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Capabilities 73 results

Practice Area

Derivatives & Structured Products

Winston represents swap dealers, major swap participants, financial intermediaries, hedge funds, national exchanges, and end-users in a broad array of derivative transactions ranging from highly structured transactions to more traditional trading or hedging transactions, and in regulatory and enforcement issues related to commodities and derivatives....Read more

Practice Area

Financial Services Transactions & Regulatory

Winston’s attorneys routinely advise clients with respect to all major banking, FinTech, broker-dealer, investment adviser, and securities laws, and we bring considerable financial services regulatory experience to these matters. Our knowledge and experience enable us to represent clients effectively and efficiently in this current environment of change and evolution....Read more

Practice Area

Product Liability & Mass Torts

Major multinational companies trust Winston to defend their products and reputations in high-profile, high-stakes product liability and mass tort claims. Our Product Liability & Mass Torts Practice is one of the industry’s most seasoned, with a deep bench of experienced lawyers and a unique combination of extensive trial experience and expansive technical knowledge....Read more

Insights & News 2,217 results

Sponsorship

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November 25, 2024

Winston & Strawn Co-Hosts NextGen Judicial Panel

Winston & Strawn is proud to co-host a judicial panel discussion with The Next Generation Lawyers Group, Berkeley Center for Law & Technology, and the ABA Antitrust Unilateral Conduct Committee, during which three judges will provide advice for young lawyers on their development as advocates and as professionals....Read more

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

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.

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Other Results 37 results

Site Content

What Is Specific Causation?

Specific causation is the legal and scientific determination of whether the product in question was the direct cause of a plaintiff's specific injury. While general causation inquires whether a broader connection exists between a product and a type of harm, a specific causation assessment focuses on the unique circumstances surrounding a particular plaintiff's case. It typically requires expert testimony demonstrating that the alleged defect or issue in the product was responsible for the specific injuries suffered by the plaintiff. Alternative explanations for the plaintiff’s specific injuries must also be ruled out—typically via a differential etiology—for specific causation to be established....Read more

Site Content

What Is General Causation?

In the product liability context, general causation is the legal and scientific determination of whether the product in question has the inherent capability to cause the alleged injury under certain circumstances. Establishment of general causation is a critical aspect of a plaintiff’s case, and typically requires scientific evidence, such as epidemiology or toxicology, and expert testimony to establish a causal connection between the product’s design, manufacturing, or warnings and the injury or injuries at issue. As contrasted to specific causation, the focus in a general causation inquiry is on whether the product or exposure, as a general matter, can cause the type of injury claimed by the plaintiff. A general causation inquiry does not assess any facts unique to a particular plaintiff....Read more

Law Glossary

What Is Workplace Privacy Law?

Workplace privacy law involves the legal questions that arise as employers monitor their employees’ activities. Companies may monitor through visual surveillance, such as cameras, and electronic surveillance, and email audits. Businesses monitor to protect confidential information and to help prevent behavioral violations. Employers have broad rights to copy and monitor email sent over company electronic systems and to view these emails as business property. Emails can be monitored based on a number of business principles, including to encourage productivity and discourage illegal activity. Regarding surveillance, employees are allowed reasonable expectations of privacy in areas such as bathrooms. Legal issues may arise when hidden cameras are placed in work areas where employees are not aware of the surveillance....Read more
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