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Practice Area
Securities, M&A & Corporate Governance Litigation
In today’s market, litigators with experience in securities, corporate governance, and M&A-related (collectively, “securities litigation”) matters need to leverage their broad experience to serve as both advocate and as counsel and strategist, focused on helping clients to overcome not just a legal issue but a collective business problem. Given the frequent interplay between things such as corporate-control transactions, public offerings, activist shareholders, the use of complex derivatives and other financial instruments, bad news impacting stock performance, regulatory inquiries and investigations, and insurance coverage, strategic and tactical litigation decisions can have a wide-ranging impact on the success of a given transaction, as well as on companies, their boards, senior management, and advisors.
Industry
Winston has been a major player in the life sciences industry for decades. We represent market-leading clients across this broad sector, including companies involved in pharmaceuticals, biologics, biosimilars, biotechnology, and medical devices. Our attorneys are seasoned practitioners—many of whom have technical degrees in areas key to the life sciences sector, including biology, chemistry, pharmacy, and biomedical engineering—and bring a unique understanding of the industry and perspective to our representations.
Industry
The medical device industry is currently undergoing monumental change—from supply chain challenges to disruptive technologies and economic fluctuations. To pave the way for a more accessible and innovative health care landscape—including advances in wearables, implants, diagnostics, mobility, drug delivery—the evolving and expansive medical device industry faces wide-ranging legal needs. Clients in this sector can tap the remarkable depth and breadth of our sector-focused and skilled attorneys in the U.S. and abroad. Our Health Care & Life Sciences Industry Group engages clients at all points in the product development life cycle to provide sound advice and practical solutions regardless of the client’s size or the complexity of their need. We help clients navigate today’s complex regulatory landscape, defend products and reputations in the face of high-profile product liability and mass tort claims, protect innovative intellectual property (IP), and leverage cross-border experience to advise on commercial transactions.
Experience 1 result
Insights & News 8 results
Client Alert
|January 30, 2018
|6 Min Read
Plaintiffs Increasingly Pursuing Class Action Securities Fraud Claims Following Data Breaches
In the last few months, there have been a number of class action federal securities fraud complaints filed against companies that have disclosed data breaches or electronic information security vulnerabilities. In the past, well-publicized breaches triggered primarily shareholder derivative, state consumer protection, and common law actions. With some exceptions, most of those breaches did not lead to class action securities fraud claims—most likely because they did not precipitate meaningful stock price drops. Recent data breach disclosures, however, have been accompanied by relatively larger price drops, and thus, putative shareholder class action fraud suits asserting alleged violations of Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5, or in the case of plaintiffs that are able to connect their suit to a recent public securities offering, alleged violations of Sections 11 and/or 12(a)(2) of the Securities Act of 1933. See, e.g., Kuhns v. Equifax Inc., No. 1:17-cv-03463-TWT (N.D. Ga.) (complaint filed Sept. 8., 2017 following alleged approximately 16.8% stock price drop); Sgarlata v. Paypal Holdings, Inc., No. 3:17-cv-06956 (N.D. Cal.) (complaint filed Dec. 6, 2017 following alleged 5.75% stock price drop); Ranmath v. Qudian, No. 17-cv-9741 (S.D.N.Y.) (complaint filed Dec. 12, 2017 following alleged 45% drop in price of depositary shares); Alvira v. Intel Corp., No. 2:18-cv-00223 (C.D. Cal.) (complaint filed Jan. 10, 2018 following alleged 3.5% stock price drop).
Seminar/CLE
|June 23, 2015
The Real Deal Webinar Series: The Supreme Court and Your Business
A Real Deal webinar titled “The Supreme Court and Your Business” was held on June 23, 2015.
Client Success
|March 25, 2015
|2 Min Read
Winston Prevails for Omnicare in Landmark Supreme Court Securities Act Case
We successfully represented Omnicare and its officers and directors before the U.S. Supreme Court, securing a unanimous victory in the most important Securities Act case in decades. Plaintiffs alleged that Omnicare misrepresented its financial results and its legal compliance in a registration statement filed with the SEC. We succeeded in obtaining dismissal of plaintiffs' claims under Section 10(b) for failure to plead scienter, and that dismissal was affirmed on appeal. The plaintiffs then repleaded to focus on a strict liability claim under Section 11, based on Omnicare's stated belief that its business practices complied with the law.
Other Results 7 results
Location
Serving one of the world’s largest economies for over 20 years, Winston & Strawn’s Los Angeles office is home to more than 100 attorneys and professional staff. Under the guidance of Office Managing Partner Angela M. Machala, our L.A. office thrives as a dynamic and tightly knit community that celebrates diversity, with more than half of our L.A. attorneys identifying as women, racial/ethnic minorities, and/or LGBTQ+. Our L.A. lawyers—who are equally split between litigation and transactional work—advise 80+ Fortune 500 companies, which is a testament to the collaborative environment we’ve created to provide exceptional legal services.
Location
Winston & Strawn’s New York office opened in 1989 and has since grown to become the firm’s second-largest location, housing 200+ attorneys distributed across 24 practice areas. Based in the iconic MetLife Building above Grand Central Station in Midtown Manhattan, our New York lawyers represent 80+ Fortune 500 companies from the city’s business epicenter. Our New York attorneys are tenacious and insightful, and they reflect the diversity for which New York City is known—52% of the office’s attorneys identify as women, racial/ethnic minorities, and/or LGBTQ+, and several of them chair Winston affinity groups. Our New York office’s welcoming and collaborative atmosphere can be seen through numerous office-wide events, including volunteer opportunities, gatherings to connect over food and drinks, wellness event pop-ups, and annual entry in the NYC Lawyers Basketball League. Creating a connected and supportive setting for attorneys and staff fosters camaraderie and encourages all of us to work harder for one another and our clients.
Location
Since 1995, Winston & Strawn’s Paris office has provided a wide range of transactional and litigation legal services to its clients. Our 48+ Paris attorneys are multilingual and multicultural. Many of them have gained professional experience abroad and are well-versed in managing the cultural and legal nuances often present in legal matters involving multiple jurisdictions. They are recognized by The Legal 500 EMEA, Leaders League, Best Lawyers® in France, and Palmares du Droit.