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Capabilities 34 results

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

Practice Area

Class Actions & Group Litigation

Winston has developed a consistent record of success handling class action cases in state and federal courts. The practice is anchored by seasoned class action lawyers, many of whom have been recognized by Chambers USA and other ranking organizations as being top practitioners in their field. Our clients rely on us to steer them through class action matters by drawing on the firm’s significant experience in resolving complex litigation using creative and aggressive arguments, across a broad range of class, collective, coordinated, and mass actions, as well multidistrict litigation. We also have succeeded at trial in several class actions—a rare occurrence....Read more

Practice Area

Privacy & Data Security

Winston takes a strategic approach to privacy and data security, integrating our extensive capabilities across practices to provide our clients with cutting-edge privacy and data security counseling, crisis management, security incident investigation and notification management, defense of data security class action litigation and regulatory inquiries, and international data protection. Our Global Privacy & Data Security Practice features a core team of privacy professionals and is bolstered by more than 40 attorneys from a variety of other disciplines firmwide. Our team combines compliance counselors, transactional lawyers, former government regulators and federal prosecutors, seasoned investigators, and experienced litigators. Few firms can rival our in-depth, sophisticated, and integrated experience in this area....Read more

Insights & News 458 results

Product Liability & Mass Torts Digest

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April 23, 2025

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5 Min Read

Supreme Court Opens Door to Civil RICO Claims Arising from Personal Injury

The Supreme Court just opened the doors to civil RICO suits against defendants alleged to have caused personal injury. This ruling could have major implications for product manufacturers and sellers, which may now face RICO claims—and treble damages—alongside traditional state-law claims in product-liability cases.

Product Liability & Mass Torts Digest

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March 27, 2025

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3 Min Read

A Natural Solution: Court Dumps Microplastic Suit for Lack of Scientific Evidence

The U.S. District Court for the Northern District of Illinois recently dismissed a putative class action complaint alleging the term “natural” on Fiji Water bottle labels is false and misleading due to alleged microplastics contained in the water, because the plaintiffs failed to provide specific evidence to plausibly establish such contamination.

Product Liability & Mass Torts Digest

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March 26, 2025

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4 Min Read

You Are What You Say You Are: Ruling Emphasizes Product Representations Mean What They “Actually Say”

In a February 20, 2025 order, the District Court for the Northern District of California partially granted a motion to dismiss product liability claims based on theories that the descriptions of baby and infant bottles and cups as “BPA Free” were an affirmative misrepresentation. Miller v. Philips N. Am. LLC, Civil No. 3:24-CV-03781-RFL (N.D. Cal. 20 Feb. 2025).

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Other Results 30 results

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 the National Advertising Division (NAD)?

As part of the independent, non-profit BBB National Programs, the National Advertising Division (NAD) independently evaluates the truth and accuracy of national advertising. It also works to increase the public’s confidence in advertising. NAD assesses a broad scope of ad claims, including those related to product performance, surveys, pricing, and guarantees. NAD responsibilities include:...Read more

Law Glossary

What Is Consumer Marketing Law?

Consumer marketing law is a broad legal segment dealing with federal and state statutes, along with government regulations, established to ensure that marketing and advertising are truthful. Federal law states that no form of advertising, including online advertising, can be deceptive. Marketing claims must also be evidence-based....Read more
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