Nicole Smith, Esq.

Nicole J. Smith, Esq.

Technology Counsel with Securities and Financial Industry Experience

Technology Counsel with Securities and Financial Industry Experience

Nicole advises and represents clients on a multitude of privacy, cybersecurity, digital marketing and corporate issues that arise in the handling of consumer and business data, including regulated financial information.

At Beckage, Nicole advises companies with respect to digital currency and smart contracts, including digital token sales such as initial coin offerings (ICOs) and token generating events (TGEs), blockchain, and deployment of alternative trading systems (ATS) applications.  In this capacity, Nicole works with clients on the application of the U.S. Bank Secrecy Act (BSA) and regulations issued by the U.S. Financial Crimes Enforcement Network (FinCEN), the Gramm-Leach-Bliley Act (GLBA), and implementing regulations.

Nicole’s practice includes collaborating with clients to identify compliance issues that may arise in their business and operations, devising new digital marketing strategies, and assisting with the development of data privacy programs compliant with the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR) and other privacy laws.

Nicole has deep CCPA experience, having worked with multiple clients on the deployment of CCPA privacy programs, data subject request (DSR) responses, on boarding of DSR vendors, CCPA training, recordkeeping and auditing. Nicole advises on modifications to CCPA regulations and Attorney General enforcement initiatives, and breach reporting and notification requirements under the CCPA.  As a member of Beckage’s litigation practice group, Nicole works on the defense of CCPA class actions, and related consumer litigation including under the Telephone Consumer Act (TCPA), and website accessibility matters under the Americans with Disabilities Act (ADA) or California’s Unruh Civil Rights Act.

Nicole also represents clients in privacy and technology disputes and litigation, including those brought under the ADA for website and mobile app accessibility.

Prior to joining Beckage,Nicole was Corporate Counsel for several growing California-based technology companies in the software, digital marketing, and financial services industries.  While in-house, Nicole advised on wide-ranging topics including privacy regulations, Telephone Consumer Protection Act (TCPA) compliance, risk management of large affiliate marketing divisions, and employment matters. She also negotiated a wide range of technology transactions and developed online advertising compliance programs.

Nicole received her J.D. from the University of San Diego School of Law, where she served as Editor-In-Chief of the San Diego International Law Journal.

Education

  • University of San Diego School of Law, J.D., 2012
  • University of California, Santa Cruz, B.A., 2009

Legal Associations

  • California Lawyers Association

Membership and Admission

  • California

Present Affiliations

  • International Legal Technology Association (ILTA), Member

Experience and Expertise

Securities Law and Financial Services Regulation

  • Counseling companies on evolving regulatory landscape for token generating events such as ICOs.
  • Advising on Gramm-Leach-Bliley Act; federal and state money services business registration; Bank Secrecy Act compliance; and consumer protection, privacy and cybersecurity matters.
  • Serving as general counsel to a next-phase blockchain company, including advice on intellectual property, employment, corporate and other matters.
  • Representing clients in responding to SEC inquiries.
  • Representing startups in building a blockchain-based securities exchange regulated under Reg ATS.

 Privacy Law  

  • Analyzing application of CCPA and GDPR to company operations.
  • Privacy Regulatory Opinions and Impact Assessments.
  • Development and deployment of privacy compliance programs.
  • CCPA and GDPR data breach reporting.
  • Defense of privacy related consumer lawsuits and claims.

 Government Relations

  • Provided government relations guidance to a blockchain-enabled global payments company regarding federal and state legislative, regulatory and policy issues.