Alysa Hutnik is a partner in the firm’s Washington, D.C. office. Her practice includes representing clients in all forms of privacy, data security, and advertising matters, from counseling to defending clients in FTC and State Attorneys General investigations, class actions and other litigation. Many of her matters focus in particular on emerging technologies, including cloud, mobile, calling/texting practices, and “Big Data”-related services. Ranked as a leading practitioner in the Privacy & Data Security area by Chambers USA, Chambers Global, and Law360, Ms. Hutnik wins praise for the dedicated, and responsive service she provides to clients. Sources also tell US Legal 500 that she provides “excellent, fast, efficient advice” regarding data privacy matters. In 2013, Ms. Hutnik was one of just three attorneys under 40 practicing in the area of privacy and consumer protection law to be recognized as a Rising Star by Law360.
Ms. Hutnik is a frequent speaker on national television news regarding legal privacy and technology related developments, including appearances on Fox Business News and Al Jazeera America. She is a 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.
Defending clients in privacy and data security investigations by the Federal Trade Commission (FTC) and State Attorneys General.
Defending clients in advertising and marketing proceedings, investigations and lawsuits by the FTC; State Attorneys General; the National Advertising Division; and the National Advertising Review Board.
Assisting clients in proactive efforts designed to prevent data breaches, and legal compliance and public relations efforts upon discovering a potential data breach.
Advising clients in developing and auditing telemarketing and non-telemarketing calling/texting compliance programs under the TCPA, TSR, and state laws.
Advising clients regarding compliance with other aspects of privacy, information security, and marketing laws and best practices. Such counseling ranges from advice on marketing programs, privacy and data security safeguard programs, “privacy by design” efforts in developing software, apps, and platforms, mobile payment compliance, and mitigating third party liability exposure (whether from affiliates, franchisees, independent dealers, or service providers).
Assisting clients in developing and clearing advertising claims and evaluating competitors’ conduct for potential advertising challenges.
Representing clients in competitor advertising challenges and class action litigation (alleging false advertising and unfair and deceptive practice claims) in state and federal courts.
Memberships & Associations
American Bar Association
International Association of Privacy Professionals (IAPP)
Ms. Hutnik currently is appointed to the Council of the American Bar Association (ABA) Antitrust Section. She 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.
Honors & Awards
Named as a Rising Star by Law360 in the area of Privacy and Consumer Protection Law, 2013.
Ranked nationally as a leading practitioner in the Privacy & Data Security area by Chambers USA, 2008-2015.
Ranked as a leading practitioner in the Privacy & Data Security area by Chambers Global, 2012-2016.
Recommended in US Legal 500 for her work in the Marketing & Advertising area, 2011-2014 and Data Protection & Privacy area, 2011-2015.