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Daniel L. Delnero
Partner
Daniel Delnero handles high stakes litigation for companies and individuals throughout the US and abroad. He has served as lead and global coordinating counsel for clients facing disputes in over 15 countries, across four continents. His experience ranges from white-collar criminal defense, to securities litigation, to government investigations, to class action defense. He has particular expertise leading teams of lawyers across jurisdictions and disciplines for clients facing simultaneous civil and criminal litigation, often in multiple countries.
In addition to his trial experience, Daniel has represented clients in appellate matters in the Eleventh Circuit, Tenth Circuit and Eighth Circuit Courts of Appeals.
Daniel is experienced in developing creative solutions to business issues, including in cross-border transactions involving complex and competing choice-of-law considerations for his clients. He draws on his litigation experience to assist clients in managing legal and regulatory risk in complex transactions in a manner that preserves the business opportunities they present.
Prior to entering private practice in 2010, Daniel was a law clerk for the Honorable Lisa Godbey Wood, Chief Judge of the Southern District of Georgia.
Education
- University of Georgia School of Law, J.D., magna cum laude, editor, Journal of Intellectual Property Law, 2009
- University of Georgia, B.B.A. in Economics, summa cum laude, 2006
Admissions
- Georgia, 2009
Courts
- U.S. Ct. of App., Eleventh Circuit
- U.S. Ct. of App., Tenth Circuit
- U.S. Ct. of App., Eighth Circuit
- Recognized as One to Watch in Best Lawyers 2023
- 2019 LexBlog Excellence Awards for Best Breaking News Post, “Spokeo Has Teeth!: Eleventh Circuit Holds Receipt Of A Single Text Message Does Not Confer Article Three Standing”
- Named by the Georgia Super Lawyers as a Rising Star in Business Litigation in 2016 – 2019
Publications
- Author, “The TCPA and Severability: Why The Supreme Court Will Not Sever The Government Backed Debt Exemption,” The National Law Review, February 24, 2020.
- Author, “Seventh Circuit Joins The Party: Another Circuit Rejects Marks And Holds A Random or Sequential Number Generator Is Required For A System to be An ATDS,” The National Law Review, February 19, 2020.
- Author, “Questions of Fact Abound: WDNY Magistrate Recommends Denying Pre-Discovery Motion for Summary Judgment on TCPA Claims,” The National Law Review, November 12, 2019.
- Author, “Wither Marks v. Crunch: District Courts In Florida And Texas Hold Random Or Sequential Number Generation Is Required Exactly One Year After The Ninth Circuit’s Troubling Decision,” The National Law Review, September 20, 2019.
- Author, “Arbitration Under Attack: New Bill Aims To Curb Contractual Rights To Arbitration,” The National Law Review, September 13, 2019.
- Author, “Ouch: California Debt Collector Hit With $267 Million TCPA Verdict,” The National Law Review, September 11, 2019.
- Co-author, “ADA in the Gig Economy—Trends in Class Action Litigation,” Bloomberg Law, August 28, 2019.
- Author, “Spokeo Has Teeth!: Eleventh Circuit Holds Receipt Of A Single Text Message Does Not Confer Article Three Standing,” The National Law Review, August 28, 2019.
- Author, “No Consent For You: SDNY Magistrate Judge Recommends Certifying No-Consent Class Against Now-Closed NYC Cantina Base On Lack Of Evidence Of Consent,” The National Law Review, August 12, 2019.
- Author, “The Lone Star State Speaks: Northern District of Texas Holds Predictive Dialers Are Not ATDS,” The National Law Review, July 31, 2019.
- Author, “A Rock And A Hard Place: Court Denies TCPA Defendant Post-Certification Leave to Add Bristol-Myers Squibb Affirmative Defense,” The National Law Review, July 12, 2019.
- Author, “Good News In Bad Reyes: Southern District of Florida Stays Case Pending FCC Rulemaking,” The National Law Review, July 10, 2019.
