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Petrina Hall McDaniel
Partner
Petrina Hall McDaniel is the co-leader of our Class Action & Multidistrict Litigation Practice. As a high-stakes litigator and Certified Information Privacy Professional (CIPP/US), Petrina knows that legal problems are business problems. Through this lens, Petrina leverages creative advocacy and strategic focus to defend her clients' thorniest problems and competitive risks in consumer class actions and bet-the-company litigation. Regarded as an “experienced and efficient legal tactician” who “provides legally comprehensive and business-oriented advice,” Petrina has successfully defended complex commercial cases and putative class actions with potential billions in exposure in state and federal courts across the country, including appellate and ADR fora.
Class Action Defense, Regulatory Investigations and ESG
Petrina litigates and arbitrates all manner of company-critical litigation that affects her clients’ short- and long-term business objectives. As a legal strategist and trusted advisor to a range of clients – from private equity firms and privately-held companies to large publicly-traded Fortune 500 companies – Petrina has defended national and multinational clients in wide-ranging disputes and high-stakes controversies in diverse matters, including consumer class actions, unfair business practices, fraud cases, contract disputes, business torts and regulatory investigations. Petrina has represented clients across a variety of sectors, including retail, insurance, automotive, telecommunications, aviation, technology, healthcare and financial services, among others.
In addition to litigation, Petrina has successfully defended numerous clients in investigations by States’ Attorneys General and regulating agencies. She has first-chaired an administrative trial, and has coordinated responses to CIDs, subpoenas and other investigatory inquiries.
Petrina also advises on mitigating risks related to ESG reporting and sustainability, including developing compliance and litigation strategies to reduce legal and reputational risks to businesses and their stakeholders. Working with a dedicated global cross-practice ESG group, Petrina helps devise solutions to address ESG risks and opportunities, and resolve ESG-related litigation, with an eye towards early dismissals or favorable negotiated resolutions.
Consumer Protection and Privacy
Petrina has built a nationally recognized defense litigation practice under the Telephone Consumer Protection Act (TCPA), and regularly serves as lead defense counsel in individual and class action litigation across the country, including in Georgia, California, Florida, Texas, Arizona, Illinois, Ohio, Missouri, Minnesota and Indiana. Petrina’s record of accomplishment of securing dismissal of individual and class claims and negotiating favorable settlements has earned her recognition as a seven-time Super Lawyers’ “Rising Star” in Business Litigation and Class Action Defense, America’s Top 100 High Stakes Litigators, and Best Lawyers in America (2020-2022). In an issue of first impression in the Eleventh Circuit, Petrina recently secured a first-in-nation ruling, creating precedent-setting law.
Petrina also defends, counsels, and represents clients in matters relating to a myriad of consumer privacy statutes, including the Communications Decency Act (CDA), Michigan's Video Rental Privacy Act (VRPA), Computer Fraud and Abuse Act (CFAA), 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. In addition to her defense litigation practice, Petrina 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.
The privacy and consumer protection landscape is constantly shifting, and Petrina believes in staying ahead of the curve in helping clients identify legal and regulatory privacy risks that impact their businesses today and potentially in the future. Petrina is a frequent author and speaker on the consumer protection and privacy trends, and enjoys conducting client trainings on these topics.
Petrina’s additional honors include recognition by The Best Lawyers in America for “Privacy and Data Security Law” in 2023, National Black Lawyers Top 100 (2019), American City Business Journal’s 2019 “BizWoman Headliner,” The Atlanta Business Chronicles’ 2018 “40 Under 40,” Georgia State University Alumni Association’s 2018 “40 Under 40,” and one of 30 top Georgia lawyers “On the Rise” by the Daily Report in 2017. The Atlanta Tribune named her a “Superwoman” in 2017.
- Achieved a first-in-nation ruling on defense of Article III standing, where the court dismissed TCPA junk fax suit on summary judgment, Daisy, Inc. v. Mobile Mini, Case No.: 2:20-cv-17-FtM-38MRM, 2020 U.S. Dist. LEXIS 175536 (M.D. Fl. September 24, 2020). Appeal to Eleventh Circuit dismissed.
