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  1. Capabilities

Commercial Litigation & Disputes

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  • Overview
  • Experience
  • Related Insights & News
  • Key Contacts

    Samantha LernerThomas B. Walsh
    View Our Full Team

    Resources

    Class Action Insider

    Winston represents clients in virtually every type of dispute that could arise from operating a business. While our primary objective is to protect our clients from the need to engage in litigation and enter the courtroom, we take pride in our heavyweight litigation experience and the knowledge that corporate America has repeatedly retained us not just for “bet-the-company” trials, but for “bet-the-industry” cases as well. Our commercial litigators’ track record of success earned the team a national Tier 1 ranking in Best Law Firms® 2025. Our practice is anchored by seasoned litigators, many of whom have been recognized by in-house counsel and their peers as top practitioners in their fields.

    Our paramount goal is to meet our clients’ legal and business objectives. As a litigation powerhouse, we offer deep bench strength and experience to handle complex disputes—through both litigation and arbitration or trial and on to appeal—across the full range of legal issues. We have a proven ability to coordinate many matters simultaneously in the United States and beyond. We offer state-of-the-art technology solutions for cost-effective litigation management, including in-house eDiscovery tools and services for early case assessment and data collection, processing, hosting, and review.

    At the core of our complex commercial litigation practice, we represent clients in negotiating, interpreting, terminating, and—when necessary—litigating and arbitrating contracts involving competitors, distributors, customers, vendors, and myriad other parties and counterparties. We defend and prosecute contractual claims and related tort, fraud, and statutory actions arising from all types of business agreements—such as purchasing and licensing deals, loan and insurance contracts, and trade secret and non-compete accords. We have deep experience litigating matters involving claims of breach of non-compete and non-disclosure agreements that often involve related trade-secret claims.

    Our experience with business-to-business litigation also includes business torts, such as tortious interference with contract or prospective business relations; unfair competition; restraint of trade; misrepresentation/fraud; commercial disparagement and trade libel; and breach of fiduciary duty (in some instances), among other claims. We have particularly notable experience litigating widely reported defamation actions—for both plaintiffs and defendants—involving very substantial alleged damages exposure.

    Key Contacts

    Samantha LernerThomas B. Walsh
    View Our Full Team

    Related Capabilities

    Advertising Litigation
    Antitrust/Competition
    Class Actions & Group Litigation
    eDiscovery & Information Governance
    Environmental Litigation & Enforcement
    Financial Services Litigation
    Intellectual Property
    Labor & Employment
    Litigation/Trials
    Privacy & Data Security
    Product Liability & Mass Torts
    Financial Restructuring
    Securities, M&A & Corporate Governance Litigation
    Trade Secrets, Non Competes & Restrictive Covenants
    Energy
    Infrastructure

    Recent Experience

    Winston Secures Complete Defense Judgment for Alphatec in Prolonged Litigation Battle
    Agreement Between 119 Institutional Investors and the Company Vivendi SE
    NuVasive's Claims Dismissed: Alphatec Spine Wins Jury Verdict
    Winston Defeats Halliburton Patent-Infringement Lawsuit Over Electric Fracking Technology at Trial in Waco
    Secured Pivotal Summary Judgment Win for Pioneer Natural Resources in Force Majeure Case
    Secured Settlement for Fox on Brink of Trial in High-Profile Defamation Litigation Brought by US Dominion Voting Systems
    Secured Nearly US$105M Trial Victory Against Ford Motor Co.
    Winston Resolves Class Action Involving Automotive Navigation Software Advertising Claims
    First-of-its-Kind Slack-Fill Class Action Dismissed, Affirmed on Appeal
    Secured Landmark Victory for BPI Against ABC News in Massive Defamation Case

    Resources

    Class Action Insider

    Notable

    Ranked for General Commercial Litigation in D.C., Florida, Illinois, New York, North Carolina, and Texas

    Chambers USA 2025

    Seven Partners Named “Top 100 Trial Lawyers” 

    Benchmark Litigation US 2025

    National Tier 1 Ranking in Commercial Litigation

    Best Law Firms® 2025
    Chambers USA 2025

    Ranked for General Commercial Litigation in D.C., Florida, Illinois, New York, North Carolina, and Texas

    Benchmark Litigation US 2025

    Seven Partners Named “Top 100 Trial Lawyers” 

    Best Law Firms® 2025

    National Tier 1 Ranking in Commercial Litigation

    Alternative Dispute Resolution

    Our litigators routinely engage in a wide variety of alternative dispute resolution (ADR) proceedings, including mediation, arbitration, conciliation, neutral evaluation, and summary jury trial. In these proceedings, we not only rely upon our courtroom experience to spot outcome-determinative legal issues at a dispute’s earliest stage, we also utilize our years of experience in extrajudicial forums to navigate the unique rules and procedures inherent to using ADR successfully.

