Michelle Hon Donovan

is a commercial lawyer, specializing in intellectual property, privacy, data protection, technology transactions and other commercial contracts . Ms. Donovan's clients represent a wide range of industries, including pharmaceutical and biotechnology, high-end consumer electronics, software, automotive, music, cosmetics and personal care products, real estate development, education, staffing, food and beverage, cannabis, and social networking.

Intellectual Property

Ms. Donovan's intellectual property matters include:

•Trademark
•Copyright
•Domain Names
•Social Media
•Advertising
•Unfair Competition
•Licensing

Ms. Donovan handles both prosecution and enforcement of trademarks and copyrights. This includes assisting brand owners in developing global brand protection strategies, domestic and international filing, and international opposition and enforcement strategies. She also advises clients on transactional and compliance matters specific to advertising and digital marketing. Recognizing the value of achieving prompt resolutions to disputes and avoiding costly litigation, Ms. Donovan has often used her skills, judgment, and creativity to negotiate favorable outcomes for clients and frequently obtains complete relief without filing a lawsuit. When settlement is not desired or practical, Ms. Donovan tirelessly fights for her clients' rights to summary judgment and trial.

Privacy / Data Security

•GLBA / Safeguards Rule
•CCPA
•FERPA
•GDPR
•Cybersecurity
•Breach Notifications
•Regulatory investigations

Ms. Donovan regularly counsels clients in the complex areas of privacy and cybersecurity, including cybersecurity preparedness, regulatory compliance and investigations, and data breach response. She also counsels clients on the rapidly changing field of data privacy, including the California Consumer Privacy Act (CCPA). She has developed a particular area of expertise in the privacy and cybersecurity issues specific to higher education. .

Technology Transactions, Licensing and Commercial Contracts

Ms. Donovan also negotiates and drafts various technology transactions, licensing and other commercial contracts, including contracts relating to intellectual property, software, SaaS, and API licenses, software and website development, manufacturing and distribution, digital marketing, SEO, PPC, PPL, website terms, and consulting/independent contractor agreements.

Resume

Experience

•Duane Morris LLP
- Partner, 2014-present
- Associate, 2005-2013
•Buchanan Ingersoll
- Associate, 2004-2005
- Summer Associate, 2003
•The Honorable Ruben B. Brooks, Federal District Court, Southern District of California
- Extern, 2004
•The Salk Institute, Ron Evans Gene Expression Laboratory
- Research Assistant, 1999-2001

Civic and Charitable Activities

•Co-founder of Lavin Entrepreneurship Advocacy Program (LEAP), a legal advocacy programoffered in partnership with San Diego State University and the University of San Diego School of Law to pair SDSU student entrepreneurs with USD law students and Duane Morris attorneys to offer legal assistance for start-up businesses (2017-present)

•Mama's Kitchen, San Diego, California. Board of Directors (2009-2012; Volunteer (2007-present): Non-profit organization, providing hot meals to persons suffering from HIV and cancer
•Lilith's Hands, San Diego, California. Founder & President (2001-2002): Organized and promoted charity concert to benefit women in the community, including sexual assault and domestic violence programs

Publications and Speaking Engagements

Selected Publications

•Quoted, FTC May Increase Enforcement of Connected Devices After Smart Lock Company's Security Slipup, Corporate Counsel, April 7, 2020
•Co-author, California Attorney General's Draft CCPA Regulations Continue to Evolve, Duane Morris Alert, March 17, 2020
•Co-author, Cybersecurity Update: Protecting Student Data Critical to Continued Participation in the Federal Student Aid Programs, Duane Morris Alert, March 3, 2020
•Co-author, California Attorney General Proposes Modified CCPA Regulations - Overview of Significant Proposed Changes, Duane Morris Alert, February 20, 2020
•Co-author, New California Privacy Law Extends Employee Rights Within and Beyond the State, Duane Morris Alert, February 13, 2020
•Quoted, Now That It's 2020, Companies Want Clarification on the Proposed CCPA Regulations Soon, Law.com, January 21, 2020
•Quoted, Cybersecurity & Privacy Policy to Watch in 2020, Law360, January 1, 2020

•Quoted, The CCPA Is Coming and So Are Data Breach Class Actions, Law.com, November 8, 2019

•Co-author, CCPA Update: Gov. Newsom Signs Amendments into Law; Attorney General Publishes Proposed Regulations, Duane Morris Alert, October 18, 2019

•Co-author, Nevada Privacy Law Takes Effect October 1: Is Your Company Compliant ? Duane Morris Alert, September 23, 2019

•Co-author, The California Consumer Privacy Act and the Education Industry, The Daily Journal, September 11, 2019

•Co-author, Amendments to the CCPA Ready for Governor's Signature, Duane Morris Alert, September 20, 2019

•Quoted, Report: Nearly Half of Employees Are Unaware of California Consumer Privacy Act, Corporate Counsel, April 30, 2019

•Quoted, What is Personal Information? In Legal Terms, it Depends, Malwarebytes, April 11, 2019

•Author, California Consumer Privacy Act of 2018: Considerations for Higher Education Institutes, Career Education Review, August 2018

•Co-author, California Passes Nation's Strictest Data Privacy Law, Duane Morris Alert, July 9, 2018; republished in Privacy Laws & Business International, August 2018

•Author, General Data Protection Regulation (GDPR) and Career Education, Career Education Review, July 2018

•Author, GDPR Compliance May Be Necessary for U.S. Higher Education to Avoid Steep Fines, Duane Morris Alert, July 19, 2018

