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Linda T. Coberly

Partner in Chicago

Chicago Managing Partner, & Co-Chair of Appellate & Critical Motions Practice

Admissions

  • Illinois

Clerkships

  • USCA - D.C. Circuit for the Honorable Chief Judge Douglas H. Ginsburg
  • US Supreme Court for the Honorable Justice Stephen G. Breyer

Court Admissions

  • U.S. Supreme Court
  • Federal Circuit Court of Appeals
  • USCA – 2nd Circuit
  • USCA - 4th Circuit
  • USCA - 5th Circuit
  • USCA – 6th Circuit
  • USCA – 7th Circuit
  • USCA - 8th Circuit
  • USCA - 9th Circuit
  • USCA – 11th Circuit
  • Northern District of Illinois
  • District of Colorado
  • 10th Circuit Bankruptcy Appellate Panel

Education

Languages

  • English

Linda Coberly is the managing partner of Winston & Strawn LLP’s oldest and largest office. She is a partner in the firm’s Litigation Department and chairs Winston’s Appellate and Critical Motions Practice. She also serves on the firm’s Executive Committee.

Linda focuses her practice on appeals and on critical motions that resolve complex commercial lawsuits before trial. She is known for her strong business sense, excellent briefs, and clear and compelling oral advocacy. She counsels clients on appellate and strategic issues at all stages of litigation, from before trial through and including proceedings before the U.S. Supreme Court. She has briefed and argued appeals in six different federal courts of appeals and a variety of state appellate and supreme courts.

Linda has extensive experience in corporate fraud and securities litigation—including defending issuers, auditors, and others in tort and securities fraud actions following allegations of fraud. These cases frequently implicate complex issues of pleading, class certification, agency law, damages, standing, and loss causation—as well as the doctrine of in pari delicto, which arises whenever a corporation or trustee attempts to sue a third party for a fraud committed by the corporation’s own management. Linda has been at the forefront of some of the most high-profile cases in these areas.

A significant portion of Linda’s practice centers on advising and representing clients with regard to proceedings in the U.S. Supreme Court, drawing upon her experience as a law clerk to Justice Stephen G. Breyer on the Supreme Court and to Judge Douglas H. Ginsburg on the D.C. Circuit. She also frequently represents amici in important business cases before the Court.

Experience

Recent Supreme Court Matters:

  • Kokocinski v. Collins (U.S. Sup. Ct. 2018): Successful opposition to a petition for certiorari that purported to allege a split of authority concerning the appropriate standard of appellate review for the dismissal of a shareholder derivative action at the recommendation of a special litigation committee
  • Hamer v. Neighborhood Housing Services of Chicago (U.S. S. Ct. 2017): Representation on the merits in a matter involving whether Rule 4(a)(5)(C) of the Federal Rules of Appellate Procedure is constitutional
  • Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund (U.S. Sup. Ct. 2013): Victory for our client in seeking certiorari and on the merits in a high-profile case about pleading falsity for claims under Section 11 of the Securities Act of 1933
  • Fung & IsoHunt Web Technologies v. Columbia Pictures Industries (U.S. Sup. Ct. 2013): Petition for certiorari on behalf of a client using BitTorrent technology in a case concerning the standards for secondary copyright infringement liability under Grokster

  • Willis of Colorado Inc. v. Troice (U.S. Sup. Ct. 2013): Amicus briefs for DRI in support of certiorari and on the merits in a case concerning the scope of preclusion under the Securities Litigation Uniform Standards Act of 1998 (SLUSA)

  • American Express Company v. Italian Colors Restaurant (U.S. Sup. Ct. 2013): Amicus brief for the Financial Services Roundtable, advocating the winning position in a case concerning arbitration clauses and federal statutory claims

  • CompuCredit Corp. v. Greenwood (U.S. Sup. Ct. 2012): Amicus brief for DRI in a case involving arbitrability of certain statutory claims

  • Chamber of Commerce v. Whiting (U.S. Sup. Ct. 2011): Amicus brief in support of the Chamber’s challenge to Arizona’s immigration enforcement scheme

  • Free Enterprise Fund v. Public Company Accounting Oversight Board (U.S. Sup. Ct. 2010): Amicus brief supporting a successful challenge to the constitutionality of the portions of the Sarbanes-Oxley Act establishing the Public Company Accounting Oversight Board (PCAOB)

Selected Appellate Victories:

  • Oregon Public Employees Retirement Fund v. Apollo Group Inc. F.3d  (9th Cir. 2014) (argued) Represented Apollo Group, the parent company of the University of Phoenix, in a putative securities class action asserting claims under Section 10(b) based on alleged false statements related to Apollo’s enrollment, revenue growth, and recruiting practices. The suit was dismissed on its merits, and Winston’s appellate group was retained to defend the dismissal on appeal. The Ninth Circuit affirmed the dismissal in all respects in a published decision, concluding that the plaintiffs had failed to plead a material misstatement or omission, loss causation, or scienter. The decision is the first in the Ninth Circuit to hold that loss causation must be pleaded with specificity under Federal Rule of Civil Procedure 9(b), though the court recognized that the plaintiffs’ allegations would have been insufficient under Rule 8(a) as well.

  • Effie Film, LLC v. Murphy,  Fed.Appx. , 2014 WL 1797466 (2d Cir. May 7, 2014) (argued) Obtained an appellate victory on behalf of the producer of Emma Thompson’s upcoming film Effie Gray, defeating claims that Ms. Thompson’s screenplay infringed a copyright. The screenplay tells the story of the love triangle involving Effie Gray, Victorian art critic John Ruskin, and painter John Everett Millais. The producer of the film brought a successful declaratory judgment action to resolve claims of copyright infringement brought by a playwright who had written a play based on the same historical figures. The Second Circuit rejected Murphy’s appeal in all respects, paving the way for the film’s release.

  • Kirschner v. KPMG, et al., 15 N.Y. 3d 446 (on certification), and 626 F.3d 673 (2d Cir. 2010) (argued) Won an outright dismissal of a $2 billion malpractice and aiding and abetting lawsuit against an accounting firm by a litigation trustee appointed in the bankruptcy of brokerage giant Refco, and secured a critical precedent for defendants on the issue of in pari delicto in corporate fraud cases.

Honors & Awards

Linda is one of the nation’s top appellate lawyers, as recognized by Chambers USA (2012, 2014–2018), The Legal 500 U.S. (2018), and U.S. News and Best Lawyers (2013–2018). She was recommended by Legal 500 (2015 and 2016), which also ranked Winston & Strawn in the top tier of firms for appellate practice. Linda was named an Illinois Litigation Star in the 2015 and 2016 editions of Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys. She is listed among Lawdragon’s 500 Leading Lawyers in America (2016) and has been recognized as an Illinois “Super Lawyer” in the area of appellate practice for more than 10 years. In 2011, Linda was named by The American Lawyer as one of the “45 Under 45,” a list of the best women lawyers under 45 in the Am Law 200. And with Linda’s leadership, Winston’s Appellate and Critical Motions Practice was named among only 20 appellate practices nationally on The National Law Journal’s 2014 “Appellate Hot List.”

