Overview

Rich Winter is an attorney in Holland & Knight's Chicago office. Mr. Winter's litigation experience includes the following:

  • Shareholder and fiduciary litigation. Representation of fiduciaries, beneficiaries and shareholders in corporate governance, trust administration and employee stock ownership plan (ESOP)-related issues.
  • Insurance. Litigation of claims involving coverage (Commercial General Liability, Property, Errors and Omissions (E&O), Directors and Officers Liability, Fidelity, Business Interruption, Professional Liability), brokers E&O, trade secrets and non-compete issues.
  • Trade secrets and non-competition agreements. Prosecution and defense of trade secret claims, and non-competition agreements in software, insurance, plastics, food processing, distribution, electronics and other industries.
  • Antitrust and business torts. Prosecution and defense of price fixing, monopolization and exclusive dealing claims, as well as civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims, fraud and tortious interference theories.
  • Contingency fee commercial litigation. Prosecuted contract, antitrust, business torts, trade secrets, insurance coverage and shareholder matters, with more than 10 cases resulting in settlement/judgments between $1 million and $725 million.

Mr. Winter's representative matters include:

Fiduciary and Corporate Governance

  • Defense of ERISA and state law claims brought against valuation firm in ESOP-related litigation
  • Obtained $725 million judgment on behalf of a majority shareholder and related beneficiaries in oppression and breach of fiduciary duty claims brought against other shareholders and trustee
  • Representation of Class B unit holders in multimillion-dollar redemption dispute with private equity firm in Delaware Chancery Court
  • Representation of minority shareholder in $20 million oppression and fiduciary duty dispute involving second-generation owners of a privately held food distributor
  • Representation of second-generation shareholders in claim involving alleged waste and fraudulent transfer of majority ownership interest
  • Representation of company against claims brought by shareholder dissenting to an ESOP transaction
  • Represented taxpayer challenging assessment of multimillion-dollar excise tax arising out of ESOP transaction

Insurance

  • Representation of hospital in recovery of multimillion-dollar coverage claims against two of its professional liability insurers
  • Represented managing general agent seeking coverage from Commercial General Liability (CGL) carrier for advertising injury claim
  • Represented managing general agent in business tort claims against competitor, obtaining multimillion recovery
  • Represented bank in $4 million "employee dishonesty" claim against Fidelity Bond insurer
  • Represented national luxury travel provider in $20 million claim against CGL and E&O carriers
  • Represented managing general agent in claims made by carriers alleging violation of underwriting guidelines
  • Defense of national insurance broker in claims arising out of alleged $100 million loss of goods in French warehouse fire

Mergers and Acquisitions (M&A)/Securities

  • Defense of publicly traded distributor of electrical components against claim arising out of disposition of product line and alleged breach of Asset Purchase Agreement's representations and warranties
  • Defense of publicly traded distributor of electrical components against claim that stock used to make acquisition was overpriced due to accounting irregularities
  • Defense of securities fraud claims arising out of private placement

Trade Secrets and Other Intellectual Property

  • Representation of national building products distributor in trade secret and non-competition claim against former officers
  • Defense of distributor of specialty candies against claim that formula for nationally distributed product was trade secret belonging to another
  • Prosecution of trade secret claim arising out of theft of technical engineering data
  • Prosecution of Lanham Act claims involving trade dress issues on behalf of German manufacturer of electrical relays against U.S. manufacturer
  • Prosecution of trade secret claim on behalf of plastic injection molder alleging that opportunity for development of new product for largest customer was misappropriated by former sales representative
  • Prosecution of trade secret claim against former sales representative who misappropriated key sales data

Business Torts, Including Antitrust

  • Representation of publicly traded business forms manufacturer in prosecuting patent-related antitrust tying claim, and defense of patent infringement claim
  • Defense of class action alleging price fixing among 15 defendants in bidding during Cook County, Ill., property tax sales
  • Prosecution of monopolization and exclusive dealing claims by radiologist against physician group
  • Defense of hospital holding company against alleged violations of Sherman Act and §1981
  • Defense of international licensor of independent grocers against antitrust and Racketeer Influenced and Corrupt Organizations Act (RICO) claims

Other Litigation

  • Defense of Chicago newspaper in class and individual actions arising out of alleged overstatement of circulation
  • Successfully challenged newspaper claim of reporter's privilege on behalf of insurance company seeking photos of exterior of burning building
  • Defense of 10 hospitals in breach of fiduciary duty case, including lead counsel for formulation of insurance recovery strategy
  • Defense of class action brought under Illinois Biometric Information Privacy Act

Credentials

Education
  • Chicago-Kent College of Law, J.D., with honors
  • University of Illinois, B.S.
  • DePaul University, MBA
Bar Admissions/Licenses
  • Illinois
Court Admissions
  • U.S. Supreme Court
  • U.S. Tax Court
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Northern District of Alabama
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Western District of Kentucky
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the District of Nebraska
  • U.S. District Court for the District of Nevada
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Western District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Western District of Oklahoma
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the District of South Carolina
  • U.S. District Court for the Southern District of South Dakota
  • U.S. District Court for the District of Vermont
  • U.S. District Court for the Western District of Virginia
  • U.S. District Court for the Western District of Washington
  • U.S. District Court for the Eastern District of Wisconsin
Memberships
  • American Bar Association
  • Chicago Bar Association
Honors & Awards
  • Illinois Bar Foundation Honorary Fellow, December 2018
  • Chicago-Kent College of Law Public Interest Awards, Outstanding Pro Bono Service Award,2018
  • United States District Court for the Northern District of Illinois, Award for Excellence in Pro Bono and Public Interest Service, 2013

Publications

Speaking Engagements

News