Brian Hengesbaugh provides advice to a wide range of global online businesses, pharmaceutical companies, health care providers, manufacturers, financial institutions, sourcing providers, retail companies, and other organizations regarding the legal aspects of global privacy and data protection, data security, information technology, and related restrictions on data collection and movement. He focuses on these issues in the context of: data security breach and incident response, global company operations and applications, including websites, mobile, and e-commerce applications; sourcing and corporate transactions; and litigation, internal investigations, and government inquiries.
Mr. Hengesbaugh is Chair of the Firm's Global IT/C Data Security Steering Committee, and a Member of the Firm's Global Privacy Steering Committee. He is listed as a Leading Lawyer for Data Privacy in Legal 500, and listed in Chambers USA and the Computer World Ranking of Top Privacy Advisors. Formerly Special Counsel to the General Counsel of the US Department of Commerce, Mr. Hengesbaugh played a key role in the development and implementation of the US Government’s domestic and international policy in the area of privacy and electronic commerce. In particular, he served as the lead attorney on the US side negotiating the US-EU Safe Harbor Privacy Arrangement. He also served as a US delegate to the Electronic Commerce Working Group of the United Nations, where he helped negotiate the UN Model Law on Electronic Signatures. In addition, Mr. Hengesbaugh participated on behalf of the United States in the development of a draft Council of Europe Treaty on Cyber Crime, and in the negotiation of a draft Hague Convention on Jurisdiction and the Recognition of Foreign Judgments.
Mr. Hengesbaugh's practice covers privacy and information management, with emphasis on regulatory and transactional issues, including data security and information technology, privacy and data protection, sourcing, digital and electronic signatures, email and telemarketing, social media, cyber crime, and jurisdiction and the enforcement of foreign judgments.
Leading Lawyer, The Legal 500 USA - Technology: Data Protection and Privacy, 2009- 2014
Professional Associations and Memberships
- American Bar Association - International Law Section
- International Association of Privacy Professionals (IAPP) - Advisory Board Member
Illinois~United States (2004)
Indiana~United States (1995)
University of Minnesota Law School
(J.D. cum laude)
Central European University (Budapest)
Baker & McKenzie LLP is a Limited Liability Partnership organized under the laws of the State of Illinois (USA) and is a member of Baker & McKenzie International, a Verein organized under the laws of Switzerland.