Recently, Chicago Business Journal recognized Linda on its list of “Women of Influence” for 2017, based upon her impact professionally and as a leader in the Chicago community. In 2015, she was shortlisted by Chambers and Partners for the Chambers Women in Law Awards, USA, as a finalist in the category of “Outstanding Contribution to Furthering the Advancement of Women in the Law.” She was also honored with the Illinois Diversity Council’s 2014 “Leadership Excellence Award,” designed to recognize those who have shown exemplary leadership in their firms and communities and who serve as champions of their organizations’ efforts relating to diversity and inclusion.

In recognition of her pro bono work in the area of immigrant justice and human rights, Linda was the recipient of the 2014 “Human Rights Practitioner Award” from the National Immigrant Justice Center.

Activities

Linda serves as a member and immediate past Chair of the Board of Directors of Heartland Alliance for Human Needs and Human Rights, the largest human rights and anti-poverty organization in the Midwest. She also serves on the Board of Trustees of Chicago’s Goodman Theater. She is a member of the Chicago Bar Association, as well as of the Appellate Advocacy Committee of the Defense Research Institute. She is also a member of the Chicago Network, a by-invitation-only organization of women leaders in Chicago who have reached the highest levels of their organizations in business, nonprofits, the arts, government, and academia. 

Credentials

Linda received an A.B. from Princeton University, and a J.D., magna cum laude, from the University of Michigan Law School, where she served as editor-in-chief of the Michigan Law Review and was a member of the Order of the Coif.

Publications & Speaking Engagements

Speeches:

  • “Extraterritorial Jurisdiction,” panel presentation to 150 judges at National Foundation for Judicial Excellence Institute, July 2017
  • “Is There Really a Confidence Gap?” panel presentation at National Association of Women Lawyers Annual Meeting, July 2017
  • “Managing Diversity & Inclusion in the Legal Profession,” panel presentation to ChiWIP with in-house counsel from Baxter and BP, July 2017
  • “Lessons in Leadership,” presentation to the CBA’s Alliance for Women, April 2017
  • “Cultural Innovations with Impact,” presentation to the Diversity & Flexibility Alliance Annual Conference, March 2017
  • “U.S. Supreme Court Developments,” panel presentation at the DRI Corporate Counsel Roundtable, January 2017
  • “An Interview with Judge Diane Wood,” Northwestern Complex Commercial Litigation Conference, November 2016
  • “Litigating an Accountants’ Liability Case,” panel presentation at ALI’s Accountants’ Liability Conference, September 2016

Linda T. Coberly

Partner in Chicago

Chicago Managing Partner, & Co-Chair of Appellate & Critical Motions Practice

Linda Coberly is the managing partner of Winston & Strawn LLP’s oldest and largest office. She is a partner in the firm’s Litigation Department and chairs Winston’s Appellate and Critical Motions Practice. She also serves on the firm’s Executive Committee.

Linda focuses her practice on appeals and on critical motions that resolve complex commercial lawsuits before trial. She is known for her strong business sense, excellent briefs, and clear and compelling oral advocacy. She counsels clients on appellate and strategic issues at all stages of litigation, from before trial through and including proceedings before the U.S. Supreme Court. She has briefed and argued appeals in six different federal courts of appeals and a variety of state appellate and supreme courts.

Linda has extensive experience in corporate fraud and securities litigation—including defending issuers, auditors, and others in tort and securities fraud actions following allegations of fraud. These cases frequently implicate complex issues of pleading, class certification, agency law, damages, standing, and loss causation—as well as the doctrine of in pari delicto, which arises whenever a corporation or trustee attempts to sue a third party for a fraud committed by the corporation’s own management. Linda has been at the forefront of some of the most high-profile cases in these areas.

A significant portion of Linda’s practice centers on advising and representing clients with regard to proceedings in the U.S. Supreme Court, drawing upon her experience as a law clerk to Justice Stephen G. Breyer on the Supreme Court and to Judge Douglas H. Ginsburg on the D.C. Circuit. She also frequently represents amici in important business cases before the Court.

Honors and Awards

Chambers USA
Chambers and Partners
Legal
500
The Legal 500 United States
Litigation
Star
Benchmark Litigation
Tier 1
National
Best
Law Firm
U.S. News – Best Lawyers®
Appellate
Hot List
The National Law Journal
Listed
Chicago
Super
Lawyers
Super Lawyers
Lawdragon
500
Lawdragon Magazine
Best Lawyers
Best Lawyers in America

Linda is one of the nation’s top appellate lawyers, as recognized by Chambers USA (2012, 2014–2018), The Legal 500 U.S. (2018), and U.S. News and Best Lawyers (2013–2018). She was recommended by Legal 500 (2015 and 2016), which also ranked Winston & Strawn in the top tier of firms for appellate practice. Linda was named an Illinois Litigation Star in the 2015 and 2016 editions of Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys. She is listed among Lawdragon’s 500 Leading Lawyers in America (2016) and has been recognized as an Illinois “Super Lawyer” in the area of appellate practice for more than 10 years. In 2011, Linda was named by The American Lawyer as one of the “45 Under 45,” a list of the best women lawyers under 45 in the Am Law 200. And with Linda’s leadership, Winston’s Appellate and Critical Motions Practice was named among only 20 appellate practices nationally on The National Law Journal’s 2014 “Appellate Hot List.”

Recently, Chicago Business Journal recognized Linda on its list of “Women of Influence” for 2017, based upon her impact professionally and as a leader in the Chicago community. In 2015, she was shortlisted by Chambers and Partners for the Chambers Women in Law Awards, USA, as a finalist in the category of “Outstanding Contribution to Furthering the Advancement of Women in the Law.” She was also honored with the Illinois Diversity Council’s 2014 “Leadership Excellence Award,” designed to recognize those who have shown exemplary leadership in their firms and communities and who serve as champions of their organizations’ efforts relating to diversity and inclusion.

In recognition of her pro bono work in the area of immigrant justice and human rights, Linda was the recipient of the 2014 “Human Rights Practitioner Award” from the National Immigrant Justice Center.

Activities

Linda serves as a member and immediate past Chair of the Board of Directors of Heartland Alliance for Human Needs and Human Rights, the largest human rights and anti-poverty organization in the Midwest. She also serves on the Board of Trustees of Chicago’s Goodman Theater. She is a member of the Chicago Bar Association, as well as of the Appellate Advocacy Committee of the Defense Research Institute. She is also a member of the Chicago Network, a by-invitation-only organization of women leaders in Chicago who have reached the highest levels of their organizations in business, nonprofits, the arts, government, and academia. 

Linda received an A.B. from Princeton University, and a J.D., magna cum laude, from the University of Michigan Law School, where she served as editor-in-chief of the Michigan Law Review and was a member of the Order of the Coif.

