Petrina McDaniel is a commercial litigator and Certified Information Privacy Professional (CIPP/US) whose practice uniquely blends complex litigation, regulatory compliance and privacy counseling. Clients refer to Petrina as an “extremely energetic and engaged advocate” who provides “legally comprehensive and business-oriented advice.”

    As a member of the firm’s Litigation and Data Privacy & Cybersecurity practices, Petrina represents domestic and multinational companies across various industries, including telecommunications, aviation, insurance, retail, technology, healthcare and financial services, and has successfully litigated complex commercial cases in state and federal courts across the country, including appellate courts and administrative and arbitral forums.

    She resolves wide-ranging disputes and high-stakes litigation in diverse matters, including class actions, contracts, business torts, trade secrets and consumer disputes, among others, with a particular emphasis on privacy and data security. In addition to commercial litigation, Petrina represents business interests in both negotiations and litigation with state and local governments on wide-ranging issues, including contract disputes and investigations. She has also practiced before the Georgia Office of State Administrative Hearings.

    Petrina has particular expertise in defense litigation under the Telephone Consumer Protection Act (TCPA), and regularly serves as lead counsel in individual and class action litigation across the country. Petrina’s TCPA practice spans over a decade and clients look to her for creative ways to ensure compliance for their marketing strategies under the statute. Petrina has also developed a niche for counseling clients on a myriad of consumer privacy statutes, including the Computer Fraud and Abuse Act (CFAA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Children’s Online Privacy Protection Act (COPPA), the CAN-SPAM Act and a patchwork of other federal privacy statutes and their state analogs. She frequently writes and speaks on the TCPA and consumer privacy trends, and is often quoted on these topics.

    In addition to working within litigation, Petrina works with clients to protect the privacy and security of consumer information through the development and implementation of privacy compliance policies, information security programs and data breach response protocols. She assists clients in protecting consumer information through risk management programs and by strengthening privacy and data security provisions in commercial agreements. In addition, Petrina counsels clients on data breach and incident response, including executing incident response plans, commencing remediation, and coordinating reporting obligations and regulatory responses. Petrina also creates consumer-facing marketing strategies to comply with federal regulations promulgated by the FCC and the FTC, and provides strategic compliance related to state and federal privacy statutes.

    Petrina has received numerous honors, including recognition as Georgia State University’s 2018 “40 Under 40” and one of 30 top Georgia lawyers “On the Rise” by the Daily Report in 2017. She has also been named as a “Rising Star” six times in Business Litigation, most recently in 2018, and “Superwoman” by The Atlanta Tribune in March 2017.

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    • Leading a TCPA class action for telecommunications company in the District Court of Arizona.
    • Leading a TCPA class action for an insurance company in the Northern District of Georgia.
    • Led team that defended a nonprime credit provider in a TCPA class action brought in a Georgia state court, resulting in a voluntary dismissal with prejudice after removal to the Northern District of Georgia.
    • Favorably settling, on an individual basis, a TCPA class action filed against the nation's largest retail jewelry chain in the Northern District of Georgia.
    • Secured a voluntary dismissal with prejudice in an action against a nonprime credit provider alleging violations under the TCPA and the Electronic Funds Transfer Act in Missouri state court.
    • Represented the world's largest airline against alleged violations of the TCPA through unsolicited text messages in the District of Minnesota.
    • Represented a national apparel chain in a putative class action for alleged violations of the TCPA in the Southern District of Indiana.
    • Advised client on data breach reporting obligations where customer PII was inadvertently sent to a third-party vendor; coordinated notification protocol with forensics vendor to affected customers and state regulators.
    • Advised clients on all aspects of data collection, usage, sharing, management, protection and disposal, including negotiating third-party vendor agreements.
    • Advised clients on information security and privacy policies, including drafting privacy notices and online privacy statements.
    • Obtained a monetary recovery on behalf of a commercial airline in a breach of contract case, after successfully moving to dismiss the case in chief and realigning the client as plaintiff.
    • Earned dismissal of claims brought by the American Civil Liberties Union and successfully resolved claims with a local school district on behalf of the operator of a district-sponsored alternative school.
    • Obtained a monetary recovery on a counterclaim on behalf of a national builder of military housing in connection with a dispute at one of the nation's foremost military academies.
    • Successfully negotiated a favorable settlement on behalf of a municipal government by modifying a federal injunction enjoining a local disadvantaged business enterprise program.
    • Successfully obtained a consent permanent injunction against a former employee of a global engineering company for violations of the Georgia Trade Secrets Act and breach of contract.
    • Successfully represented a wireless telecommunications provider in various putative class actions involving claims of false advertising and billing issues.
    • Successfully obtained injunctive relief and payments from telemarketers, spammers and spoofers.
    • Successfully obtained a US$1.135 million judgment against a "data broker" for improperly obtaining cell phone call records.