    Alternative Dispute Resolution

    Our litigators routinely engage in a wide variety of alternative dispute resolution (ADR) proceedings, including mediation, arbitration, conciliation, neutral evaluation, and summary jury trial. In these proceedings, we not only rely upon our courtroom experience to spot outcome-determinative legal issues at a dispute’s earliest stage, we also utilize our years of experience in extrajudicial forums to navigate the unique rules and procedures inherent to using ADR successfully.

    Client SuccessWinston Secures Complete Defense Judgment for Alphatec in Prolonged Litigation Battle
    In a long-running, bitter dispute between fierce competitors, Winston obtained a complete defense judgment on January 31, 2025, for its client Alphatec Holdings, along with its Chairman and CEO Pat Miles, following a week-long bench trial in the Delaware Chancery Court in early October 2023 over allegations of breach of fiduciary duty and violation of alleged non-competition covenants.
    Learn More
    Client SuccessWinston Secures Complete Defense Judgment for Alphatec in Prolonged Litigation Battle
    In a long-running, bitter dispute between fierce competitors, Winston obtained a complete defense judgment on January 31, 2025, for its client Alphatec Holdings, along with its Chairman and CEO Pat Miles, following a week-long bench trial in the Delaware Chancery Court in early October 2023 over allegations of breach of fiduciary duty and violation of alleged non-competition covenants.
    Learn More

    Related Insights & News

    View All Insights & News
    Recognitions
    Winston Lawyers Named as 2025 Law360 MVPs

    November 12, 2025

    Recognitions
    Winston Merits 99 Tier 1 Rankings in the 2026 Edition of Best Law Firms®

    November 6, 2025

    Recognitions

    Winston & Strawn Recognized in 2026 Benchmark Litigation

    October 30, 2025

    Recognitions

    Winston & Strawn Recognized in The Legal 500 UK 2026

    October 27, 2025

    Sponsorship
    Winston & Strawn Sponsors the 2025 Eastern District of Texas Bench Bar Conference

    October 22, 2025

    Recognitions
    Winston Recognized in the BTI Litigation Outlook 2026

    October 16, 2025

    Blog
    Are Your Electronic Agreements Enforceable?

    September 30, 2025

    Blog
    Direct Seller Defeats Class Certification in Misclassification Case

    September 23, 2025

    Seminar/CLE
    Winston Hosts New York Financial Services Symposium 2025

    September 18, 2025

    Blog
    The FTC Trades Blanket Non-Compete Bans for Case-by-Case Enforcement

    September 16, 2025

    Blog
    No More Click to Cancel Rule—But FTC Enforcement Actions Keep Coming

    September 9, 2025

    Recognitions
    Winston Attorneys Recognized in the 2025 American Lawyer Industry Awards

    August 19, 2025

    Recognitions
    Winston Lawyers Named as 2025 Law360 MVPs
    November 12, 2025
    Recognitions
    Winston Merits 99 Tier 1 Rankings in the 2026 Edition of Best Law Firms®
    November 6, 2025
    Recognitions

    Winston & Strawn Recognized in 2026 Benchmark Litigation

    October 30, 2025
    Recognitions

    Winston & Strawn Recognized in The Legal 500 UK 2026

    October 27, 2025
    Sponsorship
    Winston & Strawn Sponsors the 2025 Eastern District of Texas Bench Bar Conference
    October 22, 2025
    Recognitions
    Winston Recognized in the BTI Litigation Outlook 2026
    October 16, 2025
    Blog
    Are Your Electronic Agreements Enforceable?
    September 30, 2025
    Blog
    Direct Seller Defeats Class Certification in Misclassification Case
    September 23, 2025
    Seminar/CLE
    Winston Hosts New York Financial Services Symposium 2025
    September 18, 2025
    Blog
    The FTC Trades Blanket Non-Compete Bans for Case-by-Case Enforcement
    September 16, 2025
    Blog
    No More Click to Cancel Rule—But FTC Enforcement Actions Keep Coming
    September 9, 2025
    Recognitions
    Winston Attorneys Recognized in the 2025 American Lawyer Industry Awards
    August 19, 2025
    View All Insights & News
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