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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.
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.
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.
Experience 121 results
Experience
|November 11, 2024
Experience
|October 24, 2024
Winston Represents GHOST in Definitive Agreement to be Acquired by Keurig Dr Pepper
Experience
|October 15, 2024
Insights & News 1,967 results
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.
Client Alert
|November 12, 2024
|2 Min Read
Fifty Days Left to Comply with the Corporate Transparency Act
Today, November 12, 2024, marks the 50-day countdown to January 1, 2025. Reporting companies created prior to January 1, 2024, must report information concerning their beneficial owners by January 1, 2025. While many company leaders may be understandably focused on closing deals or wrapping up projects by the end of December, they would be wise to ensure their organization’s compliance with the Corporate Transparency Act (“CTA”) before heading off to ring in the New Year. Is your organization prepared to comply with the CTA? Read more in our alert.
Global Trade & Foreign Policy Insights
|November 12, 2024
|10+ Min Read
Winston’s Takeaways from the Final Outbound Investment Rule
On October 28, 2024, the U.S. Department of the Treasury’s (Treasury) Office of Investment Security published the final text of the Outbound Investment Security Program (the Final Rule). The Final Rule will become effective January 2, 2025. Any “Covered Transaction” entered into on or after that date will be subject to the prohibitions and affirmative legal requirements applicable to “U.S. persons” under the Final Rule. As background, the Final Rule is designed to prevent (or in some cases require notification of) U.S. investments in businesses that could benefit a Country of Concern’s semiconductor-manufacturing, artificial intelligence (AI), or quantum-computing capabilities, with a particular focus on investments that would typically be accompanied by intangible benefits such as access to investment and talent networks, enhanced access to additional financing, enhanced standing and prominence, or managerial assistance. Currently, the only designated “Country of Concern” is the People’s Republic of China, including the Special Administrative Regions of Hong Kong and Macau (collectively, China).
Other Results 77 results
Law Glossary
What Are Interchangeable Biological Products?
A biological product is interchangeable if it is biosimilar to the reference product and is expected to produce the same clinical result as the reference product in any given patient. A biosimilar product that is deemed to be interchangeable by the FDA means the biosimilar product can be substituted for the reference product by a pharmacist without consulting the prescriber. The specific requirements for substitution vary by state.
Site Content
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.
Site Content
What Is a Manufacturing Defect?
In the product liability context, a manufacturing defect claim arises when a plaintiff alleges that a mistake occurred during the manufacturing process of a particular product that made it different from its intended design. Unlike a design defect claim, which concerns the inherent dangers of a product’s design, manufacturing defect claims focus on deviations from the product’s intended specifications.