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Capabilities 74 results

Practice Area

Government Program Fraud, False Claims Act & Qui Tam Litigation

Investigations and litigation involving alleged fraud against the government pose a significant and growing threat to organizations and individuals across all industries that engage directly or indirectly in business with federal, state, and/or local governments. The government makes aggressive use of its extensive criminal and civil investigatory powers to root out alleged fraud and abuse implicating government funds, including one of its most powerful civil enforcement tools—the federal False Claims Act (FCA)—and similar state false claims statutes....Read more

Practice Area

Representation & Warranty Insurance Claims

Winston is a market leader in the field of representation and warranty insurance (RWI) claims. With an in-depth understanding of the complexities and nuances of contractual agreements, we are skilled at meticulously analyzing purchase agreements, identifying potential breaches, and formulating comprehensive recovery strategies. This enables us to deliver favorable outcomes for our clients, making us a go-to-choice for buyers seeking preeminent counsel in this nuanced area of law....Read more

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

Insights & News 2,218 results

Competition Corner

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November 22, 2024

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4 Min Read

Supreme Court’s Rejection of DOJ Appeal Could Shift the Landscape for Bid-Rigging Prosecutions

The U.S. Supreme Court has denied the request from the Department of Justice (DOJ) to review a ruling from the U.S. Court of Appeals for the Fourth Circuit that overturned the bid-rigging conviction of a former engineering firm executive because the indictment did not allege a per se antitrust violation....Read more

Product Liability & Mass Torts Digest

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November 21, 2024

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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.

Article

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November 21, 2024

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10+ Min Read

How To Safely Leverage AI In The Digital Assets Industry

This article was originally published in Law360. Reprinted with permission. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the authors’ opinions only....Read more
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Other Results 48 results

Law Glossary

What Is Consumer Fraud?

Consumer fraud is commonly defined as deceptive business practices that cause consumers to suffer financial or other losses. The victims believe they are participating in a legal and valid business transaction when they are actually being defrauded. Fraud against consumers is often related to false promises or inaccurate claims made to consumers, as well as practices that directly cheat consumers out of their money....Read more

Law Glossary

What Are Taste Claims?

Companies make flavor claims and place them on food labels. When companies list taste claims, they must use the correct terms when describing flavors. The FDA even defines how taste claims and flavor labels are used in marketing. If a flavor is improved or created by the addition of other ingredients, then an explanation of this is required. For example, “cherry” is used to describe a flavor that comes from real cherries. However, “cherry-flavored with other artificial flavors” might be needed if a blend of flavors was used....Read more

Law Glossary

What Is Nutrition Claims Law?

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....Read more
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