Photo of Hensey A. Fenton III

Hensey A. Fenton III

Hensey Fenton specializes in providing advice and guidance to clients on legislative and regulatory strategies. Hensey counsels clients on a myriad of issues in the policy and regulatory space, including issues involving cybersecurity, financial services, artificial intelligence, digital assets, international trade and development, and tax.

Another facet of Hensey’s practice involves cutting-edge legal issues in the cybersecurity space. Having published scholarly work in the areas of cybersecurity and cyberwarfare, Hensey keeps his finger on the pulse of this fast-developing legal field. His Duke Journal of Comparative & International Law article, "Proportionality and its Applicability in the Realm of Cyber Attacks," was highlighted by the Rutgers Computer and Technology Law Journal as one of the most important and timely articles on cyber, technology and the law. Hensey counsels clients on preparing for and responding to cyber-based attacks. He regularly engages with government and military leaders to develop national and global strategies for complex cyber issues and policy challenges.

Hensey’s practice also includes advising international clients on various policy, legal and regulatory challenges, especially those challenges facing developing nations in the Middle East. Armed with a distinct expertise in Middle Eastern foreign policy and the Arabic language, Hensey brings a multi-faceted approach to his practice, recognizing the specific policy and regulatory concerns facing clients in the region.

Hensey is also at the forefront of important issues involving Diversity, Equity and Inclusion (DEI). He assists companies in developing inclusive and sustainable DEI strategies that align with and incorporate core company values and business goals.

Prior to joining Covington, Hensey served as a Judicial Law Clerk for the Honorable Judge Johnnie B. Rawlinson, United States Court of Appeals for the Ninth Circuit. He also served as a Diplomatic Fellow in the Kurdistan Regional Government’s Representation (i.e. Embassy) in Washington, DC.

New Jersey and New Hampshire are the latest states to pass comprehensive privacy legislation, joining California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Oregon, Texas, Florida, and Delaware.  Below is a summary of key takeaways. Continue Reading New Jersey and New Hampshire Pass Comprehensive Privacy Legislation

Ahead of its December 8 board meeting, the California Privacy Protection Agency (CPPA) has issued draft risk assessment regulations.  The CPPA has yet to initiate the formal rulemaking process and has stated that it expects to begin formal rulemaking next year, at which time it will also consider draft regulations covering “automated decisionmaking technology” (ADMT), cybersecurity audits, and revisions to existing regulations.  Accordingly, the draft risk assessment regulations are subject to change.  Below are the key takeaways:Continue Reading CPPA Releases Draft Risk Assessment Regulations

Ahead of its December 8 board meeting, the California Privacy Protection Agency (CPPA) has issued draft “automated decisionmaking technology” (ADMT) regulations.  The CPPA has yet to initiate the formal rulemaking process and has stated that it expects to begin formal rulemaking next year.  Accordingly, the draft ADMT regulations are subject to change.  Below are the key takeaways:Continue Reading CPPA Releases Draft Automated Decisionmaking Technology Regulations

This quarterly update summarizes key legislative and regulatory developments in the second quarter of 2023 related to key technologies and related topics, including Artificial Intelligence (“AI”), the Internet of Things (“IoT”), connected and automated vehicles (“CAVs”), data privacy and cybersecurity, and online teen safety.Continue Reading U.S. Tech Legislative & Regulatory Update – Second Quarter 2023

This quarterly update summarizes key legislative and regulatory developments in the first quarter of 2023 related to Artificial Intelligence (“AI”), the Internet of Things (“IoT”), connected and autonomous vehicles (“CAVs”), and data privacy and cybersecurity.Continue Reading U.S. AI, IoT, CAV, and Privacy & Cybersecurity Legislative & Regulatory Update – First Quarter 2023

On February 24, Congressman Patrick McHenry (NC-10) formally introduced his bill to modernize the Gramm-Leach-Bliley Act (“GLBA”) in the House as H.R. 1165.  The bill was first released as a discussion draft in June 2022, although the latest version reflects a number of updates as compared to the initial discussion draft.  The bill has

This quarterly update summarizes key legislative and regulatory developments in the fourth quarter of 2022 related to Artificial Intelligence (“AI”), the Internet of Things (“IoT”), connected and autonomous vehicles (“CAVs”), and data privacy and cybersecurity.Continue Reading U.S. AI, IoT, CAV, and Privacy Legislative Update – Fourth Quarter 2022

On March 15, 2022, President Biden signed the Consolidated Appropriations Act 2022, a $1.5 trillion omnibus spending package to fund the government through September 2022.  The omnibus spending package includes the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (the “Act”), which establishes two cyber incident reporting requirements for covered critical infrastructure entities:  a 24-hour requirement to report any ransomware payments to the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) and a 72-hour requirement to report all covered cyber incidents to CISA.  These requirements will take effect upon the issuance of implementing regulations from the Director of CISA.
Continue Reading President Biden Signs Critical Infrastructure Ransomware Payment and Cyber Incident Reporting into Law