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Capabilities 87 results

Practice Area

Product Liability & Mass Torts

Major multinational companies trust Winston to defend their products and reputations in high-profile, high-stakes product liability and mass tort claims. Our Product Liability & Mass Torts Practice is one of the industry’s most seasoned, with a deep bench of experienced lawyers and a unique combination of extensive trial experience and expansive technical knowledge....Read more

Industry

Energy Industry Litigation & Investigations

With our reputation as a trial lawyers’ firm serving as our foundation, we advocate for a variety of power producers, oil and gas companies, and oilfield services providers in high-stakes litigation throughout U.S. district and appellate courts. We also handle sensitive investigations, contentious regulatory and enforcement issues, and arbitration. Our bench is stacked with innovative legal and commercial problem solvers, many of whom came to Winston from in-house positions, amplifying their appreciation for C-suite complexities. By combining our knowledge of the energy industry with first-rate trial skills, and the experience our practitioners have gained from learning our clients’ businesses, we are positioned to obtain the best result for our clients efficiently—whether in the courtroom or a negotiated solution....Read more

Practice Area

Advertising Litigation

Brands across key sectors turn to Winston litigators to defend their reputations in advertising class actions, competitor disputes, and investigations. With litigators based in the U.S.’s busiest jurisdictions—including courts in California, Florida, Illinois, New York, and Texas—we have deep experience and prowess in handling some of the most high-profile and business-essential advertising cases in recent history. These disputes have involved false advertising; unfair competition, unfair business practices, and unjust enrichment; copyright, trade name, and service mark infringement; consumer-protection claims; and violations of the Lanham Act....Read more

Insights & News 4,821 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.

Recognitions

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June 12, 2025

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1 Min Read

Winston & Strawn Recognized in The Legal 500 U.S. 2025

Winston & Strawn is recognized as a top-tier firm in five areas and recommended in an additional 45 categories in the 2025 edition of The Legal 500 U.S. In addition, eight lawyers are listed in the Hall of Fame, four lawyers are recognized as Leading Trial Lawyers, 16 partners were ranked as Leading Partners, four associates are ranked as Leading Associates, one partner is ranked as a Leading Lawyer, five lawyers are recognized as Next Generation Partners, and two lawyers are listed as Rising Stars. A total of 186 lawyers are mentioned by name in Legal 500 United States commentary for their standout contribution to respective practices....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 143 results

Law Glossary

What Are Interchangeable Biological Products?

A biological product is interchangeable if it is biosimilar to the reference product and is expected to produce the same clinical result as the reference product in any given patient. A biosimilar product that is deemed to be interchangeable by the FDA means the biosimilar product can be substituted for the reference product by a pharmacist without consulting the prescriber. The specific requirements for substitution vary by state....Read more

Law Glossary

What Is Advertising Litigation?

Advertising litigation is defined as the legal area that covers false or deceptive advertising cases. Lawsuits may be brought by government agencies or corporate competitors based on the Lanham Act—a law that specifically deals with false advertising. The Act outlines how an advertisement can be deemed false. The Federal Trade Commission (FTC) has the ability to file lawsuits to halt deceptive advertising claims. The U.S. Food and Drug Administration may also pursue advertising litigation against violators of government regulations. Companies may be called on to substantiate their advertising claims, whether these are made in print or online....Read more

Site Content

What Is General Causation?

In the product liability context, general causation is the legal and scientific determination of whether the product in question has the inherent capability to cause the alleged injury under certain circumstances. Establishment of general causation is a critical aspect of a plaintiff’s case, and typically requires scientific evidence, such as epidemiology or toxicology, and expert testimony to establish a causal connection between the product’s design, manufacturing, or warnings and the injury or injuries at issue. As contrasted to specific causation, the focus in a general causation inquiry is on whether the product or exposure, as a general matter, can cause the type of injury claimed by the plaintiff. A general causation inquiry does not assess any facts unique to a particular plaintiff....Read more
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