    Education

    • Georgia State University, College of Law, J.D.
    • Georgia State University, B.A., summa cum laude

    Admissions

    • Georgia

    Courts

    • Supreme Court of Georgia
    • Ct. of App., Georgia
    • U.S. Ct. of App., Fifth Circuit
    • U.S. Dist. Ct., N. Dist. of Georgia
    • U.S. Dist. Ct., Dist. of Colorado

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    Petrina has received widespread recognition for her professional and charitable leadership. She has participated in numerous leadership programs, including LEAD Atlanta, the Georgia Association of Women Lawyers Leadership Academy and the Emerging Leaders Retreat sponsored by the Atlanta-Black Jewish Coalition.

    Petrina currently serves on the board of visitors of the Georgia State University Honors College, the advisory board of the Georgia Diversity Council and the board of directors of the Women’s Entrepreneurial Opportunity Project. She regularly volunteers with the Pro Bono Partnership of Atlanta, the Atlanta Volunteer Lawyers Foundation, Atlanta Legal Aid and the Georgia Association of Black Women Attorneys. She was also a founding trustee of the Young Leaders Collegiate Academy, a proposed charter middle school for South Fulton County, Georgia.

    A supporter and advocate of education, Petrina co-founded the R.E.A.C.H. Scholarship Award, a scholarship service she created for the benefit of high school students graduating from her alma mater, which she operated for more than 18 years. Petrina also endows the “Empowering Excellence Scholarship Award” on behalf of the Georgia State University Honors College, which recognizes top-performing, diverse first-generational college students who are economically disadvantaged.

    • CLE Presenter, “Data Privacy for Non-Profits: A Toolkit for Sound Stewardship,” ICLE State Bar of Georgia, 15th Annual Non-Profit Law Seminar, March 8, 2018.
    • Co-author, "FCC Poised to Open the Floodgates,"Today's General Counsel, Winter 2018.>
    • CLE Presenter, “TCPA Compliance Strategies: The Devil is in the Details,” September 12, 2017.
    • CLE Presenter, “TCPA in the 2017 Landscape: Looking Ahead,” The Knowledge Group webinar, July 24, 2017.
    • Quoted, "Obamacare Robocall Vendor Immune From Class Suit," BNA Snapshot, May 2, 2017.
    • Quoted, "Companies Await D.C. Circuit’s Robocall Autodialer Definition," Bloomberg Law Privacy Law Watch Bulletin, March 7, 2017.
    • Author, "The Telephone Consumer Protection Act at 25: Gaps, Apps and Traps," Bloomberg BNA Privacy and Security Law Report, January 2, 2017.
    • Author, “TCPA TBD: D.C. Circuit to Rule on Key FCC Order,” Association of Corporate Counsel, Georgia Chapter, Winter Newsletter 2016.
    • CLE Presenter, “You Had Me at Hello: Answering the Call of TCPA Compliance,” Association of Corporate Counsel CLE, Atlanta, December 8, 2016.
    • Featured Presenter, “Privacy in Practice: Security, Policies, and Best Practices,” NGO Counsel Forum, Atlanta, October 27, 2016.
    • Moderator, "Don’t Call Me, I’ll Call You: Navigating TCPA Compliance and Class Actions," webinar, August 4, 2016.
    • Author, “Determining Insurance Liability and the Meaning of ‘Publication,’” Daily Report, August 1, 2016.
    • Author, "From Student Debt To Home Foreclosures, State AGs Take Growing Consumer Protection Role," Forbes, June 25, 2015.
    • Author, “Catching Fire: Chemical Companies May Find Themselves Engulfed in Litigation," DRI Newsletter, July 31, 2014.
    • Author, The 2014 McKenna Long & Aldridge California Litigation Guide, April 17, 2014.
    • Author, "No Sign of Dialing Down: FCC Rules May Increase TCPA Suits," Law360, July 18, 2013.
    • Co-author, “Success Through Mentorship," The Recorder, April 12, 2013.
    • Co-author, “The Many Faces of Directors’ Fiduciary Duties,” American Bankruptcy Institute Journal, September 2003.

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