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  • Professionals (157)
  • Capabilities (42)
  • Experience (16)
  • Insights & News (507)
  • Other Results (13)

Professionals 157 results

Michael Kimberly
Michael Kimberly
Partner
  • Washington, DC
Email
+1 202-282-5096
vCard

Partner

  • Washington, DC
Linda Coberly
Linda Coberly
Partner
  • Chicago
Email
+1 312-558-8768
vCard

Partner

  • Chicago
Scott Glauberman
Scott Glauberman
Partner
  • Chicago
Email
+1 312-558-8103
vCard

Partner

  • Chicago
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Capabilities 42 results

Practice Area

Appellate & Critical Motions

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....Read more

Practice Area

Litigation/Trials

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....Read more

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....Read more

Experience 16 results

Experience

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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....Read more

Experience

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April 30, 2025

Federal Circuit Backs PayPal

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....Read more

Experience

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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....Read more
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Insights & News 507 results

Direct Sellers Update: Regulation, Law & Policy

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September 23, 2025

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2 Min Read

Direct Seller Defeats Class Certification in California Independent Contract Misclassification Case

As we’ve written previously, direct selling companies are facing a wave of lawsuits, primarily in California, claiming that distributors do not qualify as independent contractors and instead are misclassified employees. Just recently, however, a California court refused to certify a class on these claims—an important outcome for all direct sellers.

Tax Impacts

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September 19, 2025

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5 Min Read

House Ways & Means Committee Advances Two Tax Procedure Bills to Revise Penalty Approval and Tax Court Powers

On September 17, 2025, the House Committee on Ways and Means advanced two bipartisan tax-procedure measures. Both bills propose technical reforms aimed at reducing procedural friction in federal tax administration and litigation.

Product Liability & Mass Torts Digest

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September 17, 2025

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4 Min Read

Supreme Court To Settle if All’s Well That Ends Well in Diversity Jurisdiction

The Supreme Court has granted certiorari in Hain Celestial Group, Inc. v. Palmquist to determine whether a final order issued by a federal court may stand if an appellate court later determines the district court erred in dismissing a nondiverse defendant and denying a motion to remand.

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Other Results 13 results

Site Content


About Us

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....Read more

Judicial Clerks

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