- Author, “Gallion Meets PDR: Ninth Circuit Shields FCC Orders From A First Amendment Challenge, Setting Up A Possible Conflict With PDR Network,” The National Law Review, July 9, 2019.
- Author, “Good News From FDCPAWorld: Court Holds Use Of Local Area Code Does Not Violate FDCPA,” TCPAWorld, June 20, 2019.
- Author, “Confusion Abounds: Supreme Court Questions Hobbs Act Deference Without Actually Deciding Hobbs Act Deference In PDR Network,” The National Law Review, June 20, 2019.
- Author, “A Disturbing Trend: Ninth Circuit Joins The Fourth In Severing The TCPA’s Government Backed Debt Exemption,” TCPAWorld, June 14, 2019.
- Author, “Testing Adequacy and Typicality: California Federal Court Restricts TCPA Defendant’s Ability to Examine Serial Plaintiff’s Sources of Income,” The National Law Review, May 29, 2019.
- Author, “Continuing The Trend: Northern District of Illinois Again Holds A Predictive Dialer Must Have A Random Or Sequential Number Generator To Be An ATDS,” The National Law Review, May 21, 2019.
- Author, “The FCC Speaks: Commissioner O’Rielly Highlights The Need For TCPA Reform And Cites The Czar’s Epic Takedown of John Oliver’s False ‘Robocall’ Narrative,” TCPAWorld, May 16, 2019.
- Author, “Federal Common Law and the TCPA: Ninth Circuit Denies Rehearing in Henderson and Holds Federal Common Law of Agency, Not California Law, Controls in the TCPA,” The National Law Review, May 6, 2019.
- Author, “Text Me 6 Times, Shame on Me; Text Me 30 Times, Shame on You: Court Holds TCPA Plaintiff Plausibly Alleged That Defendant Exceeded the Scope of Consent,” The National Law Review, May 6, 2019.
- Author, “Down Goes the Exemption: TCPA’s Content-Specific Government-Backed Debt Exemption Struck Down on First Amendment Grounds,” The National Law Review, April 24, 2019.
- Author, “Affirmatively Non-Affirmative Defenses: Court Strikes Multiple Defenses To A TCPA Claim The Defendant Improperly Characterized As “Affirmative” Defenses,” The National Law Review, April 24, 2019.
- Author, “Broader Is Better: Court Holds Arbitration Agreement Targeted To Medical Malpractice Lawsuits Is Ambiguous As Applied To TCPA Claims,” The National Law Review, April 23, 2019.
- Author, “Staring Down The Barrel: Court Relies On Little-Known Eleventh Circuit Rule To Dismiss TCPA Complaint As A Shotgun Pleading,” The National Law Review, April 5, 2019.
- Author, “Meaningful Telemarketing Involvement: Court Holds Provider of Virtual Callback Numbers Is Potentially Liable for TCPA Violations,” The National Law Review, April 1, 2019.
- Author, “Due Process Meets Agency Deference: TCPAWorld Analyzes the Supreme Court Argument in PDR Network v. Carlton & Harris Chiropractic,” The National Law Review, March 26, 2019.
- Author, “The Impending California Consumer Protection Act: The Law’s Scope, Applicability, and Potential Impact,” TCPAWorld, March 21, 2019.
- Author, “Not So Fast: District Court Rejects TCPA Plaintiff’s Attempt To Opt Out of Arbitration By Filing Suit,” The National Law Review, March 20, 2019.
- Author, “First Things First: TCPA Defendant’s Attempt To Use Rule 11 To Dismiss A Case Denied As Premature,” The National Law Review, March 19, 2019.
- Author, “Industry Responds: Twilio Founder On Eliminating Robocalls,” The National Law Review, March 19, 2019.
- Author, “Robocall Fake News Spreads: More Media Outlets Push Out Misleading TCPA Articles,” The National Law Review, March 19, 2019.
