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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.
Practice Area
Environmental, Social & Governance (ESG)
Winston’s Environmental, Social, & Governance (ESG) Advisory Team synthesizes the firm’s multidisciplinary experience to help boards, management teams, and investors oversee the complete spectrum of ESG-related legal and business issues.
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.
Experience 3 results
Experience
|November 9, 2023
Winston advised Grupo Energía Bogotá (GEB) in the first issuance of Sustainability Bonds in Colombia
Winston & Strawn LLP acted as U.S. counsel to Grupo Energía Bogotá S.A. E.S.P. (GEB) in connection with GEB’s inaugural sustainability bond offering of US$400M. GEB became the first company in Colombia to issue sustainability bonds in the international capital markets. The sustainability bonds were offered in the U.S. to qualified institutional buyers pursuant to Rule 144A and to investors outside the U.S. pursuant to Regulation S under the Securities Act. The proceeds were used to repay a portion of GEB’s existing debt and finance GEB’s investment plan for 2023-2027. As authorized by the Ministry of Finance and Public Credit of Colombia, an amount equal to the net proceeds will be allocated to finance or refinance eligible green projects and social projects pursuant to GEB’s Sustainable Financing Framework, including infrastructure for renewable energy transmission and energy efficiency.
Experience
|November 7, 2023
Winston & Strawn LLP represented Sociedad Química y Minera de Chile S.A. (SQM) in connection with its "green" bond offering of US$750M principal amount of 6.500% Notes due 2033 (the “Green Bonds”). The Green Bonds were offered in the United States to qualified institutional buyers pursuant to Rule 144A under the Securities Act and outside the United States pursuant to Regulation S under the Securities Act. The proceeds of the Green Bonds will be used to finance or refinance recently completed, ongoing or future eligible green projects with respect to lithium production capacity expansion for applications related to clean transportation and energy efficiency. Disbursements may cover project expenditures for up to 36 months preceding the issuance of the Green Bonds and until their maturity date. BofA Securities, Inc., J.P. Morgan Securities LLC and Santander US Capital Markets LLC (Confidential) acted as initial purchasers of the Green Bonds. SQM shares are traded on the Santiago Stock Exchange and its ADSs are traded on the New York Stock Exchange. Under SQM’s green bond Financing Framework, eligible green projects include expenditures for the development, expansion, operation and maintenance of projects for the extraction and processing of lithium and production of lithium hydroxide and lithium carbonate primarily dedicated to clean transportation and energy efficiency. Lithium is a critical component of the batteries to power electric vehicles that have become popular in response to climate change concerns, as well as batteries for energy storage.
Experience
|October 13, 2021
US$1.18B Green Financing for First North American Flood Prevention P3
In what is a first-of-its-kind project in the North American infrastructure market and among the largest climate change/resiliency projects in the world, Winston & Strawn LLP represented the underwriters of US$273.4M of tax-exempt private activity bonds (split into two tranches), the lenders on a US$642.56M revolving credit facility and the related interest rate swap providers, and the note purchasers of US$197.76M of privately placed secured notes, the proceeds of which will be used by Red River Valley Alliance, LLC (RRVA) to pay a portion of the costs incurred to design, construct, finance, operate, and maintain the Diversion Channel and Associated Infrastructure Work Package of the Fargo-Moorhead Metropolitan Area Flood Risk Management Project (the Project). RRVA established a framework that allowed the loans, notes, and bonds to be issued as “green,” which then allows allow for direct investment into debt that supports climate change adaptation and resilience projects – a novel arrangement in the current public-private partnership (P3) market. The Project involves a proposed 30-mile diversion channel, two aqueducts, two river inlets, drainage inlets, four railroad bridges, four interstate highway bridges, and 10 county road bridges, which will collectively help protect the Fargo-Moorhead-West Fargo metro area (Fargo, Cass County in North Dakota and Moorhead, Clay County in Minnesota) during times of flooding. In addition to the Project serving as the first flood management project in North America to be delivered as a P3, it serves as a blueprint for communities at risk of extreme flooding to similarly establish a flood risk mitigation protocol. With climate change expected to influence severe weather, including increased frequency and intensity of precipitation and exacerbated sea levels, both of which serve as catalysts to extreme flooding, the Project stands alone as a viable solution to minimizing damage to those communities situated in harm’s way.
Insights & News 481 results
Recognitions
|September 11, 2025
|Less Than 1 Min Read
Winston Partners Featured as Leaders in Law in The Secured Lender
Winston & Strawn partners Jordan Klein and Jason Bennett have been recognized in the September issue of The Secured Lender as Leaders in Law. This annual feature highlights the indispensable role attorneys play in shaping the secured finance industry—serving not only as advisors, but also as architects of the frameworks that allow businesses to access and deploy capital.
In the Media
|September 9, 2025
|1 Min Read
Winston & Strawn partner Chris Gavin spoke with Private Debt Investor to provide his insights into the evolving regulatory landscape surrounding residential transition loans (RTLs). With the ongoing challenges of building enough homes to keep pace with the demand in the U.S. housing market, private lenders are turning to residential transition loans, short-term bridge, construction, or renovation financing for real estate investors, to find new opportunities in the complex housing market.
The Reg E Reader
|September 2, 2025
|5 Min Read
Overdraft Practices Under Reg E: Regulatory Evolution, Compliance Risks, and Enforcement Trends
Overdraft fees have been a persistent concern for lawmakers and regulators since the rise of electronic banking in the late 20th century.
Other Results 23 results
Law Glossary
Privacy Shield is the segment of privacy law that covers compliance with the legal data protection requirements of the European Union (EU) and/or Switzerland. The U.S. has two Privacy Shield Frameworks that American organizations can join. The EU-U.S. Privacy Shield Framework was created by the Department of Commerce and the European Commission, while the Swiss-U.S. Privacy Shield Framework was designed by the Department of Commerce with the Swiss government.
Law Glossary
What Is the Approval Process for Generic Drugs?
Approval for generic drugs are governed by the Hatch-Waxman Act. The Hatch-Waxman Act provides the framework for an applicant to demonstrate that its proposed generic product is bioequivalent to the brand-name drug.
Law Glossary
Colloquially referred to as the “patent dance,” the BPCIA provides a framework that includes certain steps and a schedule during which the applicant and reference product sponsor exchange confidential information disclosed in the aBLA. During the patent dance, the applicant and sponsor identify the patents that could be litigated in the future during two potential phases of litigation. In the first phase, the sponsor can allege infringement of a subset of the patents identified during the patent dance. The second phase begins after the sponsor receives the Notice of Commercial Marketing from the applicant. During this second phase, the sponsor can assert any remaining patents that were not asserted in the first phase.