Cathleen M. Devlin

Cathleen M. Devlin
Experience

Business Litigation

  • A national online, on-demand retail and delivery service for household products, food and beverages, and other everyday needs, defending a putative wage and hour class action filed by delivery drivers. 
  • A North American funeral home and cemetery operator's defense of a proposed class action in federal court alleging mishandling of burials at multiple cemeteries. 
  • An online retailer's defense of a class action alleging violations of New Jersey's Truth-In-Consumer Contract, Warranty and Notice Act (TCCWNA) based on the terms of the user agreement on the client's website. 
  • A prominent gaming and entertainment client's breach of contract and defamation case in New Jersey federal court arising from an agreement to develop and implement an online gaming and gambling system for a casino. 
  • A Fortune 500 waste industry client and two former corporate officers' six-month bench trial in New Jersey state court, defending against claims of fraud and breach of contract arising from the formation, operation and dissolution of a joint venture. 
  • The same waste industry client's defense of a complex employee stock option contract dispute, including a bench trial and an appellate argument in Pittsburgh state court. 
  • A food and agribusiness client's intellectual property dispute relating to an innovative manufacturing technology. 
  • A prison commissary supplier's multiple federal court civil rights lawsuits brought by inmates concerning product quality and pricing. 
  • A regional public accounting and advisory firm's responses to subpoenas issued for court appearances, depositions and production of tax and accounting records throughout Pennsylvania. 

Environmental Litigation

  • A Fortune 500 waste management client's defense of proposed class actions in Pennsylvania state court alleging odors arising from landfill construction, operation and maintenance. 
  • An international specialty metals and chemicals manufacturer's defense of a CERCLA and HSCA cost recovery and contribution action initiated by PADEP, seeking to fund cleanup of industrial solvents in groundwater alleged to have discharged from operations of a former facility in suburban Philadelphia. 
  • A manufacturer of specialty silicone products in defending litigation initiated by the Illinois EPA arising from a major plant explosion, and negotiating a resolution addressing the alleged short-term and long-term environmental impacts of the incident. 
  • A paper broker’s pursuit of CERCLA and Illinois common law claims against a neighboring train maintenance facility for the costs of cleanup of leaks, spills and releases of hazardous substances contaminating the client’s property. 
  • A leading manufacturer of electronic components navigating its response to claims filed in Canada alleging PCB contamination arising from the operations of a former subsidiary. 
  • An international flooring manufacturer's pursuit of a RCRA citizens' suit against the current owner of a former manufacturing facility site based on the current owner's failure to comply with RCRA permit obligations. 
  • A mining and minerals industry client's successful pursuit of CERCLA contribution claims for the costs of cleanup of lead, arsenic and cadmium in soil on residential properties alleged to have been caused by historical zinc smelting operations in Oklahoma, currently on appeal to the Tenth Circuit. 
  • A landfill operator client facing a proposed class action initiated by area residents in New Jersey alleging negligence and public and private nuisance claims arising from alleged landfill odors. 
  • An international industrial manufacturing client defending against CERCLA contribution claims for the costs of remediating soil and groundwater contamination alleged to arise from the historical operation of a steel fabrication facility in western Pennsylvania. 
  • An energy industry client defending against CERCLA cost recovery and contribution claims stemming from the cleanup of coal tar contamination at multiple former manufactured gas plant sites, including a two-week bench trial in federal court in New York. 
  • A Fortune 500 waste industry client negotiating with federal and state agencies and PRP groups to address the costs of remediating closed municipal landfill sites in Pennsylvania, New Jersey, New York and Delaware. 

Government Investigations and Audits

  • Two major public university systems undertaking internal investigations and audits concerning alleged non-compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and the anti-harassment provisions of Title IX. 
  • A bankruptcy court-appointed independent examiner investigating creditors' allegations of wrongdoing in the $3.6 billion leveraged buyout of the Tribune Company. 
  • An SEC-appointed independent examiner investigating Time Warner/AOL's historical accounting for online advertising revenues, which led to a revenue restatement of over $500 million by the company.