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Capabilities 69 results

Practice Area

Trade Secrets, Non Competes & Restrictive Covenants

Theft of trade secrets and other confidential information occurs all too frequently in today’s global, highly mobile, and competitive marketplace. In the course of advising clients, we have developed comprehensive, yet scalable, strategies for both mitigating against and responding to issues along the trade secrets protection spectrum, including helping position clients proactively before trade secrets theft occurs....Read more

Practice Area

Tax Controversy & Criminal Tax

Our Tax Controversy attorneys advise and represent clients in every aspect of federal and state tax investigations, as well as the criminal tax enforcement process. This includes the Internal Revenue Service’s (IRS) multi-jurisdictional examinations and administrative appeals, U.S. Competent Authority representations, post appeals mediation, and trial court and appellate litigation in every federal court hearing a tax matter....Read more

Practice Area

Commercial Litigation & Disputes

Winston represents clients in virtually every type of dispute that could arise from operating a business. While our primary objective is to protect our clients from the need to engage in litigation and enter the courtroom, we take pride in our heavyweight litigation experience and the knowledge that corporate America has repeatedly retained us not just for “bet-the-company” trials, but for “bet-the-industry” cases as well. Our commercial litigators’ track record of success earned the team a national Tier 1 ranking in Best Law Firms® 2025. Our practice is anchored by seasoned litigators, many of whom have been recognized by in-house counsel and their peers as top practitioners in their fields....Read more

Experience 31 results

Experience

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August 19, 2025

Winston Advised Ellipsis Onshore Holdings in the Acquisition of Oil and Gas Non-Operated Assets in the Permian Basin of Texas and New Mexico

Winston advised Ellipsis U.S. Onshore Holdings LLC, a portfolio company of the Westlawn Group, in connection with the acquisition of high-quality, non-operated working interests in the Permian Basin of Texas and New Mexico—adding approximately 4,000 barrels of oil equivalent per day in net production and over 600 gross remaining drilling locations. This strategic transaction strengthens Ellipsis’ Delaware Basin footprint and supports its strategy of scaling through high-margin, low-cost assets....Read more

Experience

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March 18, 2025

Winston Blunts Earnout Payment

Following a bench trial in Fall 2024, a New York trial court ruled in March 2025 that Cresco Labs, Inc. was not required to pay a US$45M earnout under a merger agreement. The court found that Cresco did not receive “commercially reasonable access” to New York’s adult-use cannabis market, which was supposed to be subject only to a non-competitive application or approval process. Adopting Cresco’s arguments, the court determined that only the Office of Cannabis Management and Cannabis Control Board could decide when and how applicants access the adult-use market. The court agreed that regulators required Cresco to pay a significant one-time fee, prioritized other applicants, and had broad discretion over approvals. This win supports claims that New York’s adult-use program lacks details and clear entry paths, frustrating industry leaders’ efforts to develop a robust adult-use market....Read more

Experience

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January 31, 2025

Winston Secures Complete Defense Judgment for Alphatec in Prolonged Litigation Battle

In a long-running, bitter dispute between fierce competitors, Winston obtained a complete defense judgment on January 31, 2025, for its client Alphatec Holdings, along with its Chairman and CEO Pat Miles, following a week-long bench trial in the Delaware Chancery Court in early October 2023 over allegations of breach of fiduciary duty and violation of alleged non-competition covenants. Following additional post-trial briefing and oral argument, the court, on January 31, 2025, found in favor of Winston’s clients in all respects. The January 31, 2025, defense judgment marked the third favorable trial outcome obtained by Winston for Alphatec in a series of lawsuits filed by NuVasive—seeking, collectively, damages totaling nearly US$200M—dating back to October 2017....Read more
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Insights & News 1,889 results

Direct Sellers Update: Regulation, Law & Policy

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September 16, 2025

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6 Min Read

The FTC Trades Blanket Non-Compete Bans for Case-by-Case Enforcement

Direct Sellers, time to let out a sigh of relief. On September 5, 2025, the Federal Trade Commission officially dropped its appeal of a federal court’s decision striking down the FTC’s rule banning non-competes.

Capital Markets & Securities Law Watch

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September 16, 2025

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7 Min Read

The FCA’s New Prospectus Rules: A Bold Reset for UK Capital Markets

On 15 July 2025, the Financial Conduct Authority (FCA) released Policy Statement PS25/9, confirming the final rules under the Public Offers and Admission to Trading Regulations 2024 (POATRs). These reforms overhaul the UK’s prospectus regime, replacing the retained EU Prospectus Regulation and taking effect from 19 January 2026. The new framework aims to simplify capital raising, reduce costs for issuers and enhance the UK’s competitiveness as a listing venue. 

The FCA’s reforms are part of a broader government strategy to ensure regulation is targeted, proportionate and growth-oriented. They follow extensive consultation, including CP24/12 and CP25/2, and reflect recommendations from Lord Hill’s UK Listing Review and the Secondary Capital Raising Review.

Investigations, Enforcement, & Compliance Alerts

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September 10, 2025

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4 Min Read

DoD Publishes Final Cybersecurity Maturity Model Certification Rule

On September 10, 2025, the Department of Defense (DoD) published its long-awaited final DFARS rule on the Cybersecurity Maturity Model Certification (CMMC) Program.

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Other Results 44 results

Site Content

What Is a Non-Fungible Token (NFT)?

The definition of a Non-Fungible Token, also known as an NFT, is a digital certificate (or token) which is stored on decentralized ledgers popularly referred to as the blockchain. NFTs use software code, referred to as “smart contracts,” to transfer the digital certificate of ownership, ensuring proof of ownership in the process. Like cryptocurrency, NFTs also use the blockchain to record transactions, but where cryptocurrency creates interchangeable (or “fungible”) tokens, NFTs create unique, noninterchangeable tokens with distinct identifiers....Read more

Law Glossary

How Does an Applicant Establish Biosimilarity?

An applicant typically demonstrates biosimilarity based on non-clinical analyses that focus on the structure and functional differences between the biosimilar and reference product....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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