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Capabilities 71 results

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

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

Industry

Insurance

Insurance plays an essential role in risk mitigation for financial services companies. As risks evolve, questions often arise concerning the scope of insurance coverage and the interpretation and application of policy provisions. Winston’s insurance lawyers provide companies with best-in-class advice, corporate and transactional counsel, and, if need be, litigation defense in high-stakes coverage disputes and class actions. We have achieved excellent outcomes for our clients in matters involving a wide variety of insurance policies and claims, including cybersecurity, travel, long-term care, and annuities, among others. Moreover, we have experience in emerging issues and industries, such as blockchain technology and artificial intelligence, both of which present insurers with a unique and complicated set of risks and opportunities....Read more

Insights & News 2,244 results

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

Competition Corner

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November 14, 2024

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8 Min Read

A Second Trump Presidency: How Will It Impact Antitrust Merger Review?

Last week, Donald Trump was elected to serve as the 47th president of the United States. President Trump’s election raises questions about the future of antitrust policy and enforcement, particularly following the major policy shifts and increased scrutiny of mergers and acquisitions under the Biden administration.

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Other Results 46 results

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

Site Content

What Is a Trade Secret?

The United States Patent and Trademark Office refers to a trade secret as a type of intellectual property. This definition of trade secret is in reference to the business ownership of a formula, pattern, compilation, program, device, method, technique, or process that provides a competitive edge. As a member of the World Trade Organization, the U.S. government has a responsibility to protect trade secrets. The passage of the Defend Trade Secrets Act of 2016 (DTSA) also increased trade secret protection. Under the DTSA, an individual or organization may be found liable in a civil case for the misappropriation of trade secrets....Read more
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