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Industry
As a leading law firm with decades of experience representing the interests of food and beverage clients, Winston has a dedicated multinational and cross-disciplinary team of attorneys that focuses on the unique and varied ways in which laws, regulations, and market forces impact our clients in this sector.
Industry
The medical device industry is currently undergoing monumental change—from supply chain challenges to disruptive technologies and economic fluctuations. To pave the way for a more accessible and innovative health care landscape—including advances in wearables, implants, diagnostics, mobility, drug delivery—the evolving and expansive medical device industry faces wide-ranging legal needs. Clients in this sector can tap the remarkable depth and breadth of our sector-focused and skilled attorneys in the U.S. and abroad. Our Health Care & Life Sciences Industry Group engages clients at all points in the product development life cycle to provide sound advice and practical solutions regardless of the client’s size or the complexity of their need. We help clients navigate today’s complex regulatory landscape, defend products and reputations in the face of high-profile product liability and mass tort claims, protect innovative intellectual property (IP), and leverage cross-border experience to advise on commercial transactions.
Practice Area
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.
Experience 61 results
Experience
|July 23, 2024
Winston Represented FreshEdge in its Acquisition of Frontier Produce
Experience
|July 17, 2024
Winston Represented FreshEdge in its Acquisition of Western Sky Produce
Insights & News 1,734 results
Benefits Blast
|September 30, 2024
|6 Min Read
Departments Release Final Mental Health Parity Rule
Earlier this month, the U.S. Departments of Labor (the DOL), Health and Human Services (HHS), and Treasury (the Departments) released the long-awaited Mental Health Parity and Addiction Equity Act (MHPAEA) final rule (the Final Rule). The Final Rule walked back a few of the more burdensome and confusing requirements of the Proposed Rule, including the proposed mathematical “substantially all” test, the network composition safe harbor (guidance about which will be forthcoming), and the fiduciary compliance attestation. However, plans will still need to make substantial changes to their nonquantitative treatment limitation (NQTL) analyses going forward. Additionally, the Final Rule indicates that network composition will be a major enforcement priority for the Departments in the coming years.
Client Alert
|September 24, 2024
|4 Min Read
District Court Awards Enhanced Damages to Winner in ITC Dispute
The District of Delaware has recently highlighted the availability of enhanced damages for patent owners who choose to proceed first at the U.S. International Trade Commission (ITC). Even though ITC decisions are not binding on district courts, Judge Wolson awarded enhanced damages to a plaintiff after the defendant lost a parallel ITC case and brought its production into the U.S. to avoid the ITC’s exclusion order. Wirtgen America, Inc. v. Caterpillar, Inc., No. 1:17-cv-00770-JDW, Dkt. No. 456, Mem. Op. at 24–25, 45–46 (D. Del. Sept. 17, 2024) (hereinafter, “Mem. Op.”). Similarly situated defendants in future actions may expect the same fate if they choose to onshore their supply chain without implementing a design-around.
Life at Winston
|September 23, 2024
|1 Min Read
Welcome Winston & Strawn’s U.S.-Based Class of 2024
Welcome to the members of the U.S.-based Class of 2024!
Other Results 55 results
Law Glossary
The FDA stands for the Food and Drug Administration. It is a federal agency charged with protecting the public by regulating the safety and security of drugs, biological products, veterinary medications, and medical devices. FDA responsibilities also cover the safety of: foods for U.S. consumers, cosmetics, animal feed, and radiation-emitting products. Various rules may be established and enforced by the agency in response to U.S. laws or presidential executive orders.
Law Glossary
What Is the Standard for the FDA to Grant a Generic Drug License?
An Abbreviated New Drug Application (ANDA) must contain evidence that the proposed generic drug product is bioequivalent to the reference drug.
Law Glossary
The area of nutrition claims law deals with the regulations and violations related to listing the nutrient content of products, as well as making nutrient content claims. Food labeling guidelines are normally handled by the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC). The FDA does provide rules for those who do the food labeling. A Nutrition Facts label is required on most food packages that have labels. In some cases, food and dietary supplement claims are regulated by law or through the FDA. One area of nutrition claims law involves the class action lawsuits filed by consumers to challenge a label claim.