- Information Technology, Privacy, New Media, and Advertising
Intellectual Property, Entertainment, and Technology Protection
- Audits and IP Policies
- International Protection for Intellectual Property
- Mergers, Acquisitions, and Divestitures
- Music and Entertainment
- Trade Secrets and Confidentiality
- The Ohio State University Michael E. Moritz College of Law, J.D., 1982, summa cum laude, Order of the Coif
- University of Akron, B.A., 1970, cum laude
Bar & Court Admissions
Career highlights include:
Working with retail clients to evaluate privacy concerns with new methods of interacting with and understanding their customers. This includes helping clients with emerging technologies that track customers and the risks/rewards associated with these technologies.
Advising retail clients on compromise response and issues arising from or related to a compromise, such as Notice of Breach compliance, Payment Card Industry and Payment Application Data Security Standard and PIN PED compliance, card association processes and state and Federal Trade Commission investigations
Working with clients to create governance policies for collection, use and sharing of customer information
Working with clients to draft and update privacy policies in compliance with state and federal privacy laws such as CalOPPA, the Federal Trade Commission Act and rules, orders, and best practices of the Federal Trade Commission. Benita has also assisted clients with the initial evaluation of issues associated with Canadian federal and provincial privacy laws and the European Union (EU) Directive and proposed Regulation.
Assisting clients with their marketing programs in compliance with federal and state consumer protection laws, such as do not call laws, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, CAN-SPAM, Gramm-Leach-Bliley, CFPB regulations, state point of sale laws affecting credit card transactions, advertising and information collection and sweepstakes law
Working with clients to negotiate contracts with acquiring banks and card associations, and for payment processing software used by a large retailer, information security, private label credit cards, marketing, and product placement
Benita is a vice chair of the American Bar Association (ABA) Consumer Protection Committee, a member of the ABA, the Ohio State Bar Association, the Columbus Bar Association, the International Association of Privacy Professionals and is a Certified International Privacy Professional (CIPP).
Benita has given presentations on a variety of topics relating to privacy compliance for advertising and marketing initiatives, and customer data security and compromises of retail data to numerous retail associations and professional associations, including the International Association Privacy Professionals (IAPP), National Association of Convenience Stores (NACS), the American Bar Association and Infosec.
Benita received her J.D. summa cum laude from The Ohio State University Michael E. Moritz College of Law, where she was a member of the Order of the Coif. She received her B.A. cum laude from the University of Akron.
Professional and Community Activities
- American Bar Association, Privacy and Information Security Sub-Committee of the Antitrust Section, Vice Chair, 2007-present
- Energy and Mineral Law Foundation, Member, 1982-1999; President, 1996-1997
- Franklin County Children’s Services, Board of Directors, 1989-1997; Chair, 1990, 1991, 1995
Honors & Awards
- Chambers and Partners, Leading Lawyer in Privacy & Data Security, 2009-2014
- Columbus CEO, Top Lawyers in Columbus, 2010-2014
- Fellow of the Columbus Bar Foundation since 1998
- Ohio Super Lawyers, Information Technology, 2004, 2007-2015
- Ohio Super Lawyers, Top 25 Women Columbus Area Super Lawyers, 2014-2015
- Best Lawyers in America, 1999-2016
- Martindale-Hubbell AV Peer Review Rated
- 12/3/2014Vorys is pleased to announce that 74 attorneys from the firm have been named 2015 Ohio Super Lawyers and Rising Stars.
- 8/18/2014One-hundred and ten lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2015.
- 5/23/2014Vorys, Sater, Seymour and Pease is pleased to announce that 39 of the firm’s attorneys have been recognized among the leading practitioners in the country in the 2014 edition of Chambers USA.
- 12/23/2013Benita Kahn, a partner in the Vorys Columbus office and the chair of the technology and intellectual property group, was profiled in the Law360 Female Powerbrokers Q&A series.
- 12/4/2013Eighty-one attorneys from Vorys, Sater, Seymour and Pease LLP have been named 2014 Ohio Super Lawyers and Rising Stars. 57 Vorys attorneys were named 2014 Ohio Super Lawyer and 24 Vorys attorneys were named 2014 Ohio Rising Stars.
- 8/14/2013One hundred and eleven lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2014.
- 5/24/2013Vorys, Sater, Seymour and Pease is pleased to announce that 39 of the firm’s attorneys have been recognized among the leading practitioners in the country in the 2013 edition of Chambers USA. Chambers USA conducts in-depth research and ranks the leading firms and attorneys in an extensive range of practice areas throughout America.
