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Capabilities 85 results

Practice Area

Insurance Litigation

For decades, Winston has represented a broad array of clients in the insurance industry, including some of the world’s largest and best-known insurers. Our prowess in and understanding of the insurance industry encompasses not only its products, practices, and services, but also the increasing challenges posed by a world increasingly characterized by a fast-evolving technological landscape as well as financial, political, and environmental instability. Accordingly, Winston’s lawyers are among the most sought-after in the industry—not only by companies currently facing high-stakes litigations and investigations, but by those looking to take preventive action now in order to mitigate and manage their risk in the future....Read more

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

Litigation/Trials

Trial skills matter—even in a world where few disputes ever see the inside of a courtroom. Winston has built a reputation as a trial lawyers’ firm, featuring seasoned litigators who leverage extensive courtroom experience to meet our clients’ business and legal objectives. Our long history of taking cases to trial—and winning—provides our clients with tremendous settlement leverage with their adversaries, as well as a substantial likelihood of a favorable resolution if, and when, they go to trial....Read more

Experience 49 results

Experience

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May 9, 2025

An Am Law LOTW Shout Out-Worthy Gold Medal Victory In $Jenner

Experience

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April 30, 2025

Federal Circuit Backs PayPal

Experience

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March 31, 2025

ESOP Class Claims Flop

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Insights & News 3,835 results

Client Alert

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June 13, 2025

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2 Min Read

Federal Circuit Reverses US$200M+ Jury Verdicts Because Asserted Claims Are Unpatentable Under § 101

According to 35 U.S.C. § 101, “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” may be patentable. Courts and litigants often struggle in determining what falls outside this scope—i.e., what is unpatentable subject matter. The Federal Circuit Court of Appeals dealt with this issue in a series of appeals between USAA v. PNC Bank (CAFC Nos. 2023-1639, 2023-1778, 2023-1866, 2025-1276, 2025-1277, and 2025-1341), held that the claims in the patents at issue recite unpatentable subject matter, and reversed the entries of judgment for the US$218M and US$4.3M jury verdicts that issued out of the Eastern District of Texas.

In the Media

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June 12, 2025

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1 Min Read

Bobby Malhotra Discusses Tensions Between Discovery Requirements and Consumer Privacy Rights Bloomberg Law

Winston & Strawn partner Bobby Malhotra was quoted in a Bloomberg Law article discussing the OpenAI Inc. copyright lawsuit and legal debate over how to balance a court’s need for information against protecting individuals’ personal data. OpenAI has been challenging a court order to preserve its ChatGPT outputs in a precedent-setting copyright case, claiming the order threatens hundreds of millions of its users’ privacy rights. The first of its kind case will show how courts will weigh legal questions against protecting the privacy of large amounts of personal information in AI-related litigation. ...Read more

Client Alert

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June 12, 2025

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6 Min Read

Safeguarding Public Health Grants: How States Fought Against Abrupt Federal Funding Cuts

On May 16, 2025, the U.S. District Court for the District of Rhode Island granted a Motion for a Preliminary Injunction against the Department of Health and Human Services (HHS) and Secretary of Health and Human Services Robert F. Kennedy Jr.[1] As a result, HHS must continue to provide access to healthcare-related funding to the 23 plaintiff States and the District of Columbia (the States) after attempting to unilaterally terminate access to those funds, and it may not “tak[e] any action to reinstitute” the terminations “for the same or similar reasons.”[2]...Read more
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Other Results 95 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

Site Content

Winston Legal Solutions Litigation Legal Services

Law Glossary

What Are the Patent Litigation Differences Between the BPCIA and Hatch-Waxman Act?

There are fundamental differences between the abbreviated approval processes to obtain FDA approval for biosimilars and generic drugs as those processes relate to patent litigation....Read more
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