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Capabilities 87 results

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

Industry

Energy Industry Litigation & Investigations

With our reputation as a trial lawyers’ firm serving as our foundation, we advocate for a variety of power producers, oil and gas companies, and oilfield services providers in high-stakes litigation throughout U.S. district and appellate courts. We also handle sensitive investigations, contentious regulatory and enforcement issues, and arbitration. Our bench is stacked with innovative legal and commercial problem solvers, many of whom came to Winston from in-house positions, amplifying their appreciation for C-suite complexities. By combining our knowledge of the energy industry with first-rate trial skills, and the experience our practitioners have gained from learning our clients’ businesses, we are positioned to obtain the best result for our clients efficiently—whether in the courtroom or a negotiated solution....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 4,572 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

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 133 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....Read more

Law Glossary

What Is Advertising Litigation?

Advertising litigation is defined as the legal area that covers false or deceptive advertising cases. Lawsuits may be brought by government agencies or corporate competitors based on the Lanham Act—a law that specifically deals with false advertising. The Act outlines how an advertisement can be deemed false. The Federal Trade Commission (FTC) has the ability to file lawsuits to halt deceptive advertising claims. The U.S. Food and Drug Administration may also pursue advertising litigation against violators of government regulations. Companies may be called on to substantiate their advertising claims, whether these are made in print or online....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
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