Petrina McDaniel is a commercial litigator and Certified Information Privacy Professional (CIPP/US) whose practice uniquely blends complex litigation and class action defense, regulatory compliance, and privacy risk management. Business-focused and pragmatic, clients laud Petrina as an “extremely energetic and engaged advocate” who provides “legally comprehensive and business-oriented advice.”

    Complex Commercial Litigation and Class Action Defense

    A member of the firm’s Litigation and Data Privacy & Cybersecurity practices, Petrina helps domestic and multinational clients navigate the litigation lifecycle across various industries, including retail, insurance, telecommunications, aviation, technology, healthcare, and financial services, and has successfully litigated class actions and complex commercial cases in state and federal courts across the country, including appellate courts and administrative and arbitral forums.

    Petrina resolves wide-ranging disputes and high-stakes litigation in diverse matters, including class actions, contract disputes, and business torts, with a particular emphasis on consumer protection. In addition to commercial litigation, Petrina represents business interests in both negotiations and litigation with state and local governments, including contract disputes and investigations. She has also first-chaired a trial before the Georgia Office of State Administrative Hearings.

    Consumer Protection and Regulatory Compliance

    Petrina has robust 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 subject matter leadership and creativity to ensure compliance under the statute, with an eye towards litigation avoidance. Petrina also defends, counsels, and represents clients relating to 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. 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 is a frequent author and speaker on the TCPA and consumer privacy trends, and often conducts client trainings on these topics.

    Privacy Risk Management

    The privacy 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. As a privacy advisor, Petrina works with clients to protect the privacy and security of consumer and corporate information through the development and implementation of data privacy policies, information security programs, and negotiated privacy and security provisions in commercial transactions. In addition, Petrina believes in strategic compliance and preparedness, and regularly counsels clients on data breach and incident response, including executing incident response plans, commencing remediation, and coordinating reporting obligations and regulatory responses.

    Petrina has been named as a 2019 Super Lawyer, and is a six-time Super Lawyer Rising Star in Business Litigation. She has received numerous honors, including recognition as 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.

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    • Defending a putative nationwide TCPA class action on behalf of a telecommunications company in the District Court of Arizona involving reassigned and “wrong number” allegations.
    • Defending a putative nationwide TCPA class action on behalf of an insurance company in the Northern District of Georgia based on 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

    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 and the board of directors of the Women’s Entrepreneurial Opportunity Project, where she chairs the Governance Committee. 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. In addition to her board service, Petrina serves as pro bono counsel for CARE USA, where she works 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.

    • 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.

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