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Baker McKenzie LLP

Brian L. Hengesbaugh

Work +1 312 861 3077
Baker McKenzie

Work Department

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.


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, named a Regulatory & Compliance Trailblazer by the National Law Journal, and listed in Chambers USA among the Top Privacy Advisors. 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 ("Safe Harbor"). 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.

Awards and rankings
Mr. Hengesbaugh was named a Regulatory & Compliance Trailblazer by the National Law Journal.

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).

Leading Lawyer, The Legal 500 USA - Technology: Data Protection and Privacy


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.


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.

United States: Media, technology and telecoms

Cyber law (including data privacy and data protection)

Within: Leading lawyers

Brian Hengesbaugh - Baker McKenzie LLP

Within: Cyber law (including data privacy and data protection)

Baker McKenzie LLP is ‘outstanding in every aspect’ with ‘advice that offers angle, perspective and knowledge that is substantively unique and instrumentally valuable’. The practice leverages its global footprint to provide international compliance knowledge combined with crisis management, transactional and litigation expertise. Key names in the ‘brilliant’ department include Lothar Determann in Palo Alto, who is recommended for data privacy law compliance; Chicago-based practice head Brian Hengesbaugh, who is ‘incredibly balanced in his legal interpretations’; and David Lashway and John Woods, who are ‘absolutely essential members of the Washington DC team and invaluable to the success of any matter’. Clients also praise the ‘detail-focused’ Michael Egan in Washington DC; New York-based of counsel Harry Valetk, who is ‘highly experienced’; and Amy de La Lama and Jennifer Seale, who were promoted to the partnership and are based in Chicago and Washington DC respectively. Geotab, Hewlett Packard Enterprise, Raytheon and LogMeIn are clients.

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