•Author, Class Action Student Loan Scams-A New Take on an Old Scam, Career Education Review, October 2017
•Author, Schools Must Adhere to Cybersecurity Regulations or Risk Losing Title IV Eligibility, Duane Morris Alerts, September 14, 2017
•Co-author, Cybersecurity and Potential Loss of Title IV Eligibility, Career Education Review, September 2017

• How Schools Can Use IP to Fight Student Loan Scams, San Francisco Daily Journal and Los Angeles Daily Journal, April 19, 2017

•Co-author, Student Data Protection in an Era of Education Technology Innovation, Duane Morris Alert, August 7, 2015
•Co-author, Postsecondary Institutions Subject to the New Federal Gainful Employment Rule Have Until July 31, 2015, to Complete Reporting of Data to U.S. Department of Education, Duane Morris Alert, July 27, 2015

• Protecting Your School from Cybercrime and Inadvertent Data Breaches, Career Education Review, April 2015

• Sunrise Periods for First Wave of gTLDs Are Now Open, Duane Morris Alert, December 9, 2013
• New TCPA Rules Effective October 16, 2013, Duane Morris Alert, September 2013
•Michelle Donovan, Eric Sinrod, Jeff Redman, Share on the Inside, Protect on the Outside: Best Practices for IP Protection in the Age of Social Networking, LES Insights 2011 Dec 19

•Taming the Wilde, Wilde West of Lead Generation, Career Education Review, Oct. 2010

Selected Speaking Engagements

•Speaker, Bracing for the Wild Ride in Data Privacy Regulation, LexisNexis, Webinar, February 27, 2020

•Speaker, 2020: A New Era of Data Privacy and Security, CAPPS 35th Annual Conference, Long Beach, California, October 10, 2019

•Co-presenter, Preparing for the CCPA: Lessons Learned from the GDPR, The California Consumer Privacy Act of 2018 Webinar Series, September 16, 2019

•Presenter, How the CCPA Impacts the Higher Education Industry, The California Consumer Privacy Act of 2018 Webinar Series, Duane Morris LLP, September 5, 2019

•Presenter, Preparing for the CCPA: Reviewing and Updating Privacy Policies and Agreements for Compliance, The California Consumer Privacy Act of 2018 Webinar Series, Duane Morris LLP, June 20, 2019

•Presenter, Understanding the New California Consumer Privacy Act: Why the CCPA Applies to You and Practical Steps You Can Take Now to Comply, The California Consumer Privacy Act of 2018 Webinar Series, Duane Morris LLP, May 23, 2019

•Presenter, “E-Signed, Sealed, Delivered,” Duane Morris Commercial Contracts Checkup Series, Webinar, January 24, 2019

•Presenter, Learn to Be Legally Compliant and Outperform Your Competition in the Ever-Changing Marketing Landscape. The Latest in Misrepresentation & New Marketing Strategies that Drive Major Results for School, CAPPS 34th Annual Conference, Westin Mission Hills Golf Resort & Spa, Rancho Mirage, California, October 11, 2018

•Speaker, Legal Updates and Trends for 2018, Duane Morris and BB&T Breakfast Briefing, January 2018

•Presenter, “Are You Up-to-Date on Key Provisions and Confidential Information Protections in Term Sheets, MOUs and Letter Agreements?” Duane Morris Commercial Contracts Checkup Series, Webinar, June 21, 2018

•Speaker, Legal Update: Cybersecurity for Schools AACS 2017 Annual Conference, November 2017

•Speaker, Leveraging the Present and Future of Social Media to Connect and Engage Future Graduates, 31st Annual Conference Strong Student, Proud Graduates, California Association of Private Postsecondary Schools (CAPPS), October 8, 2015
• Cybersecurity: Addressing the Risks to Schools and Student Records, APSCU webinar, May 2015
•Speaker, Cyber Crime: Beware of Multi-Dimensional Attacks, San Francisco Treasury Symposium, May 1, 2015
•Speaker, Cybersecurity: Managing Risks and Protecting Your Organization, 2015 Accounting & Financial Women's Alliance
•Speaker, Cybercrime and Protecting Your Organization, 2015 Webinar co-presented with FBI Internet Crime Complaint Center (IC3)
•Speaker, Text Talk (Compliance for Telemarketing Texts), 2014 AACS Spring Management Conference
•Speaker, Protecting Educational Records at School and in the Cloud, 2014 AACS Legal Seminar
•Speaker, Cybercrime and Your Legal Liabilities, 2014 Webinar
•Speaker, New Telemarketing Consent Rules under the TCPA, AACS 2013 Annual Conference, November 2013
•Speaker, The Business Cyber Liability Luncheon Nov. 2013 German American Chamber of Commerce Luncheon
•Speaker, Protecting Your Rights in a Digital Age 2013 AACS Spring Management Conference
•Speaker, Cyber, Privacy and Social Media Risks: How to Survive in the Digital Age Sept. 2013 Duane Morris and BB&T Breakfast Briefing
•Speaker, Social Media: Dancing on the Edge of a Volcano Nov. 2012 Duane Morris and BB&T Breakfast Briefing
•Speaker, Share on the Inside, Protect on the Outside: Best Practices for IP Protection in the Age of Social Networking 2011 LES Annual Meeting
•Speaker, Misrepresentation Rule and Third Party Vendors 2011 APSCU Webinar
•Speaker, Internet Highway Robbery: Protect Your Domain, Trademarks, & Copyrights from Cyberthieves, 2008 CCA Annual Convention
•Speaker, Katie Bar The Door! Protecting Yourself From Privacy Problems & Internet Scoundrels, 2008 AACS Spring Management Conference
•Speaker, Proprietary Information, Idea Ownership, and Copyrights, International Special Events Society San Diego Chapter meeting, San Diego, California, November 20, 2008