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Professionals 108 results
Capabilities 32 results
Practice Area
Bankruptcy Litigation & Investigations
Large corporate bankruptcies and companies in financial distress often spawn a complex web of claims by lenders, trustees, debtors, creditors, creditors’ committees, investors, shareholders, and other constituents. Attorneys in Winston & Strawn’s complex commercial litigation group and restructuring and insolvency group—both ranked in Tier 1 by Best Law Firms®—serve as trusted advisors and resolute advocates to protect clients’ business interests and assets in multifaceted Chapter 11 cases and bankruptcy-related disputes.
Practice Area
Commercial Litigation & Disputes
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.
Practice Area
As a firm of choice for many major businesses, we represent employers, fiduciaries, boards of directors, benefit plans, and plan administrators in all aspects of ERISA litigation, including claims relating to fiduciary liability, plan investments, excessive fees, plan qualification, plan termination, reversion of excess assets, retiree medical benefits, severance and employment contract matters, tax liability matters, and retirement and welfare benefit claims.
Experience 3 results
Experience
|October 1, 2023
Experience
|December 2, 2021
OPAL Fuels Announces Business Combination with ArcLight Clean Transition Corp. II
Winston & Strawn LLP represented Citigroup Global Markets Inc., in connection with its role as buy-side advisor to ArcLight Clean Transition Corp. II (Nasdaq: ACTD), a publicly traded special purpose acquisition company, in connection with a business combination with OPAL Fuels LLC, a leading vertically integrated producer and distributor of renewable natural gas (RNG) with a diversified revenue and customer base in 42 states. The combination, with an enterprise value of US$1.75B, will result in OPAL Fuels becoming a publicly listed company named "OPAL Fuels Inc." It will be listed on the Nasdaq Stock Exchange under the new ticker symbol "OPL." The transaction includes a US$125M fully committed common stock PIPE at US$10.00 per share, anchored by NextEra Energy, Inc. (NYSE: NEE), Electron Capital Partners, Gunvor Group, Wellington Management, and Adage Capital Management, with participation by ArcLight affiliates. Additionally, affiliates of NextEra Energy have made a commitment for up to a US$100M preferred equity investment in OPAL Fuels and have entered into a purchase and sale agreement for the majority of OPAL Fuels environmental attributes. Assuming no redemptions, the transactions are expected to provide gross proceeds of approximately US$536M to fund the construction of OPAL Fuels' robust RNG development pipeline. RNG is a proven low-cost, low-carbon fuel that when used in transportation in place of diesel fuel can cost 40 to 70 percent less per gallon, providing significant annual operating cost savings while dramatically reducing the carbon footprint of heavy duty fleets.
Experience
|September 7, 2021
DTRT Health Acquisition Corp. Closes US$230M IPO
Winston & Strawn LLP represented DTRT Health Acquisition Corp. (the “Company”), a special purpose acquisition company formed for the purpose of entering into a business combination with one or more businesses, in its IPO of 23,000,000 units at a price of US$10.00 per unit, including 3,000,000 units issued pursuant to the exercise by the underwriters of their over-allotment option in full. The units are listed on The NASDAQ Capital Market (“NASDAQ”) and began trading under the ticker symbol “DTRTU” on September 2, 2021. Each unit consists of one share of Class A common stock of the Company and one-half of one redeemable warrant with each whole warrant exercisable to purchase one share of Class A common stock at a price of US$11.50 per share. Once the securities comprising the units begin separate trading, the Class A common stock and warrants are expected to be listed on NASDAQ under the symbols “DTRT” and “DTRTW,” respectively. While the Company may pursue an initial business combination with a company in any sector or geography, it intends to focus its search on the healthcare industry, specifically home- and community-based healthcare services, which may include home health, personal and private duty care, home-based therapy, adult day care, medical transportation, pediatric health, facility-based community services, healthcare information technology and software services, care management, behavioral health, staffing, medical devices, and health and wellness programs, among others. Cantor Fitzgerald & Co. acted as the sole bookrunner and Odeon Capital Group, LLC acted as the lead manager for the offering.
Insights & News 483 results
Product Liability & Mass Torts Digest
|November 21, 2024
|6 Min Read
Proximate Cause with Teeth: Recent Case-Dispositive Expert Exclusions in Product Liability Cases
Under both strict product liability and negligence theories, plaintiffs must establish proximate causation where there is a reasonable certainty that the defendant’s acts caused the injury. Several recent cases have emphasized the Daubert requirement that expert testimony supporting proximate cause for product liability claims must be non-speculative and backed by reliable, reproducible, scientific methodologies.
Client Alert
|November 14, 2024
|7 Min Read
SEC Division of Examinations 2025 Priorities
On October 21, 2024, the U.S. Securities and Exchange Commission’s (the SEC) Division of Examinations (the Division) announced its annual list of examination priorities for 2025 (the Priorities), which are developed in consultation with various internal SEC divisions and offices. The priorities reflect practices, products, and services that the Division believes present heightened risks to investors or the integrity of the U.S. capital markets. The Priorities are not an exhaustive list of issues the Division intends to target in examinations. The Division’s examinations are also likely to address emerging risks, products, market events, and other investor concerns as they arise. In this alert, you will find a summary of the priorities for the SEC in examining registered investment advisers, registered investment companies, broker-dealers, and other market participants in 2025.
Competition Corner
|November 8, 2024
|7 Min Read
On October 10, the U.S. Federal Trade Commission unanimously adopted final changes to the premerger notification form required by the Hart-Scott-Rodino (HSR) Act, effective 90 days after publication in the Federal Register, i.e., no earlier than January 8, 2025.
Other Results 23 results
Law Glossary
What Is the Copyright Royalty Board?
The U.S. Copyright Royalty Board (CRB) is a three-judge panel that functions as an independent unit within the Library of Congress. It performs the duties specified in the Copyright Royalty and Distribution Reform Act. The Act established statutory licenses that let approved parties utilize certain types of copyrighted works by paying a set royalty, without having to request an individual copyright license from each rights-holder. The CRB sets, and periodically adjusts, the rates and terms of the statutory licenses, and can also make determinations on the distribution of statutory license royalties collected by the U.S. Copyright Office. For example, the judges can determine, for a five-year period, the rates musical performers receive when their works are played via digital services. When licensors and licensees cannot reach rate agreements on their own, the CRB hears testimony from the various parties and then sets the rates. CRB Judges serve six-year terms. The first CRB judges were appointed by the Librarian of Congress in 2006.
Law Glossary
The Employee Retirement Income Security Act (ERISA) is a federal law from 1974 that governs how employers provide benefit plans to employees. ERISA is administered in part by the Employee Benefits Security Administration (EBSA), a branch of the U.S. Department of Labor. The law establishes requirements and guidelines for employers and benefit plan managers, trustees and certain other service providers. ERISA ensures minimum standards are set for the majority of private industry pension and health plans, as well as other benefit plans such as life insurance. Under ERISA, employees must be notified of benefit plan terms, including funding, coverage, and costs. Employees are also offered protections against fiduciary wrongdoing. Plan participants or the DOL may be able to sue plan fiduciaries if plans are mismanaged or if plan fiduciaries engage in conduct prohibited under ERISA, and plan participants may sue for unpaid benefits.
Site Content
In the product liability context, a failure to warn claim arises when a plaintiff alleges that a product lacked an adequate warning regarding potential risks associated with its use. To succeed in a failure to warn claim, a plaintiff typically needs to demonstrate that the lack of a warning regarding a particular potential harm rendered the product unreasonably dangerous, and that adequate warnings would have ultimately prevented the alleged harm.