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Kerry Malloy Mustico

Senior Counsel
Oppenheim + Zebrak, LLP

Kerry Mustico is senior counsel at Oppenheim + Zebrak, LLP.  Mustico is an experienced commercial litigator.  Her practice is focused on complex commercial litigation involving copyright and trademark protection, as well as counseling clients on privacy and data-protection issues.    

For over ten years, Mustico has litigated complex commercial matters before federal and state courts and regulatory agencies in a variety of areas, including contract, intellectual property, unfair competition and deceptive trade practices, business tort, and consumer class actions.  Mustico has counseled and represented companies and individuals in the telecommunications, technology, consumer product, healthcare, entertainment, and hospitality industries in all phases of litigation from pre-litigation counseling to settlement negotiation.

Mustico also advises clients on a variety of U.S. federal and state privacy-related laws, including the Children’s Online Privacy Protection Act (COPPA), the California Online Privacy Protection Act (CalOPPA), the CAN-SPAM Act, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the Gramm-Leach-Bliley Act, and the Fair Credit Reporting Act.  Mustico is particularly adept at counseling clients on issues relating to consumer data collection, including best practices in marketing, advertising, and mobile applications. Mustico develops and reviews website and company- or brand-wide privacy policies, as well as Bring Your Own Device policies.  Recently, she revised and updated a client’s privacy policies in advance of a “smart home” product launch, and advised another client on privacy considerations with respect to its new marketing and sweepstakes campaigns.

Mustico began her career as a litigation associate with the law firms Wilmer Cutler Pickering Hale and Dorr LLP and Lovells LLP (now Hogan Lovells).  Mustico received a BA from James Madison University and a JD from Fordham University School of Law.

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