I represent large and small businesses alike, ranging from Fortune 500 companies to entrepreneurial start-ups. I am passionate about helping my clients understand and apply legal obligations nimbly to their marketing and data practices in ways that support robust competition and innovation. This approach is a key priority when seeking to realize the best possible resolution in my defense of companies faced with government investigations and competitor disputes.
Alysa Hutnik delivers comprehensive expertise in all areas of privacy, data security and advertising law. Her experience ranges from counseling to defending clients in FTC and state attorneys general investigations, competitor disputes at the National Advertising Division of the Better Business Bureaus, consumer class actions and competitor-brought litigation claims. Much of Ms. Hutnik’s practice is focused in the digital and mobile space in particular, including cloud, mobile payment, 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 has received accolades for the dedicated and responsive service she provides to clients. The US Legal 500 notes 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.
Highly responsive to her clients’ often distinct needs, Ms. Hutnik consistently delivers practical ideas and outstanding writing skills executed in clear, effective language. An ardent team player and reliable solution-builder, she is both a fierce advocate when needed, while consensus-driven when it benefits her client’s position. Ms. Hutnik’s ability to prioritize, particularly when it comes to problem-solving, is grounded in her innate aptitude to listen and synthesize each client’s needs, while safeguarding their position. Clients and colleagues alike appreciate her support in identifying and addressing “red flags” before serious problems can ensue.
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 served as editor-in-chief of the ABA’s Data Security Handbook, a practical guide for data security legal practitioners.
Prior to joining the firm, 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, as well as regarding 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. Advice ranges from counsel pertaining to marketing programs, privacy and data security safeguard programs; to “privacy by design” efforts in developing software, apps and platforms; to mobile payment compliance; to 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)
Professional Association for Customer Engagement (PACE)
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, and a co-chair of the ABA’s 2011 Consumer Protection Conference.
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, 2008-2016.
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, 2011-2016.