- Author, “That’s Purposeful Availment?: Court Holds Sending A Text To An Indiana Area Code Is Sufficient To Confer Personal Jurisdiction For A TCPA Claim,” The National Law Review, March 15, 2019.
- Author, “Content-Based Discrimination In Action: District Court Grants Summary Judgment Under The TCPA’s Government-Backed Debt Exemption,” The National Law Review, March 14, 2019.
- Author, “First Amendment Day At The Ninth Circuit: Court Hears Constitutional Challenge To The TCPA,” The National Law Review, March 13, 2019.
- Author, “Here’s Your Class, Now Go Find It: District of New Mexico Approves TCPA Class Notice Procedure That Demonstrates Why Certification Should Have Been Denied,” The National Law Review, March 12, 2019.
- Author, “Nothing Skinny About this $3MM Settlement: Jenny Craig Class TCPA Deal Receives Final Approval,” The National Law Review, March 8, 2019.
- Author, “Deference No More: What BNSF Railway v. Loos Teaches About Future Hobbs Act Challenges to FCC TCPA Orders And The Definition Of An ATDS,” The National Law Review, March 6, 2019.
- Author, “Thinly Veiled Liability: District Court Finds Pro-Se TCPA Plaintiff’s Attempt To Pierce The Corporate Veil Plausible,” The National Law Review, March 6, 2019.
- Author, “One Way Out?: District Court Grants TCPA Defendant’s Request To Pursue Individual Discovery And Motions Before Class Discovery,” The National Law Review, March 5, 2019.
- Author, “Timing Matters: District Court Refuses To Dismiss A TCPA Class Action That Was Moot Before It Was Ever Filed,” TCPAWorld, March 1, 2019.
- Author, “Who Called Who?: Eastern District of New York Dismisses Complaint by Serial TCPA Plaintiff For Failure To Allege Who Actually Called Him,” TCPAWorld, February 27, 2019.
- Author, “Facts Matter: District Court Refuses To Dismiss Based On Ramos At The Pleading Stage,” TCPAWorld, February 27, 2019.
- Co-author, “D.C. Circuit TCPA Decision Gives Industry Partial Victory, but No Certainty,” The National Law Review, March 20, 2018.
- Co-author, “11th Circuit Affirms Dismissal of Ex-NFL Coach's Defamation Action,” The National Law Review, February 12, 2018.
- Co-author, “Seventh Circuit Rejects Use of Miller "Safe Harbor" Language When a Debt Cannot Increase,” The National Law Review, February 5, 2018.
- Co-author, “Recent Massachusetts AG Consent Order Places New Requirements on Debt Collection Law Firm,” The National Law Review, September 2, 2017.
- Co-author, “CFPB Proposal Unconstitutionally Imposes Prior Restraint on Regulated Entities’ Speech,” Washington Legal Foundation Legal Pulse, November 18, 2016.
- Co-author, “CFPB’s Systemic Regulation of Four Industries: Enforcing Broader Changes Via Consent Order,” Washington Legal Foundation, July 15, 2016.
- Co-author, “A Changing Environment: The Hannah Consent Order and Its Implications for Debt Buyers,” DBA The Magazine, Spring 2016 Edition.
Media Appearances
- Quoted, “Small Companies Play Big Role in Robocall Scourge, but Remedies are Elusive,” The Wall Street Journal, August 18, 2019.
- Radio interview, “ FCC To Vote On Plan To Deal With Robocalls,” KCBS Radio, June 6, 2019.
- Quoted, “U.S. Poised to Let Phone Companies Block Robocalls,” The Wall Street Journal, May 15, 2019.
- Quoted, “The FCC Has Fined Robocallers $208 Million. It’s Collected $6,790.,” The Wall Street Journal, March 28, 2019.
- Quoted, “Federal Court Strikes Down Exemption in TCPA for Government-Backed Debt Calls,” ACA News, April 25, 2019.
- Radio interview, "How, and Why, Republicans Want To Change the Consumer Financial Protection Bureau," WSHU New York (NPR affiliate), April 18, 2017.