Education

University of Michigan
JD, 1995
Princeton University
BA, 1989

Clerkships

D.
D.C.
USCA - D.C. Circuit for the Honorable Chief Judge Douglas H. Ginsburg
U.S.
US Supreme Court for the Honorable Justice Stephen G. Breyer

Admissions

IL
Illinois

Languages

en
English

Court Admissions

U.S.
U.S. Supreme Court
FED.
CIR.
Federal Circuit Court of Appeals
2d
Cir.
USCA – 2nd Circuit
4th
Cir.
USCA - 4th Circuit
5th
Cir.
USCA - 5th Circuit
6th
Cir.
USCA – 6th Circuit
7th
Cir.
USCA – 7th Circuit
8th
Cir.
USCA - 8th Circuit
9th
Cir.
USCA - 9th Circuit
11th
Cir.
USCA – 11th Circuit
N.D.
Ill.
Northern District of Illinois
D.
Colo.
District of Colorado
10th Cir.
Bankr.
10th Circuit Bankruptcy Appellate Panel

Recent Supreme Court Matters:

  • Kokocinski v. Collins (U.S. Sup. Ct. 2018): Successful opposition to a petition for certiorari that purported to allege a split of authority concerning the appropriate standard of appellate review for the dismissal of a shareholder derivative action at the recommendation of a special litigation committee
  • Hamer v. Neighborhood Housing Services of Chicago (U.S. S. Ct. 2017): Representation on the merits in a matter involving whether Rule 4(a)(5)(C) of the Federal Rules of Appellate Procedure is constitutional
  • Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund (U.S. Sup. Ct. 2013): Victory for our client in seeking certiorari and on the merits in a high-profile case about pleading falsity for claims under Section 11 of the Securities Act of 1933
  • Fung & IsoHunt Web Technologies v. Columbia Pictures Industries (U.S. Sup. Ct. 2013): Petition for certiorari on behalf of a client using BitTorrent technology in a case concerning the standards for secondary copyright infringement liability under Grokster

  • Willis of Colorado Inc. v. Troice (U.S. Sup. Ct. 2013): Amicus briefs for DRI in support of certiorari and on the merits in a case concerning the scope of preclusion under the Securities Litigation Uniform Standards Act of 1998 (SLUSA)

  • American Express Company v. Italian Colors Restaurant (U.S. Sup. Ct. 2013): Amicus brief for the Financial Services Roundtable, advocating the winning position in a case concerning arbitration clauses and federal statutory claims

  • CompuCredit Corp. v. Greenwood (U.S. Sup. Ct. 2012): Amicus brief for DRI in a case involving arbitrability of certain statutory claims

  • Chamber of Commerce v. Whiting (U.S. Sup. Ct. 2011): Amicus brief in support of the Chamber’s challenge to Arizona’s immigration enforcement scheme

  • Free Enterprise Fund v. Public Company Accounting Oversight Board (U.S. Sup. Ct. 2010): Amicus brief supporting a successful challenge to the constitutionality of the portions of the Sarbanes-Oxley Act establishing the Public Company Accounting Oversight Board (PCAOB)

Selected Appellate Victories:

  • Oregon Public Employees Retirement Fund v. Apollo Group Inc. F.3d  (9th Cir. 2014) (argued) Represented Apollo Group, the parent company of the University of Phoenix, in a putative securities class action asserting claims under Section 10(b) based on alleged false statements related to Apollo’s enrollment, revenue growth, and recruiting practices. The suit was dismissed on its merits, and Winston’s appellate group was retained to defend the dismissal on appeal. The Ninth Circuit affirmed the dismissal in all respects in a published decision, concluding that the plaintiffs had failed to plead a material misstatement or omission, loss causation, or scienter. The decision is the first in the Ninth Circuit to hold that loss causation must be pleaded with specificity under Federal Rule of Civil Procedure 9(b), though the court recognized that the plaintiffs’ allegations would have been insufficient under Rule 8(a) as well.

  • Effie Film, LLC v. Murphy,  Fed.Appx. , 2014 WL 1797466 (2d Cir. May 7, 2014) (argued) Obtained an appellate victory on behalf of the producer of Emma Thompson’s upcoming film Effie Gray, defeating claims that Ms. Thompson’s screenplay infringed a copyright. The screenplay tells the story of the love triangle involving Effie Gray, Victorian art critic John Ruskin, and painter John Everett Millais. The producer of the film brought a successful declaratory judgment action to resolve claims of copyright infringement brought by a playwright who had written a play based on the same historical figures. The Second Circuit rejected Murphy’s appeal in all respects, paving the way for the film’s release.

  • Kirschner v. KPMG, et al., 15 N.Y. 3d 446 (on certification), and 626 F.3d 673 (2d Cir. 2010) (argued) Won an outright dismissal of a $2 billion malpractice and aiding and abetting lawsuit against an accounting firm by a litigation trustee appointed in the bankruptcy of brokerage giant Refco, and secured a critical precedent for defendants on the issue of in pari delicto in corporate fraud cases.

Speeches:

  • “Extraterritorial Jurisdiction,” panel presentation to 150 judges at National Foundation for Judicial Excellence Institute, July 2017
  • “Is There Really a Confidence Gap?” panel presentation at National Association of Women Lawyers Annual Meeting, July 2017
  • “Managing Diversity & Inclusion in the Legal Profession,” panel presentation to ChiWIP with in-house counsel from Baxter and BP, July 2017
  • “Lessons in Leadership,” presentation to the CBA’s Alliance for Women, April 2017
  • “Cultural Innovations with Impact,” presentation to the Diversity & Flexibility Alliance Annual Conference, March 2017
  • “U.S. Supreme Court Developments,” panel presentation at the DRI Corporate Counsel Roundtable, January 2017
  • “An Interview with Judge Diane Wood,” Northwestern Complex Commercial Litigation Conference, November 2016
  • “Litigating an Accountants’ Liability Case,” panel presentation at ALI’s Accountants’ Liability Conference, September 2016

Thought Leadership

Videos

Linda T. Coberly

Partner in Chicago

Admissions

  • Illinois

Clerkships

  • USCA - D.C. Circuit for the Honorable Chief Judge Douglas H. Ginsburg
  • US Supreme Court for the Honorable Justice Stephen G. Breyer

Court Admissions

  • U.S. Supreme Court
  • Federal Circuit Court of Appeals
  • USCA – 2nd Circuit
  • USCA - 4th Circuit
  • USCA - 5th Circuit
  • USCA – 6th Circuit
  • USCA – 7th Circuit
  • USCA - 8th Circuit
  • USCA - 9th Circuit
  • USCA – 11th Circuit
  • Northern District of Illinois
  • District of Colorado
  • 10th Circuit Bankruptcy Appellate Panel

Education

Linda Coberly chairs the firm’s Appellate and Critical Motions practice and focuses her practice on appeals and on motions practice that resolves complex commercial lawsuits before trial. She is known for her strong business sense, excellent briefs, and clear and compelling oral advocacy. Ms. Coberly counsels clients on appellate and strategic issues at all stages of litigation, from before trial through and including proceedings before the U.S. Supreme Court. She has briefed and argued appeals in six different federal courts of appeals and a variety of state appellate and supreme courts.

