Winston & Strawn Adds More Than 40 Howrey IP and Commercial Litigation Atttorneys, Establishes Houston Office

CHICAGO, IL, March 17, 2011 -Winston & Strawn, LLP announced today that it is being joined by more than 40 Howrey intellectual property and commercial litigation attorneys whose groups complement Winston’s own global IP and litigation practices.

A sizeable percentage of the new partners expected to join Winston are currently resident in the Houston office of the former Howrey law firm, a number of whom had practiced with Arnold, White & Durkee before its merger with Howrey in 2000. Adding a Houston presence will raise Winston’s total number of offices to 15.

“We are delighted to welcome these Howrey colleagues and practices to Winston,” said Dan K. Webb, the firm’s chairman. “The synergies for our existing IP and litigation practices are outstanding.”

“We saw this opportunity as being a particularly attractive fit for Howrey’s IP and civil litigators in Houston because of Winston’s already strong presence in key industries such as pharmaceuticals and financial institutions,” said Stephen H. Cagle, the office managing partner in the Houston office.

Added Winston’s firm-wide managing partner Tom Fitzgerald: “The addition of this great Howrey team is another step in carrying out Winston’s firm-wide strategic business plan. We will continue growing practices that meet client needs and expectations and provide synergies with our existing platform.”

Since 2008, Winston has opportunistically established a significant presence in such growing markets as Beijing, Charlotte, Hong Kong, and Shanghai. Meanwhile, it has hired a number of veteran corporate and litigation partners from other law firms for its various offices, including those in Chicago, Washington, D.C., Los Angeles, New York, and San Francisco. Most recently, the firm added prominent IP litigators Richard Price and Gareth Morgan to its London office and Michael Murray to its New York office.

Contact: Darryl Van Duch, Senior Communications Director, 312.558.6185

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Winston’s Elizabeth Papez Updates SCOTUS Business Cases

Washington, DC, March 16, 2011 1:00 p.m. EDSTElizabeth Papez, a litigation partner and member of Winston & Strawn’s nationwide appellate and critical motions practice, delivered a bar-accredited presentation to the Firm’s global partnership this past weekend on some of the key business and civil practice cases before the U.S. Supreme Court this Term.

The presentation began with coverage of the Court’s recent decisions in two federal preemption cases that could have significant practical implications for business and industry. Papez then covered civil practice cases involving commercial arbitration rights, state court jurisdiction over foreign corporations, and the extent to which U.S. courts can create private rights of action against corporate defendants before addressing the biggest class action, securities, and patent cases before the Court: Walmart v. Dukes, Smith v. Bayer, Janus Capital v. First Derivative Traders, and Microsoft v. i4i.

Papez also covered some important labor decisions, including the Court’s recent decision on cat’s paw liability in Staub v. Procter Hospital, as well as an important False Claims Act case, Schindler v. US ex rel Kirk, the commercial and jurisdictional significance of which Papez recently addressed in a Federalist Society SCOTUScast. A link to the podcast is available here Fed Society SCOTUS Podcast

As Papez explained in that broadcast, “The Supreme Court’s ruling in Kirk could significantly impact the many multi-billion dollar industries that do business with the federal government because the decision will help define the circumstances in which plaintiffs who are not government lawyers, and would otherwise lack standing to sue, can use the federal courts to pursue large financial bounties for proving fraud on the Government.”

Winston & Strawn LLP is an international law firm with over 900 attorneys in 14 offices.

Contact: Pamela Whitney, Whitney Corporate Relations: 202.747.4440
Elizabeth Papez, Winston & Strawn Partner, 202.282.5678

Posted in LEGAL NEWS TO USE, U.S. CONGRESS, U.S. SUPREME COURT, US Department of Justice, Winston & Strawn LLP | Tagged , , , , , | Leave a comment

Federal Prosecutors Pierce Corporate Attorney-Client Privilege

Sullivan Addresses Attorney-Client Privilege in the Corporate Setting

William Sullivan, a litigation partner based in Winston & Strawn’s Washington, D.C. office, was quoted in Corporate Counsel on March 8, 2011. The article, “Court to Rule in Case of Imprisoned U.K. Exec That Carries Major Privilege Implications,” addresses how far prosecutors can go to pierce a corporate executive’s attorney-client privilege.

Mr. Sullivan, who has testified twice before the House Judiciary Committee regarding the protection of the attorney-client privilege, drew on United States of America v. Ian P. Morris which involves Morris, former CEO of the Morgan Crucible Co., who was convicted of price-fixing on carbon products. Federal prosecutors used the company’s outside counsel to testify against and convict Morris. The case is now before the Court of Appeals for the 3rd Circuit. The appeal will go before a three-judge panel, without oral argument, on March 15, 2011.

