Richard R Winter

Partner
  • T 312.715.5796

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

  • Shareholder and fiduciary litigation. Representation of companies, fiduciaries and shareholders in corporate governance issues.
  • Insurance Litigation of claims involving coverage (CGL, Property, E&O, D&O, Fidelity, BI, Prof. Lia.), brokers E&O, pricing, trade secrets and non-compete issues.
  • Intellectual property. Prosecution and defense of trade secret, copyright, trademark and patent infringement claims in software, insurance, plastics, food processing and distribution, electronics and other industries.
  • Antitrust and business torts. Prosecution and defense of price fixing, monopolization and exclusive dealing claims, as well as civil RICO, fraud and tortious interference theories.
  • Other. Prosecution and defense of numerous other causes of action, including breach of asset/stock purchase agreements and other contracts, products liability, physician privileging, partnership dissolution, constitutional violations, lender liability.

Mr. Winter's representative matters include:

Shareholder Disputes

  • Representation of class B unit holders in multi-million 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 leading food distributor. Circuit Court of Cook County, Illinois.
  • Representation of second-generation shareholders in claim involving alleged waste and fraudulent transfer of majority ownership interest. Circuit Court of Kane County, Illinois.
  • Representation of company against claims brought by shareholder dissenting to ESOP transaction.

Insurance

  • Representation of hospital in recovery of $3.5 million coverage claim (settled for $3.0 million), and $9.7 million coverage claim (summary judgment entered in favor of client), against two of its insurers. Catholic Health Partners Services v. Lexington Insurance Company, Northern District of Illinois; Catholic Health Partners Services v. CHRPP and Willis, Circuit Court of Cook County, Illinois.
  • Represented managing general agent seeking coverage from CGL carrier for advertising injury claim. Summary judgment granted in favor of client. Axiom Insurance Managers Agency v. Capitol Specialty, 876 F. Supp. 2d 1005 (N.D. Ill. 2012).
  • Represented managing general agent in business tort claims against competitor. Axiom Insurance Managers Agency v. Indemnity Insurance Corp., RRG, N.D. Illinois.
  • Represented bank in $4 million "employee dishonesty" claim against Fidelity Bond insurer. Metrobank v. Progressive Ins. Co., N.D. Illinois.
  • Represented national luxury travel provider in $20 million claim against CGL and E&O carriers. Abercrombie & Kent v. Arrowood, Circuit Court of DuPage County, Illinois.
  • Represented managing general agent in claims made by carriers alleging violation of underwriting guidelines. Capitol Indemnity Corp. v. Axiom Ins. Mgrs. Agency, AAA, Arch Specialty Ins. Co. v. Axiom Ins. Managers Agency, S.D. NY
  • Defense of nation’s second largest excess and surplus lines carrier in various matters, including Lanham Act and state unfair competition claims. AAO v. Scottsdale Ins. Co., Northern District of Illinois; National Emergency Services v. Scottsdale Ins. Co., Southern District of Texas and Harris County (Houston), Texas.
  • Defense of national insurance broker in claims arising out of $100 million loss of goods in French warehouse. Settled after three days of trial. Bull Data Systems v. Allendale et al., Northern District of Illinois. (Responsible for European coverage and damages issues).
  • Negotiation and resolution of claims on behalf of insureds seeking coverage under Directors and Officers liability insurance coverage, including claims for securities fraud, employment discrimination and antitrust actions.
  • Defense of specialty broker against claim of improper set-off. Summary judgment entered in favor of broker. Reliance National Insurance Company v. Shriver, Inc., Northern District of Illinois, Seventh Circuit.

M & A/Securities

  • Defense of publicly traded distributor of electrical components against $18 million claim arising out of disposition of product line and alleged breach of Asset Purchase Agreement's representations and warranties. Settled after bench trial, but before decision rendered by court. Acuity Brands, Inc. v. Thomas & Betts Corporation, Northern District of Georgia.
  • Defense of publicly traded distributor of electrical components against $35 million claim that stock used to make acquisition was overpriced due to accounting irregularities. Favorably settled. Green et al. v. Thomas & Betts Corporation, Southern District of Ohio.
  • Defense of publicly traded distributor of electronic components against allegation that stock used to make acquisition was overpriced. Case settled with client recovery on counterclaim. Snyder et al. v. Thomas & Betts Corporation, Northern District of Illinois.
  • Defense of securities fraud claims arising out of private placement. Sabbiah v. VHx Corporation, Southern District of Iowa.
  • Defense of multi-million escrow claims arising out of sale of subsidiary of publicly traded electronics distributor. Case settled. ACI Communications, Inc. v. Thomas & Betts Corporation, Western District of Washington.