Experience

Recent Supreme Court Matters:

  • Kokocinski v. Collins (U.S. Sup. Ct. 2018): Successful opposition to a petition for certiorari that purported to allege a split of authority concerning the appropriate standard of appellate review for the dismissal of a shareholder derivative action at the recommendation of a special litigation committee
  • Hamer v. Neighborhood Housing Services of Chicago (U.S. S. Ct. 2017): Representation on the merits in a matter involving whether Rule 4(a)(5)(C) of the Federal Rules of Appellate Procedure is constitutional
  • Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund (U.S. Sup. Ct. 2013): Victory for our client in seeking certiorari and on the merits in a high-profile case about pleading falsity for claims under Section 11 of the Securities Act of 1933
  • Fung & IsoHunt Web Technologies v. Columbia Pictures Industries (U.S. Sup. Ct. 2013): Petition for certiorari on behalf of a client using BitTorrent technology in a case concerning the standards for secondary copyright infringement liability under Grokster

  • Willis of Colorado Inc. v. Troice (U.S. Sup. Ct. 2013): Amicus briefs for DRI in support of certiorari and on the merits in a case concerning the scope of preclusion under the Securities Litigation Uniform Standards Act of 1998 (SLUSA)

  • American Express Company v. Italian Colors Restaurant (U.S. Sup. Ct. 2013): Amicus brief for the Financial Services Roundtable, advocating the winning position in a case concerning arbitration clauses and federal statutory claims

  • CompuCredit Corp. v. Greenwood (U.S. Sup. Ct. 2012): Amicus brief for DRI in a case involving arbitrability of certain statutory claims

  • Chamber of Commerce v. Whiting (U.S. Sup. Ct. 2011): Amicus brief in support of the Chamber’s challenge to Arizona’s immigration enforcement scheme

  • Free Enterprise Fund v. Public Company Accounting Oversight Board (U.S. Sup. Ct. 2010): Amicus brief supporting a successful challenge to the constitutionality of the portions of the Sarbanes-Oxley Act establishing the Public Company Accounting Oversight Board (PCAOB)

Selected Appellate Victories:

  • Oregon Public Employees Retirement Fund v. Apollo Group Inc. F.3d  (9th Cir. 2014) (argued) Represented Apollo Group, the parent company of the University of Phoenix, in a putative securities class action asserting claims under Section 10(b) based on alleged false statements related to Apollo’s enrollment, revenue growth, and recruiting practices. The suit was dismissed on its merits, and Winston’s appellate group was retained to defend the dismissal on appeal. The Ninth Circuit affirmed the dismissal in all respects in a published decision, concluding that the plaintiffs had failed to plead a material misstatement or omission, loss causation, or scienter. The decision is the first in the Ninth Circuit to hold that loss causation must be pleaded with specificity under Federal Rule of Civil Procedure 9(b), though the court recognized that the plaintiffs’ allegations would have been insufficient under Rule 8(a) as well.

  • Effie Film, LLC v. Murphy,  Fed.Appx. , 2014 WL 1797466 (2d Cir. May 7, 2014) (argued) Obtained an appellate victory on behalf of the producer of Emma Thompson’s upcoming film Effie Gray, defeating claims that Ms. Thompson’s screenplay infringed a copyright. The screenplay tells the story of the love triangle involving Effie Gray, Victorian art critic John Ruskin, and painter John Everett Millais. The producer of the film brought a successful declaratory judgment action to resolve claims of copyright infringement brought by a playwright who had written a play based on the same historical figures. The Second Circuit rejected Murphy’s appeal in all respects, paving the way for the film’s release.

  • Kirschner v. KPMG, et al., 15 N.Y. 3d 446 (on certification), and 626 F.3d 673 (2d Cir. 2010) (argued) Won an outright dismissal of a $2 billion malpractice and aiding and abetting lawsuit against an accounting firm by a litigation trustee appointed in the bankruptcy of brokerage giant Refco, and secured a critical precedent for defendants on the issue of in pari delicto in corporate fraud cases.

Honors & Awards

Linda is one of the nation’s top appellate lawyers, as recognized by Chambers USA (2012, 2014–2018), The Legal 500 U.S. (2018), and U.S. News and Best Lawyers (2013–2018). She was recommended by Legal 500 (2015 and 2016), which also ranked Winston & Strawn in the top tier of firms for appellate practice. Linda was named an Illinois Litigation Star in the 2015 and 2016 editions of Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys. She is listed among Lawdragon’s 500 Leading Lawyers in America (2016) and has been recognized as an Illinois “Super Lawyer” in the area of appellate practice for more than 10 years. In 2011, Linda was named by The American Lawyer as one of the “45 Under 45,” a list of the best women lawyers under 45 in the Am Law 200. And with Linda’s leadership, Winston’s Appellate and Critical Motions Practice was named among only 20 appellate practices nationally on The National Law Journal’s 2014 “Appellate Hot List.”

Recently, Chicago Business Journal recognized Linda on its list of “Women of Influence” for 2017, based upon her impact professionally and as a leader in the Chicago community. In 2015, she was shortlisted by Chambers and Partners for the Chambers Women in Law Awards, USA, as a finalist in the category of “Outstanding Contribution to Furthering the Advancement of Women in the Law.” She was also honored with the Illinois Diversity Council’s 2014 “Leadership Excellence Award,” designed to recognize those who have shown exemplary leadership in their firms and communities and who serve as champions of their organizations’ efforts relating to diversity and inclusion.

In recognition of her pro bono work in the area of immigrant justice and human rights, Linda was the recipient of the 2014 “Human Rights Practitioner Award” from the National Immigrant Justice Center.

Activities

Linda serves as a member and immediate past Chair of the Board of Directors of Heartland Alliance for Human Needs and Human Rights, the largest human rights and anti-poverty organization in the Midwest. She also serves on the Board of Trustees of Chicago’s Goodman Theater. She is a member of the Chicago Bar Association, as well as of the Appellate Advocacy Committee of the Defense Research Institute. She is also a member of the Chicago Network, a by-invitation-only organization of women leaders in Chicago who have reached the highest levels of their organizations in business, nonprofits, the arts, government, and academia. 

Credentials

Linda received an A.B. from Princeton University, and a J.D., magna cum laude, from the University of Michigan Law School, where she served as editor-in-chief of the Michigan Law Review and was a member of the Order of the Coif.

