Musetta Durkee

Of Counsel

New York, NY
(202) 621-1828 (office)
(202) 204-6320 (fax)
musetta@clintonpeed.com

Musetta Durkee has a broad practice that includes work in each of the firm’s practice areas, including trial-level litigation, arbitration, appellate work, and advisory and transactional work.

Musetta has extensive experience representing a broad range of clients, from global technology companies and financial institutions to medical device startups.  She has litigated cases in federal and state trial courts, at the appellate level, and before arbitration panels, conducted investigations in response to inquiries from federal and state authorities (including SEC, DOJ, and the New York Department of Financial Services), and advised clients on compliance programs, contracts, and strategy.  Some highlights include: obtaining a zero dollar judgment in $70 million dollar FINRA arbitration, negotiating a favorable settlement in a hotel franchise dispute, advising a digital currency start-up in response to regulatory inquiries, representing a pharmaceutical company in a licensing dispute regarding patent holdings, and spearheading a successful, multiparty amicus strategy in the Second Circuit.

Musetta has also devoted a substantial amount of her efforts to pro bono activities, including successfully representing domestic violence victims and their children in Hague Convention cases in federal district courts in New York and on appeal in the Second Circuit, and resolving a copyright dispute for a local community children’s theater. Currently, Musetta represents children in asylum and immigration cases through Safe Passage Project, and she advises artists on a variety of issues through work with Volunteer Lawyers for the Arts.  She also advises start-ups, small businesses, non-profits, and creatives on discrete legal issues. Musetta is also the founder of Legal Bodies, a non-profit organization monitoring laws and regulations affecting bodies.

Before joining Clinton & Peed, Musetta was a senior associate in the New York office of Wilmer Cutler Pickering Hale and Dorr LLP.  


Education

University of California, Berkeley, School of Law, J.D., Law & Technology Certificate
California Law Review, Senior Online (Circuit) Editor & Executive Committee Member
Berkeley Technology Law Journal, Web Content Editor & Associate Editor

New York University, Tisch School of the Arts, M.A. in Performance Studies

Columbia College, Columbia University, B.A. cum laude in Philosophy & Art History

Professional Activities

Legal Bodies, Founder

Safe Passage Project, Pro Bono Attorney (2019 to present)

Volunteer Lawyers for the Arts, Pro Bono Attorney (2013 to present)

Admissions

New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Eastern District of New York

U.S. Court of Appeals for the Second Circuit

Honors

Above & Beyond Award for Excellence in Pro Bono Advocacy, Sanctuary for Families (2014, 2017)


Selected Publications

Legal Writing

International Perspectives on Street Art, Center for Art Law (Mar. 21, 2019)

Tricking the Art Market—On Forger, Beltracchi, and Scientific Technology, Center for Art Law (Dec. 18, 2018)

Museum Due Diligence and Repatriation Efforts: Museum of Fine Arts, Boston Returns Cultural Objects to Nigeria, 49 ABA/SIL YIR 333 (2015)

Note, The Truth Can Catch the Lie: The Flawed Understanding of Online Speech in In Re Anonymous Online Speakers, 26 BERKELEY TECH. L.J. 773 (2011)

Privacy Expectations in the Use of GPS Tracking Devices: United States v. Maynard, BERKELEY TECH. L.J. BOLT (November 4, 2010)

Copyright Principles Project/Center for Democracy and Technology Copyright Reform, BERKELEY TECH. L.J. BOLT (October 17, 2010)

Ninth Circuit Relaxes Electronic Search Procedures in United States v. Comprehensive Drug Testing Rehearing, BERKELEY TECH. L.J. BOLT (September 28, 2010)

White Papers (Co-Author & Researcher)

Providing an Incidental Copies Exemption for Service Providers and End-Users, Copyright Reform Act, Public Knowledge, Samuelson Law, Technology & Public Policy Clinic (co-author) (Mar. 2011)

Updating 17 U.S.C. § 512’s Notice and Takedown Procedure for Innovators, Creators, and Consumers, Copyright Reform Act, Public Knowledge, Samuelson Law, Technology & Public Policy Clinic (coauthor) (Mar. 2011)

Violence Against Women Needs Assessment Program, CA Crime Victims Assistance Assoc., CA District Attorneys Assoc., Warren Institute on Law & Social Policy (researcher) (February 2012)

Informing Communities: Sustaining Democracy in the Digital Age, Knight Comm’n on the Information Needs of Local Communities in a Democracy (researcher) (April 2010)

 

Book Chapters & Arts Publications

Creative Citizenry in the Age of Information and Communication Technologies, in Lynn Book and David P. Phillips (eds.), Creativity and Entrepreneurship: Changing Currents in Education and Public Life (Northampton, MA: Edward Elgar Publishing, Inc., 2013)

Appreciating Conduct and Consequences Through Communication: Revisiting Community Through a Deweyan Lens, in Omar Swartz (ed.), Communication and Creative Democracy: Interdisciplinary Perspectives, (Suffolk, UK: Abramis Academic, 2011)

Returning Appearance to Itself: Trisha Brown, Koosil-ja, and the Materiality of Appearance, Performance Research, Vol. 13, Issue 4 “On Appearance” (Spring 2009)

Agency, Materiality, and Affective Potential in Koosil-ja’s Dance Without Bodies, e-misférica (The Hemispheric Institute of Performance and Politics Journal, NYU), Vol. 4, No. 1 (Spring 2007)