Eric R. Benson Associate

     

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Eric Benson practices in the areas of cybersecurity and privacy breach response, with a particular focus in crisis communications and management. As a “breach coach,” Eric advises organizations experiencing novel forms of cybercrime and privacy crises on their legal rights and responsibilities under state, federal and international privacy laws. Eric also represents clients in connection with federal and state government investigations that arise out of cybersecurity incidents. On a daily basis, he assists organizations in navigating and responding to government regulators, incorporating his experience defending clients before federal agencies. 

Prior to joining Wilson Elser, Eric represented immigrants and asylum seekers in private practice in U.S. Immigration Courts in New York, Connecticut, New Jersey and Georgia. He also has worked as a contractor for U.S. Immigration and Customs Enforcement, focusing on the development and implementation of humanitarian programs throughout federal detention centers nationwide following the family separation crisis of 2018. Eric focused his practice on effectively and vigorously responding to complex technological and humanitarian crises. During law school, Eric was on the ground at the United States–Mexico border during 2017 and 2018, advising asylum seekers and refugees in U.S. federal immigration detention centers.

Areas of Focus

Data Breach and Privacy Incident Response
Eric provides incident response advice to companies in a wide range of industries, including health care, retail, technology, insurance and professional services. He routinely advises clients on their legal and professional obligations in connection with data security incidents involving the actual or suspected disclosure of personally identifiable information (PII) or protected health information (PHI), including notification to affected individuals and government regulators under state and federal breach notification statutes, including HIPAA; incident notification obligations pursuant to contract, including business associate agreements; ethical and professional obligations pursuant to data breach response guidelines, such as those developed by the American Bar Association; collaboration with forensics investigators to determine the scope and impact of an actual or suspected data breach; and response to state and federal investigations arising out of cybersecurity and data privacy incidents. 

Crisis Management
In a constantly evolving technological landscape complicated by increasingly sophisticated cybercrime, the traditional playbook does not always suffice. Blending traditional crisis management theories with novel response approaches, Eric is at the forefront of helping companies navigate all aspects of the crisis management cycle. Specifically, he focuses on developing real-time response strategies to novel forms of cybercrime; assisting clients in communicating with customers, employees, and stakeholders during a time of crisis; rapidly assembling and leading multidisciplinary crisis response teams; and helping organizations adopt the “crisis as opportunity” mindset with a focus in post-crisis review.

Publications

  • Self Help Asylum Guide: Seeking Protection in the United States

    The Refugee and Human Rights Clinic (RHRC) at the University of Maine School of Law and the Immigrant Legal Advocacy Project, in collaboration with the Penn State Law in University Park Center for Immigrants’ Rights Clinic and Thrive International Programs January 2020

    January 2020

Events