Alysa Hutnik is a partner in the firm’s Washington, D.C. office. Her practice includes representing clients in all forms of consumer protection matters, from counseling to defending regulatory investigations and litigation. Her specific focus is on advertising, privacy and data security law.
Ms. Hutnik is past chair of the ABA's Privacy and Information Security Committee (Section of Antitrust Law), the co-chair of the Section's 2011 Consumer Protection Conference, 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, COPPA, 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
Professional Activities
Ms. Hutnik is past chair of the American Bar Association’s (ABA) Privacy and Information Security Committee (within the Section of Antitrust), was the editor-in-chief of the ABA’s Data Security Handbook, a co-chair of the ABA's 2011 Consumer Protection Conference, and has been an editor and contributor to the ABA’s newsletter, The Secure Times, which addresses privacy and data security legal developments. She is an active member of the ABA’s Consumer Protection Committee and regularly organizes teleconferences, brown bags and other meetings for the ABA concerning developments in the law related to advertising, privacy and data security.Honors & Awards
Ranked nationally as a leading practitioner in the Privacy & Data Security area by Chambers USA, 2008-2011.
Recommended in US Legal 500 for her work in the Marketing and Advertising and Data Protection and Privacy areas, 2011.