Publications & Speaking Engagements

Speeches:

  • “Extraterritorial Jurisdiction,” panel presentation to 150 judges at National Foundation for Judicial Excellence Institute, July 2017
  • “Is There Really a Confidence Gap?” panel presentation at National Association of Women Lawyers Annual Meeting, July 2017
  • “Managing Diversity & Inclusion in the Legal Profession,” panel presentation to ChiWIP with in-house counsel from Baxter and BP, July 2017
  • “Lessons in Leadership,” presentation to the CBA’s Alliance for Women, April 2017
  • “Cultural Innovations with Impact,” presentation to the Diversity & Flexibility Alliance Annual Conference, March 2017
  • “U.S. Supreme Court Developments,” panel presentation at the DRI Corporate Counsel Roundtable, January 2017
  • “An Interview with Judge Diane Wood,” Northwestern Complex Commercial Litigation Conference, November 2016
  • “Litigating an Accountants’ Liability Case,” panel presentation at ALI’s Accountants’ Liability Conference, September 2016

Linda T. Coberly

Partner in Chicago

Linda Coberly chairs the firm’s Appellate and Critical Motions practice and focuses her practice on appeals and on motions practice that resolves complex commercial lawsuits before trial. She is known for her strong business sense, excellent briefs, and clear and compelling oral advocacy. Ms. Coberly counsels clients on appellate and strategic issues at all stages of litigation, from before trial through and including proceedings before the U.S. Supreme Court. She has briefed and argued appeals in six different federal courts of appeals and a variety of state appellate and supreme courts.

Honors and Awards

Chambers USA
Chambers and Partners
Legal
500
The Legal 500 United States
Litigation
Star
Benchmark Litigation
Tier 1
National
Best
Law Firm
U.S. News – Best Lawyers®
Appellate
Hot List
The National Law Journal
Listed
Chicago
Super
Lawyers
Super Lawyers
Lawdragon
500
Lawdragon Magazine
Best Lawyers
Best Lawyers in America

Linda is one of the nation’s top appellate lawyers, as recognized by Chambers USA (2012, 2014–2018), The Legal 500 U.S. (2018), and U.S. News and Best Lawyers (2013–2018). She was recommended by Legal 500 (2015 and 2016), which also ranked Winston & Strawn in the top tier of firms for appellate practice. Linda was named an Illinois Litigation Star in the 2015 and 2016 editions of Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys. She is listed among Lawdragon’s 500 Leading Lawyers in America (2016) and has been recognized as an Illinois “Super Lawyer” in the area of appellate practice for more than 10 years. In 2011, Linda was named by The American Lawyer as one of the “45 Under 45,” a list of the best women lawyers under 45 in the Am Law 200. And with Linda’s leadership, Winston’s Appellate and Critical Motions Practice was named among only 20 appellate practices nationally on The National Law Journal’s 2014 “Appellate Hot List.”

Recently, Chicago Business Journal recognized Linda on its list of “Women of Influence” for 2017, based upon her impact professionally and as a leader in the Chicago community. In 2015, she was shortlisted by Chambers and Partners for the Chambers Women in Law Awards, USA, as a finalist in the category of “Outstanding Contribution to Furthering the Advancement of Women in the Law.” She was also honored with the Illinois Diversity Council’s 2014 “Leadership Excellence Award,” designed to recognize those who have shown exemplary leadership in their firms and communities and who serve as champions of their organizations’ efforts relating to diversity and inclusion.

In recognition of her pro bono work in the area of immigrant justice and human rights, Linda was the recipient of the 2014 “Human Rights Practitioner Award” from the National Immigrant Justice Center.

Activities

Linda serves as a member and immediate past Chair of the Board of Directors of Heartland Alliance for Human Needs and Human Rights, the largest human rights and anti-poverty organization in the Midwest. She also serves on the Board of Trustees of Chicago’s Goodman Theater. She is a member of the Chicago Bar Association, as well as of the Appellate Advocacy Committee of the Defense Research Institute. She is also a member of the Chicago Network, a by-invitation-only organization of women leaders in Chicago who have reached the highest levels of their organizations in business, nonprofits, the arts, government, and academia. 

Linda received an A.B. from Princeton University, and a J.D., magna cum laude, from the University of Michigan Law School, where she served as editor-in-chief of the Michigan Law Review and was a member of the Order of the Coif.

Education

University of Michigan
JD, 1995
Princeton University
BA, 1989

Clerkships

D.
D.C.
USCA - D.C. Circuit for the Honorable Chief Judge Douglas H. Ginsburg
U.S.
US Supreme Court for the Honorable Justice Stephen G. Breyer

Admissions

IL
Illinois

Languages

en
English

Court Admissions

U.S.
U.S. Supreme Court
FED.
CIR.
Federal Circuit Court of Appeals
2d
Cir.
USCA – 2nd Circuit
4th
Cir.
USCA - 4th Circuit
5th
Cir.
USCA - 5th Circuit
6th
Cir.
USCA – 6th Circuit
7th
Cir.
USCA – 7th Circuit
8th
Cir.
USCA - 8th Circuit
9th
Cir.
USCA - 9th Circuit
11th
Cir.
USCA – 11th Circuit
N.D.
Ill.
Northern District of Illinois
D.
Colo.
District of Colorado
10th Cir.
Bankr.
10th Circuit Bankruptcy Appellate Panel

Recent Supreme Court Matters:

  • Kokocinski v. Collins (U.S. Sup. Ct. 2018): Successful opposition to a petition for certiorari that purported to allege a split of authority concerning the appropriate standard of appellate review for the dismissal of a shareholder derivative action at the recommendation of a special litigation committee
  • Hamer v. Neighborhood Housing Services of Chicago (U.S. S. Ct. 2017): Representation on the merits in a matter involving whether Rule 4(a)(5)(C) of the Federal Rules of Appellate Procedure is constitutional
  • Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund (U.S. Sup. Ct. 2013): Victory for our client in seeking certiorari and on the merits in a high-profile case about pleading falsity for claims under Section 11 of the Securities Act of 1933
  • Fung & IsoHunt Web Technologies v. Columbia Pictures Industries (U.S. Sup. Ct. 2013): Petition for certiorari on behalf of a client using BitTorrent technology in a case concerning the standards for secondary copyright infringement liability under Grokster

  • Willis of Colorado Inc. v. Troice (U.S. Sup. Ct. 2013): Amicus briefs for DRI in support of certiorari and on the merits in a case concerning the scope of preclusion under the Securities Litigation Uniform Standards Act of 1998 (SLUSA)

  • American Express Company v. Italian Colors Restaurant (U.S. Sup. Ct. 2013): Amicus brief for the Financial Services Roundtable, advocating the winning position in a case concerning arbitration clauses and federal statutory claims

  • CompuCredit Corp. v. Greenwood (U.S. Sup. Ct. 2012): Amicus brief for DRI in a case involving arbitrability of certain statutory claims

  • Chamber of Commerce v. Whiting (U.S. Sup. Ct. 2011): Amicus brief in support of the Chamber’s challenge to Arizona’s immigration enforcement scheme

  • Free Enterprise Fund v. Public Company Accounting Oversight Board (U.S. Sup. Ct. 2010): Amicus brief supporting a successful challenge to the constitutionality of the portions of the Sarbanes-Oxley Act establishing the Public Company Accounting Oversight Board (PCAOB)

Selected Appellate Victories:

  • Oregon Public Employees Retirement Fund v. Apollo Group Inc. F.3d  (9th Cir. 2014) (argued) Represented Apollo Group, the parent company of the University of Phoenix, in a putative securities class action asserting claims under Section 10(b) based on alleged false statements related to Apollo’s enrollment, revenue growth, and recruiting practices. The suit was dismissed on its merits, and Winston’s appellate group was retained to defend the dismissal on appeal. The Ninth Circuit affirmed the dismissal in all respects in a published decision, concluding that the plaintiffs had failed to plead a material misstatement or omission, loss causation, or scienter. The decision is the first in the Ninth Circuit to hold that loss causation must be pleaded with specificity under Federal Rule of Civil Procedure 9(b), though the court recognized that the plaintiffs’ allegations would have been insufficient under Rule 8(a) as well.

