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Capabilities 75 results

Practice Area

Advertising Litigation

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....Read more

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....Read more

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....Read more

Experience 60 results

Experience

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March 4, 2026

End of the Line: Winston Wins Unanimous Supreme Court Victory Against NJ Transit

In a unanimous decision authored by Justice Sotomayor, the U.S. Supreme Court held that NJ Transit is not an arm of the State of New Jersey and therefore is not entitled to sovereign immunity. The ruling means that plaintiffs injured by NJ Transit outside of New Jersey—such as in Pennsylvania and New York—may pursue claims in the courts of the states where their injuries occurred. The court adopted Winston’s position that state-created corporations that are formally liable for their own judgments are not arms of the state, reversing the Pennsylvania Supreme Court’s dismissal of Cedric Galette’s negligence suit while affirming the New York Court of Appeals’ decision allowing Jeffrey Colt’s case to proceed....Read more

Experience

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January 27, 2026

PayPal Successfully Invalidates Asserted Claims of Secure Payment Transaction Patent Under 35 U.S.C. § 101

Winston & Strawn secured a decisive victory for PayPal in an intellectual property dispute brought by Irish non-practicing entity Internet Payment Patents LTD (IPPL). Magistrate Judge Susan van Keulen of the Northern District of California entered final judgment in PayPal’s favor, finding all asserted patent claims ineligible under 35 U.S.C. § 101 and granting PayPal’s motion to dismiss without leave to amend....Read more

Experience

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September 8, 2025

Winston Wins Ninth Circuit Reversal and Class Certification in Swimmers’ Antitrust Case, Securing a Global-Impact Settlement with World Aquatics

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....Read more
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Insights & News 2,403 results

Non-Fungible Insights: Blockchain Decrypted

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March 13, 2026

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7 Min Read

UK Crypto Regulation Moves Forward: A Prudential Regime for Cryptoasset Firms – Key Takeaways from FCA CP25/42

The close of 2025 highlighted the continuing momentum for the digital asset industry, with regulatory developments accelerating rather than slowing.

Client Alert

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March 9, 2026

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3 Min Read

OIG Special Advisory Bulletin Addresses Direct-to-Consumer Prescription Drug Sales and Provides a Framework for Compliant Programs

On January 27, 2026, the U.S. Department of Health and Human Services Office of Inspector General (the OIG) issued a Special Advisory Bulletin (the Bulletin) addressing the application of the federal anti-kickback statute (the AKS) to direct-to-consumer (DTC) prescription drug sales. 

The Bulletin, the OIG’s first Special Advisory Bulletin since September 2014, was issued in response to the proliferation of DTC programs. The Bulletin, which sets forth the framework under which a manufacturer’s DTC program presents a low risk of violating the AKS, is viewed by the growing DTC industry as favorable guidance. DTC programs offering modern weight-loss medications, such as GLP-1 drugs, are becoming increasingly popular, and the Bulletin provides a helpful framework to support the viability of these programs. 

In the Media

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March 4, 2026

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1 Min Read

Suzanne Labi Discusses Current State of UK Class Actions with the Law Society Gazette

Winston & Strawn partner Suzanne Labi was quoted in an article featured in the latest edition of the Law Society Gazette, highlighting the role of the UK’s Competition Appeal Tribunal and class actions as a mechanism for enforcing consumer rights. ...Read more
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Other Results 52 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....Read more

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....Read more

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:...Read more
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