- Representing insurance clients in multiple class action relating to cancellations under travel policies due to COVID-19 orders and regulations.
- Advising clients on operational and insurance-related issues arising from the COVID-19 pandemic and patchwork of state and municipal orders.
- Earned a stay of proceedings in favor of a health insurer, pending Supreme Court ruling in Facebook v. Duguid.
- Secured dismissal of a putative TCPA class action before a responsive pleadings deadline.
- Resolved a putative consumer fraud class action with the court dismissing pled claims of breach of contract, fraud and unfair business practices claims against a nation’s largest auctioneer of used vehicles.
- Obtained a dismissal of bet-the-company litigation involving claims of breach of contract, breach of the implied, covenant of good faith and fair dealing, promissory estoppel and unjust enrichment.
- Secured a favorable settlement of commercial litigation after the court dismissed claims for unjust enrichment and conversion against a telecommunications provider.
- Successfully argued motion to compel allowing an offensive discovery against a putative class representative and ordering the production of personal electronic devices to prove evidence of consent.
- Successfully resolved through a class action settlement claims brought against a telecommunications company in the District Court of Arizona involving reassigned and “wrong number” allegations.
- Favorably settling a putative nationwide TCPA class action on an individual basis on behalf of an insurance company in the Northern District of Georgia stemming from allegations of vicarious liability and purported violations of the Do Not Call registry.
- Led a 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 resolving a dispute with a vendor involving contractual indemnity claims arising under the TCPA, with potential liability exceeding US$280 million.
- 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.
- First-chaired an administrative trial that led to a reversal of the administrative law judge’s recommendation from the Office of State Administrative Hearings, ruling that a political candidate was a qualified candidate for a seat in the Georgia House of Representative.
- Earned dismissal of claims brought by the American Civil Liberties Union in a putative class action 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, 2004
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
- U.S. Dist. Ct., E. Dist. of Michigan
Petrina believes it is her professional responsibility to ensure the legal profession is reflective of the world in which we live and practice. She is a member of the firm’s task forces committed to the advancement of women, African-Americans and other diverse professionals. Petrina is also a Diversity Champion for the firm’s African-American Resource Group, and serves on the Squire Patton Boggs’ Foundation, which promotes the role of public service and pro bono work in the practice of law and the development of public policy.
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 the Atlanta Volunteers Lawyers Foundation (AVLF). She also volunteers with the Pro Bono Partnership of Atlanta, the Atlanta Legal Aid and the Georgia Association of Black Women Attorneys. In addition to her board service, Petrina served as pro bono counsel for CARE USA, where she worked with the legal department to address organizational data privacy and cybersecurity risks.
A supporter and advocate of education, Petrina endows the “Empowering Excellence Scholarship Award” on behalf of the Georgia State University Honors College, which recognizes top-performing, diverse first-generational college students. Petrina also 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 managed for more than 18 years.
- Co-author, “ESG Enforcement Risks: From ‘Greenwashing’ to ‘Wokewashing’,” ACC Docket, July 19, 2022.
- Co-author, “Lack of Uniformity in ESG Ratings System Poses Risks, Opportunities,” Bloomberg Law, May 16, 2022.
- Co-author, “ESG Regs Abroad Offer Road Map For US Multinational Cos.,” Law360, April 21, 2022.
- Faculty Member and Presenter, “ESG Cross-Over Issues for All Lawyers in the Legal Department,” Chief Legal Executive Regional Summit Series, October 21, 2021.
- Faculty Member and Presenter, “Class Action Trends,” Chief Legal Executive Regional Summit Series, June 17, 2021; April 27, 2021.
- Faculty Presenter, “Master Class on Consent Revocation,” Contact Center Compliance/DNC.com, June 8, 2021.
- Presenter, “Can You Hear Me Now? Developments in TCPA,” Consumer Bankers Association Live 2020, October 1, 2020.
