enforcement: Present and Future"
  • 19 October 201688th Annual AHIMA Convention and Exhibit, Baltimore, Maryland"The "Other" Regulators: Who Investigates Healthcare Providers Other than the Office for Civil Rights?"
  • 24 May 2016The Future of No Harm Class Actions: Spokeo v. Robins and Its Aftermath
  • 9 December 2015Navigating the Enforcement Authority of the State Attorneys General
  • 22 July 20152015 Conference of Western Attorneys General, Kihe, Hawaii"Investigating and Negotiating a Consumer Protection Case"
  • 9 July 2015Understanding the Power and Enforcement Efforts of State Attorneys General
  • 9 April 2015Get to Know Vermont Attorney General William H. Sorrell
  • 23 February 2015IAPP Knowledgenet, Washington, D.C."Privacy Regulators - AGs, FCC and FTC - Oh My!"
  • 29 January 2015IAPP Web Conference "Privacy from the State Perspective: State Attorney General (AG) Privacy Enforcement Priorities"
  • 9 September 2014Get to Know Wisconsin Attorney General J.B. Van Hollen
  • 23-24 April 20142014 ANA Advertising Law & Public Policy Conference, Washington, D.C."State Attorneys General Briefing: Breakfast Conversation with J.B. Van Hollen"
  • 14 February 2014IAPP Knowledgenet, Washington, D.C."A Conversation with State and Federal Privacy Regulators"
  • 6 October 2013SCG Legal Annual Meeting, San Francisco, California"The Right to Be Left Alone: Privacy, Technology & The Law"
  • 30 September - 2 October 2013IAPP Privacy Academy, Bellevue, Washington"Increased Focus on Data Privacy by State Attorneys General"
  • 17 September 2013ACC Colorado Cybersecurity Meeting, Denver, Colorado"Cyber Issues Chief Legal Officers and Legal Counsel who Advise Boards Need to Know (and Worry) About"
  • 14 May 2013ACC SFBA Life Sciences Committee Meeting, Redwood, California"What Keeps You Up At Night - Understanding and Safeguarding Against Federal and State AG Regulatory Issues and Enforcement Issues"
  • 1 February 201211th Annual Legal and Compliance Forum on Privacy & Security of Consumer and Employee Information, Washington, D.C."Integrating New and Anticipated Legislative, Regulatory and Enforcement Initiatives Into Your Privacy and Compliance Programs"
  • 15 October 2011State Capital Group Annual Meeting, Washington, D.C."Outlook for State-Level Policy Initiatives"
  • 5 May 2011ACI’s Regulatory Compliance & Risk Management Conference, New York, New York"Making Sense of the Emerging State Initiatives and Variations in the Aftermath of Dodd-Frank and Eased Federal Preemption Rules, With a View from State Attorneys General"
  • 3 June 2010ACI Litigation and Enforcement Preparedness for Data Privacy & Information Security, Dallas, Texas"Emerging State Enforcement Activities and Investigations and the Growing Authority of State Attorneys General"
  • 7 May 2010Northwestern Law Attorneys General Education Program Second Annual Public Policy Conference, Chicago, Illinois"Comparative Regulatory Approaches to Protecting Consumer Privacy"
  • 25 March 2010WMACCA Signature Luncheon, Tyson's Corner, Virginia"Cyber Security"
  • 10 March 2010Georgetown Law CLE & ACC 14th Annual Corporate Counsel Institute, Washington, D.C."Safeguarding Consumer Trust and Your Company’s Reputation: Navigating Through Privacy and Data Protection Issues on a Global Information Society"
  • 16 September 2009American Conference Institute Cyber Risk Conference, Philadelphia, Pennsylvania"Using State Notification Requirements to Create an Incident Response Plan that Anticipates Legal Requirements and Coverage Issues in the Event of a Data Breach"

