Divonne Smoyer

Subscribe to all posts by Divonne Smoyer

An interview with New York Attorney General, Letitia James

In the October edition of IAPP’s Privacy Advisor, Divonne Smoyer, Hubert Zanczak, and Stuart Cobb interview New York State Attorney General, Letitia James, about her view of consumer privacy, her work to date in enforcing existing laws, as well as helping introduce new ones, and her thoughts about the future of privacy in New York … Continue Reading

Protecting consumers online: FTC and CFPB team up with State AGs

The recent National Association of Attorneys General Presidential Summit marked a clear partnership between state AGs, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) to accomplish Iowa AG Tom Miller’s “fight back” presidential initiative: Consumer Protection 2.0: Tech Threats and Tools. Given this, we expect to see enhanced coordination and enforcement … Continue Reading

Mental Health Parity is Garnering Attention From State AGs – Is A Multistate Enforcement Effort On the Horizon?

Congress passed the Mental Health Parity and Addiction Equity Act (MHPAEA), which amended the Mental Health Parity Act of 2016 to fill in loopholes impacting the coverage of mental health care, in 2008. Several states have since passed similar legislation on the state level. The possibility of subsequent legislation to further update provisions in this … Continue Reading

Oh the Places They’ll Go (and Come From): Exploring the Roles of State AGs, Where They Come From, Where They Go, and Why It Matters

There is a joke that NAAG, the acronym for the National Association of Attorneys General, also stands for the “National Association of Aspiring Governors.” State attorneys general (“AGs”) have been perceived as politically ambitious and “upwardly” mobile, with the intent of using their position as a launch pad for “higher office.” Time and time again, they … Continue Reading

Privacy Advocates, Business Community Voice Opinions on Privacy Law in the Centennial State: AG Provides Open Forum for Informal Comment on CPA Implementation and a New Curveball Emerges in the Privacy Arena as Recent Dobbs Portends Further Changes

Almost exactly one year ago, on July 7, 2021, Colorado Governor Jared Polis (D) signed the Colorado Privacy Act (“CPA”) into law. As we have previously highlighted, the Colorado Attorney General and the Department of Law (“Colorado AG”) have been a leading voice, both in Colorado and nationally, on privacy policy and enforcement. Consistent with … Continue Reading

Mid-season election update: Where AG elections stand post Dobbs decision and updates on AG races in D.C., Idaho, Nebraska, New Mexico, Oklahoma, South Dakota, Vermont, and the other 30 states up for grabs this election cycle

In this post, we build upon the electoral analysis provided in an earlier blog posted on February 10, 2022, entitled “New AGs Take the Reins in Key States with Largest AG Election Cycle in Years on the Horizon.” You can access that post, which provides interim developments on attorney general appointments in North Dakota and … Continue Reading

CO AG hosts forum on state privacy laws, announces new privacy advisor

This past Friday, the Attorney General Alliance and the Colorado Department of Law held a symposium, “Colorado Privacy Act: Rights, Obligations, and Next Steps.” The symposium is another signal that state attorneys general (state AGs) around the country intend to take a primary role in influencing, and ultimately enforcing, data privacy policies. The panel discussions … Continue Reading

New D.C. legislation signals strong state AG position on harmful algorithms

Last week, D.C. Attorney General Karl Racine announced new D.C. legislation aimed at holding “companies & organizations accountable if their algorithms harm vulnerable communities.” The bill was introduced by the Chair of the City Council at the request of the AG. This comes on the heels of a meeting held in Washington, D.C. last week … Continue Reading

Emerging digital technology, data privacy, and the surveillance economy: all high priorities for state AGs

State attorneys general (AGs) have in many ways been the tip of the spear on prioritizing consumer protection in conversations around emerging digital technologies—perhaps more so than even any federal government agency. With newsworthy data breach incidents, ransomware attacks, and personal data misuse allegations plaguing a new major U.S. company seemingly every week, state AGs … Continue Reading

Virginia passes second state-level consumer data privacy law in the U.S.

On March 2, 2021, Virginia joined California as the second state to enact comprehensive data privacy protections for its residents. The Virginia Consumer Data Protection Act (CDPA), which will go into effect January 1, 2023, will mainly be interpreted and enforced by The Virginia Attorney General (AG). Our State Attorneys General and Virginia Government Relations … Continue Reading

DOJ and State AGs clash in Emoluments Clause arguments

On June 11, 2018, arguments were held in Maryland District Court in the challenge brought by the D.C. and Maryland attorneys general over the president’s alleged violation of the Emoluments Clause of the Constitution. In Maryland v. Trump, D.C. Attorney General Karl Racine and Maryland Attorney General Brian Frosh have challenged President Donald Trump’s continued … Continue Reading

47 Attorneys General to Congress: Federal Breach Legislation Should Not Preempt the States

 On July 7, 2015, attorneys general from 47 states and territories sent a letter to Congressional leaders urging them to consider federal data breach notification legislation that does not preempt the states. The move comes on the heels of a data breach announcement made by the Office of Personnel Management, and renewed interest on the … Continue Reading

State AGs’ Interest in Privacy and Cybersecurity – No End in Sight – REDUX (or, if you prefer, we told you so…)

Reed Smith has closely followed State AGs’ interest and activities of in the areas of privacy and cybersecurity and recently blogged on a major NAAG (National Association of Attorneys General) conference in April on these topics. That conference, sponsored by the Mississippi AG, was meant to educate AGs – most of whom are the elected … Continue Reading
LexBlog