Samantha J. Smart

Samantha is a member of the firm’s global privacy and cybersecurity team. Samantha assists clients in identifying, evaluating and managing global privacy and information security risks and compliance issues. She regularly assists clients with compliance with US federal and state privacy laws; drafting online and offline privacy policies, procedures and notices; and cybersecurity incident response and preparedness activities.

Samantha maintains an active pro bono practice and has assisted in a variety of matters, including providing legal services to veterans and assisting children in immigration court matters.

• Assists clients with California Consumer Privacy Act and California Privacy Rights Act compliance projects, as well as compliance with other state privacy laws, including by preparing privacy notices, rights request procedures, and vendor agreements.
• Advises clients on all aspects of cybersecurity incident response, including preparing individual, regulator and media notifications; drafting and managing incident-related inquiries from consumers; coordinating with local counsel in relevant jurisdictions; and engaging incident response vendors, such as forensic firms and credit monitoring services.
• Drafts responses to and manages document production for regulator inquiries, investigations and subpoenas related to data breaches and alleged data security violations, including responses to requests from state attorneys general and the HHS Office for Civil Rights.
• Assists clients with proactive cyber incident readiness, including developing data breach notification toolkits and creating or enhancing incident response plans and procedures.
• Counsels clients regarding compliance with the Children’s Online Privacy Protection Act and state children’s privacy laws.
• Assists clients with preparation of privacy and data security agreements.
• Assists clients with development of comprehensive records management programs.