  • Effie Film, LLC v. Murphy,  Fed.Appx. , 2014 WL 1797466 (2d Cir. May 7, 2014) (argued) Obtained an appellate victory on behalf of the producer of Emma Thompson’s upcoming film Effie Gray, defeating claims that Ms. Thompson’s screenplay infringed a copyright. The screenplay tells the story of the love triangle involving Effie Gray, Victorian art critic John Ruskin, and painter John Everett Millais. The producer of the film brought a successful declaratory judgment action to resolve claims of copyright infringement brought by a playwright who had written a play based on the same historical figures. The Second Circuit rejected Murphy’s appeal in all respects, paving the way for the film’s release.

  • Kirschner v. KPMG, et al., 15 N.Y. 3d 446 (on certification), and 626 F.3d 673 (2d Cir. 2010) (argued) Won an outright dismissal of a $2 billion malpractice and aiding and abetting lawsuit against an accounting firm by a litigation trustee appointed in the bankruptcy of brokerage giant Refco, and secured a critical precedent for defendants on the issue of in pari delicto in corporate fraud cases.

Speeches:

  • “Extraterritorial Jurisdiction,” panel presentation to 150 judges at National Foundation for Judicial Excellence Institute, July 2017
  • “Is There Really a Confidence Gap?” panel presentation at National Association of Women Lawyers Annual Meeting, July 2017
  • “Managing Diversity & Inclusion in the Legal Profession,” panel presentation to ChiWIP with in-house counsel from Baxter and BP, July 2017
  • “Lessons in Leadership,” presentation to the CBA’s Alliance for Women, April 2017
  • “Cultural Innovations with Impact,” presentation to the Diversity & Flexibility Alliance Annual Conference, March 2017
  • “U.S. Supreme Court Developments,” panel presentation at the DRI Corporate Counsel Roundtable, January 2017
  • “An Interview with Judge Diane Wood,” Northwestern Complex Commercial Litigation Conference, November 2016
  • “Litigating an Accountants’ Liability Case,” panel presentation at ALI’s Accountants’ Liability Conference, September 2016

Linda T. Coberly

Partner in Chicago

Admissions

  • Illinois

Clerkships

  • USCA - D.C. Circuit for the Honorable Chief Judge Douglas H. Ginsburg
  • US Supreme Court for the Honorable Justice Stephen G. Breyer

Court Admissions

  • U.S. Supreme Court
  • Federal Circuit Court of Appeals
  • USCA – 2nd Circuit
  • USCA - 4th Circuit
  • USCA - 5th Circuit
  • USCA – 6th Circuit
  • USCA – 7th Circuit
  • USCA - 8th Circuit
  • USCA - 9th Circuit
  • USCA – 11th Circuit
  • Northern District of Illinois
  • District of Colorado
  • 10th Circuit Bankruptcy Appellate Panel

Education

Linda Coberly focuses on appeals and on motions practice that resolves complex commercial lawsuits before trial. She has particular experience in corporate fraud litigation and is known for her strong business sense, excellent briefs, and clear and compelling oral advocacy. Ms. Coberly counsels clients on appellate and strategic issues at all stages of litigation, from before trial through and including proceedings before the United States Supreme Court. She has briefed and argued appeals in six different federal courts of appeals and a variety of state appellate and supreme courts. Ms. Coberly has particularly extensive experience in corporate fraud and securities litigation—including defending issuers, auditors, and others in tort and securities fraud actions following the disclosure of corporate fraud. Ms. Coberly was recognized by U.S. News & World Report – Best Lawyers® 2014 for her appellate practice, and she was named in 2011 by The American Lawyer as one of the “45 Under 45,” a list of the best women lawyers under 45 in the Am Law 200.

Experience

Recent Supreme Court Matters:

  • Kokocinski v. Collins (U.S. Sup. Ct. 2018): Successful opposition to a petition for certiorari that purported to allege a split of authority concerning the appropriate standard of appellate review for the dismissal of a shareholder derivative action at the recommendation of a special litigation committee
  • Hamer v. Neighborhood Housing Services of Chicago (U.S. S. Ct. 2017): Representation on the merits in a matter involving whether Rule 4(a)(5)(C) of the Federal Rules of Appellate Procedure is constitutional
  • Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund (U.S. Sup. Ct. 2013): Victory for our client in seeking certiorari and on the merits in a high-profile case about pleading falsity for claims under Section 11 of the Securities Act of 1933
  • Fung & IsoHunt Web Technologies v. Columbia Pictures Industries (U.S. Sup. Ct. 2013): Petition for certiorari on behalf of a client using BitTorrent technology in a case concerning the standards for secondary copyright infringement liability under Grokster

  • Willis of Colorado Inc. v. Troice (U.S. Sup. Ct. 2013): Amicus briefs for DRI in support of certiorari and on the merits in a case concerning the scope of preclusion under the Securities Litigation Uniform Standards Act of 1998 (SLUSA)

  • American Express Company v. Italian Colors Restaurant (U.S. Sup. Ct. 2013): Amicus brief for the Financial Services Roundtable, advocating the winning position in a case concerning arbitration clauses and federal statutory claims

  • CompuCredit Corp. v. Greenwood (U.S. Sup. Ct. 2012): Amicus brief for DRI in a case involving arbitrability of certain statutory claims

  • Chamber of Commerce v. Whiting (U.S. Sup. Ct. 2011): Amicus brief in support of the Chamber’s challenge to Arizona’s immigration enforcement scheme

  • Free Enterprise Fund v. Public Company Accounting Oversight Board (U.S. Sup. Ct. 2010): Amicus brief supporting a successful challenge to the constitutionality of the portions of the Sarbanes-Oxley Act establishing the Public Company Accounting Oversight Board (PCAOB)

Selected Appellate Victories:

  • Oregon Public Employees Retirement Fund v. Apollo Group Inc. F.3d  (9th Cir. 2014) (argued) Represented Apollo Group, the parent company of the University of Phoenix, in a putative securities class action asserting claims under Section 10(b) based on alleged false statements related to Apollo’s enrollment, revenue growth, and recruiting practices. The suit was dismissed on its merits, and Winston’s appellate group was retained to defend the dismissal on appeal. The Ninth Circuit affirmed the dismissal in all respects in a published decision, concluding that the plaintiffs had failed to plead a material misstatement or omission, loss causation, or scienter. The decision is the first in the Ninth Circuit to hold that loss causation must be pleaded with specificity under Federal Rule of Civil Procedure 9(b), though the court recognized that the plaintiffs’ allegations would have been insufficient under Rule 8(a) as well.

