Brian Hengesbaugh
Practice Focus
Regulatory and transactional issues, including privacy and data protection, data security and information technology, sourcing, digital and electronic signatures, email and telemarketing, social media, cyber crime, and jurisdiction and the enforcement of foreign judgments.
Practice Description
Brian Hengesbaugh provides advice to a wide range of global manufacturers, financial institutions, pharmaceutical companies, health care providers, sourcing providers, retail companies, online businesses, 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: litigation, internal investigations, and government inquiries; sourcing and corporate transactions; and global company operations and applications, including websites and e-commerce applications. Specific areas include compliance by U.S. organizations with federal and state privacy laws and consumer protection requirements, including: the Gramm-Leach-Bliley Act ("GLBA"); the Electronic Signatures in Global and National Commerce Act ("E-SIGN"); the Uniform Electronic Transactions Act ("UETA"); the Fair Credit Reporting Act ("FCRA") as amended by the Fair and Accurate Credit Transactions Act ("FACT Act"); the CAN-SPAM Act; the Health Insurance Portability and Accountability Act ("HIPAA"), the Electronic Communications Privacy Act ("ECPA") and related laws; the various California and other State privacy, telemarketing, electronic signature, and data security laws; as well as global privacy concerns under the Canadian Personal Information Protection and Electronic Documents Act ("PIPEDA"), the EU Directive on Data Protection, the EU Electronic Signature Directive, the national laws implementing the Asia Pacific Economic Cooperation ("APEC") Framework on Privacy, and Constitutional privacy provisions and related laws in Latin America.
Formerly Special Counsel to the General Counsel of the U.S. Department of Commerce, Mr. Hengesbaugh played a key role in the development and implementation of the U.S. Government's domestic and international policy in the area of privacy and electronic commerce. In particular, he served as the lead attorney on the U.S. side negotiating the U.S.-EU Safe Harbor Privacy Arrangement. He also served as a U.S. 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 extensive experience representing the U.S. Government in these matters provides him with an in-depth understanding of the disparate approaches that various jurisdictions take to the regulation of privacy and e-commerce. It also provides him with unique insight and ability to forge practical solutions to complex cross-border privacy and regulatory compliance issues.
Professional Affiliations
Mr. Hengesbaugh is a past member of the advisory board to the Privacy Advisor, a monthly publication of the International Association of Privacy Professionals. He is also a member of the ABA International Law Section.
Awards, Honors & Skills
Mr. Hengesbaugh was named as one of the top privacy attorneys in the Computer World Ranking of Top Privacy Consultancies, and he is a member of the Privacy Steering Committee at the Firm. He also is accredited as a Certified Information Privacy Professional (CIPP) by the International Association of Privacy Professionals. Mr. Hengesbaugh received the U.S. Department of Commerce Bronze Medal Award for his outstanding accomplishment in negotiating a "safe harbor" arrangement with the European Union (April 2000).
Education & Bar Admittance
Mr. Hengesbaugh received his A.B. degree with a major in Economics and a minor in Psychology from Washington University School of Arts & Sciences. He received his Juris Doctorate, cum laude, from the University of Minnesota Law School. He also attended Central European University Law School in Budapest, Hungary, from which he received a certificate for earning ten credits. He is admitted to the bar in the State of Illinois and in the State of Indiana.