“The conviction creates deeply troubling implications for the attorney-client privilege in the corporate setting,” said Bill. Sullivan commenting on the case. “The district court inexplicably permitted the government to puncture Norris’ attorney-client privilege, by allowing the government to present at trial his former defense attorney in order to elicit Norris’ privileged communications, even when documents and testimony firmly established the vitality of their attorney-client relationship,” he concluded.

Contact: Pamela Whitney, Whitney Corporate Relations – 202.747.4440
or Bill Sullivan, 202.282.5744
Sullivan Bio:

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Winston & Strawn Bolsters Advertising, Marketing and Regulatory Investigations Practice With Addition of Anthony E. DiResta to its Washington, D.C. Office–strawn-bolsters-advertising-marketing-and-regulatory-investigations-practice-with-addition-of-anthony-e-diresta-to-its-washington-dc-office-117405988.html

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Gene Schaerr at Winston & Strawn Today Reacted to the U.S. Supreme Court’s 8-1 Vote on Protesting at Military Funerals

Editor’s Advisory:
March 2, 2011

Gene Schaerr at Winston & Strawn Today Reacted to the U.S. Supreme Court’s 8-1 Vote on Protesting at Military Funerals

“Although my client, The American Legion, and I are disappointed in the outcome of the decision, we’re grateful that the Court wrote its opinion with a full awareness of the recently enacted federal and state laws governing funeral protests, and in a manner that is unlikely to cast any doubt on the constitutionality of those laws,” said Gene Schaerr, firm-wide chair of Winston & Strawn LLP’s Appellate, Critical Motion & Constitution Litigation Practice.

“We’re also pleased that the U.S. Supreme Court recognized how offensive the protests at issue in this case were to the family and to all those who have served honorably in our Nation’s military,” Schaerr concluded.

For further comment: Contact: Gene Schaerr: 202.282.5845
or Pamela Whitney, Whitney Corporate Relations: 202.747.4440

Schaerr’s Bio:

Posted in FIRST AMENDMENT, Legal Media, U.S. CONSTITUTION, U.S. SUPREME COURT | Tagged , | Leave a comment


Editor’s Advisory – SCOTUS & Intellectual Property Reporters
February 15, 2011

Talk America’s Telecom Case Discussed at FREE Webinar Tomorrow, February 16, 2011 at the Washington Legal Foundation. Register Today, 202.588.0302/

Posted in FIRST AMENDMENT, Legal Media, LEGAL NEWS TO USE, Patent, Talk Radio, Trademark & Copyright law, U.S. SUPREME COURT, Winston & Strawn LLP | Tagged , , , , , , , , , , , , | Leave a comment

Patent Trolls Attack Business — Tomorrow, 9/22 FREE Webcast 10 a.m. EDT

Editor’s Advisory CONTACT: Pamela Whitney: 202.747.4440, Gene Schaerr: 202.282.5845
September 21, 2010

WHO: Gene C. Schaerr & Jason Loshin, Winston & Strawn LLP
WHAT: Washington Legal Foundation — Free Webinar Tomorrow — “DOING BATTLE WITH “PATENT TROLLS”:

Live Webcast @
Wednesday, September 22, 2010
10:00 a.m. – 11:00 a.m. EST
Free Online Registration Required

This interactive program examines the strategic
decision making required when businesses face
lawsuits from “patent trolls” — entities who pos-
sess but don’t innovate based on patent holdings.

Winston & Strawn partner Gene Schaerr scored a huge win at the U.S. Court of Appeals for the Federal Circuit, overturning a $34 million East Texas jury verdict against Hyundai – which always alleged that the patent owned by the patent holding company, Orion IP, was “junk.” Who was Orion’s owner/manager? An infamous patent troll by the name of Erich Spangenberg, who is deeply litigious.

Gene Schaerr and Jacob Loshin will give an insider’s look at how the case was litigated successfully. Based on their experience in this and other cases, they will suggest strategies for avoiding the land mines presented by this kind of litigation. They will also discuss when hard-fought litigation may be more appropriate–and ultimately less expensive–than settlement.

“It’s not a monkey on businesses’ back — it’s a patent troll, and if not handled properly it can hurt your client’s business,” said Gene Schaerr, firm-wide chair of Winston & Strawn’s Appellate and Critical Motions practice.

The Washington Law Foudation is a public interest law firm and policy center dedicated to preserving free enterprise.

Archived Seminars available @
Email them to
for answers during the webcast!

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U.S. House & Senate Maritime Bills Will Impact All Maritime Commerce

Editor’s Advisory:
September 21, 2010
Winston & Strawn Washington, DC
Contact: Pamela Whitney 202.747.4440

Major Maritime Reform Efforts Moving Through Congress Impact All Maritime Commerce

Attached is a media briefing of the House and Senate legislation moving through the U.S. Congress as a result of the DEEPWATER HORIZON incident.

What few have failed to realize is that if this legislation becomes law, it will have a broad reaching impact on ALL MARITIME COMMERCE.  Charlie Papavizas is considered one of the industry’s leading experts on maritime law and has a twenty-five year maritime legal practice in Washington, DC.  Currently he is a partner  in Winston & Strawn’s Washington, DC office — bio attached.

