Kerry Malloy Mustico is counsel in the Litigation Group in the firm's Washington, D.C. office. Kerry concentrates her practice in complex commercial litigation and arbitration, with a particular focus on class action litigation in federal and state courts. In addition to substantial class action experience, Kerry has significant experience handling multidistrict litigation.
Kerry has litigated claims under a variety of federal and state statutes, as well as business torts, complex domestic and international contract disputes, and intellectual property and unfair competition matters. She has counseled and represented companies and individuals in the telecommunications, technology, financial, insurance, hospitality, pharmaceutical, healthcare, and oil and gas industries in all phases of litigation from pre-litigation counseling to settlement negotiation. In addition, Kerry has conducted internal investigations on behalf of companies in a variety of industries in response to SEC inquiries and Civil Investigative Demands.
Kerry also has a very active pro bono practice. She has represented victims of domestic violence in obtaining temporary and permanent protective orders against their abusers and assisted a foreign national who was a victim of torture and political persecution in his home country in obtaining political asylum. Kerry also has served as a Guardian ad Litem in child custody cases. Most recently, Kerry represented the Attorney General for the District of Columbia in a termination of parental rights case involving a young boy born with spina bifida and other serious ailments. The case freed the child from the neglect system paving the way for his adoption by loving foster parents. In 2009, Kerry was the recipient of Crowell & Moring's first-ever Pro Bono Award for Compassion.
Kerry serves a leadership role in the firm's Women Attorneys' Network.
Before joining Crowell & Moring, Kerry worked in the New York offices of Wilmer Cutler Pickering Hale and Dorr LLP and Lovells LLP (now Hogan Lovells LLP).
Representative Matters
· Representing a real estate developer and major hotel chain in litigation contesting their contract to develop a hotel to support the District of Columbia's convention center. Summary judgment granted in favor of clients allowing the $537 million public-private project to proceed.
· Representing manufacturer of amplifiers for use in military radios in complex commercial dispute. Jury verdict returned in favor of client on all counts.
· Defending a Fortune 500 telecommunications company against action alleging antitrust and regulatory violations, breach of contract, fraud, deceptive trade practices, and unjust enrichment. A favorable settlement was reached in advance of trial.
· Representing a manufacturer of chemicals used in paper and pulp mills in seeking a TRO to prevent the EPA's enforcement of a "stop-sale" order. TRO and permanent injunction granted in favor of client.
· Defending generic drug manufacturers in multi-district False Claims Act litigation concerning generic pharmaceutical reimbursement rates. The case settled on confidential terms before trial.
· Representing large commercial purchasers of dynamic random access memory (DRAM) as opt-outs in an antitrust recovery action for damages caused by international price-fixing cartel. The litigation trust recovered $400 million in a settlement shortly before trial.
Other Affiliations
Kerry is a member of the American Bar Association's Section of Litigation and the Class Action and Derivative Suits, Securities Litigation, and Woman Advocate committees, as well as the National Association of Women Lawyers and the Women's Bar Association.