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As society and business become even more digitalized, technology and intellectual property (IP) have become key focal points for businesses. Our Technology Antitrust Group combines the cross-practice and cross-office experience of our lawyers to assist clients in successfully navigating the dynamic convergence of technology, antitrust, and IP law. We understand the challenges presented by the ever-changing digital landscape and are committed to providing our clients with tailored solutions to address their specific needs.
Experience 28 results
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.
Experience
|March 18, 2025
Winston Blunts Earnout Payment
Following a bench trial in Fall 2024, a New York trial court ruled in March 2025 that Cresco Labs, Inc. was not required to pay a US$45M earnout under a merger agreement. The court found that Cresco did not receive “commercially reasonable access” to New York’s adult-use cannabis market, which was supposed to be subject only to a non-competitive application or approval process. Adopting Cresco’s arguments, the court determined that only the Office of Cannabis Management and Cannabis Control Board could decide when and how applicants access the adult-use market. The court agreed that regulators required Cresco to pay a significant one-time fee, prioritized other applicants, and had broad discretion over approvals. This win supports claims that New York’s adult-use program lacks details and clear entry paths, frustrating industry leaders’ efforts to develop a robust adult-use market.
Experience
|January 31, 2025
Winston 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. Following additional post-trial briefing and oral argument, the court, on January 31, 2025, found in favor of Winston’s clients in all respects. The January 31, 2025, defense judgment marked the third favorable trial outcome obtained by Winston for Alphatec in a series of lawsuits filed by NuVasive—seeking, collectively, damages totaling nearly US$200M—dating back to October 2017.
Insights & News 1,580 results
Seminar/CLE
|September 18, 2025
Winston Hosts New York Financial Services Symposium
Winston’s Financial Services Industry Group is pleased to host our inaugural Financial Services Symposium in our New York office on Thursday, September 18, 2025. This event will include a half-day of programming led by top industry thought leaders. Below you will find details about each panel.
In the Media
|August 21, 2025
|2 Min Read
Aparna Sehgal Discusses European CRE Recovery with Structured Credit Investor
Winston & Strawn partner Aparna Sehgal spoke with Structured Credit Investor to discuss the findings of the Bayes Business School’s latest European Commercial Real Estate Lending report and the legal issues and trends underpinning them. In addition to valuable data on deal volumes and covenant and pricing terms, the report on European real estate debt markets offers insight into how underlying funding structures and bank participation through the repo/loan-on-loan market are shaping the recovery of different real estate markets at a national and sector level. According to the report, U.K. property values and deal activity have rebounded faster, while European markets remain challenged by a mix of stalled development sales, rising capital costs, and stricter environmental upgrade requirements hold back volumes.
In the Media
|August 20, 2025
|1 Min Read
Nicholas Usher Discusses U.S. Alternatives Managers’ Interest in European Investments with FundFire
Winston & Strawn London Office Managing Partner Nicholas Usher was quoted in a FundFire article discussing European investments, the challenges that might arise from firms branching out from the U.S. to Europe, and how investing in Europe is different than investing in the U.S. United States-based alternatives managers are looking at dealmaking in Europe as a viable investment, due in part to optimism around a relatively steadier capital-raising environment in Europe and what appears to be greater deal activity in key sectors, including the European defense industry, but these opportunities require a high level of commitment from U.S. fund managers to ensure their European investments succeed.
Other Results 47 results
Site Content
What Is the Federal Trade Commission (FTC)?
The Federal Trade Commission (FTC) is a government agency established in 1914 to prevent anticompetitive, deceptive, or unfair business practices. The FTC is defined as having a dual mission of: (1) protecting consumers; and (2) promoting competition. Agency expertise and resources are available to federal and state legislatures, as well as other U.S. government agencies. The FTC enforces consumer protection and antitrust laws, and also works to advance consumers’ interests and provide educational programs.
Location
Winston & Strawn’s Brussels office further establishes our preeminent EU antitrust/competition practice at the epicenter of European competition law. The office is located on the famous Rue de la Loi or Wetstraat, which connects the Belgium Federal Parliament with the European Commission headquarters—the Berlaymont—and the Justus Lipsius, home to the Council of the European Union.