Benita A. Kahn

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Partner

Columbus Office

Columbus 614.464.6487

Fax 614.719.4792

Email bakahn@vorys.com

Practice Areas

Industries

Education

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

Ohio

Ms. Kahn is a partner in the Vorys Columbus office, chair of the technology and intellectual property group, and a member of the energy, environment and utilities groups. Ms. Kahn works with many nationally recognized retailers advising them on privacy laws, information security and consumer protection laws. In addition, Ms. Kahn advises clients on Ohio telecommunications regulatory issues. Over the last ten years, she has developed an expertise to assist clients with creation of their information security programs, incident response policies, marketing programs in compliance with the various state and federal consumer protection laws, and privacy policy creation and compliance.

Career highlights include:

Advising retail clients on compromise response and issues arising from or related to a compromise, such as Notice of Breach compliance, Payment Card Industry (PCI) and Payment Application (PA) Data Security Standard (DSS) compliance, card association processes and state and Federal Trade Commission investigations
Working with clients to draft and update privacy policies in compliance with state and federal privacy laws such as the Children’s Online Privacy Protection Act of 1998 and Federal Trade Commission rules and orders. Ms. Kahn has also assisted clients with the initial evaluation of issues associated with Canadian federal and provincial privacy laws and the European Union (EU) Directive.
Assisting clients with their marketing programs in compliance with federal and state consumer protection laws, such as do not call laws, the Telemarketing Sales Rule, the Telephone Consumer Protection Act, CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003), advertising and information collection
Working with clients to negotiate contracts with acquiring banks and card associations, and for information security, private label credit cards, marketing, product placement and contests

Ms. Kahn is a member of the American Bar Association, the Ohio State Bar Association, the Columbus Bar Association, the International Association of Privacy Professionals and is a Certified International Privacy Professional (CIPP).

Ms. Kahn has given presentations on a variety of topics relating to 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) and the American Bar Association.

Ms. Kahn 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, 2009-2011
Columbus CEO, Top Lawyers in Columbus, 2010
Fellow of the Columbus Bar Foundation since 1998
Ohio Super Lawyers, Information Technology/Outsourcing, 2004, 2007-2012

News

Events

Publications

“The Federal Trade Commission’s Expansion of the Safeguards Rule,” The Federal Lawyer, September 2007
“Spilling Your Beans: An Analysis of States’ Notice of Breach Laws and Recent Court Rulings,” Defense Counsel Journal, 2007