Benjamin D. Wanger

He | Him | His

Counsel

Philadelphia
T +1.215.564.1601
F +1.215.568.3439

Overview

Ben Wanger works closely with clients to proactively assess and mitigate cyber risk, develop privacy and information security policies and respond to data security incidents. Drawing from a decade of experience litigating both commercial matters and data privacy matters, he offers the particular perspective of having handled numerous data breach incidents, enabling him to manage clients’ issues before they escalate to litigation.

Ben has represented organizations of all types and sizes in data privacy matters. In particular, he has significant experience helping educational institutions develop data breach prevention and response protocol and respond to data security incidents. Ben regularly advises educational institutions concerning FERPA compliance and assists them in navigating the requirements of the Department of Education and other state regulatory bodies. He is a Certified Information Privacy Professional in the U.S. (CIPP/US).

Select Experience

  • Prepares cyber incident response plans for potential breaches, including protocols for managing customer/client relations, press releases, communications with regulators/law enforcement, and public disclosures following a cyber incident.
  • Manages cross-functional legal and business groups within client organizations to determine privacy and security objectives and advises on the impact of the clients’ data privacy and security legal and operational strategies.
  • Conducts in-house security training and tabletop exercises to build awareness and help educational institutions and companies prepare to effectively and efficiently manage data security threats and incidents.
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Experience

  • Prepares cyber incident response plans for potential breaches, including protocols for managing customer/client relations, press releases, communications with regulators/law enforcement, and public disclosures following a cyber incident.
  • Manages cross-functional legal and business groups within client organizations to determine privacy and security objectives and advises on the impact of the clients’ data privacy and security legal and operational strategies.
  • Conducts in-house security training and tabletop exercises to build awareness and help educational institutions and companies prepare to effectively and efficiently manage data security threats and incidents.
  • Regularly represents public and private companies from a variety of industries that have been victimized by ransomware attacks or email fraud.
  • Serves as outside data privacy counsel for more than 25 different educational institutions.
  • Represented multiple financial services companies in connection with investigations conducted by the Federal Trade Commission following data security incidents.
  • Represented multiple clients in connection with payment card network liability assessments following payment card security incidents.

Recognitions and Memberships

Recognitions

  • First Judicial District of Pennsylvania Pro Bono Roll of Honor (2012 to 2020)
  • Pennsylvania Super Lawyer "Rising Star" (2018 to 2021)
  • Certified Information Privacy Professionals (CIPP/US)

Memberships

  • International Association of Privacy Professionals (IAPP)

Community

  • University of Michigan Club of Philadelphia: President
  • Anti-Defamation League, Philadelphia Chapter: Board Member
  • American Jewish Committee, Philadelphia/Southern New Jersey Chapter: Board Member

Pro Bono

  • Successfully represented organization in first amendment challenge regarding proposed advertisements on city buses. Argued that banning religious advertisements on city buses violated free speech and won in trial on behalf of client.
  • Represented numerous prisoners in civil rights jury trials through the Eastern District of Pennsylvania’s Prisoner Civil Rights Panel.

Prior Positions

  • The Honorable Gene E.K. Pratter, U.S. District Court for the Eastern District of Pennsylvania: Judicial Intern

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Middle District of Pennsylvania
  • U.S. District Court, District of New Jersey
  • Pennsylvania
  • New Jersey

Education

  • J.D., George Washington University Law School, 2008, with honors
  • B.A., Political Science, University of Michigan, 2005, with high distinction

Blog

In The Blogs

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Data Counsel
Effective Oct. 1, 2021: Connecticut Expands Data Breach Notification Statute
By Benjamin D. Wanger, Elana Weinblatt
September 27, 2021
On June 16, 2021, the Connecticut General Assembly adopted an expanded version of Connecticut’s data breach notification statute (2021 CT H.B. 5310 (NS)). Through this expansion, Connecticut’s data breach notification statute will be...
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Data Counsel
Game On: Addressing Security Challenges in the E-Sports Industry
By Seungjae Lee, Benjamin D. Wanger
July 30, 2021
The emergence of e-sports is no longer news. According to industry reports, the global e-sports industry created over $950 million in total revenue in 2020, and experts expect that number to grow to $1.6 billion by 2023. While the sports...
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Data Counsel
New EDPB Draft Guidance Provides Practical Scenarios for Data Breach Notification Analysis Under the GDPR
By Michael E. Fitzgerald, Benjamin D. Wanger
February 19, 2021
In certain cases, the General Data Protection Regulation (GDPR) requires entities that experience a personal data breach to provide notice of the incident to relevant national supervisory authorities and the individuals whose personal data...
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Data Counsel
Healthcare Providers Remain Targets for Ransomware Attacks in the Midst of COVID-19 Pandemic
By Sara M. Goldstein, Benjamin D. Wanger
April 1, 2020
Although it was widely reported that several ransomware threat actor groups have pledged to not target healthcare providers until the COVID-19 pandemic is over, BakerHostetler’s Digital Assets and Data Management Practice Group and...
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