Benjamin P. Wells

Associate

Houston
T +1.713.646.1325
F +1.713.751.1717

Overview

Ben Wells' personal and professional interest in software and hardware technologies brings added value to his privacy and data protection practice. With extensive experience working in data stewardship and information technology, he is well-educated on matters relating to data breach response notification laws, transactional contracts, and compliance with relevant privacy protection acts. In addition to private clients, Ben focuses his work on the representation of government entities and educational institutions, educating clients on technology policies, privacy issues and general business disputes. His time spent as a student Regent on the University of Houston System Board of Regents gave him an in-depth understanding of the financial and political considerations that government entities and educational institutions must take into account when making high-level policy decisions. By combining his knowledge of privacy regulations and institutional considerations, Ben is able to provide clients with intelligent and creative solutions.

Select Experience

  • Provide incident response legal counsel to large educational entity regarding data breach by cloud vendor provider, including compliance with federal education laws and Texas data breach response notification laws. Negotiate with vendor regarding response, liability, and PR related to same.
  • Provide ongoing analysis and guidance on impact of EU GDPR to state and local governmental entities in the United States.
  • Provide incident response legal counsel, drafting, and management to school districts and community colleges dealing with internal and external data breaches.
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Experience

  • Provide incident response legal counsel to large educational entity regarding data breach by cloud vendor provider, including compliance with federal education laws and Texas data breach response notification laws. Negotiate with vendor regarding response, liability, and PR related to same.
  • Provide ongoing analysis and guidance on impact of EU GDPR to state and local governmental entities in the United States.
  • Provide incident response legal counsel, drafting, and management to school districts and community colleges dealing with internal and external data breaches.
  • Provide advice and draft policies regarding Children’s Online Privacy Protection Act (COPPA) compliance for school districts, community colleges, and private entities.
  • Provide advice and draft policies and opt-in language for public school districts regarding new FCC Order pertaining to Telephone Consumer Protection Act (TCPA).
  • Provide Information Technology policy review and draft Information Technology policies for public school districts, community colleges, and other clients.
  • Negotiate and draft cloud services agreements with particular emphasis and data ownership and stewardship for large and small public school districts, community colleges, private schools, and nonprofits.
  • Provide procurement advice and business services counsel to private and governmental clients.
  • Manage pre-litigation and negotiate settlements for several governmental entities in DMCA/copyright infringement cases regarding employees posting copyrighted materials on an entity and private servers.
  • Litigate construction defect cases, including successful jury trial verdict for governmental entity.
  • Provide advice on DMCA Safe Harbor compliance and draft language for same for governmental entities and private schools. Provide advice on liability as local Internet provider for users.

Recognitions and Memberships

Recognitions

  • University of Houston Law Center
    • Ewer-Oren J.D. Health Law Writing Award
    • Distinguished Service Award
    • American Law Institute Leadership Award

Memberships

  • Texas Association of School Boards, Council of School Attorneys (2014 to 2019)
  • Garland R. Walker American Inn of Court
  • State Bar of Texas, School Law Section

Community

  • University of Houston System Board of Regents (2013 to 2014)
  • St. Paul's United Methodist Church Houston, Revive Capital Campaign Committee

Prior Positions

  • Texas Attorney General, Antitrust Section: Summer Law Clerk
  • The Honorable Eva M. Guzman, Supreme Court of Texas: Judicial Intern
  • Raise Your Hand Texas: Legislative Aide, 82nd Texas Legislative Session
  • HillCo Partners: Legislative Intern and Research Associate, 81st Texas Legislative Session and Interim

Admissions

  • U.S. District Court, Southern District of Texas
  • U.S. Court of Appeals, Fifth Circuit
  • Texas

Education

  • J.D., University of Houston Law Center, 2014, cum laude; Houston Journal of International Law, Online Editor; Moot Court Team; Intellectual Property Student Organization
  • B.S., Southern Methodist University, 2008, with university honors and departmental distinction; Richter International Fellow