- 4/4/2013Vorys Partners Benita Kahn and Alycia Broz were quoted in a Law360 story titled “Big Retailers May Regret Moving Tracking Suits To Fed. Court.” The story was about lawsuits filed in 2010 claiming that online retailers' use of Flash cookies on visitors' computers violated consumer privacy.
- 1/25/2013Benita Kahn, a partner in the Vorys Columbus office and chair of the firm’s technology and intellectual property group, was quoted in a Columbus Business First story entitled “Legal landscape taking shape around cyber security as threats rise.”
- 12/17/2012Seventy-Seven attorneys from Vorys, Sater, Seymour and Pease have been named 2013 Ohio Super Lawyers and Rising Stars.
- 8/23/2012One hundred and twenty-six lawyers from Vorys were recently selected by their peers for inclusion in The Best Lawyers in America® 2013.
- 6/7/2012Vorys announced that 35 of the firm’s attorneys have been recognized among the leading practitioners in the country in the 2012 edition of Chambers USA.
- 4/6/2012Benita Kahn and Jonathan Airey, partners in the Vorys Columbus office, were featured in a Columbus Business First story about central Ohio attorneys who do legal work for clients across the country.
- 2/10/2015Vorys partner Benita Kahn served as a moderator for the panel titled Consumer Protection Update, hosted by the American Bar Association’s Section of Antitrust Law on February 10, 2015.
- 5/2/2013Vorys attorney Benita Kahn presented Data Breach and Privacy Liabilities – What’s Out There at the 2013 InfoSec Summit.
- 4/24/2013Vorys attorneys Benita Kahn and Lisa Pierce Reisz presented "Managing Compliance and Privacy Risks" for the Columbus Chapter of the Association of Corporate Counsel.
- 2/1/2013Benita Kahn presented at the 12th Annual Privacy and Security of Consumer and Employee Information Conference.
- 1/8/2013Vorys attorneys Benita Kahn and Eric Whisler presented the January 2013 American Bar Association Privacy and Information Security Update.
- 3/9/2012Benita Kahn presented "Avoiding an FTC Privacy Investigation (and What To Do When You Find Yourself the Target of One)" at the 2012 IAPP Global Privacy Summit.
- 2/2/2012Benita Kahn presented at the 11th Annual Privacy and Security of Consumer and Employee Information Conference.
- 6/23/2015Client Alert: FTC Revises Endorsement FAQs, Provides Additional Answers to Endorsement Disclosure QuestionsThe Federal Trade Commission (FTC) has recently released its updated “What People are Asking” FAQs regarding its Endorsement Guides. The FTC’s Endorsement Guides help define what the FTC would consider to be a deceptive practice when using endorsements in advertising.
- 1/14/2015Earlier this week, President Obama gave a speech at the FTC laying out an agenda on privacy and data security issues, and indicating that the topic is important enough to the administration that it will be included in his upcoming State of the Union address. Generally, the initiative’s goals include tackling identity theft, protecting the privacy of student data and working toward a general privacy “bill of rights” to provide comprehensive data and privacy protections.
- 6/30/2014On June 20, Florida’s governor signed into law a replacement to its former breach notification statute, called the Florida Information Protection Act of 2014. This law is going into effect very quickly (July 1, 2014), and will be one of the most robust breach notification laws in the country. The Florida law did not necessarily break new ground, but it incorporated into one law many of the recent trends that have been passed in other states.
- 4/18/2014Client Alert: Federal Court Rules That Zip Code Alone is Not an Address Under D.C. Credit Card Transaction LawFifteen states and the District of Columbia have laws that restrict the collection of personal identification information at the point of sale when payment is made by a credit card. Retailers received good news recently from the U.S. District Court for the District of Columbia in Hancock v. Urban Outfitters.
- 7/1/2013Benita Kahn and Eric Whisler authored an article for STORES Magazine titled “Regulators’ Scrutiny and Guidance for Mobile Apps.” In the article, the authors state that the increase in consumers’ use of smartphones and tablets has caught the attention of regulators.
- 12/10/2012On November 29th, the Federal Communications Commission (FCC) granted a request for declaratory ruling filed by Soundbite Communications Inc. (Soundbite). The FCC held that a one-time text message confirming a consumer's request to opt-out of receiving text messages, if it meets specific requirements, does not violate the Telephone Consumer Protection Act (TCPA).
- September 2007