Dan McKenna
Dan McKenna

Daniel JT McKenna

Partner

mckennad@ballardspahr.com
Tel 215.864.8321
Fax 215.864.8999
Philadelphia

Daniel JT McKenna devotes his practice to privacy and data security, consumer financial services, and mortgage banking litigation.

As Co-Practice Leader of the Firm's Privacy and Data Security Group, Mr. McKenna's privacy practice focuses on new product and process design, privacy impact assessments and audits, privacy management and policy, incident planning, incident response and notification, third-party and vendor management, privacy counseling, regulatory comments, and litigation. His clients include banks, loan service providers, health care providers, manufacturers, colleges and universities, and member organizations.

As a leader of the firm's Data Security Emergency Response Team, Mr. McKenna has successfully assisted various entities in navigating the incident response process, including identifying an internal response team, classifying risk and exposure, evaluating and coordinating notice, managing forensic audits, negotiating vendor responsibility, and resolving litigation. He also has assisted clients with various regulatory filings and comments related to changes in privacy laws.

Mr. McKenna's consumer financial services practice focuses on individual and class litigation and arbitration in mortgage, credit card, debt-collection, auto loan, and servicing matters. His clients include banks and nonbank lenders, mortgage lenders and servicers, third-party service providers, auto lenders, and repossession companies.

Mr. McKenna regularly represents clients in a variety of individual and class action matters, including claims brought under the Telephone Consumer Protection Act (TCPA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Electronic Funds Transfer Act (EFTA), Home Ownership and Equity Protection Act (HOEPA), Equal Credit Opportunity Act (ECOA), Alternative Mortgage Transaction Parity Act (AMTPA), Uniform Commercial Code (UCC), and state Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) statutes. Mr. McKenna has trial experience in both federal and state courts and significant experience with JAMS and AAA.

Recent Representative Matters
  • Assisted major university with data incident response plan
  • Assisted a national member organization in coordinating and managing response and audit requirements for a significant data incident
  • Assisted multiple entities in understanding responsibilities and coordinating response with respect to large health care data incident
  • Successfully negotiated vendor contracts for a large company to impose responsibilities for research and repair associated with a volume member data incident upon appropriate vendors
  • Revamped vendor contracts for third-party loan service provider to address data incident response plan and cost allocation
  • Successfully severed and obtained dismissals in multiple loan modification mass actions
  • Successfully negotiated zero dollar voluntary dismissal with prejudice of TCPA class action
  • Specialized Loan Servicing, LLC et al v. Washington (D.N.J. August 11, 2015) (reversing the decision of the U.S. Bankruptcy Court limiting the statute of limitations applicable to mortgage foreclosure and reinstating the mortgage lien)
  • Bendfeldt v. HSBC Mortgage Corp., No. 68, 2014 (Del. Supreme Court October 23, 2015) (affirming dismissal of foreclosure standing counterclaim on an issue of first impression)
  • Strubel v. Comenity Bank, 2015 WL 321859 (S.D.N.Y. 2015) (granting summary judgment and dismissing putative class action premised upon credit card disclosures)
  • Riddle v. Bank of America Corp., 588 Fed.Appx. 127 (3d Cir. 2014) (affirming dismissal of class action on statute of limitations grounds)
  • Simmsparris v. Countrywide Home Loans, Inc., 652 F.3d 355 (3d Cir. 2011), resolving issue of first impression and affirming grant of summary judgment with respect to Fair Credit Reporting Act (FCRA) claim arising out of credit reporting on mortgage loan
  • Burrell v. DFS Services, LLC, 2010 WL 4926704 (D.N.J. Dec. 6, 2010) (harmonizing apparently conflicting FCRA preemption provisions and dismissing state law claims as preempted by the FCRA)
  • MidFirst Bank v. Biller, No. 13-10-13, 2010 WL 5060629 (Ohio App. 2010), affirming decision denying class certification where trial court would have had to consider oral agreements to pay counsel fees and the parol evidence rule did not bar such consideration
  • Cronin v. CitiFinancial, Inc., 352 Fed. Appx. 630 (3d. Cir. 2009), upholding the enforceability of an arbitration agreement and class action waiver in a consumer loan prior to Concepcion
  • Vega Soto v. Bank of Lancaster County, No. 08-1907, 2010 WL 1257666 (E.D. Pa. 2010), dismissing class action complaint because insufficient funds fees charged for debit card and ATM transactions do not constitute extensions of credit in violation of the Federal Truth in Lending Act or the National Bank Act
  • White v. Conestoga, 53 A.3d 720 (Pa. 2012), reversing superior court’s reversal of denial of motion for class certification because non-statutory claims were barred as a result of the borrowers’ failure to first pursue the available administrative remedy
  • Poray v. Altimate Discount Mortgage, No. OCN-L-1443-06 (N.J. Super. Law Div.), granting summary judgment on multimillion-dollar claim due to plaintiff's participation in mortgage fraud because plaintiff cannot benefit from his own misconduct 

Pro Bono Experience 

Mr. McKenna is the president of the Wills for Heroes Foundation, a national nonprofit that provides estate-planning documents for veterans, first responders and emergency personnel. Ballard Spahr has joined him in this effort by naming Wills for Heroes as the firm's public service project.

Mr. McKenna was honored with the American Inns of Court's 2013 Sandra Day O'Connor Award for Professional Service for his work with Wills for Heroes.

