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Capabilities 33 results

Practice Area

Environmental Litigation & Enforcement

With today’s rapidly evolving rules of engagement, paired with the often contentious nature of environmental disputes, clients rely on Winston for our practical experience and substantive knowledge of the broad-ranging issues involved in environmental litigation, enforcement, and investigations....Read more

Practice Area

Privacy: Regulated Personal Information (RPI)

Winston’s Regulated Personal Information (RPI) Practice offers seamlessly integrated counseling and litigation services to companies looking for practical and solution-oriented assistance navigating the compliance, regulatory, and private class action enforcement risks presented by the emerging patchwork of complex (and often conflicting) privacy laws in the United States and beyond....Read more

Practice Area

Trade Secrets, Non Competes & Restrictive Covenants

Theft of trade secrets and other confidential information occurs all too frequently in today’s global, highly mobile, and competitive marketplace. In the course of advising clients, we have developed comprehensive, yet scalable, strategies for both mitigating against and responding to issues along the trade secrets protection spectrum, including helping position clients proactively before trade secrets theft occurs....Read more

Experience 16 results

Experience

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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....Read more

Experience

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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....Read more

Experience

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August 15, 2024

Winston Achieves Historic No-Damages Summary Judgment for Microsoft in Patent Case

Exafer sued Microsoft for patent infringement over certain components of the Azure networking infrastructure. After successfully excluding Exafer’s damages expert, Winston secured a rare summary judgment of no damages, resulting in a complete victory for Microsoft. The court found Exafer lacked evidence sufficient to support any non-speculative award of damages, resolving all claims in Microsoft's favor. This is the first no-damages summary judgment in a W.D. Tex. patent case and one of the few in patent cases overall, earning the team a mention in American Lawyer’s Litigator of the Week column. ...Read more
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Insights & News 687 results

Investigations, Enforcement, & Compliance Alerts

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September 10, 2025

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4 Min Read

DoD Publishes Final Cybersecurity Maturity Model Certification Rule

On September 10, 2025, the Department of Defense (DoD) published its long-awaited final DFARS rule on the Cybersecurity Maturity Model Certification (CMMC) Program.

Recognitions

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September 4, 2025

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1 Min Read

Winston Recognized on The National Law Journal Legal Awards’ 2025 Appellate Hot List

Winston & Strawn’s Appellate & Critical Motions Practice was named among The National Law Journal’s Appellate Hot List finalists during the 2025 National Law Journal Legal Awards. This annual award series recognizes “outstanding achievements, innovation, and dedication within the legal community” as well as “the unwavering commitment to justice, integrity, and advocacy displayed by legal professionals across the nation.”...Read more

Competition Corner

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August 11, 2025

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6 Min Read

Epic v. Google: Setting the Bar for Affirmative Antitrust Remedies in the Digital Age

The July 2025 decision by the Ninth Circuit Court of Appeals in Epic Games v. Google marks a landmark development in the ongoing evolution of antitrust remedies for unilateral conduct in the technology sector. The court’s willingness to affirm not just prohibitory, but also mandatory, forward-looking injunctions—requiring Google to take affirmative steps to open its Android app ecosystem to competition—signals a vigorous approach to restoring competition in digital platforms.

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Other Results 18 results

Site Content

What Is a Temporary Restraining Order (TRO)?

A temporary restraining order (TRO) is a legal document issued by a judge before trial that forces or prevents an action for a specified time frame. During court cases that involve trademark infringement or the use of a trade secret, a TRO can halt patent, copyright, or trademark infringement in the short term. It can offer relief in various situations, such as to prevent the sharing of a business secret or an unfair competition practice, until a court hearing on a preliminary injunction can be held. A TRO petition is an emergency request for a state or federal court to take immediate action based on submitted evidence....Read more

Site Content

What Is a Trade Secret?

The United States Patent and Trademark Office refers to a trade secret as a type of intellectual property. This definition of trade secret is in reference to the business ownership of a formula, pattern, compilation, program, device, method, technique, or process that provides a competitive edge. As a member of the World Trade Organization, the U.S. government has a responsibility to protect trade secrets. The passage of the Defend Trade Secrets Act of 2016 (DTSA) also increased trade secret protection. Under the DTSA, an individual or organization may be found liable in a civil case for the misappropriation of trade secrets....Read more

Site Content

What Is BIPA?

The Illinois Biometric Invasion of Privacy Act (BIPA), enacted in 2008, grants Illinois consumers the right to their own biometric data, such as fingerprints, retina or iris information, voiceprints, and DNA. Under the BIPA, private companies are prohibited from collecting biometric information unless (1) the person consents in writing and (2) the companies inform the person in writing of what data is being collected, for what purpose, and for how long. Besides the notice and consent requirement, the law also bans any company from selling or otherwise profiting from consumers’ biometrics....Read more
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