Leveraging IG Practices to Prepare for the GDPR

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.

Brian 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 in The Legal 500 Hall of Fame and was recognized as a Regulatory & Compliance Trailblazer by the National Law Journal. He is also listed as a Leading Lawyer for Cyber law (including data protection and privacy) in The Legal 500, 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, 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.

Derek I.A. Silverman is a Vice President and eDiscovery Counsel at Barclays, where he advises the Bank on electronic discovery for cross-border investigations and litigations.

Prior to joining Barclays, Mr. Silverman was an eDiscovery attorney at Wachtell, Lipton, Rosen & Katz, where he participated in and supervised all aspects of domestic and international eDiscovery. Mr. Silverman was previously an attorney in the litigation department of a national law firm, where he focused his practice on reinsurance law, antitrust, and real estate disputes. Mr. Silverman has represented health insurers, insurance brokers, ceding companies, commodities traders and real estate developers in bench trials and appeals in federal courts, and in various disputes in New York state court.

Mr. Silverman received a B.A. in Computer Science with Great Distinction from McGill University, and a J.D. from Boston University School of Law, where he was a Note Development Editor for the Boston University International Law Journal.

James Sherer is a Partner in the New York office of BakerHostetler, where he co-chairs the Information Governance practice team and serves as part of the E-Discovery and Management and Privacy and Data Protection groups. James assists with oversight of discovery and Electronically Stored Information issues for firm clients. James is also tasked with “deep dive” technological and case law-related assignments for omnibus motions and case strategy. James’s work focuses on advising on merger & acquisition due diligence; information governance practices and policies for clients; and client corporate structure and business offerings regarding international data privacy requirements.

Prior to joining BakerHostetler, James worked as an in-house litigator with a Fortune 500 company and previously practiced litigation in New York. James holds the CIPP/US, CIPP/E, CIPM, and FIP data privacy credentials, the CIP and IGP designations, and the CEDS eDiscovery specialist credential.

James attended the University of Michigan, Central Michigan University for his MBA in finance, and Columbia Law School. James is a member of The Sedona Conference? Working Groups One, Six and Eleven and served on the Search, Achieving Quality, and Data Privacy and Security Drafting Teams. He is also a member of the New York State Bar Association EDiscovery Committee as well as the New York eDiscovery Counsel Roundtable. James writes, speaks, and lectures on ediscovery, information governance, privacy, investigation and merger and acquisition issues.