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Capabilities 49 results

Practice Area

Employee Benefits & Executive Compensation

With attorneys based in Chicago, New York and Washington, D.C., Winston’s Employee Benefits & Executive Compensation (EBEC) team represents a broad range of plan sponsors and offers clients not just deal support but the full suite of employee benefit services. These include public company reporting and executive compensation, employee benefits in mergers and acquisitions, qualified retirement plans and Title I investment advice, health and welfare benefit plans, employee stock ownership plans (ESOPs), and international human resources matters. And driven by a volatile labor market, we are partnering with clients to innovate plan structure and design, including cutting-edge services such as private exchange medical benefits, employee benefits in captive insurance, and fiduciary governance best practices. With decades of experience, our EBEC team maintains strong brand recognition, with clients describing our attorneys as “superb,” “very client-friendly,” “extremely responsive and able to bring forth the right resources,” and “having an “incredible breadth of knowledge.”...Read more

Practice Area

Labor & Employment

Our Labor & Employment Practice is one of the largest and most experienced practices among the country’s multi-disciplined law firms. Our attorneys represent global employers of all types and sizes—ranging from the Fortune 100 to privately held startups—often serving as national, regional, or preferred counsel to many of these major employers....Read more

Practice Area

Executive Compensation Plans & Agreements

Our Employee Benefits and Executive Compensation (EBEC) attorneys generally focus on two separate but related areas—employee benefits and executive compensation. We advise corporations, boards of directors, private equity firms, and executives on all legal, design, drafting, negotiation, and compliance aspects of executive compensation matters. We advise corporations, firms, fiduciaries, executives, administrators, governmental entities, and financial institutions on innovative and traditional employee retirement and health and welfare benefits programs. Our substantial experience and over 50 years of involvement in the EBEC field have given us a deep understanding of the evolution of benefits law and the market for executive compensation....Read more

Experience 28 results

Experience

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July 30, 2025

Following an Astounding Summary Judgment Win, Winston Secures Three Favorable Class Settlements in US$52+B Broiler Chicken Litigation

Represent Norman W. Fries, Inc. d/b/a Claxton Poultry Farms in a series of 15+ antitrust class actions consolidated in the Northern District of Illinois and brought by plaintiffs who allege that Claxton and the nation’s other largest poultry producers conspired to fix the price of broiler chickens in a scheme from 2008 to 2016 that raised the price for broiler chickens by artificially reducing supply....Read more

Experience

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March 31, 2025

ESOP Class Claims Flop

After an eleven-day bench trial in January 2023, the N.D. Ill. delivered a full defense verdict in March 2025 in an ERISA class action brought by participants in Segerdahl Corporation’s ESOP. The court rejected the class claims against Segerdahl, its ESOP trustee GreatBanc Trust Company, and various individual defendants including board members Bob Cronin, Rod Goldstein, and Peter Mason, alleging that Segerdahl could have sold for a significantly higher price, which would have increased post-sale distributions to the ESOP participants. Winston earned an Am Law Litigator of the Week Shout Out for this win....Read more

Experience

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June 13, 2024

Winston advises Ardian on its acquisition of a majority stake in Alstef Group

Winston has advised Ardian, a leading global private investment firm, in connection with its exclusive negotiations to acquire a majority stake in Alstef Group, a provider of automated and robotic solutions for the airport, logistics, and parcel sorting markets, alongside the Group's management team and employee shareholders. As part of this transaction, the founders (Pierre Marol and Jean-Luc Thomé) and Future French Champions, the joint venture between Qatar Investment Authority (QIA) and Bpifrance, will also reinvest alongside Ardian....Read more
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Insights & News 1,621 results

False Claims Act Playbook

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October 30, 2025

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5 Min Read

Private Equity Firm Avoids Potential False Claims Act Liability in Dismissal from Whistleblower Suit Brought by Healthcare Portfolio Company Executive

On October 15, 2025, the United States District Court for the District of Nebraska (the Court) dismissed Pharos Capital Group and its related investment funds (Pharos Capital) from a qui tam or whistleblower suit brought under the antiretaliation provision of the False Claims Act (31 U.S.C. § 3730(h)) (the FCA), against Pharos Capital and Charter Health Care Group (Charter), a portfolio company of Pharos Capital.

Competition Corner

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October 23, 2025

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2 Min Read

California Strengthens Its Antitrust Law with Stiffer Penalties

On October 6, 2025, California Governor Gavin Newsom signed into law S.B. 763, which will comprehensively strengthen the enforcement framework of California’s Cartwright Act. 

Client Alert

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October 16, 2025

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5 Min Read

OIG Issues Advisory Opinion on Contributions to Charitable Foundations for Therapy Services

On September 11, 2025, the U.S. Department of Health and Human Services Office of Inspector General (the OIG) issued a favorable advisory opinion (AO 25-10 or the Opinion) regarding an arrangement between a healthcare services company (the Company) and a charitable foundation (the Foundation), whereby the Company makes financial contributions to the Foundation, which then provides grants to families of children receiving a particular type of therapy (the Arrangement). Pursuant to AO 25-10, the OIG will not impose sanctions with respect to the Arrangement, despite the Arrangement potentially generating prohibited remuneration under the federal Anti-Kickback Statute (the AKS) and implicating the civil monetary penalty provision prohibiting inducements to beneficiaries (the Beneficiary Inducements CMP).

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Other Results 35 results

Law Glossary

What Is ERISA?

The Employee Retirement Income Security Act (ERISA) is a federal law from 1974 that governs how employers provide benefit plans to employees. ERISA is administered in part by the Employee Benefits Security Administration (EBSA), a branch of the U.S. Department of Labor. The law establishes requirements and guidelines for employers and benefit plan managers, trustees and certain other service providers. ERISA ensures minimum standards are set for the majority of private industry pension and health plans, as well as other benefit plans such as life insurance. Under ERISA, employees must be notified of benefit plan terms, including funding, coverage, and costs. Employees are also offered protections against fiduciary wrongdoing. Plan participants or the DOL may be able to sue plan fiduciaries if plans are mismanaged or if plan fiduciaries engage in conduct prohibited under ERISA, and plan participants may sue for unpaid benefits.   ...Read more

Law Glossary

What Is Performance-Based Compensation?

Performance-based compensation (PBC) is a system for rewarding employees financially, outside of their regular salaries. The financial compensation is based on how individual employees, departments, the company, or the company’s stock price performs during a specific time frame and in accordance with pre-determined goals set by the organization. These programs may also be called Pay-For-Performance systems. Companies who utilize these systems must be prepared to define and track performance, as well as provide compensation, such as bonuses, when objectives are met according to benchmarks. The supplemental income will also have tax implications for employees.  ...Read more

Law Glossary

What Is Workplace Privacy Law?

Workplace privacy law involves the legal questions that arise as employers monitor their employees’ activities. Companies may monitor through visual surveillance, such as cameras, and electronic surveillance, and email audits. Businesses monitor to protect confidential information and to help prevent behavioral violations. Employers have broad rights to copy and monitor email sent over company electronic systems and to view these emails as business property. Emails can be monitored based on a number of business principles, including to encourage productivity and discourage illegal activity. Regarding surveillance, employees are allowed reasonable expectations of privacy in areas such as bathrooms. Legal issues may arise when hidden cameras are placed in work areas where employees are not aware of the surveillance....Read more
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