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  1. Capabilities

Commercial Litigation & Disputes

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  • Overview
  • Experience

Key Contacts

Samantha LernerThomas B. Walsh
View Our Full Team

Resources

Class Action Insider

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® 2023. 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.

Our paramount goal is to meet our clients’ legal and business objectives. As a litigation powerhouse, we offer deep bench strength and experience to handle complex disputes—through both litigation and arbitration or trial and on to appeal—across the full range of legal issues. We have a proven ability to coordinate many matters simultaneously in the United States and beyond. We offer state-of-the-art technology solutions for cost-effective litigation management, including in-house eDiscovery tools and services for early case assessment and data collection, processing, hosting, and review.

At the core of our complex commercial litigation practice, we represent clients in negotiating, interpreting, terminating, and—when necessary—litigating and arbitrating contracts involving competitors, distributors, customers, vendors, and myriad other parties and counterparties. We defend and prosecute contractual claims and related tort, fraud, and statutory actions arising from all types of business agreements—such as purchasing and licensing deals, loan and insurance contracts, and trade secret and non-compete accords. We have deep experience litigating matters involving claims of breach of non-compete and non-disclosure agreements that often involve related trade-secret claims.

Our experience with business-to-business litigation also includes business torts, such as tortious interference with contract or prospective business relations; unfair competition; restraint of trade; misrepresentation/fraud; commercial disparagement and trade libel; and breach of fiduciary duty (in some instances), among other claims. We have particularly notable experience litigating widely reported defamation actions—for both plaintiffs and defendants—involving very substantial alleged damages exposure.

Key Contacts

Samantha LernerThomas B. Walsh
View Our Full Team

Winston proudly hosted the first Corporate Litigation Counsel Trial Advocacy Program sponsored by the American College of Trial Lawyers. The two-day program took place at Winston’s Chicago office, and was designed to further the ACTL’s commitment to professionalism and excellence in courtroom advocacy and to improve trust, confidence, and belief in the civil justice system.

Related Capabilities

Advertising Litigation
Antitrust/Competition
Class Actions & Group Litigation
eDiscovery & Information Governance
Environmental Litigation & Enforcement
Financial Services Litigation
Intellectual Property
Labor & Employment
Litigation/Trials
Product Liability & Mass Torts
Restructuring & Insolvency
Securities, M&A & Corporate Governance Litigation
Trade Secrets, Non Competes & Restrictive Covenants
Energy
Infrastructure

Recent Experience

Winston Secures Complete Defense Judgment for Alphatec in Prolonged Litigation Battle
Agreement Between 119 Institutional Investors and the Company Vivendi SE
NuVasive's Claims Dismissed: Alphatec Spine Wins Jury Verdict
Winston Defeats Halliburton Patent-Infringement Lawsuit Over Electric Fracking Technology at Trial in Waco
Secured Pivotal Summary Judgment Win for Pioneer Natural Resources in Environmental Contamination Dispute
Secured Settlement for Fox on Brink of Trial in High-Profile Defamation Litigation Brought by US Dominion Voting Systems
Secured Nearly US$105M Trial Victory Against Ford Motor Co.
Winston Resolves Class Action Involving Automotive Navigation Software Advertising Claims
First-of-its-Kind Slack-Fill Class Action Dismissed, Affirmed on Appeal
Secured Landmark Victory for BPI Against ABC News in Massive Defamation Case

Resources

Class Action Insider

Notable

“Top 20 Trial Law Firms” 

Benchmark Litigation US 2023

Seven Partners Named “Top 100 Trial Lawyers” 

Benchmark Litigation US 2025

National Tier 1 Ranking in Commercial Litigation

Best Law Firms® 2025
Benchmark Litigation US 2023

“Top 20 Trial Law Firms” 

Benchmark Litigation US 2025

Seven Partners Named “Top 100 Trial Lawyers” 

Best Law Firms® 2025

National Tier 1 Ranking in Commercial Litigation

Alternative Dispute Resolution

Our litigators routinely engage in a wide variety of alternative dispute resolution (ADR) proceedings, including mediation, arbitration, conciliation, neutral evaluation, and summary jury trial. In these proceedings, we not only rely upon our courtroom experience to spot outcome-determinative legal issues at a dispute’s earliest stage, we also utilize our years of experience in extrajudicial forums to navigate the unique rules and procedures inherent to using ADR successfully.

