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Capabilities 58 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

Industry

Energy Transition

As core segments of the global economy continue to embrace sustainable and carbon-neutral energy resources as complementary and integral to fossil-based systems of energy production and consumption, we stand ready to guide our clients through the energy transition. Our team is at the forefront of the flourishing energy transition market, and we bring practical experience, perspective, and innovative thinking to the sector. By combining our more than 40 years of experience in renewable and conventional energy with an integrated service approach, we help clients to plan for, invest in, and thrive in today’s shifting environment. Not only does our team include experienced energy and corporate lawyers, but also practitioners with deep experience in tax credits and tax equity, project finance, infrastructure, and power and renewables to serve the varied needs of our client base....Read more

Experience 21 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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April 9, 2025

Winston Wins Second Circuit Revival of Relevent’s Antitrust Suit, Unlocking U.S. Access to Global Soccer Matches

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....Read more
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Insights & News 978 results

Winston’s Environmental Law Update

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November 21, 2025

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4 Min Read

Ninth Circuit Pauses California Climate Risk Reporting Law, Lets Climate Corporate Data Accountability Act Proceed

On November 18, 2025, the Ninth Circuit Court of Appeals ruled to temporarily stay implementation of California SB 261, the state’s corporate climate-related financial risk reporting law, while an appeal is pending related to an industry group-led challenge to the law. In the short ruling, the Ninth Circuit denied the motion to stay implementation of the companion bill, the Climate Corporate Data Accountability Act.

Competition Corner

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November 11, 2025

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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.

Capital Markets & Securities Law Watch

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November 10, 2025

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4 Min Read

ExxonMobil's Game-Changer: SEC Approves Standing Voting Instructions (SVIs) for Retail Investors

ExxonMobil Corporation (Exxon) recently made headlines as the first U.S. public company to receive a green light from the SEC for a retail voting program based on Standing Voting Instructions (SVIs), officially known as the Exxon Voter Pool.

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Other Results 23 results

Law Glossary

What Is the FDA?

The FDA stands for the Food and Drug Administration. It is a federal agency charged with protecting the public by regulating the safety and security of drugs, biological products, veterinary medications, and medical devices. FDA responsibilities also cover the safety of: foods for U.S. consumers, cosmetics, animal feed, and radiation-emitting products. Various rules may be established and enforced by the agency in response to U.S. laws or presidential executive orders....Read more

Site Content

What Is the Personal Information Protection Law (PIPL)?

The Personal Information Protection Law (PIPL) is a law passed by China’s National People’s Congress Standing Committee, which aims to establish a personal information protection system with Chinese features that are also in line with international standards. PIPL provides a variety of rights for personal information subjects to strengthen their control of personal information, while imposing strict obligations to personal information handlers. The law entered into effect on November 1, 2021....Read more

Site Content

What Is ESG in Finance?

ESG in finance can refer to, among other things, financing tools such as Green, Social, and Sustainability Bonds and similar ESG-related debt instruments, as well as the separate discipline of ESG Investing. ESG stands for Environmental, Social, and Governance. Investors are increasingly applying these non-financial factors as part of their analysis to identify ESG-related risks and opportunities in particular investments. ESG metrics have not historically been included in financial reporting, though companies are increasingly making disclosures in their annual report or in a standalone sustainability report, and regulatory requirements for such disclosures, including from the SEC, are expanding....Read more
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