Daniel McKenna
Daniel McKenna

Daniel JT McKenna

Partner

mckennad@ballardspahr.com
Tel 215.864.8321
Fax 215.864.8999
Philadelphia

Daniel JT McKenna devotes his practice to counseling financial services institutions on regulatory compliance, fair lending compliance, and litigation compliance issues and defending them in individual and class actions brought by consumers and government agencies. Mr. McKenna’s diverse practice focuses on mortgage-related litigation, credit card-related litigation, debt-collection litigation, auto loan-related litigation, servicing-related litigation, arbitration, and class action defense. His clients include banks and nonbank lenders, mortgage banking lenders and servicers, third-party service providers, auto lenders, and repossession companies.

Mr. McKenna regularly represents clients in a variety of 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 UDAAP statutes. Mr. McKenna has trial experience in both federal and state courts. He also has enforced arbitration agreements in both state and federal court and has defended clients in arbitration.

Pro Bono Experience 

As Public Service Coordinator for the Young Lawyers Division of the American Bar Association, Mr. McKenna is tasked with implementing the nationwide Wills for Heroes program, through which volunteer lawyers and legal professionals provide estate-planning documents for 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

Representative Matters

  • 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
  • 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 

Professional Activities

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

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

Temple American Inn of Court, Inn Administrator

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 Associates' Committee, member, 2006-present; Chair, 2006-2008

Ballard Spahr Diversity Committee, 2006-present

Ballard Spahr Hiring Committee, 2010-present

Recognition & Accomplishments

The Legal Intelligencer's 2014 Lawyers on the Fast Track

Pennsylvania Super Lawyer, 2013

Pennsylvania Super Lawyers Rising Star, 2011-2012

American Inns of Court Special Projects Award, 2012

American Bar Association Star of the Year Award, 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, "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

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. 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