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Capabilities 26 results

Practice Area

Trade Secrets, Non Competes & Restrictive Covenants

In today’s fast-paced, global marketplace, the theft of trade secrets and other confidential information is an all-too-common risk. Our team helps clients navigate this complex landscape with strategies that are both comprehensive and scalable—designed to prevent issues before they arise and respond effectively when they do....Read more

Practice Area

Environmental Litigation & Enforcement

With today’s rapidly evolving rules of engagement, paired with the often contentious nature of environmental disputes, clients rely on Winston for our practical experience and substantive knowledge of the broad-ranging issues involved in environmental litigation, enforcement, and investigations....Read more

Practice Area

Patent Litigation

Our Patent Litigation Practice is one of the country’s most active and highly regarded. Our seasoned patent litigators bring extensive courtroom experience to every matter we handle. According to Lex Machina, we are among the top three national patent defense firms in the country for number of appearances and cases filed, and we also were the top national defense firm for number of patent trials in the last five years (2018–2022)....Read more

Experience 4 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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April 30, 2025

Rapid Ruling: Fifth Circuit Affirms Winston Win on Summary Judgment the Day After Oral Argument

Winston recently secured a total victory for our clients, KVP Energy Services, LLC and other affiliated defendants, at the U.S. Court of Appeals for the Fifth Circuit. Plaintiff BHI Energy I Power Services LLC filed suit in the U.S. Northern District of Texas in September 2022, alleging US$150M in damages in connection with causes of action for misappropriation of trade secrets, unfair competition, and various other business torts and statutory violations. Winston scored an important early win in January 2023 by defeating BHI Energy’s motion for preliminary injunction. After a year of extensive discovery, Winston moved for full summary judgment on behalf of all defendants. In a strongly worded opinion, the district court granted Winston’s summary judgment motion and dismissed the entirety of BHI’s lawsuit....Read more

Experience

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November 30, 2021

Secured Headline-Grabbing Win Blocking Enforcement of Texas Governor’s Order Prohibiting Masks in Schools During Pandemic

Working with Disability Rights Texas, led a pro bono team to trial victory and Am Law Litigator of the Week recognition in a fast-moving federal civil rights lawsuit arguing that Texas Governor Abbott’s ban on mask mandates violated federal disability laws and forced children with disabilities to risk their lives to get an education. This was a headline-making win given the politically and emotionally charged issue. We filed the case in August 2021 on behalf of minor disabled public-school students, for whom contracting COVID-19 presents serious risks or death. Following an October 2021 trial, Judge Yeakel issued a final permanent judgment on the merits, enjoining enforcement of the order on the grounds it violated, and was preempted by, the ADA, the Rehabilitation Act, and the American Rescue Plan Act. This was the first federal case where a court granted a permanent injunction prohibiting enforcement of a state-wide anti-mask order....Read more
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Insights & News 309 results

Winston’s Environmental Law Update

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December 23, 2025

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3 Min Read

“Compliance First”: What Does EPA’s New Policy Mean for My Business?

On December 5, 2025, the U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) issued an internal policy memorandum[1]that sets a “compliance first” directive for EPA’s enforcement programs.

Competition Corner

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December 23, 2025

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4 Min Read

The Continuing Expansion of Algorithmic Software Laws – Best Practices for Companies in an Evolving Landscape

New York recently expanded its algorithmic pricing laws, now requiring retailers to disclose when prices are set with algorithmic software based on consumers’ personal data.The so-called practice of surveillance pricing entails adjusting prices charged for goods and services according to monitored personal data.

Client Alert

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December 15, 2025

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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.

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Other Results 15 results

Site Content

What Is a Temporary Restraining Order (TRO)?

A temporary restraining order (TRO) is a legal document issued by a judge before trial that forces or prevents an action for a specified time frame. During court cases that involve trademark infringement or the use of a trade secret, a TRO can halt patent, copyright, or trademark infringement in the short term. It can offer relief in various situations, such as to prevent the sharing of a business secret or an unfair competition practice, until a court hearing on a preliminary injunction can be held. A TRO petition is an emergency request for a state or federal court to take immediate action based on submitted evidence....Read more

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