Profile

Devin’s practice is focused on complex commercial litigation, with an emphasis on class actions, privacy and data security issues, constitutional law, intellectual property litigation, breaches of contract, and appellate litigation.

Since 2010, Devin has been recognized annually as a Pennsylvania “Rising Star” by Super Lawyers, a Thomson Reuters rating service, based on peer recognition and professional achievement.  This honor is bestowed on no more than 2.5% of attorneys practicing in the Commonwealth.

Devin routinely represents parties in class action lawsuits before federal and state courts throughout Pennsylvania.

He counsels the firm’s clients in data breaches, including rectifying, investigating, and reporting hacking and other data exposure events, and has represented parties in leading data breach litigation nationwide.

He maintains an extensive practice in constitutional law, representing municipalities and other government entities, legislators, and media companies with regard to civil rights, First Amendment, and other state and federal constitutional claims.

Devin has long been a supporter of civil rights causes, and served for six years as the President of the Central Pennsylvania Chapter of the American Civil Liberties Union.  He remains a member of the board of that organization.  Before joining McNees, he worked in Washington, D.C. for a First Amendment advocacy organization and for a public interest law firm.

Active in the community, Devin is a member of the Board of Directors of the Dauphin County Bar Association, and serves as Vice-Chair of that organization’s Equal Professional Opportunity Committee.  He also serves on the Board of Directors of the Bridges Society of the United Way of the Capital Region.  Devin resides in the Midtown neighborhood of Harrisburg.

Devin is admitted to practice in the Commonwealth of Pennsylvania, before the U.S. Courts of Appeals for the Third and Ninth Circuits and in the U.S. District Courts for the Eastern and Middle Districts of Pennsylvania.

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).

EDUCATION

The Pennsylvania State University, B.A., 1999

Georgetown University Law Center, J.D., 2003, cum laude, Georgetown Journal of International Law

Certified Information Privacy Professional, CIPP/US, 2016

HONORS/AWARDS

Pennsylvania Rising Stars®, 2010-present

MEMBERSHIPS

Dauphin County Bar Association, Board of Directors

Dauphin County Bar Association, Equal Professional Opportunity Committee, Vice Chair

Dauphin County Bar Association, Volunteer Lawyers for the Arts, Chair

United Way of the Capital Region, Bridges Society – Board member, 2008-present.

American Civil Liberties Union, Central Pennsylvania Chapter – President, 2006-2013; Board member, 2004-present.

William W. Lipsitt American Inn of Court, Dauphin County, Pa., Barristoer

Wilkinson-Campbell Inn of Court, Centre County, Pa.

COURT ADMISSIONS

PA Supreme Court

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. District Court – Eastern District of Pennsylvania

U.S. District Court – Middle District of Pennsylvania

 

Bar Admissions

Pennsylvania

PUBLICATIONS

February 2, 2017 - Data Privacy Day brings reminder that businesses should require encryption on laptops and mobile devices

January 31, 2017 - Post-'Spokeo' Standing for Consumer Class Actions a Struggle
The Legal Intelligencer

December 13, 2016 - What to Know About Cyber Crime and Pennsylvania Law
Central Penn Business Journal

October 28, 2016 - October is National Cybersecurity Awareness Month!

October 20, 2016 - Vehicle Dealerships Must Take Steps To Avoid Data Breaches
Pennsylvania Automotive Association

October 5, 2016 - New York’s Proposed Cybersecurity Regulations Impose New Compliance Requirements on Financial Institutions and Insurance Companies

September 1, 2016 - Dropbox.com: Change Passwords Immediately
McNees Privacy & Data Security Alert

August 1, 2016 - If Your Company Receives EU Citizens’ Personal Data, Privacy Shield Self-Certification Is Now Open – And the Clock is Ticking on Compliance Grace Period

July 11, 2016 - Reasonable Accommodation in Cyberspace
Metropolitan Corporate Counsel

June 30, 2016 - A Wealth of Information: Data Security and Local Governments
Municipal Lawyer: The Journal of Local Government Law

April 12, 2016 - Cybersecurity Threats Pose Big Risks for Local Governments
The Legal Intellegencer

April 1, 2016 - Law firms among businesses testing the cybersecurity waters
Central Penn Business Journal

March 23, 2016 - Using app to secretly record conversation a violation of wiretapping law, state SC rules
PennRecord

February 9, 2016 - Courts Send Mixed Messages on Standing for Plaintiffs in Data Breach Litigation
Metropolitan Corporate Counsel

December 19, 2015 - McNees Insights - Estate Planning
In this issue: Year End Tax Planning l Safeguard Your Finances From Online Threats

September 19, 2015 - All Businesses Have to Protect Against Data Breaches
Times Leader

September 10, 2015 - Ashley Madison Breach Another Warning To Companies

August 27, 2015 - 3rd Circuit Says: FTC Can Take Action Against Companies That Suffer Data Security Breaches

June 4, 2015 - Even Small Businesses Need To Pay Attention To Data Security