Kerry Malloy Mustico is a Senior Counsel at Oppenheim + Zebrak, LLP, where her practice focuses on litigation involving copyright, trademark, and Internet-related matters. Kerry also works with clients to develop and implement anti-piracy and anti-counterfeiting enforcement strategies, and counsels clients on issues relating to privacy and data protection.
Kerry has successfully represented copyright, brand, and other content owners in infringement actions arising out of Internet-based piracy and counterfeiting, resulting in multi-million dollar judgments and broad injunctive relief. She regularly represents and counsels clients in the publishing, entertainment, retail, and technology industries in all phases of litigation from pre-litigation strategy to settlement negotiation and judgment enforcement. Throughout her career, Kerry has litigated complex commercial matters before federal and state courts and regulatory agencies in a variety of areas, including intellectual property, unfair competition and deceptive trade practices, contracts, securities, business torts, and consumer class actions.
Kerry also has extensive experience advising clients on electronic discovery issues, including developing and negotiating comprehensive discovery plans, designing and implementing electronic search protocols, and managing all aspects of preservation, collection, processing, review and production of electronic documents in complex commercial litigation. Kerry has prepared, defended, and examined witnesses on document retention and electronic discovery efforts, and prosecuted spoliation claims.
Kerry also advises clients on a variety of U.S. privacy and consumer-protection laws, including the Children’s Online Privacy Protection Act (COPPA), the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the CAN-SPAM Act, the Telephone Consumer Protection Act and the Telemarketing Sales Rule, in addition to state data breach notification laws. In particular, Kerry has significant experience drafting and counseling clients regarding their information privacy and security policies.
Prior to joining Oppenheim + Zebrak, Kerry was a Counsel at Crowell & Moring LLP, where she litigated a wide variety of complex commercial matters and counseled clients on privacy, data breach, and data protection matters. Kerry was also a litigation associate in the New York offices of WilmerHale and Lovells (now HoganLovells).
Kerry is a member of the District of Columbia, New York, and Massachusetts bars. Kerry earned her B.A. from James Madison University in 1996 and her J.D. from Fordham University School of Law in 2002. Kerry is a member of the International Association of Privacy Professionals (IAPP), where she has served on the Publications Advisory Board, as well as a member of the Women’s Bar Association of the District of Columbia, where she has served as Co-Chair of the WBA’s Litigation Forum.