Big data has big value. It also comes with big risks if you don’t meaningfully address privacy, data protection, and consumer protection laws. And change is in the air: US and global laws applicable to big data, as well as self-regulatory guidelines, are evolving to keep pace with innovation. Failing to stay current with or lacking a solid understanding of these obligations in your business practices can create substantial exposure for the organization and individual owners. Indeed, data mishaps can result in bad press, regulatory investigations, congressional hearings, lawsuits, and risky contract terms with business partners.
Alysa Hutnik and Crystal Skelton share shares several big data cautionary tales to highlight legal best practices and practical tips to avoid becoming a big data “don’t.”
Alysa Z. Hutnik is a partner at Kelley Drye & Warren LLP in Washington, DC, where she delivers comprehensive expertise in all areas of privacy, data security, and advertising law. Alysa’s experience ranges from counseling to defending clients in FTC and state attorneys general investigations, consumer class actions, and commercial disputes. Much of her practice is focused on the digital and mobile space in particular, including the cloud, mobile payments, calling and texting practices, and big data-related services. Ranked as a leading practitioner in the privacy and data security area by Chambers USA, Chambers Global, and Law360, Alysa 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, she 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.
Crystal also helps advertisers and manufacturers balance legal risks and business objectives to minimize the potential for regulator, competitor, or consumer challenge while still executing a successful campaign. Her advertising and marketing experience includes counseling clients on issues involved in environmental marketing, marketing to children, online behavioral advertising (OBA), commercial email messages, endorsements and testimonials, food marketing, and alcoholic beverage advertising. She represents clients in advertising substantiation proceedings and other matters before the Federal Trade Commission (FTC), the US Food and Drug Administration (FDA), and the Alcohol and Tobacco Tax and Trade Bureau (TTB) as well as in advertiser or competitor challenges before the National Advertising Division (NAD) of the Council of Better Business Bureaus. In addition, she assists clients in complying with accessibility standards and regulations implementing the Americans with Disabilities Act (ADA), including counseling companies on website accessibility and advertising and technical compliance issues for commercial and residential products. Prior to joining Kelley Drye, Crystal practiced privacy, advertising, and transactional law at a highly regarded firm in Washington, DC, and as a law clerk at a well-respected complex commercial and environmental litigation law firm in Los Angeles, CA. Previously, she worked at the law firm featured in the movie Erin Brockovich, where she worked directly with Erin Brockovich and the firm’s name partner to review potential new cases.
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