Employment History

  • 2014 - Reed Smith

Notable Quotes

  • "4 Tips for Disclosing a Data Breach to Regulators," Law360, 12 May 2015
  • "State AGs Won't Stand Down in Face of Federal Breach Law" , Law360, 14 January 2015
  • "Does the FCC Have FTC Envy?," The International Association of Privacy Professionals, 31 October 2014
  • "States Defend Turf From Feds on Data Breach Rules," Politico, 19 February 2014
  • "Calif. AG Puts A Clock On Data-Breach Reporting,"Law360, 3 February 2014
  • "$17M Google Privacy Pact Demonstrates Muscle Of State AGs," Law360, 18 November 2013
  • "State Attorneys General Are Crucial Force In Enforcement of Data Breach Statutes," Bloomberg BNA,7 October 2013
  • "Amidst U.S. Gov’t Shutdown, State AGs Chuckle at Idea of Federal Breach Law," The Privacy Advisor, 2 October 2013
  • "Calif. AG Won't Back Down After Delta Privacy Suit Setback,"Law360, 13 May2013

Education

Harvard Law School, 1995, J.D., cum laude, Executive Editor of the Harvard Women's Law Journal

Smith College, 1992, A.B., summa cum laude

Professional Admissions / Qualifications

New York

District of Columbia

Court Admissions

U.S. Supreme Court

U.S. District Court - District of Columbia

Superior Court - District of Columbia

Supreme Court - New York

Divonne Smoyer is associated with the following items:
Web Segment  Web Segment Responding to the Investigation - Government Investigations 2017: Investigations Arising From Data Breach and Privacy Concerns and Parallel Proceedings, Monday, February 27, 2017
CHB Chapters  CHB Chapters Assurance of Voluntary Compliance; In the Matter of Adobe Systems Inc. (2016) - Government Investigations 2017: Investigations Arising From Data Breach and Privacy Concerns and Parallel Proceedings, Monday, February 27, 2017
California Department of Justice, Privacy Enforcement and Protection Unit, California Data Breach Report (February 2016) - Government Investigations 2017: Investigations Arising From Data Breach and Privacy Concerns and Parallel Proceedings, Monday, February 27, 2017
MP3 Audio  MP3 Audio Responding to the Investigation - Responding to the Investigation, Monday, February 27, 2017
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Responding to the Investigation - Responding to the Investigation, Monday, February 27, 2017
On-Demand Web Programs  On-Demand Web Programs Government Investigations 2017: Investigations Arising From Data Breach and Privacy Concerns and Parallel Proceedings, Wednesday, March 01, 2017, New York, NY
Live Seminar  Live Seminar Government Investigations 2018: Investigations Arising From Data Breach and Privacy Concerns and Parallel Proceedings, Tuesday, February 13, 2018, New York, NY
Live Webcast  Live Webcast Government Investigations 2018: Investigations Arising From Data Breach and Privacy Concerns and Parallel Proceedings, Tuesday, February 13, 2018, New York, NY
PLI Grpcast-Live Web  PLI Grpcast-Live Web Government Investigations 2018: Investigations Arising From Data Breach and Privacy Concerns and Parallel Proceedings, Tuesday, February 13, 2018, Mechanicsburg, PA
Government Investigations 2018: Investigations Arising From Data Breach and Privacy Concerns and Parallel Proceedings, Tuesday, February 13, 2018, Cleveland, OH
Government Investigations 2018: Investigations Arising From Data Breach and Privacy Concerns and Parallel Proceedings, Tuesday, February 13, 2018, Philadelphia, PA
Government Investigations 2018: Investigations Arising From Data Breach and Privacy Concerns and Parallel Proceedings, Tuesday, February 13, 2018, Pittsburgh, PA
Government Investigations 2018: Investigations Arising From Data Breach and Privacy Concerns and Parallel Proceedings, Tuesday, February 13, 2018, Nashville, TN
Government Investigations 2018: Investigations Arising From Data Breach and Privacy Concerns and Parallel Proceedings, Tuesday, February 13, 2018, Columbus, OH
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