Charlie’s briefing focuses on the legislation’s impact beyond drilling operations, such as proposed changes to the Shipowners’ Limitation of Liability Act and efforts to “Americanize” the U.S. Exclusive Economic Zone (EEZ). The changes being considered in these potential laws  — that go well beyond dealing with a future DEEPWATER HORIZON-type incident —  address The Clear Act and the OPA 90 Liability Cap and are summarized in three general categories:

1.  Pollution Liability
2.  General Liability
3.  Regulatory Changes

Media Review attachment:

Click to access MaritimeReReformBills.pdf

Pamela Whitney 202.747.4440 or Charlie Papavizas 202.282.5732 direct line

Posted in BP Oil Spill, Cable Network Shows, Daily Newspapers, DEEPWATER HORIZON LEGISLATION, Legal Media, Maritime Law, The Clearwater Act, U.S. COASTGUARD, U.S. SHIP BUILDERS, US CONGRESS, Winston & Strawn LLP | Tagged , , , , , | Leave a comment

Litigator, U.S. Supreme Court Clerk & Former DOJ Deputy Assistant AG Elizabeth Papez joins Winston & Strawn in DC

FOR IMMEDIATE RELEASE CONTACT: Darryl Van Duch — Winston & Strawn LL
September 20, 2010 Firm-wide Communications Manager
Winston & Strawn LLP
OR: Pamela Whitney 202.747.4440 DC


WASHINGTON, D.C. — Winston & Strawn LLP announced today that highly regarded litigator and advisor, Elizabeth P. Papez, will join the firm as a partner this fall. Papez recently served as Deputy Assistant Attorney General in the U.S. Justice Department’s Office of Legal Counsel and as law clerk to U.S. Supreme Court Justice Clarence Thomas. Also a former appellate and commercial litigation partner at Kirkland & Ellis LLP, Papez brings to Winston a formidable combination of experience in the Executive Branch and private practice as well as a rare and coveted perspective on the judiciary and top-level appellate work.
As Deputy Assistant Attorney General from 2007 to 2009, Papez advised senior officials at the White House and Executive Branch agencies on a wide range of legislative, regulatory, and enforcement matters concerning financial regulation, national security, intellectual property, and other areas now governed by, among other things, the recently-amended False Claims Act (FCA), the Dodd-Frank Wall Street Financial Reform Act, the Patient Protection & Affordable Care Act (PPACA or Health Reform Bill), and the Foreign Investment & National Security Act (FINSA). She also testified and briefed members of Congress on matters concerning pharmaceutical and intellectual property regulation, government contracting, and whistleblower rights, and represented the United States in several federal appeals before working on a wide range of current legal issues and trends at the Supreme Court.
As a litigator at Kirkland from 2000 to 2007, Papez represented corporate clients in appellate, commercial, and regulatory matters involving federal and state constitutional questions, complex commercial and procedural issues, antitrust, securities, and bankruptcy-related disputes, corporate and consumer fraud, contract, and product claims, and trade and telecommunications regulation. Prior to entering private practice, Papez served as a research analyst in the National Security and International Affairs Division of the White House Office of Science and Technology Policy and as law clerk to the Honorable Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
“Elizabeth brings a truly exceptional blend of experience and legal skills gained from her positions in both the public and private sectors,” said Thomas Frederick, chair of Winston’s Litigation Department. “Few lawyers with such experience have clerked for the Roberts Court and that distinction, combined with Elizabeth’s understanding of Washington, D.C. and her success in advising on legal and enforcement issues of recent and high-level importance, are unquestionable assets to our office and to our national litigation services,” added Thomas Mills, managing partner of Winston’s Washington, D.C. office.
“I’m thrilled to return to private practice as part of Winston’s preeminent national litigation team,” Papez said. “The firm’s track record, storied reputation, and the opportunities in the Washington office are just a few of the reasons I joined Winston, and I look forward to drawing on my experience to further the firm’s tradition of achieving clients’ strategic objectives from the inception of a case through appeal.”
Papez earned her J.D. from Harvard Law School, where she was editor of the Harvard Law Review and articles and symposium editor of the Harvard Journal of Law & Technology. She earned a B.S., summa cum laude, from Cornell University.
Last month, the firm announced the arrival of another prominent litigator, Caryn Jacobs, who focuses on securities, accounting/auditing and ERISA litigation, to its Chicago office.
Winston & Strawn LLP is an international commercial law firm with 14 offices in America, Asia and Europe. More information about the firm is available at

Washington, DC Contact: Pamela Whitney 202.747.4440 or

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Forbes Reports on Meritor Savings Bank v. FDIC Case

Posted in FDIC, FDIC bank regulations, Legal Media, Talk Radio, U.S. CONGRESS, Winston & Strawn LLP | Tagged , , , , , | Leave a comment