Site Search
Professionals 165 results
Capabilities 59 results
Practice Area
As a firm of choice for many major businesses, we represent employers, fiduciaries, boards of directors, benefit plans, and plan administrators in all aspects of ERISA litigation, including claims relating to fiduciary liability, plan investments, excessive fees, plan qualification, plan termination, reversion of excess assets, retiree medical benefits, severance and employment contract matters, tax liability matters, and retirement and welfare benefit claims.
Practice Area
Our Labor & Employment Practice is one of the largest and most experienced practices among the country’s multi-disciplined law firms. Our attorneys represent global employers of all types and sizes—ranging from the Fortune 100 to privately held startups—often serving as national, regional, or preferred counsel to many of these major employers.
Practice Area
Executive Compensation Plans & Agreements
Our Employee Benefits and Executive Compensation (EBEC) attorneys generally focus on two separate but related areas—employee benefits and executive compensation. We advise corporations, boards of directors, private equity firms, and executives on all legal, design, drafting, negotiation, and compliance aspects of executive compensation matters. We advise corporations, firms, fiduciaries, executives, administrators, governmental entities, and financial institutions on innovative and traditional employee retirement and health and welfare benefits programs. Our substantial experience and over 50 years of involvement in the EBEC field have given us a deep understanding of the evolution of benefits law and the market for executive compensation.
Experience 32 results
Experience
|June 25, 2025
Winston Secures Federal Circuit Affirmance of 101 Victory for Polycom
Winston secured an appellate victory for Polycom (now part of HP) when the Federal Circuit affirmed a judgment on the pleadings of patent-ineligibility in a lawsuit brought by directPacket Research, Inc. Working closely with HP, Winston argued that all claims of the asserted patent were directed to the abstract idea of translation via an intermediate protocol, with no inventive concept. The Northern District of California agreed, and the Federal Circuit unanimously affirmed, adopting Winston’s arguments. Eimeric Reig argued the appeal, working with HP and the Winston team, including Kathi Vidal, Kelly Hunsaker, Sam Lerner, Matt McCullough, and David Dalke.
Experience
|June 8, 2025
Secured, with co-counsel, final approval of an historic settlement of over US$2.75B in back-damages for current and former college-athletes and a new revenue-sharing model allowing schools to share future earnings with athletes. This decade-long effort across four different lawsuits redefines the economics of college sports, affirming athlete rights and fair compensation. Following a 9-0 Supreme Court victory in Alston v. NCAA, the team filed three antitrust class actions, resulting in a groundbreaking settlement that creates a revenue-sharing system projected to generate at least US$20B in new, previously prohibited payments and benefits to Division I college athletes over the next decade. The settlement was recognized in Am Law‘s Litigator of the Week column.
Experience
|April 30, 2025
Rapid Ruling: Fifth Circuit Affirms Winston Win on Summary Judgment the Day After Oral Argument
Winston recently secured a total victory for our clients, KVP Energy Services, LLC and other affiliated defendants, at the U.S. Court of Appeals for the Fifth Circuit. Plaintiff BHI Energy I Power Services LLC filed suit in the U.S. Northern District of Texas in September 2022, alleging US$150M in damages in connection with causes of action for misappropriation of trade secrets, unfair competition, and various other business torts and statutory violations. Winston scored an important early win in January 2023 by defeating BHI Energy’s motion for preliminary injunction. After a year of extensive discovery, Winston moved for full summary judgment on behalf of all defendants. In a strongly worded opinion, the district court granted Winston’s summary judgment motion and dismissed the entirety of BHI’s lawsuit.
Insights & News 817 results
Pro Bono In Action
|November 12, 2025
|2 Min Read
Winston Wins $112 Million Verdict for Immigrants Unlawfully Held by Suffolk County Sheriff’s Office
Following eight years of hard-fought litigation, including a 5-day trial, a jury awarded $112 million in damages to a certified class of 670+ immigrants who were unlawfully detained by the Suffolk County Sheriff’s Office (the County) based solely on detainers issued by ICE without showing probable cause.
Competition Corner
|November 11, 2025
|6 Min Read
Google’s $2.3 Million Mistake: How a Bench-Trial Play Became a Preclusion Problem
While Google’s strategy eliminated the short-term risk of a potentially volatile jury, it exposed the company to a devastating, long-term issue preclusion risk. This article explains why Google’s bench-trial gamble backfired, and what antitrust defendants can learn from it.
Winston’s AI Top 10
|October 2025
|5 Min Read
Winston’s AI Monthly Recap - October 2025
Winston’s AI Top 10 summarizes the latest AI developments in the legal industry.
Other Results 30 results
Law Glossary
The Food and Drug Administration (FDA) regulates how containers are filled in order to prevent the sale of partially filled containers that mislead consumers on the amount of food or supplements in a package. The FDA defines nonfunctional slack fill as the difference between the capacity of a container and the volume of product inside. Slack fill lawsuits have been filed against food and beverage makers who left empty space in a container for reasons other than functional ones, such as protecting contents or complying with shipping requirements.
Site Content
The Illinois Biometric Invasion of Privacy Act (BIPA), enacted in 2008, grants Illinois consumers the right to their own biometric data, such as fingerprints, retina or iris information, voiceprints, and DNA. Under the BIPA, private companies are prohibited from collecting biometric information unless (1) the person consents in writing and (2) the companies inform the person in writing of what data is being collected, for what purpose, and for how long. Besides the notice and consent requirement, the law also bans any company from selling or otherwise profiting from consumers’ biometrics.
Site Content
Enacted in 2018, the California Consumer Privacy Act (CCPA) is a broad state law that provides California residents with