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Biran Hengesbaugh

Brian Hengesbaugh

Partner
Baker & McKenzie LLP

Biography

Brian Hengesbaugh is chair of Baker McKenzie's Global Data Privacy and Security Business Unit, chair of the North America IPTech Practice Group, and a member of the Firm's Global IP Tech Steering Committee.

Formerly special counsel to the general counsel of the US Department of Commerce, Brian 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 on the core team that negotiated the US-EU Safe Harbor Privacy Arrangement (Safe Harbor), and earned a Medal Award from the US Department of Commerce for this service.

In addition, Brian 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. Brian has been quoted in the Wall Street Journal, New York Times, Forbes, CNET, Slate Magazine, Compliance Weekly, BNA Bloomberg, PCWorld and other news publications on global privacy and security issues.

Practice Focus

Brian provides advice on global data privacy, cybersecurity, artificial intelligence, ad tech/social media, and other data-related legal and regulatory issues. He focuses on these issues in the context of: (i) advisory matters, such as data privacy, cybersecurity, and emerging AI laws and regulations (e.g., GDPR, CCPA, State Privacy Laws, NY DFS Cybersecurity Regulation, HIPAA, GLBA NIST AI Framework, EU AI Act, NIS2 and others), as well as technology transformations related to artificial intelligence, IoT, blockchain, synthetic data, mobile, cloud, data monetization, and other initiatives; (ii) transactional matters, such as mergers and acquisitions, sourcing, distributor, business partner and other third-party arrangements; and (iii) crisis matters such as cybersecurity incidents, regulatory and governmental inquiries related to privacy and security issues, internal investigations and litigation-related matters.

Professional Honors

  • Selected in the "Hall of Fame" for Media, Technology and Telecoms: Cyber Law, Legal 500 US, 2022-2024
  • Ranked in Privacy & Data Security, Chambers USA, 2022-2024
  • Ranked in Privacy & Data Security, Chambers Global, 2022-2024
  • Recognized as a "Leading Global Cyber Lawyer" in Global Data Privacy, Cybersecurity for Law Dragon, 2024
  • Recognized as a "Top 10 Pioneering Lawyer" in Privacy and Data Security, Business Today Lawyer Awards, 2023
  • Recognized as a "Stand-Out Lawyer," Reuters Stand-Out Lawyers, 2022
  • Selected as a "Client Service Super All-Star," BTI Client Service All-Stars, 2022
  • Recognized as a "Top 30 Lawyer" in Privacy and Data Protection, Euromoney’s Expert Guides: Best of the Best USA, 2021
  • Leading Lawyer in Technology: Cyber law (including data protection and privacy), Legal 500 USA, 2009-2017
  • Regulatory & Compliance Trailblazer, National Law Journal, 2015
  • Recognized in Privacy and Data Security Law, Best Lawyers in America, 2016-2017

Professional Associations and Memberships

  • American Bar Association - International Law Section
  • International Association of Privacy Professionals (IAPP) - Former advisory board member

Admissions

  • Illinois~United States (2004)
  • Indiana~United States (1995)

Education

  • University of Minnesota Law School (J.D., cum laude) (1995)
  • Central European University (Budapest) (Certificate) (1993)
  • Washington University (A.B. Economics) (1991)

Languages

  • English
  • German

Publications

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.