Benjamin Mishkin

Member

Recent Publication:

Amendments Expand Pennsylvania’s Data Breach Notification Law [Alert]

Daniel Kilburn and Benjamin Mishkin discuss significant changes to Pennsylvania's BPINA (Breach of Personal Information Notification Act), which came into effect on September 26.

Ben focuses his practice on technology and data privacy. He advises clients in complex data transactions, software agreements, and intellectual property matters. Ben is well-versed in data use and data license agreements governing the exchange of confidential data, including California personal information protected by the CCPA, European personal information protected by the GDPR, protected health information under HIPAA, and other sensitive data types, and he works with clients to ensure their sensitive data is protected by robust cybersecurity requirements. Ben has negotiated complex data-sharing agreements with state and federal government agencies, as well as private nonprofits and corporations. In the software development realm, Ben has drafted and negotiated agreements for the development of complex multi-vendor software solutions, including SaaS agreements and cloud-based storage agreements, as well as negotiating trademark and copyright license agreements. Ben has also helped his startup clients in the social media and entertainment space close deals with major production companies and international advertising firms. Ben’s clients range from emerging growth companies to large regulated financial institutions.

Previously, Ben was a deputy city solicitor in the City of Philadelphia Law Department’s IP & Technology Division, where he negotiated software and other technology agreements and advised city departments regarding best practices for data management and data sharing, both inside the city and with external partners. Ben also served as a member of the Data Subcommittee on the 2017 Mayor's Taskforce to Combat the Opioid Epidemic.

Ben earned his bachelor's degree, cum laude, from George Washington University. Ben earned his law degree, cum laude, from Temple University Beasley School of Law, where he was a note and comment editor for the Political & Civil Rights Law Review.

Experience

News

Nine Impacts of New Jersey and New Hampshire Privacy Laws

February 14, 2024

Ben Mishkin discusses the implications of the latest states to pass comprehensive privacy laws in Cybersecurity Law Report.

Cozen O'Connor Promotes 29 Attorneys to Member

March 20, 2023

Cozen O'Connor is proud to announce the promotion of 29 attorneys to member.

Technology, Privacy & Data Security Practice Launches Cyber Law Monitor Podcast

November 01, 2022

The Cyber Law Monitor podcast from Cozen O’Connor’s Technology, Privacy & Data Security practice group covers emerging trends, developments, and best practices.

Investindustrial’s Agreement to Purchase Majority Stake of Eataly S.p.A

October 17, 2022

Cozen O’Connor served as U.S. and Canadian counsel in Investindustrial’s acquisition of a majority stake in Eataly S.p.A., the global chain of upscale Italian marketplaces. A team led by M&A attorney and Italy Practice chair Christian Moretti conducted significant due diligence of more than 20 Eataly businesses in the United States and Canada, in collaboration with Deloitte Legal Italy and Studio Legale Chiomenti. For nearly two decades, Eataly has been operating high-quality Italian food markets and restaurant concepts in prestigious locations across the globe, including flagship stores in New York, Chicago, Los Angeles, Boston, Dallas, and Silicon Valley.

Cozen O’Connor Boosts its Technology, Privacy, Data Security and Emerging Growth Practices by Adding Nine Attorneys from Philadelphia Law Boutique Baer Crossey McDemus LLC

May 04, 2020

Andrew Baer, Michael Crossey, and Christopher McDemus will stretch the firm’s reach within the global technology, and emerging growth business communities.

Publications

Amendments Expand Pennsylvania’s Data Breach Notification Law [Alert]

October 09, 2024

Daniel Kilburn and Benjamin Mishkin discuss significant changes to Pennsylvania's BPINA (Breach of Personal Information Notification Act), which came into effect on September 26.

2025 Begins with Five More State Privacy Laws [Alert]

October 01, 2024

Benjamin Mishkin and Daniel Kilburn discuss new consumer privacy laws in Delaware, Nebraska, Iowa, New Hampshire, and New Jersey set to take effect in early 2025.

Rhode Island: The Latest Entrant into the Patchwork of State Data Privacy Laws [Alert]

July 18, 2024

Daniel Kilburn and Benjamin Mishkin discuss how the Ocean State became the 19th state to pass a comprehensive privacy law with its Rhode Island Data Transparency and Privacy Protection Act.

A Growing Pattern of Broader Applicability: Nebraska Enacts a Comprehensive Data Privacy Law [Alert]

June 11, 2024

Benjamin Mishkin and Daniel Kilburn discuss the new Nebraska Data Privacy Law, the sixteenth state data privacy regulation.

Privacy Comes to the Bluegrass State: Kentucky Enacts a Comprehensive Data Privacy Law [Alert]

May 17, 2024

The Kentucky Consumer Data Protection Act (KCDPA) goes into effect on Jan. 1, 2026, making Kentucky the fifteenth state to enact a comprehensive data privacy law.

