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  • Professionals (80)
  • Capabilities (40)
  • Experience (17)
  • Insights & News (1,044)
  • Other Results (27)

Professionals 80 results

Jeffrey L. Kessler
Jeffrey L. Kessler
Partner
  • New York
Email
+1 212-294-4698
vCard

Partner

  • New York
Susan Nash
Susan Nash
Partner
  • Chicago
Email
+1 312-558-8086
vCard

Partner

  • Chicago
Emilie Woodhead
Emilie Woodhead
Of Counsel
  • Los Angeles
Email
+1 213-615-1823
vCard

Of Counsel

  • Los Angeles
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Capabilities 40 results

Industry

Sports

Winston has one of the world’s premier sports law practices. Our work has included some of the most famous legal matters in sports history—including Alston v. NCAA, the case that culminated in a 9–0 Supreme Court victory for the college players against the NCAA; the US$2.15B Los Angeles Dodgers acquisition; McNeil v. the NFL, the landmark antitrust jury trial that led to the establishment of free agency in the NFL; the multi-billion-dollar construction and permanent financings for SoFi Stadium; and Morgan v. USSF, the case that led to a historic equal pay settlement for the players on the Women’s National Team. Our work is transforming this global, multibillion-dollar industry....Read more

Industry

Medical Devices

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 healthcare 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 Healthcare & 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....Read more

Industry

FinTech, Banking & Payments

Financial services companies in the financial technology (FinTech) space are contributing to rapid technological advances and innovation in the development, offering, and delivery of core financial products and services. Winston’s FinTech, Banking & Payments attorneys support these companies throughout the entire FinTech business life cycle, from proof of concept through maturity, including federal and state licensing and registration, regulatory compliance and risk management, structured finance, M&A, and private equity, intellectual property (IP) management, and supervision and enforcement. Our clients include banks, FinTech companies, private equity and other investors, money services businesses, trust companies, consumer finance companies, investment advisers, and other financial firms....Read more

Experience 17 results

Experience

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January 27, 2026

PayPal Successfully Invalidates Asserted Claims of Secure Payment Transaction Patent Under 35 U.S.C. § 101

Winston & Strawn secured a decisive victory for PayPal in an intellectual property dispute brought by Irish non-practicing entity Internet Payment Patents LTD (IPPL). Magistrate Judge Susan van Keulen of the Northern District of California entered final judgment in PayPal’s favor, finding all asserted patent claims ineligible under 35 U.S.C. § 101 and granting PayPal’s motion to dismiss without leave to amend....Read more

Experience

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April 30, 2025

Federal Circuit Backs PayPal

In December 2022, Winston convinced Judge Albright of the W.D. Tex. to reverse his tentative construction and invalidate four patents based on means-plus-function indefiniteness at claim construction in the district court. Winston also persuaded Judge Albright to deny Fintiv’s motion for reconsideration the next month. Fintiv appealed to the Federal Circuit, which affirmed the district court in a precedential opinion in April 2025. Winston overcame a significant amount of sleight of hand from Fintiv, which continually shifted the purported structure of the “payment handler” term through claim construction, its motion for reconsideration, and appellate briefs, muddying the record. Ultimately the opinion clearly distinguished the factual record from that in Dyfan v. Target, curbing patentees abilities to argue that all code or applications are a “class of structures” and not indefinite under 112(f). The Federal Circuit affirmed four of the five patents Winston invalidated for PayPal, effectively foreclosing Fintiv’s ability to revive these patents for assertion. Winston also invalidated the fifth patent at the PTAB; Fintiv’s appeal of that Final Written Decision is pending....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
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Insights & News 1,044 results

Global Trade & Foreign Policy Insights

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February 23, 2026

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10+ Min Read

Cari’s Legal Exchange: Navigating Evolving ICE Enforcement

In this episode of Cari’s Legal Exchange, Cari speaks with Damien Diggs, who shares practical insights on evolving ICE workplace enforcement, including how employers can prepare for inspections or raids, respond during enforcement actions, and what obligations and best practices apply after an inspection.

Benefits Blast

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February 17, 2026

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9 Min Read

New Transparency Requirements for Pharmacy Benefit Managers: What Group Health Plan Sponsors Need to Know

Recent developments at the federal legislative and regulatory levels signal a significant shift toward greater transparency requirements in the pharmacy benefit management (PBM) industry.

Winston’s Environmental Law Update

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February 11, 2026

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7 Min Read

Packaging EPR Regulations Sputter, as Preliminary Injunction Is Issued for Oregon’s Law, While California Again Withdraws Its Proposed Implementing Regulations

Seven states have passed Extended Producer Responsibility (EPR) laws related to single-use packaging and plastic food serviceware, with other states considering similar legislation. The intent of these laws is to hold the producers of covered materials financially responsible for their ultimate disposal. Certain states are also requiring the reduction of plastic or non-recyclable plastic used in these materials over time. Legislation is in various stages of implementation, and Oregon is the first state to issue fees to producers. In connection with a legal challenge to Oregon’s EPR program, a court recently granted a preliminary injunction, preventing Oregon from enforcing the law against the plaintiff (an industry group) pending resolution of the case. Meanwhile, CalRecycle continues to struggle with finalizing its proposed regulations implementing California’s EPR law, this time withdrawing its proposed regulations to tinker with provisions related to food and agricultural commodities.

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Other Results 27 results

Site Content

What Is Tax Evasion?

Tax evasion is the failure to pay or the deliberate underpayment of federal income taxes. The U.S. income tax system is based on voluntary compliance, and it is the taxpayer’s responsibility to report all income and to pay all taxes due. Tax evasion is a known violation of a legal duty, and may result in monetary penalties, imprisonment, or both....Read more

Site Content

What Is Anti-Bribery and Corruption?

The terms anti-bribery and anti-corruption encompass the laws, agreements, or policies aimed at stopping or punishing all forms of bribery and corruption. For example, under the Foreign Corrupt Practices Act (FCPA), it is unlawful for a U.S. person or company to offer, pay, or promise to pay money or anything of value to a foreign official for the purpose of corruptly obtaining or retaining business....Read more

Law Glossary

What Is the Copyright Royalty Board?

The U.S. Copyright Royalty Board (CRB) is a three-judge panel that functions as an independent unit within the Library of Congress. It performs the duties specified in the Copyright Royalty and Distribution Reform Act. The Act established statutory licenses that let approved parties utilize certain types of copyrighted works by paying a set royalty, without having to request an individual copyright license from each rights-holder. The CRB sets, and periodically adjusts, the rates and terms of the statutory licenses, and can also make determinations on the distribution of statutory license royalties collected by the U.S. Copyright Office. For example, the judges can determine, for a five-year period, the rates musical performers receive when their works are played via digital services. When licensors and licensees cannot reach rate agreements on their own, the CRB hears testimony from the various parties and then sets the rates. CRB Judges serve six-year terms. The first CRB judges were appointed by the Librarian of Congress in 2006....Read more
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