Practice Areas

  • Employment Law

  • Class and Collective Action Litigation

  • Complex Commercial Litigation

  • Data Privacy and Cybersecurity



Education

Vanderbilt University

  • J.D. 2017

  • VLS Scholastic Excellence Award

  • Sen. Avon N. Williams Jr. and Hon. Robert Lillard Law School Scholarship Recipient

  • Chancellor’s Scholar

  • Phi Delta Phi

Vanderbilt University

  • B.A. African American and Diaspora Studies, 2014

  • Dean’s List

  • Mortar Board Honor Society

  • National Achievement Scholar


Bar Admissions

  • State Bar of Alabama

Court Admissions

  • U.S. District Courts for the Middle, Northern, and Southern Districts of Alabama

Niya T. McCray

Niya McCray has successfully provided counsel to clients across a variety of practice areas, including labor and employment, data privacy and cybersecurity, and complex business litigation.  Niya has represented technology companies, government contractors, and a variety of other employers and businesses throughout the United States. Niya has extensive experience advising businesses on best practices and compliance standards for international, federal and state data privacy issues such as GDPR, NIST/DFARS, biometric privacy, and state data breach notification statutes. Niya has also represented corporate employers against claims of harassment, retaliation, discrimination, and defamation brought by former employees.

Niya is a Certified Information Privacy Professional in US Privacy Law, as approved by the International Association of Privacy Professionals.

Niya received her J.D. from Vanderbilt University Law School.  During her time at Vanderbilt, she assisted veterans with their legal needs in the school’s Medical-Legal Partnership Clinic. Niya received the VLS Scholastic Excellence Award for her performance in Information Privacy and was inducted into the Phi Delta Phi Legal Honor Society.  She also was a Chancellor’s Scholar and the first three-time recipient of the Senator Avon N. Williams Jr. and Hon. Robert Lillard Law School Scholarship.  Prior to law school, Niya received her bachelor’s degree in African American and Diaspora Studies from Vanderbilt University.

Labor & Employment

  • Represented an automotive care company in a defamation action brought by a former employee terminated for customer theft.
  • Represented a national bank in an action by a former employee alleging discrimination under Title VII and the Pregnancy Discrimination Act.
  • Provided counsel to several clients on recent National Labor Relations Board opinions and applicability of rulings to client operations.

Data Privacy & Cybersecurity

  • Advised an international non-profit organization on the privacy risks and compliance pitfalls associated with the implementation of GDPR.
  • Counseled a technology startup with respect to privacy and data protection issues for its web-based platform, including compliance with GDPR.
  • Advised a healthcare client in connection with the application of GDPR to the client’s operations.
  • Provided advice to phone application company in connection with EU data protection compliance issues and the implementation of consent-based indicators into its platform.
  • Counseled gaming developer with respect to revisions in its privacy policy and user-accepted terms and conditions to ensure GDPR compliance.
  • Managed an ongoing data breach for a national non-profit organization to ensure compliance with multi-state and applicable federal regulations.
  • Advised a state agency on applicability of state data breach requirements and reasonable security measurements to a subcontracting deal.
  • Served on editorial advisory board for Law360’s Data Privacy and Cybersecurity Board.
  • Assessed client’s data breach event and concluded that client was not required, under each state’s data notification statutes, to provide notice to commercial entities.
  • Provided in-house informational counseling to clients regarding the implementation and application of new data breach notification law.
  • Advised defense contractors on Department of Defense NIST/DFARS service provider and subcontractor cybersecurity requirements.
  • Provided guidance to client on roll-out of biometric technology into updated platform and compliance with EU and member state privacy directives.

Complex Business Litigation

  • Counseled a large gaming client resulting in the favorable resolution of a multiparty dispute involving up to $350 million in potential recuperative costs.

Financial Services

  • Reviewed multi-million-dollar loan purchase agreement to determine potential risks and trailing liabilities for financial services client.
  • Niya McCray Quoted in BiometricUpdate.com on Developing Biometric Privacy Legislation, May 23, 2018
  • Niya McCray Quoted in Cook County Record on Shift in How Data Is Viewed, May 18, 2018
  • Niya McCray Selected for Law360’s Cybersecurity & Privacy Editorial Advisory Board, March 23, 2018
  • ANSI Certified Information Privacy Professional (CIPP/US)
  • American Bar Association
  • ANSI Certified Information Privacy Professional (CIPP/US)
  • Defense Research Institute – Cybersecurity and Data Privacy Committee, 2017-2018
  • International Association of Privacy Professionals (IAPP)
  • Law360 Editorial Advisory Board, Cybersecurity & Privacy, 2018
  • TechBirmingham
  • Putting a Finger on the Problem: U.S. Biometric Privacy Law, Nova Southeastern University Law School-Symposium Progression 2018, October 5, 2018
  • Three Ways that Counsel Can Assist Defense Contractors Achieve Proactive Compliance with the Department of Defense’s Newly Effective Cybersecurity Requirements, Data and Security Dispatch, Volume 4, Issue 1, June 19, 2018
  • Biometric Privacy: It’s Time to Face the Litigation, DRI Raising the Bar, Volume 15, Issue 6, June 15, 2018
  • Sensitive to the Touch: The Evolution of U.S. Biometric Privacy Law, DRI’s For the Defense Magazine, May 2018
  • How to Make It Rain… Eventually, DRI’s For the Defense Magazine, “Raising the Bar” column, February 2018
  • Putting a Finger on the Problem: An Update on U.S. Biometric Privacy Law, Alabama Cyber Now Conference, April 12, 2018
  • What’s Race, Gender, or Sexual Orientation Got to Do with It? The Link Between Diverse Policyholders and Allegations of Insurance Coverage Discrimination, DRI’s For the Defense Magazine, August 2018