On these topics, Ms. Hutnik frequently conducts workshops and gives speeches, is often quoted in major business and law journals and articles, and has authored numerous advertising, privacy and data security publications. She is the current chair of the ABA's Privacy and Information Security Committee (Section of Antitrust) and was the editor-in-chief of the ABA's Data Security Handbook, a practical guide for data security legal practitioners.
Prior to joining Kelley Drye, Ms. Hutnik was a federal clerk for the Honorable Joseph R. Goodwin, United States District Judge, Southern District of West Virginia.
Representative Experience
Representing clients in advertising substantiation proceedings, investigations and inquiries from the Federal Trade Commission (FTC); State Attorneys General; the National Advertising Division (NAD); the National Advertising Review Board (NARB); television networks; and federal and state courts and agencies.Counseling clients regarding compliance with federal and state laws on privacy and data security, including the FTC Act, Gramm-Leach-Bliley Act, the GLB Safeguards Rule, FCRA, FACTA, HIPAA, and state privacy and information security laws. Her counseling includes advising companies on the necessary and recommended steps to take following the occurrence of an information security breach, how to design and implement a compliant privacy and information security program, and strategies for contracting with, and providing sufficient and practical oversight and monitoring of, vendors that will be handling personal information on the company’s behalf.
Training clients’ employees on privacy, data security, advertising and business practices that comply with federal and state consumer protection law, and drafting related marketing guidelines, privacy and data security policies, and employee training materials.
Performing privacy and data security audits of companies’ information practices, and assisting companies on identifying and implementing remediation efforts.
Assisting clients in developing and clearing advertising claims and evaluating competitors’ conduct for potential advertising challenges.
Representing clients in competitor challenges and consumer protection litigation in state and federal courts, primarily involving on- and off-line retailers, franchisors, technology companies, telecommunications providers and companies that support the financial services industry.
Memberships & Associations
American Bar AssociationInternational Association of Privacy Professionals