  • Effie Film, LLC v. Murphy,  Fed.Appx. , 2014 WL 1797466 (2d Cir. May 7, 2014) (argued) Obtained an appellate victory on behalf of the producer of Emma Thompson’s upcoming film Effie Gray, defeating claims that Ms. Thompson’s screenplay infringed a copyright. The screenplay tells the story of the love triangle involving Effie Gray, Victorian art critic John Ruskin, and painter John Everett Millais. The producer of the film brought a successful declaratory judgment action to resolve claims of copyright infringement brought by a playwright who had written a play based on the same historical figures. The Second Circuit rejected Murphy’s appeal in all respects, paving the way for the film’s release.

  • Kirschner v. KPMG, et al., 15 N.Y. 3d 446 (on certification), and 626 F.3d 673 (2d Cir. 2010) (argued) Won an outright dismissal of a $2 billion malpractice and aiding and abetting lawsuit against an accounting firm by a litigation trustee appointed in the bankruptcy of brokerage giant Refco, and secured a critical precedent for defendants on the issue of in pari delicto in corporate fraud cases.

Honors & Awards

Linda is one of the nation’s top appellate lawyers, as recognized by Chambers USA (2012, 2014–2018), The Legal 500 U.S. (2018), and U.S. News and Best Lawyers (2013–2018). She was recommended by Legal 500 (2015 and 2016), which also ranked Winston & Strawn in the top tier of firms for appellate practice. Linda was named an Illinois Litigation Star in the 2015 and 2016 editions of Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys. She is listed among Lawdragon’s 500 Leading Lawyers in America (2016) and has been recognized as an Illinois “Super Lawyer” in the area of appellate practice for more than 10 years. In 2011, Linda was named by The American Lawyer as one of the “45 Under 45,” a list of the best women lawyers under 45 in the Am Law 200. And with Linda’s leadership, Winston’s Appellate and Critical Motions Practice was named among only 20 appellate practices nationally on The National Law Journal’s 2014 “Appellate Hot List.”

Recently, Chicago Business Journal recognized Linda on its list of “Women of Influence” for 2017, based upon her impact professionally and as a leader in the Chicago community. In 2015, she was shortlisted by Chambers and Partners for the Chambers Women in Law Awards, USA, as a finalist in the category of “Outstanding Contribution to Furthering the Advancement of Women in the Law.” She was also honored with the Illinois Diversity Council’s 2014 “Leadership Excellence Award,” designed to recognize those who have shown exemplary leadership in their firms and communities and who serve as champions of their organizations’ efforts relating to diversity and inclusion.

In recognition of her pro bono work in the area of immigrant justice and human rights, Linda was the recipient of the 2014 “Human Rights Practitioner Award” from the National Immigrant Justice Center.

Activities

Linda serves as a member and immediate past Chair of the Board of Directors of Heartland Alliance for Human Needs and Human Rights, the largest human rights and anti-poverty organization in the Midwest. She also serves on the Board of Trustees of Chicago’s Goodman Theater. She is a member of the Chicago Bar Association, as well as of the Appellate Advocacy Committee of the Defense Research Institute. She is also a member of the Chicago Network, a by-invitation-only organization of women leaders in Chicago who have reached the highest levels of their organizations in business, nonprofits, the arts, government, and academia. 

Credentials

Linda received an A.B. from Princeton University, and a J.D., magna cum laude, from the University of Michigan Law School, where she served as editor-in-chief of the Michigan Law Review and was a member of the Order of the Coif.

Publications & Speaking Engagements

Speeches:

  • “Extraterritorial Jurisdiction,” panel presentation to 150 judges at National Foundation for Judicial Excellence Institute, July 2017
  • “Is There Really a Confidence Gap?” panel presentation at National Association of Women Lawyers Annual Meeting, July 2017
  • “Managing Diversity & Inclusion in the Legal Profession,” panel presentation to ChiWIP with in-house counsel from Baxter and BP, July 2017
  • “Lessons in Leadership,” presentation to the CBA’s Alliance for Women, April 2017
  • “Cultural Innovations with Impact,” presentation to the Diversity & Flexibility Alliance Annual Conference, March 2017
  • “U.S. Supreme Court Developments,” panel presentation at the DRI Corporate Counsel Roundtable, January 2017
  • “An Interview with Judge Diane Wood,” Northwestern Complex Commercial Litigation Conference, November 2016
  • “Litigating an Accountants’ Liability Case,” panel presentation at ALI’s Accountants’ Liability Conference, September 2016

Linda T. Coberly

Partner in Chicago

Linda Coberly focuses on appeals and on motions practice that resolves complex commercial lawsuits before trial. She has particular experience in corporate fraud litigation and is known for her strong business sense, excellent briefs, and clear and compelling oral advocacy. Ms. Coberly counsels clients on appellate and strategic issues at all stages of litigation, from before trial through and including proceedings before the United States Supreme Court. She has briefed and argued appeals in six different federal courts of appeals and a variety of state appellate and supreme courts. Ms. Coberly has particularly extensive experience in corporate fraud and securities litigation—including defending issuers, auditors, and others in tort and securities fraud actions following the disclosure of corporate fraud. Ms. Coberly was recognized by U.S. News & World Report – Best Lawyers® 2014 for her appellate practice, and she was named in 2011 by The American Lawyer as one of the “45 Under 45,” a list of the best women lawyers under 45 in the Am Law 200.

Honors and Awards

Chambers USA
Chambers and Partners
Legal
500
The Legal 500 United States
Litigation
Star
Benchmark Litigation
Tier 1
National
Best
Law Firm
U.S. News – Best Lawyers®
Appellate
Hot List
The National Law Journal
Listed
Chicago
Super
Lawyers
Super Lawyers
Lawdragon
500
Lawdragon Magazine
Best Lawyers
Best Lawyers in America

Linda is one of the nation’s top appellate lawyers, as recognized by Chambers USA (2012, 2014–2018), The Legal 500 U.S. (2018), and U.S. News and Best Lawyers (2013–2018). She was recommended by Legal 500 (2015 and 2016), which also ranked Winston & Strawn in the top tier of firms for appellate practice. Linda was named an Illinois Litigation Star in the 2015 and 2016 editions of Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys. She is listed among Lawdragon’s 500 Leading Lawyers in America (2016) and has been recognized as an Illinois “Super Lawyer” in the area of appellate practice for more than 10 years. In 2011, Linda was named by The American Lawyer as one of the “45 Under 45,” a list of the best women lawyers under 45 in the Am Law 200. And with Linda’s leadership, Winston’s Appellate and Critical Motions Practice was named among only 20 appellate practices nationally on The National Law Journal’s 2014 “Appellate Hot List.”

Recently, Chicago Business Journal recognized Linda on its list of “Women of Influence” for 2017, based upon her impact professionally and as a leader in the Chicago community. In 2015, she was shortlisted by Chambers and Partners for the Chambers Women in Law Awards, USA, as a finalist in the category of “Outstanding Contribution to Furthering the Advancement of Women in the Law.” She was also honored with the Illinois Diversity Council’s 2014 “Leadership Excellence Award,” designed to recognize those who have shown exemplary leadership in their firms and communities and who serve as champions of their organizations’ efforts relating to diversity and inclusion.

