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Practice Area
Our nationally recognized Appellate & Critical Motions (ACM) Practice delivers sophisticated legal advocacy and analysis before trial, at trial, and on appeal. From state trial courts to the U.S. Supreme Court, our ACM attorneys identify, preserve, and present the critical legal issues that can make the difference between winning and losing.
Practice Area
Trial skills matter—even in a world where few disputes ever see the inside of a courtroom. Winston has built a reputation as a trial lawyers’ firm, featuring seasoned litigators who leverage extensive courtroom experience to meet our clients’ business and legal objectives. Our long history of taking cases to trial—and winning—provides our clients with tremendous settlement leverage with their adversaries, as well as a substantial likelihood of a favorable resolution if, and when, they go to trial.
Practice Area
Tax Controversy & Criminal Tax
Our Tax Controversy attorneys advise and represent clients in every aspect of federal and state tax investigations, as well as the criminal tax enforcement process. This includes the Internal Revenue Service’s (IRS) multi-jurisdictional examinations and administrative appeals, U.S. Competent Authority representations, post appeals mediation, and trial court and appellate litigation in every federal court hearing a tax matter.
Experience 16 results
Experience
|March 4, 2026
End of the Line: Winston Wins Unanimous Supreme Court Victory Against NJ Transit
In a unanimous decision authored by Justice Sotomayor, the U.S. Supreme Court held that NJ Transit is not an arm of the State of New Jersey and therefore is not entitled to sovereign immunity. The ruling means that plaintiffs injured by NJ Transit outside of New Jersey—such as in Pennsylvania and New York—may pursue claims in the courts of the states where their injuries occurred. The court adopted Winston’s position that state-created corporations that are formally liable for their own judgments are not arms of the state, reversing the Pennsylvania Supreme Court’s dismissal of Cedric Galette’s negligence suit while affirming the New York Court of Appeals’ decision allowing Jeffrey Colt’s case to proceed.
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
|April 30, 2025
In December 2022, Winston convinced Judge Albright of the W.D. Tex. to reverse his tentative construction and invalidate four patents based on means-plus-function indefiniteness at claim construction in the district court. Winston also persuaded Judge Albright to deny Fintiv’s motion for reconsideration the next month. Fintiv appealed to the Federal Circuit, which affirmed the district court in a precedential opinion in April 2025. Winston overcame a significant amount of sleight of hand from Fintiv, which continually shifted the purported structure of the “payment handler” term through claim construction, its motion for reconsideration, and appellate briefs, muddying the record. Ultimately the opinion clearly distinguished the factual record from that in Dyfan v. Target, curbing patentees abilities to argue that all code or applications are a “class of structures” and not indefinite under 112(f). The Federal Circuit affirmed four of the five patents Winston invalidated for PayPal, effectively foreclosing Fintiv’s ability to revive these patents for assertion. Winston also invalidated the fifth patent at the PTAB; Fintiv’s appeal of that Final Written Decision is pending.
Insights & News 500 results
In the Media
|April 24, 2026
|1 Min Read
The American Lawyer Spotlights Winston’s Momentum with Six Partner Additions
Winston was featured in The American Lawyer following the firm’s addition of six lateral partners across Chicago, New York, Washington, D.C., and Dallas in April, further strengthening key practices including leveraged finance, investigations, intellectual property, and appellate litigation.
In the Media
|April 10, 2026
|2 Min Read
Ashley Chung Joins Winston in Chicago
Winston & Strawn recently announced that Ashley Chung has rejoined the firm’s Chicago office as a partner in the Litigation Department and a member of its Appellate & Critical Motions practice after serving as an Assistant U.S. Attorney. During her tenure at the U.S. Attorney’s Office for the Northern District of Illinois, Ashley prosecuted more than 50 cases, including public corruption, financial fraud, money laundering, child exploitation, and violent crime matters. She oversaw and determined strategy from the investigative stage through charging, pre-trial litigation, plea negotiations or trials, and sentencings. Prior to her public service, Ashley worked on complex commercial litigation, white-collar and regulatory-facing matters, and internal investigations.
Press Release
|April 6, 2026
|1 Min Read
Ashley Chung Rejoins Winston After Serving as Assistant U.S. Attorney and Deputy Chief of Appeals
Chicago – April 6, 2026 – Winston & Strawn LLP announced today the addition of Ashley Chung as a partner in the Chicago office. Ashley rejoins the firm’s Litigation Department as a member of its Appellate & Critical Motions practice after serving as an Assistant U.S. Attorney.
Other Results 13 results
Site Content
For more than 170 years, Winston & Strawn has served as a trusted adviser and advocate for clients across virtually every industry. Our law practice—built on the talent, creativity, and determination of our lawyers and an unwavering commitment to our clients—has grown into a global firm of tremendous breadth. While many things have changed since the firm’s inception, our goal has remained steadfast: provide the highest echelon of service by developing strategic partnerships with our clients, creating and implementing tailored business solutions, and identifying opportunities for innovation. Complementing this service model is the priority we place on cultivating an internal culture of inclusion and opportunity, as well as our role in serving critical needs in our communities. We continue to learn from our storied history, while looking ahead to effect change in our industry.
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