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

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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:

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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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