Get Ready to Comply With Two New State Data Privacy Laws by July 1 [Alert]

April 30, 2024

Ben Mishkin and Dan Kilburn discuss two new state data privacy laws that will come into effect on July 1.

Federal Legislators Introduce the American Privacy Rights Act [Alert]

April 10, 2024

A bipartisan, bicameral legislative proposal to create a federal comprehensive data privacy framework may be back on the table. If enacted, the APRA would create a comprehensive federal data privacy regime granting all Americans certain rights regarding their personal data.

European Parliament Passes the EU AI Act [Alert]

March 19, 2024

The world officially has its first comprehensive set of major regulations specifically targeting artificial intelligence. The European Union’s AI Act was passed by the European Parliament on March 13th, 2024.

New Privacy Laws in New Jersey and New Hampshire [Alert]

January 25, 2024

Benjamin Mishkin and Daniel Kilburn discuss new data privacy legislation in New Jersey and New Hampshire.

New Data Broker Laws in Texas and Oregon [Alert]

January 12, 2024

Benjamin Mishkin and Daniel Kilburn discuss new state laws governing, and requiring registration of so-called “data brokers."

Entity-Level vs. Data-Level Exemptions in the New State Privacy Laws [Alert]

August 01, 2023

Due to the increasingly complex patchwork of state privacy laws, Ben Mishkin advises business be aware of all state-by-state obligations and exemptions.

Final Interagency Guidance on Managing Risks Associated with Third-Party Relationships [Cyber Law Monitor Blog]

June 27, 2023

On June 6, 2023, the Board of Governors of the Federal Reserve System, Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. (collectively, the “Agencies”) issued final interagency guidance that provides granular recommendations for how banks and other regulated financial...

Washington Passes the My Health My Data Act [Alert]

May 08, 2023

On April 27, 2023, Washington’s Governor Inslee signed the My Health My Data Act into law, adding to the increasingly complex patchwork of state privacy laws.

AI: What You Need to Know [Cyber Law Monitor Blog]

May 01, 2023

Andy Baer is joined by three of his Cozen O'Connor colleagues for a panel discussion exploring the evolving law of artificial intelligence in the U.S. and Europe, including legal risks associated with ChatGPT and other AI tools, the current state of regulation, and how providers and users of AI...

NTIA Request for Comments on AI Accountability [Alert]

April 19, 2023

The National Telecommunications and Information Administration recently issued a request for comments regarding artificial intelligence accountability.

Iowa’s New Privacy Law

April 13, 2023

With Governor Kim Reynolds signing S.F. 262 into law on March 29, 2023, Iowa became the sixth state to enact a comprehensive consumer privacy law.

Incoming State Privacy Laws in 2023 [Cyber Law Monitor Blog]

November 01, 2022

Introducing the Cyber Law Monitor Podcast, a podcast from Cozen O’Connor’s Technology, Privacy & Data Security practice group with discussions and perspectives on emerging trends, developments and best practices. In the inaugural episode, host Andrew Baer is joined by his Cozen O'Connor...

State Privacy Law Update - Colorado and Nevada [Cyber Law Monitor Blog]

July 07, 2021

While a uniform federal privacy law in the United States continues to be an uncertain prospect overshadowed by other national priorities such as infrastructure and COVID relief, state legislatures have pushed forward with their own privacy regimes, resulting in an increasing patchwork of laws...

Getting Tough with Zero Trust - Biden Bolsters Cybersecurity via Executive Order [Cyber Law Monitor Blog]

May 17, 2021

On May 12, 2021, President Biden issued Executive Order No. 14028, entitled “Improving the Nation’s Cybersecurity”, setting out new and enhanced cybersecurity standards for federal government agencies and the commercial software products utilized by them.  The Biden administration’s order comes...

Bipartisan Bill Would Regulate Automated COVID-19 Contact Tracing Technology [Cyber Law Monitor Blog]

June 19, 2020

A new federal COVID-19 data privacy bill with bipartisan support, the Exposure Notification Privacy Act, would have a substantially narrower scope of application than two previous partisan draft COVID-19 privacy laws. The bipartisan bill specifically regulates “automated exposure notification...

Democrats and Republicans Introduce Competing COVID-19 Data Privacy Bills [Cyber Law Monitor Blog]

May 19, 2020

Responding to widespread calls for uniform rules and restrictions regarding the collection and use of individuals’ COVID-19-related health information, Congressional Republicans and Democrats have each recently introduced their own versions of federal COVID-19 data privacy bills. Although both...

Events & Seminars

Past Events

Education

  • Temple University—James E. Beasley School of Law, J.D., cum laude, 2012
  • George Washington University, B.A., cum laude, 2006
  • New Jersey
  • Pennsylvania