Baker McKenzie LLP

Intellectual Property & Technology Law

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.

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.

English, German

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