- Author, “‘Zero, zip, zilch:’ Squire Patton Boggs Team Earns First-in-Nation Ruling Finding No Injury for Single Fax Attached to Email,” TCPAWorld blog, September 28, 2020.
- Co-author, “ADA in the Gig Economy—Trends in Class Action Litigation,” Bloomberg Law, August 28, 2019.
- Co-author, “California Privacy Act Keeps Broad Reach as Amendments Pass First Hurdle,” Bloomberg Law, August 12, 2019.
- Co-author, “Pending Amendments May Shape Contours of California Privacy Act,” Bloomberg Law, July 9, 2019.
- Author, “Hedging Bets: Court Finds Sufficient Allegations of ATDS without Taking Clear Stance on Standard,” TCPAWorld blog, July 10, 2019.
- Author, “Asking the Right Question: TCPA Defendant Successfully Challenges Venue by Presenting Better Forum,” TCPAWorld blog, July 5, 2019.
- Author, “Article III Standing a Double-Edged Sword for TCPA Plaintiff Seeking Remand to State Court,” TCPAWorld blog, June 5, 2019.
- Author, “Closing the Coverage Gap?: California Supreme Court Set to Decide Whether Privacy Right Implicated by the TCPA Triggers Insurance Coverage for ‘Advertising Injury’,” TCPAWorld blog, May 6, 2019.
- Author, “If at First You Don’t Succeed, Try Again: Court Grants Defendant’s Renewed Motion to Compel Arbitration After Finding Agency & Applicability of Terms to TCPA Claim,” TCPAWorld blog, April 10, 2019.
- Author, “Whose Consent Is It Anyway?: Court Recognizes Reasonable Reliance Defense in Denying Summary Judgment to Junk Fax Plaintiff,” TCPAWorld blog, April 3, 2019.
- Author, “Mucho Gracias! Northern District of Illinois Rejects Expansive Definition of Autodialer for Spanish Survey Texts,” TCPAWorld blog, April 3, 2019.
- Author, “Oyez! Oyez! Oyez! The U.S. Solicitor General Set to Argue in Closely-Watched PDR Network Petition,” TCPAWorld blog, March 7, 2019.
- Author, “One Call, That’s All? Court Finds Single Missed Call Sufficient under Spokeo, But Hints an ‘Unnoticed’ Call May Change Result,” TCPAWorld blog, March 1, 2019.
- Moderator, “Professionalism and the Global Community,” State Bar of Georgia Chief Justice’s Commission on Professionalism, November 30, 2018.
- Co-author, “To Defer or Not to Defer: Supreme Court Set To Hear Case That Could Decide Deference Standard In TCPA Cases,” World Class Defense blog, November 27, 2018.
- Presenter, “2018 US Privacy Update,” The Canadian Bar Association, Access to Information and Privacy Law Symposium, October 19, 2018.
- Co-presenter, “Collecting and Monetizing Data: High Risk, High Reward,” CLE Presentation, September 20, 2018.
- Co-author, “Cybersecurity Bill Vetoed in Georgia,” Security & Privacy Bytes blog, May 21, 2018.
- Moderator, “Achieving Inclusive Infrastructure,” Metro Atlanta Chamber, May 14, 2018.
- Co-presenter, “After the DC Circuit’s TCPA Decision: What You Should (and Should Not) Be Doing and Planning for the Road Ahead,” Webinar, May 3, 2018.
- Co-author, “Data Breach Laws on the Books in Every State; Federal Data Breach Law Hangs in the Balance,” Security & Privacy Bytes blog, April 30, 2018.
- Author, “Narrow TCPA Healthcare Exemption Upheld by D.C. Circuit,” Triage Health Law blog, March 20, 2018.
- Co-author, “DC Circuit Vacates Key Aspects of FCC’s 2015 Order Interpreting the Telephone Consumer Protection Act,” Squire Patton Boggs client alert, March 19, 2018.
- 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.