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Practice Area
Brands across key sectors turn to Winston litigators to defend their reputations in advertising class actions, competitor disputes, and investigations. With litigators based in the U.S.’s busiest jurisdictions—including courts in California, Florida, Illinois, New York, and Texas—we have deep experience and prowess in handling some of the most high-profile and business-essential advertising cases in recent history. These disputes have involved false advertising; unfair competition, unfair business practices, and unjust enrichment; copyright, trade name, and service mark infringement; consumer-protection claims; and violations of the Lanham Act.
Practice Area
Government Program Fraud, False Claims Act & Qui Tam Litigation
Investigations and litigation involving alleged fraud against the government pose a significant and growing threat to organizations and individuals across all industries that engage directly or indirectly in business with federal, state, and/or local governments. The government makes aggressive use of its extensive criminal and civil investigatory powers to root out alleged fraud and abuse implicating government funds, including one of its most powerful civil enforcement tools—the federal False Claims Act (FCA)—and similar state false claims statutes.
Practice Area
Representation & Warranty Insurance Claims
Winston is a market leader in the field of representation and warranty insurance (RWI) claims. With an in-depth understanding of the complexities and nuances of contractual agreements, we are skilled at meticulously analyzing purchase agreements, identifying potential breaches, and formulating comprehensive recovery strategies. This enables us to deliver favorable outcomes for our clients, making us a go-to-choice for buyers seeking preeminent counsel in this nuanced area of law.
Experience 58 results
Experience
|September 8, 2025
Winston represents a class of professional swimmers alleging World Aquatics (WA) violated antitrust laws by blocking their participation in the competing International Swimming League. After WA won summary judgment, Winston successfully appealed, arguing the court applied improper antitrust standards and wrongly denied certification of a damages class. In September 2024, the Ninth Circuit reversed both rulings, reviving all claims and issuing a landmark ruling on the possible application of the per se rule or quick look review to sports-associations rules. Am Law awarded Winston “Litigator of the Week” Runner-Up recognition for the win. In November 2024, the Ninth Circuit denied rehearing. In April 2025, the district court certified a damages class.
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
|May 15, 2025
Winston Secures Federal Circuit Victory for Snap Axing Image-Presentation Patents on the Pleadings
Ask Sydney sued Snap along with four large tech companies in the Western District of Texas, Waco Division, asserting infringement of two related patents on methods of generating and presenting images to a user to determine the user’s interest. Working closely with Snap, Winston successfully moved to transfer the case to the Central District of California, then moved for judgment on the pleadings of patent-ineligibility under § 101 of the Patent Act. Following a hearing with multiple rounds of argument, the district court granted the motion, adopting Winston’s arguments that distinguished findings by the patent examiner during prosecution and by the Western District of Texas, which had denied § 101 motions brought by two other defendants. Ask Sydney appealed, but the Federal Circuit summarily affirmed three days after oral argument, handing Snap a decisive win invalidating all claims of both asserted patents. Eimeric Reig led the strategy and argued the appeal and motion hearing, working with Kathi Vidal and Kelly Hunsaker.
Insights & News 2,483 results
Recognitions
|November 14, 2025
|1 Min Read
Winston Pro Bono Team Recognized in Litigator of the Week Column by The Am Law Litigation Daily
A Winston & Strawn pro bono team led by Aldo Badini and Michelle Tuma was featured in the Litigator of the Week column by The Am Law Litigation Daily on November 14, 2025.
Recognitions
|November 12, 2025
|2 Min Read
Winston Lawyers Named as 2025 Law360 MVPs
Winston partners Jeffrey Kessler and Tom Melsheimer merited inclusion on Law360’s 2025 MVPs list. As described by Law360, this year’s winners “have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.”
Pro Bono In Action
|November 12, 2025
|2 Min Read
Winston Wins $112 Million Verdict for Immigrants Unlawfully Held by Suffolk County Sheriff’s Office
Following eight years of hard-fought litigation, including a 5-day trial, a jury awarded $112 million in damages to a certified class of 670+ immigrants who were unlawfully detained by the Suffolk County Sheriff’s Office (the County) based solely on detainers issued by ICE without showing probable cause.
Other Results 53 results
Law Glossary
What Is Advertising Litigation?
Advertising litigation is defined as the legal area that covers false or deceptive advertising cases. Lawsuits may be brought by government agencies or corporate competitors based on the Lanham Act—a law that specifically deals with false advertising. The Act outlines how an advertisement can be deemed false. The Federal Trade Commission (FTC) has the ability to file lawsuits to halt deceptive advertising claims. The U.S. Food and Drug Administration may also pursue advertising litigation against violators of government regulations. Companies may be called on to substantiate their advertising claims, whether these are made in print or online.
Law Glossary
What Is Consumer Marketing Law?
Consumer marketing law is a broad legal segment dealing with federal and state statutes, along with government regulations, established to ensure that marketing and advertising are truthful. Federal law states that no form of advertising, including online advertising, can be deceptive. Marketing claims must also be evidence-based.
Site Content
What Is the National Advertising Division (NAD)?
As part of the independent, non-profit BBB National Programs, the National Advertising Division (NAD) independently evaluates the truth and accuracy of national advertising. It also works to increase the public’s confidence in advertising. NAD assesses a broad scope of ad claims, including those related to product performance, surveys, pricing, and guarantees. NAD responsibilities include: