Brian J. McGinnis is a partner with Barnes & Thornburg, where he is a founding member and co-chair of the firm’s data-security and privacy-law practice group and a member of the intellectual property (IP) department and the internet and technology practice.

With nearly 20 years of experience, McGinnis’s practice is strategically focused on the critical intersection of law and technology, providing comprehensive guidance to clients navigating the complex digital landscape. He works closely with the firm’s cybersecurity, IP, corporate, and marketing teams to provide holistic, multidisciplinary, and uniquely tailored advice and offers his clients experience-tested, practical, and risk-based solutions that effectively balance legal obligations with business goals on technology-based legal matters, including privacy and data security, IP, artificial intelligence (AI), corporate transaction, software, and internet law.

In addition to his client work, McGinnis serves as Barnes & Thornburg’s first appointed chief privacy officer, leading the firm’s internal data privacy program and initiatives. In this role, he guides the firm on practical implementation of privacy principles, further enhancing his ability to provide insightful and experience-tested guidance to clients facing similar challenges. He is also a Certified Information Privacy Professional.

In his international privacy and data protection practice, McGinnis advises multinational corporations and emerging growth companies on a full range of privacy and data protection matters. He also guides clients through the legal complexities surrounding the development, deployment, and use of AI solutions as well as a wide range of other technology-focused agreements. This practice encompasses trademark, brand protection, copyright, and internet law matters, where he assists clients in developing, protecting, and enforcing their IP rights.

Leveraging a deep understanding of US and global privacy laws, McGinnis strategically develops robust yet operational data protection programs to help both US clients and international clients expanding into or out of the US meet their legal compliance obligations. Such obligations include the EU General Data Protection Regulation and US state privacy laws, especially the California Consumer Privacy Act and California Privacy Rights Act, as well as data-breach response and regulator enforcement matters involving the Federal Trade Commission, state attorneys general, and European Data Protection Authorities.

McGinnis’s experience additionally covers the privacy implications of emerging technologies like AI, big data, and biometrics, and he is a trusted adviser during data-security incidents, offering strategic guidance through every stage of data-breach investigation and response, including improving security posture and incident preparedness. During a breach, he works closely with clients to assess the scope and impact, collaborating with forensics providers, internal IT teams, cybersecurity insurance, and other stakeholders to execute a comprehensive response plan, ensuring that legal privilege is maintained throughout the process. He plays a critical role in handling high-profile privacy, data security, and consumer protection cases, defending against enforcement actions under various regulations.

As a thought leader in the rapidly evolving fields of AI and emerging technologies, McGinnis advises on the responsible development, deployment, and use of AI solutions and assists clients with regulatory compliance, evaluating AI vendor products, and developing comprehensive AI compliance plans. As AI continues to advance, he stays at the forefront of legal and regulatory developments, actively participating in industry discussions concerning AI regulation.

McGinnis brings nearly 15 years of experience as a trademark, brand protection, copyright, and internet lawyer. He provides counsel on legal and regulatory compliance related to cloud computing, e-commerce, online contracts, social media, online speech, liability for online platforms under the Communications Decency Act, and Internet of Things. He also advises on compliance with the Digital Millennium Copyright Act as well as on software protection and licensing, including mobile applications, cloud-based technologies, social media, and online service provider issues.

In IP, McGinnis assists with the development, registration, protection, and enforcement of brands trademarks, trade dress, copyrights, and software copyrights. He manages client domestic and international trademark portfolios, Trademark Trial and Appeal Board litigation, and develops IP portfolio management and enforcement programs tailored to clients’ specific brand challenges. He advises on online advertising and marketing compliance, right of publicity, unfair competition, and consumer protection.

McGinnis He is a frequent speaker on data privacy and cybersecurity law, IP, AI, and technology matters to business groups, legal organizations and privacy seminars, including providing continuing education credit for attorneys and certified privacy professionals through legal groups and for the International Association of Privacy Professionals.