In recognition of her pro bono work in the area of immigrant justice and human rights, Linda was the recipient of the 2014 “Human Rights Practitioner Award” from the National Immigrant Justice Center.

Activities

Linda serves as a member and immediate past Chair of the Board of Directors of Heartland Alliance for Human Needs and Human Rights, the largest human rights and anti-poverty organization in the Midwest. She also serves on the Board of Trustees of Chicago’s Goodman Theater. She is a member of the Chicago Bar Association, as well as of the Appellate Advocacy Committee of the Defense Research Institute. She is also a member of the Chicago Network, a by-invitation-only organization of women leaders in Chicago who have reached the highest levels of their organizations in business, nonprofits, the arts, government, and academia. 

Linda received an A.B. from Princeton University, and a J.D., magna cum laude, from the University of Michigan Law School, where she served as editor-in-chief of the Michigan Law Review and was a member of the Order of the Coif.

Education

University of Michigan
JD, 1995
Princeton University
BA, 1989

Clerkships

D.
D.C.
USCA - D.C. Circuit for the Honorable Chief Judge Douglas H. Ginsburg
U.S.
US Supreme Court for the Honorable Justice Stephen G. Breyer

Admissions

IL
Illinois

Languages

en
English

Court Admissions

U.S.
U.S. Supreme Court
FED.
CIR.
Federal Circuit Court of Appeals
2d
Cir.
USCA – 2nd Circuit
4th
Cir.
USCA - 4th Circuit
5th
Cir.
USCA - 5th Circuit
6th
Cir.
USCA – 6th Circuit
7th
Cir.
USCA – 7th Circuit
8th
Cir.
USCA - 8th Circuit
9th
Cir.
USCA - 9th Circuit
11th
Cir.
USCA – 11th Circuit
N.D.
Ill.
Northern District of Illinois
D.
Colo.
District of Colorado
10th Cir.
Bankr.
10th Circuit Bankruptcy Appellate Panel

Recent Supreme Court Matters:

  • Kokocinski v. Collins (U.S. Sup. Ct. 2018): Successful opposition to a petition for certiorari that purported to allege a split of authority concerning the appropriate standard of appellate review for the dismissal of a shareholder derivative action at the recommendation of a special litigation committee
  • Hamer v. Neighborhood Housing Services of Chicago (U.S. S. Ct. 2017): Representation on the merits in a matter involving whether Rule 4(a)(5)(C) of the Federal Rules of Appellate Procedure is constitutional
  • Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund (U.S. Sup. Ct. 2013): Victory for our client in seeking certiorari and on the merits in a high-profile case about pleading falsity for claims under Section 11 of the Securities Act of 1933
  • Fung & IsoHunt Web Technologies v. Columbia Pictures Industries (U.S. Sup. Ct. 2013): Petition for certiorari on behalf of a client using BitTorrent technology in a case concerning the standards for secondary copyright infringement liability under Grokster

  • Willis of Colorado Inc. v. Troice (U.S. Sup. Ct. 2013): Amicus briefs for DRI in support of certiorari and on the merits in a case concerning the scope of preclusion under the Securities Litigation Uniform Standards Act of 1998 (SLUSA)

  • American Express Company v. Italian Colors Restaurant (U.S. Sup. Ct. 2013): Amicus brief for the Financial Services Roundtable, advocating the winning position in a case concerning arbitration clauses and federal statutory claims

  • CompuCredit Corp. v. Greenwood (U.S. Sup. Ct. 2012): Amicus brief for DRI in a case involving arbitrability of certain statutory claims

  • Chamber of Commerce v. Whiting (U.S. Sup. Ct. 2011): Amicus brief in support of the Chamber’s challenge to Arizona’s immigration enforcement scheme

  • Free Enterprise Fund v. Public Company Accounting Oversight Board (U.S. Sup. Ct. 2010): Amicus brief supporting a successful challenge to the constitutionality of the portions of the Sarbanes-Oxley Act establishing the Public Company Accounting Oversight Board (PCAOB)

Selected Appellate Victories:

  • Oregon Public Employees Retirement Fund v. Apollo Group Inc. F.3d  (9th Cir. 2014) (argued) Represented Apollo Group, the parent company of the University of Phoenix, in a putative securities class action asserting claims under Section 10(b) based on alleged false statements related to Apollo’s enrollment, revenue growth, and recruiting practices. The suit was dismissed on its merits, and Winston’s appellate group was retained to defend the dismissal on appeal. The Ninth Circuit affirmed the dismissal in all respects in a published decision, concluding that the plaintiffs had failed to plead a material misstatement or omission, loss causation, or scienter. The decision is the first in the Ninth Circuit to hold that loss causation must be pleaded with specificity under Federal Rule of Civil Procedure 9(b), though the court recognized that the plaintiffs’ allegations would have been insufficient under Rule 8(a) as well.

  • Effie Film, LLC v. Murphy,  Fed.Appx. , 2014 WL 1797466 (2d Cir. May 7, 2014) (argued) Obtained an appellate victory on behalf of the producer of Emma Thompson’s upcoming film Effie Gray, defeating claims that Ms. Thompson’s screenplay infringed a copyright. The screenplay tells the story of the love triangle involving Effie Gray, Victorian art critic John Ruskin, and painter John Everett Millais. The producer of the film brought a successful declaratory judgment action to resolve claims of copyright infringement brought by a playwright who had written a play based on the same historical figures. The Second Circuit rejected Murphy’s appeal in all respects, paving the way for the film’s release.

  • Kirschner v. KPMG, et al., 15 N.Y. 3d 446 (on certification), and 626 F.3d 673 (2d Cir. 2010) (argued) Won an outright dismissal of a $2 billion malpractice and aiding and abetting lawsuit against an accounting firm by a litigation trustee appointed in the bankruptcy of brokerage giant Refco, and secured a critical precedent for defendants on the issue of in pari delicto in corporate fraud cases.

Speeches:

  • “Extraterritorial Jurisdiction,” panel presentation to 150 judges at National Foundation for Judicial Excellence Institute, July 2017
  • “Is There Really a Confidence Gap?” panel presentation at National Association of Women Lawyers Annual Meeting, July 2017
  • “Managing Diversity & Inclusion in the Legal Profession,” panel presentation to ChiWIP with in-house counsel from Baxter and BP, July 2017
  • “Lessons in Leadership,” presentation to the CBA’s Alliance for Women, April 2017
  • “Cultural Innovations with Impact,” presentation to the Diversity & Flexibility Alliance Annual Conference, March 2017
  • “U.S. Supreme Court Developments,” panel presentation at the DRI Corporate Counsel Roundtable, January 2017
  • “An Interview with Judge Diane Wood,” Northwestern Complex Commercial Litigation Conference, November 2016
  • “Litigating an Accountants’ Liability Case,” panel presentation at ALI’s Accountants’ Liability Conference, September 2016