Judicial Internships

Hon. Joseph E. Irenas, U.S. District Court for the District of New Jersey, 2003-2004

    Professional Activities

    American Bar Association, Consumer Financial Services Young Lawyers Subcommittee,Chair

    Temple American Inn of Court, Membership Chair

    American Bar Association Young Lawyers Division, former Executive Committee member

    Pennsylvania Bar Association Young Lawyers Division, former Executive Committee member

    Philadelphia Bar Association Young Lawyers Division, former Executive Committee member, Mentorship Co-Chair, and American Bar Association Liaison

    Ballard Spahr Hiring Committee, 2010-present

    Ballard Spahr Diversity Committee, 2006-2010

    Ballard Spahr Associates' Committee, Chair, 2006-2008

    Recognition & Accomplishments

    The Pennsylvania Bar Association’s Verdina Showell Pro-Bono Award, 2015

    The Legal Intelligencer's 2014 Lawyers on the Fast Track

    2013 Sandra Day O’Connor Award for Professional Service by the American Inns of Court

    Pennsylvania Super Lawyer, 2013-2014

    Pennsylvania Super Lawyers Rising Star, 2011-2012

    American Inns of Court Special Projects Award, 2012

    American Bar Association Star of the Year Award, 2010, 2011

    American Lawyer Media Unsung Heroes Award, 2010

    Pennsylvania Bar Association Special Achievement Award, 2010

    Ballard Spahr Allen Davis Pro Bono Award, 2009

    Pennsylvania Bar Association Michael K. Smith Pro Bono Award, 2008

    United States Park Police Award of Recognition, 2008

    American Bar Association Star of the Year Award, 2007

    Publications & Speaking Engagements

    Co-author, "FCC Seeks Comments on Easing TCPA Requirements for Educational Organizations," Ballard Spahr alert, March 27, 2015

    Presenter, "The New Mortgage Servicing Rules – What You Need To Know NOW," Ballard Spahr webinar, March 9, 2015

    Co-author, "President Obama Proposes Consumer Privacy Bill of Rights," Ballard Spahr alert, March 6, 2015

    Co-author, "Anthem's Breach: How Employers Should Respond," Ballard Spahr alert, February 10, 2015

    Co-author, "Internet of Things: Federal Agencies Offer Privacy and Data Security Best Practices," Ballard Spahr alert, January 29, 2015

    Co-author, "NY Attorney General to Propose Bill to Strengthen Cybersecurity," Ballard Spahr alert, January 27, 2015

    Co-author, "President Obama's 2015 Priorities Include Cybersecurity," Ballard Spahr alert, January 22, 2015

    Presenter, "Mortgage Servicing Litigation," Ballard Spahr webinar, November 19, 2014

    Co-author, "Massive Hacking Operation Further Reveals Weakness of Passwords," Ballard Spahr alert, August 11, 2014

    Presenter, "Oil and Gas Exploration for Mortgage Bankers," Ballard Spahr webinar, April 22, 2014

    Presenter, "The CFPB's Fair Credit Reporting Act Bulletin: What the CFPB Expects from Furnishers," Ballard Spahr webinar, November 18, 2013

    Presenter, "Limiting Your Exposure to TILA Rescission Demands," Ballard Spahr webinar, August 13, 2013

    "The CFPB and Privilege – T Fight Isn’t Over," CFPB Monitor, January 11, 2013, Conference on Consumer Finance Law 2013 Quarterly Report

    Panelist, "The Explosion in Residential Mortgage Litigation: What Explains the Recent Trends and Spike in Filings?" Mortgage Daily and Ballard Spahr webinar, May 30, 2012

    Presenter, "The Nuts and Bolts of Arbitrating Consumer Disputes," Ballard Spahr webinar, February 7, 2012

    "Mortgage Program’s Success at Odds with Waive of Litigation," The Legal Intelligencer, February 2012

    Presenter, "Challenging Progress: County Recorder Lawsuits against MERS," Practising Law Institute, January 20, 2012

    "CFPB Early Warning Notice," CFPB Monitor, November 11, 2011

    "Rhetoric to Change," CFPB Monitor, November 8, 2011

    Presenter, "Foreclosure Litigation: Status of MERS Litigation, Robo-Signing and Loan Modification Class Actions," Bridgeport CLE, Phoenix, November 11, 2011

    Presenter, "The Business of You: Thriving at a Big Law Firm," ABA Law Firm Marketing Strategies Conference, Philadelphia, November 8, 2011

    "Litigation, Subprime Lending and the Financial Crisis," The Philadelphia Lawyer, Winter 2009

    Community Activities

    Coaches Ballard Spahr-sponsored Constitution High School mock trial team

    Board Memberships

    Wills for Heroes Foundation, President

    Clarifi, a nonprofit that assists consumers struggling with debt and provides financial literacy programs to help them gain control of their finances

    Temple Law Alumni Association, former Executive Committee member

    Variety: The Children's Charity, Young Variety Division, former Executive Committee member

    Temple University James E. Beasley School of Law (J.D. 2004, cum laude)
    Symposium Editor, The Political and Civil Rights Law Review; published major symposium, "Vision and Revision: The Fourteenth Amendment;" Member, National Trial Team (Regional Champion, 2004); President, Student Bar Association

    The Catholic University of America (B.A. 1999, cum laude)

    New Jersey

    Pennsylvania

    U.S. District Court for the District of New Jersey

    U.S. District Court for the Eastern District of Pennsylvania

    U.S. District Court for the Middle District of Pennsylvania

    U.S. District Court for the Western District of Pennsylvania

    U.S. Court of Appeals for the Third Circuit

    U.S. Bankruptcy Court for the District of New Jersey

    U.S. Bankruptcy Court for the Eastern District of Pennsylvania