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Professionals 160 results
Capabilities 42 results
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
|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.
Experience
|April 9, 2025
Won a major Second Circuit victory for Relevent Sports Group, LLC, a sports promoter that organizes soccer matches in the U.S. involving professional teams from non-U.S. leagues. A unanimous Second Circuit panel—repeatedly citing and quoting Winston’s briefs and oral argument—vacated the district court’s decision and revived Relevent’s antitrust suit against FIFA and the U.S. Soccer Federation, challenging a FIFA rule prohibiting official-season professional soccer games from being played outside a team or league’s FIFA-designated country. Am Law recognized the March 2023 win with a “LOTW” Runner-Up nod. With DOJ and Solicitor General support, we defeated Supreme Court review, leading to settlements with both defendants and paving the way for U.S.-venued foreign-league games.
Insights & News 507 results
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.
Speaking Engagement
|November 6, 2025
Michael Kimberly Presents at AALA’s Annual Educational Symposium
Winston & Strawn’s Appellate & Critical Motions Practice Co-Chair Michael Kimberly was a featured speaker at the American Agricultural Law Association (AALA)’s Annual Educational Symposium in Scottsdale, Arizona.
Recognitions
|November 6, 2025
|Less Than 1 Min Read
Winston & Strawn received a cumulative 99 Tier 1 practice area rankings in the 2026 edition of Best Law Firms®. 25 Winston practice areas received a National Tier 1 ranking, and 74 received local Metropolitan Tier 1 rankings across the firm’s Charlotte, Chicago, Dallas, Houston, Los Angeles, Miami, New York City, San Francisco, and Washington, D.C offices.
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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