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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 58 results

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

Experience

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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....Read more

Experience

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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....Read more
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Insights & News 2,480 results

Recognitions

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January 5, 2026

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1 Min Read

Ashley Wright Named to D Magazine’s 2026 Best Lawyers Under 40 List

Winston & Strawn Dallas associate Ashley Wright merited a place on D Magazine’s 2026 Best Lawyers Under 40 list which honors the city’s most promising up-and-coming legal professionals. Nominees are put forward by Texas lawyers who have witnessed their exceptional work firsthand, vetted by D Magazine staff, and selected by an anonymous panel of respected lawyers....Read more

Client Alert

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December 31, 2025

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4 Min Read

New York FAIR Business Practices Act Bolsters State’s Consumer Protection Framework

Not quite a year after the Consumer Financial Protection Bureau (CFPB) issued its January 2025 report urging states to strengthen state-level consumer protections, New York enacted the Fostering Affordability and Integrity through Reasonable (FAIR) Business Practices Act into law. The FAIR Act amends New York’s general business law to prohibit unfair and abusive business acts and practices beyond deceptive conduct.

Capital Markets & Securities Law Watch

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December 18, 2025

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5 Min Read

Chairman Atkins’ NYSE Speech and the SEC’s 2026 Examination Priorities: A Reset for U.S. Capital Markets

Two recent developments signal where the Securities and Exchange Commission (the SEC) is headed in 2026. First, SEC Chairman Paul Atkins’ address at the New York Stock Exchange (NYSE) on December 2, 2025 set forth guiding principles for reform with the goal to, in Chairman Atkins’ words, “make IPOs great again.”

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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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