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Practice Area
Securities, M&A & Corporate Governance Litigation
In today’s market, litigators with experience in securities, corporate governance, and M&A-related (collectively, “securities litigation”) matters need to leverage their broad experience to serve as both advocate and as counsel and strategist, focused on helping clients to overcome not just a legal issue but a collective business problem. Given the frequent interplay between things such as corporate-control transactions, public offerings, activist shareholders, the use of complex derivatives and other financial instruments, bad news impacting stock performance, regulatory inquiries and investigations, and insurance coverage, strategic and tactical litigation decisions can have a wide-ranging impact on the success of a given transaction, as well as on companies, their boards, senior management, and advisors.
Practice Area
Winston offers a comprehensive cross-practice area Public Company Advisory Group, which leverages the collective experience of our Capital Markets and Securities, M&A, Employee Benefits & Executive Compensation, Intellectual Property, Labor & Employment, Complex Commercial and Securities Litigation, and Tax practices, to advise our clients on the wide range of issues they face as public companies. With extensive experience providing top-tier legal counsel to our clients, we have cultivated a deep reservoir of knowledge in SEC reporting and compliance, capital markets, executive compensation, and corporate governance matters, earning the trust of numerous public company clients as their legal advisors in these critical areas.
Industry
As a leading law firm with decades of experience representing the interests of food and beverage clients, Winston has a dedicated multinational and cross-disciplinary team of attorneys that focuses on the unique and varied ways in which laws, regulations, and market forces impact our clients in this sector.
Experience 10 results
Experience
|August 19, 2025
Winston advised Ellipsis U.S. Onshore Holdings LLC, a portfolio company of the Westlawn Group, in connection with the acquisition of high-quality, non-operated working interests in the Permian Basin of Texas and New Mexico—adding approximately 4,000 barrels of oil equivalent per day in net production and over 600 gross remaining drilling locations. This strategic transaction strengthens Ellipsis’ Delaware Basin footprint and supports its strategy of scaling through high-margin, low-cost assets.
Experience
|July 1, 2025
We served as Remarketing Agent's counsel to Barclays and J.P. Morgan as remarketing agents, in connection with the reoffering by Delmarva Power & Light Company of $78,400,000 Gas Facilities Refunding Revenue Bonds (Delmarva Power & Light Company Project) 2020 Series A (Non-AMT) initially issued on July 1, 2020 by the Delaware Economic Development Authority.
Experience
|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.
Insights & News 164 results
In the Media
|February 17, 2026
|2 Min Read
Scott Naidech Discusses CV Transaction Risks with Private Equity Law Report
Winston & Strawn partner Scott Naidech was quoted in a Private Equity Law Report article discussing key takeaways for sponsors to consider as they undertake continuation vehicle (CV) transactions following a complaint filed in Delaware Court of Chancery that highlights the potential risks when a fund sponsor seeks to push through a CV transaction over the objection of existing investors.
Press Release
|February 5, 2026
|1 Min Read
Winston & Strawn Appoints Brett Johnson as Co-Chair of Litigation Department
Chicago – February 5, 2026 – Winston & Strawn LLP today announced the appointment of Brett Johnson as Co-Chair of the firm’s Litigation Department, serving alongside Linda Coberly, who assumed the role in 2024. Together, they will guide the continued growth and strategic direction of the firm’s world-class litigation practice.Brett previously served as Litigation Office Head in Dallas and will continue in his role as Co-Office Managing Partner of the Dallas office. With a focus on trials and arbitration of high-risk, complex matters, Brett’s practice emphasizes all aspects of intellectual property and complex commercial litigation, including patent, trade secret, unfair competition, consumer class actions, and breach of fiduciary duties. “Brett is a gifted storyteller and advocate with extensive trial experience and, together with Linda, exemplifies the excellence and collaborative leadership that define our Litigation Department,” said Chairman Steve D’Amore. “We are excited to see them lead the department as the firm continues to expand our litigation services to clients globally.”
Client Alert
|December 15, 2025
|3 Min Read
Sovereign Wealth Fund Sues PE Firm over Continuation Vehicle Process
On November 26, 2025, the sovereign wealth fund, Abu Dhabi Investment Council (ADIC), filed a lawsuit in the Chancery Court of Delaware against Energy & Minerals Group LP and several affiliate private investment funds (collectively EMG). The complaint seeks a preliminary injunction to stop the sale of an EMG portfolio company, Ascent Resources LLC, to a continuation vehicle that is also managed by EMG in a so-called “GP-led secondary” transaction. ADIC alleges that by selling to a continuation fund, EMG is engaging in self-dealing in breach of its fiduciary duties as manager of the selling private investment fund, in which ADIC is also a limited partner.
Other Results 14 results
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What Is a Delaware Corporation?
A Delaware corporation is a company that is formed in the state of Delaware but can conduct business anywhere. Incorporating in Delaware has become widespread among large U.S. companies, including more than half of the S&P 500.
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