Devin J. Chwastyk, CIPP/US/E

EXPERIENCE/REPRESENTATIVE CASES

Some of Mr. Chwastyk’s notable reported cases include:

• Data Security: Represented financial institutions in one of the largest data breach events in history and obtained one of the first appellate court decisions recognizing the right to recover damages resulting from a credit card data security breach.  Pa. State Employees Credit Union v. BJ’s Wholesale Club, 533 F.3d 162 (3d Cir. 2008).
• Municipal Litigation: Opposed the City of Harrisburg’s Chapter 9 municipal bankruptcy filing on behalf of its largest municipal creditor; obtained dismissal of the City’s bankruptcy petition and summary disposition of the City’s appeal to the Third Circuit.  In re City of Harrisburg, 462 B.R. 510, 2011 Bankr. LEXIS 4920, 2011 WL 6180034 (Bankr. M.D. Pa. 2011).
• Constitutional Litigation: Filed briefs on behalf of county, as amicus curiae, in successful opposition to constitutional challenges to Pennsylvania’s Financially Distressed Municipalities Act (“Act 47”), which imposed state receivership on the City of Harrisburg.  Williams v. Corbett, 916 F.Supp.2d 593 (M.D.Pa. 2013); Harris v. Corbett, 2012 U.S. Dist. LEXIS 61354 (M.D.Pa. 2012).
• Constitutional Litigation: Represented Pennsylvania’s legislative leadership, as amicus curiae, in defense of challenges to the constitutionality of Pennsylvania’s Act 13 legislation regarding Marcellus Shale development.  Robinson Twp. v. Commonwealth of Pa., 83 A.3d 901 (Pa. 2013).
• Constitutional Litigation: On behalf of the Pennsylvania Senate President Pro Tempore, secured dismissal of constitutional challenges to legislation authorizing taking of property for municipal purposes.  Pilchesky v. Rendell, et al., 2011 WL 10844349 (Pa. Commw. 2011).
• Public Interest Litigation: Obtained appellate ruling recognizing rights of a domestic partner to jointly-held property of his decedent partner over objections of the decedent’s family, as administrators of the estate.  In re: Estate of DeVoe, 74 A.3d 264 (Pa. Super. 2013).
• Class Actions: Represented a county prison in the defense of a class action filed on behalf of pretrial detainees alleging the prison’s strip search practices violated the Fourth Amendment.  Reynolds, et al. v. County of Dauphin, 2007 WL 4772731 (M.D. Pa. 2007).
• Civil Rights Litigation: Successfully defended Hershey Entertainment & Resorts Company in trial court and on appeal from First Amendment and other civil rights claims by protesters alleging a conspiracy by the company and a municipality to suppress protests in the municipality.  Cvetko v. Derry Township Police Dep’t, 2009 U.S. Dist. LEXIS 70576 (M.D. Pa. 2009).
• Civil Rights Litigation: Successfully defended civil rights claims brought by a subcontractor against contractor and university regarding bidding and practices on facility construction project.  Gross v. Harrisburg University, et al., 487 Fed. Appx. 711 (3d Cir. 2012).
• Intellectual Property Litigation: Represented the licensor of patents for dental products in obtaining arbitration of claims by the licensee for unpaid royalties.  D.W. Industries v. Dentsply Int’l, 171 Fed. Appx. 92 (9th Cir. 2006).
• Contract Disputes: Represented a major electronics manufacturer in multi-million dollar breach of contract action regarding purchases of components.  Tyco Elecs. Corp. v. Milwaukee Elec. Tool Corp., 2012 U.S. Dist. LEXIS 50816 (M.D.Pa. 2012).
• Intellectual Property Litigation: Represented a regional entertainment company in a preliminary injunction action to enforce its trademark to the term “Harvest” for use in restaurants and food services.  Hershey Entertainment & Resorts Company v. David Magrogan Group, LLC, 2014 WL 4720437 (M.D.Pa. 2014).
• Contract Disputes: Successfully represented a university in district court and on appeal in defense of breach of contract claims brought by a student expelled from a graduate program.  Kimberg v. University of Scranton, 411 Fed. Appx. 473 (3d Cir. 2010).
• Intellectual Property Litigation: Represented a pharmaceutical company in the defense of trademark claims.  Ameritox, Ltd. v. Medytox Labs, LLC, 2013 U.S. Dist. LEXIS 86729 (M.D.Pa. 2013).
• Contract Disputes: Obtained summary judgment and appellate decision in favor of an insurance company against claims by agents for commission payments.  Ryncavage v. Am. Family Life Ins. Co., 293 Fed. Appx. 122 (3d Cir. 2008).
• Defamation Litigation: Defended doctors and hospital employees in a defamation action brought by the hospital’s former CEO.
• Collections Litigation: Secured appellate affirmation of judgment for an equipment manufacturer entitled to insurance proceeds on its collateral in the bankruptcy proceedings of the borrower.  Selective Way Ins. Co. v. John Deere Const. & Forestry Co., 2009 WL 3400983 (M.D.Pa. 2009).
• Contract Disputes: Obtained appellate decision affirming dismissal of civil conspiracy claims against an insurance company arising out of the denial of worker’s compensation claims.  Waters v. Comp Services, Inc., 898 A.2d 697 (Pa.Cmwlth. 2006).
• Civil Rights Litigation: Successfully defended national automobile lender in defense of Truth-In-Lending Act claims by borrower.  Kuenzi v. Capitol One Auto Finance, 2009 WL 1872599 (E.D.Pa. 2009).