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Capabilities 75 results

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

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

Industry

Insurance

Insurance plays an essential role in risk mitigation for financial services companies. As risks evolve, questions often arise concerning the scope of insurance coverage and the interpretation and application of policy provisions. Winston’s insurance lawyers provide companies with best-in-class advice, corporate and transactional counsel, and, if need be, litigation defense in high-stakes coverage disputes and class actions. We have achieved excellent outcomes for our clients in matters involving a wide variety of insurance policies and claims, including cybersecurity, travel, long-term care, and annuities, among others. Moreover, we have experience in emerging issues and industries, such as blockchain technology and artificial intelligence, both of which present insurers with a unique and complicated set of risks and opportunities....Read more

Insights & News 2,343 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.

Client Alert

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June 12, 2025

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3 Min Read

Reforming the Nuclear Regulatory Commission: An Overview of President Trump’s May 23 Executive Order

On May 23, 2025, President Trump signed an executive order titled “Ordering the Reform of the Nuclear Regulatory Commission” (EO) aimed at accelerating and expanding the nuclear energy industry in the United States. The EO directs a comprehensive structural reorganization of the Nuclear Regulatory Commission (NRC) and an overhaul of its regulatory framework related to the licensing and deployment of advanced nuclear reactors....Read more

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
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Other Results 44 results

Law Glossary

What Are Taste Claims?

Companies make flavor claims and place them on food labels. When companies list taste claims, they must use the correct terms when describing flavors. The FDA even defines how taste claims and flavor labels are used in marketing. If a flavor is improved or created by the addition of other ingredients, then an explanation of this is required. For example, “cherry” is used to describe a flavor that comes from real cherries. However, “cherry-flavored with other artificial flavors” might be needed if a blend of flavors was used....Read more

Law Glossary

What Is Nutrition Claims Law?

The area of nutrition claims law deals with the regulations and violations related to listing the nutrient content of products, as well as making nutrient content claims. Food labeling guidelines are normally handled by the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC). The FDA does provide rules for those who do the food labeling. A Nutrition Facts label is required on most food packages that have labels. In some cases, food and dietary supplement claims are regulated by law or through the FDA. One area of nutrition claims law involves the class action lawsuits filed by consumers to challenge a label claim....Read more

Law Glossary

What Is Post-Grant Review?

A post-grant review, or PGR, is a trial proceeding where the patentability of one or more claims in a patent is reviewed. The review process begins when a third party, who is not the patent owner, files a petition within nine months of a patent being granted or reissued. This filing challenges a patent’s claim or claims based upon a specific ground. The Patent Trial and Appeal Board (PTAB) is the branch of the U.S. Patent and Trademark Office that handles the trial proceeding. The post-grant review can be filed on any grounds that are available to dispute the validity of a patent claim, except for the following: failure to disclose the best mode requirement....Read more
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