Alysa Hutnik delivers comprehensive expertise in all areas of privacy, data security and advertising law. Her experience ranges from strategic consumer protection oriented due diligence and compliance counseling to defending clients in FTC and state attorneys general investigations and competitor disputes. Much of Alysa’s practice is focused in the digital and mobile space in particular, including cloud, mobile payment, calling/texting practices and data-focused services.
Ranked as a leading practitioner in the Privacy & Data Security area by Chambers USA
, Chambers Global
, Alysa has received accolades for the dedicated and responsive service she provides to clients. The US Legal 500
notes that Alysa provides “excellent, fast, efficient advice” regarding data privacy matters. In 2013, Alysa 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’ needs, Alysa consistently delivers practical ideas and written deliverables in clear, effective language. An ardent team player and reliable solution-builder, Alysa is both a fierce advocate when needed, while consensus-driven when it benefits her client’s position. Alysa’s ability to prioritize, particularly when it comes to problem-solving, is grounded in listening to each client’s needs, while safeguarding their position. Clients and colleagues alike appreciate Alysa’s support in identifying and addressing “red flags” before serious problems can ensue.
Alysa is a frequent speaker at conferences around the country, as well as on national television news regarding legal privacy and technology-related developments, including appearances on Fox Business News and Al Jazeera America.
Prior to joining the firm, Alysa was a federal clerk for the Honorable Joseph R. Goodwin, United States District Judge, Southern District of West Virginia.
Alysa is the current Consumer Protection Officer of the American Bar Association (ABA) Antitrust Section. She also has served on the Council of the ABA Antitrust Section, was the past chair of the Antitrust Section’s Privacy and Information Security Committee, editor-in-chief of the Section’s Data Security Handbook, and a co-chair of its 2011 Consumer Protection Conference.
Providing practical legal advice on compliance with privacy, information security and marketing laws and best practices. This include compliance with federal and state laws throughout the U.S., as well as international laws such as the General Data Protection Regulation (GDPR). These efforts also include strategic advice applicable to the enterprise, and advertising and marketing practices; “privacy by design” efforts in developing software, apps and platforms; mobile payment compliance; and designing compliance programs to mitigate third-party liability exposure (whether from customers, affiliates, franchisees, independent dealers or service providers).
Performing TCPA and related consumer protection due diligence on calling and texting practices and technology solutions, as well as assisting clients in developing and enhancing telemarketing and non-telemarketing calling/texting compliance programs under the TCPA, TSR and state laws.
Assisting clients in proactive efforts designed to prevent data breaches, as well as crisis response and legal obligations upon discovering a potential data breach.
Assisting clients (particularly cloud-based platforms and solution providers) in developing efficient processes for managing and negotiating responses to third-party subpoenas that comply with applicable privacy and other laws, and are not unduly burdensome to the company.
Defending clients in privacy, data security, and advertising and marketing practice-focused investigations by the Federal Trade Commission (FTC) and state attorneys general.
Defending clients in advertising and marketing disputes with customers and competitors, including before the National Advertising Division and the National Advertising Review Board, and class action litigation (alleging false advertising and unfair and deceptive practice claims) in state and federal courts.