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Professionals 322 results
Capabilities 72 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.
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.
Industry
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.
Experience 52 results
Experience
|September 8, 2025
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.
Experience
|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.
Experience
|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.
Insights & News 2,385 results
Global Trade & Foreign Policy Insights
|October 31, 2025
|4 Min Read
EU Publishes 19th Sanctions Packages Against Russia
As Russia’s military aggression against Ukraine continues, the European Union (EU) has maintained its commitment to increasing economic and legal pressure on Russia. In 2025, the EU adopted its 16th, 17th, 18th, and now 19th sanctions packages, each introducing new measures and expanding existing restrictions.
False Claims Act Playbook
|October 30, 2025
|5 Min Read
On October 15, 2025, the United States District Court for the District of Nebraska (the Court) dismissed Pharos Capital Group and its related investment funds (Pharos Capital) from a qui tam or whistleblower suit brought under the antiretaliation provision of the False Claims Act (31 U.S.C. § 3730(h)) (the FCA), against Pharos Capital and Charter Health Care Group (Charter), a portfolio company of Pharos Capital.
Winston’s AI Top 10
|October 2025
|5 Min Read
Winston’s AI Monthly Recap - October 2025
Winston’s AI Top 10 summarizes the latest AI developments in the legal industry.
Other Results 49 results
Law Glossary
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.
Law Glossary
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.
Site Content
The United States Patent and Trademark Office refers to a trade secret as a type of intellectual property. This definition of trade secret is in reference to the business ownership of a formula, pattern, compilation, program, device, method, technique, or process that provides a competitive edge. As a member of the World Trade Organization, the U.S. government has a responsibility to protect trade secrets. The passage of the Defend Trade Secrets Act of 2016 (DTSA) also increased trade secret protection. Under the DTSA, an individual or organization may be found liable in a civil case for the misappropriation of trade secrets.