Alternative Dispute Resolution

Our litigators routinely engage in a wide variety of alternative dispute resolution (ADR) proceedings, including mediation, arbitration, conciliation, neutral evaluation, and summary jury trial. In these proceedings, we not only rely upon our courtroom experience to spot outcome-determinative legal issues at a dispute’s earliest stage, we also utilize our years of experience in extrajudicial forums to navigate the unique rules and procedures inherent to using ADR successfully.

Client SuccessWinston Brings High-Exposure Breach of Contract Case Against Client Pioneer Natural Resources to an End With a Stunning, Precedential Summary Judgment Victory
Winston & Strawn secured a major win for Pioneer Natural Resources, a Fortune 150 company, on summary judgment in a high-stakes breach of contract case brought by MIECO LLC, alleging failure to supply natural gas during Winter Storm Uri.
Learn More
Client SuccessWinston Brings High-Exposure Breach of Contract Case Against Client Pioneer Natural Resources to an End With a Stunning, Precedential Summary Judgment Victory
Winston & Strawn secured a major win for Pioneer Natural Resources, a Fortune 150 company, on summary judgment in a high-stakes breach of contract case brought by MIECO LLC, alleging failure to supply natural gas during Winter Storm Uri.
Learn More

Related Insights & News

View All Insights & News
Recognitions
Winston Partners Featured on the 2025 Lawdragon 500 Leading Global Cyber Lawyers 2025

May 7, 2025

Recognitions
Winston Attorneys Named to D Magazine’s 2025 Best Lawyers in Dallas List

May 6, 2025

Recognitions
Steve D’Amore and Samuel Mendenhall Named to Crain’s Chicago Business’ 2025 Notable Litigators & Trial Attorneys List

April 21, 2025

Recognitions
Winston Partners Featured on the 2025 Lawdragon 100 Managing Partners You Need to Know List

April 4, 2025

Recognitions
Winston & Strawn Paris Recognized in The Legal 500 EMEA 2025

March 26, 2025

Recognitions
Winston Attorneys Featured on the 2025 Lawdragon 100 Lawyers You Need to Know in South America List

March 21, 2025

Recognitions
Winston Attorneys Inducted Into the 2025 Lawdragon Hall of Fame

February 2, 2025

Recognitions

Winston Attorneys Featured on the 2025 Lawdragon 500 Leading Global Antitrust & Competition Lawyers List

January 30, 2025

Recognitions
Winston Attorneys Featured on the 2025 Lawdragon 500 Leading Lawyers in America List

January 14, 2025

Recognitions
Winston Attorneys Named to D Magazine’s 2025 Best Lawyers Under 40 List

January 9, 2025

Article
An Underutilized Tool To Dismiss Meritless Claims In Texas

December 18, 2024

Speaking Engagement
Alexandra Chopin Speaks on “Top 10 Negotiating Mistakes Litigators Make”

November 19, 2024

Recognitions
Winston Partners Featured on the 2025 Lawdragon 500 Leading Global Cyber Lawyers 2025
May 7, 2025
Recognitions
Winston Attorneys Named to D Magazine’s 2025 Best Lawyers in Dallas List
May 6, 2025
Recognitions
Steve D’Amore and Samuel Mendenhall Named to Crain’s Chicago Business’ 2025 Notable Litigators & Trial Attorneys List
April 21, 2025
Recognitions
Winston Partners Featured on the 2025 Lawdragon 100 Managing Partners You Need to Know List
April 4, 2025
Recognitions
Winston & Strawn Paris Recognized in The Legal 500 EMEA 2025
March 26, 2025
Recognitions
Winston Attorneys Featured on the 2025 Lawdragon 100 Lawyers You Need to Know in South America List
March 21, 2025
Recognitions
Winston Attorneys Inducted Into the 2025 Lawdragon Hall of Fame
February 2, 2025
Recognitions

Winston Attorneys Featured on the 2025 Lawdragon 500 Leading Global Antitrust & Competition Lawyers List

January 30, 2025
Recognitions
Winston Attorneys Featured on the 2025 Lawdragon 500 Leading Lawyers in America List
January 14, 2025
Recognitions
Winston Attorneys Named to D Magazine’s 2025 Best Lawyers Under 40 List
January 9, 2025
Article
An Underutilized Tool To Dismiss Meritless Claims In Texas
December 18, 2024
Speaking Engagement
Alexandra Chopin Speaks on “Top 10 Negotiating Mistakes Litigators Make”
November 19, 2024
View All Insights & News
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