Trade secrets and other intellectual property

  • Representation of publicly traded business forms manufacturer in prosecuting patent-related antitrust tying claim, and defense of patent infringement claim. Summary judgment entered in favor of client. Jac USA (subsidiary of Avery Dennison) v. Precision Coated Products, Inc., Northern District of Illinois.
  • Defense of national distributor of specialty candies against claim that formula for nationally distributed mint product was trade secret belonging to another, and prosecution of related unfair competition and Lanham Act claims. Case settled. Bentley Specialties v. CKI, Circuit Court of Cook County, Illinois.
  • Defense of insurance broker against Lanham Act claims brought by insurance company. Prevailed in preliminary injunction hearing; reversed by Seventh Circuit; jury verdict in favor of plaintiff with nominal damage award. Meridian Insurance Group v. Meridian Insurance Company, Northern District of Illinois.
  • Prosecution of $16 million trade secret claim arising out of theft of technical data for former employee. Case pending. Richards Manufacturing Company v. Thomas & Betts Corporation, District of New Jersey.
  • Prosecution of Lanham Act claims involving trade dress issues on behalf of German manufacturer of electrical relays against U. S. manufacture. Case settled. Gruner AG v. KG Components, Northern District of Illinois.
  • 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 rep . Case settled after three trial days. Schiffmayer Plastics Corporation v. Huerth et al., Circuit Court of McHenry County.
  • Prosecution of $30 million trade secret claim against former key sales representative who misappropriated key sales data. Case settled for eight-figure sum. Name Suppressed v. Name Suppressed, Northern District of Illinois (joined prosecution team six months before settlement).
  • Prosecution of copyright infringement claims on behalf of national software trade association. Cases settled for six figures. Adobe v. Suppressed, Eastern District of New York; Symantec v. Suppressed, Eastern District of Kentucky.
  • Defense of copyright infringement claim brought against intermodal software developer. Summary judgment entered in favor of developer, affirmed in Seventh Circuit. ITOFCA v. Megatrans, Northern District of Illinois.
  • Defense of regional stock exchange specialist in case alleging infringement of business methods patent for calculating prices of exchange trade fund securities. Case settled. Mopex, Inc. v. Chicago Stock Exchange et al., Northern District of Illinois.

Business Torts, Including Antitrust

  • Defense of class action alleging price fixing among 15 defendants in bidding during Cook County property tax sales. Case settled. Alexander et al. v. QTS et al., Northern District of Illinois.
  • Prosecution of monopolization and exclusive dealing claims against physician group. Jury verdict in favor of plaintiff, reversed by Eighth Circuit Court of Appeals. (Subsequent related state court action settled for in excess of $1 million) Read v. Medical X-Ray Center, District of South Dakota.
  • Defense of hospital holding company against alleged violations of Sherman Act and §1981. Case favorably settled. Marwaha v. Quorum Health Resources, et al., Northern District of Illinois.
  • Prosecution of Robinson-Patman Act claim on behalf of distributor of plastic film products. Case settled. Plastic Film Corporation v. Nan Ya Plastics Corporation, et al., Northern District of Illinois.
  • Defense of international licensor of independent grocers against antitrust and RICO claims. Case dismissed at initial pleading stages. Gokul v. IGA, Inc., Lexington County, South Carolina.

Media-Related Litigation

  • Lead litigator, heading team of ten-plus attorneys responsible for defending Chicago Sun-Times in $30 million class and individual actions arising out of overstatement of circulation. Central Furniture, et al. v. Hollinger Intl., Circuit Court of Cook County, Illinois.
  • Prosecuted claim on behalf of Chicago Sun-Times arising out of defective construction of state-of-the-art printing facility. Chicago Sun-Times v. McClier Corporation, Circuit Court of Cook County, Illinois.
  • Successfully challenged newspaper claim of reporter's privilege on behalf of insurance company seeking photos of exterior of burning building. Reported in Wall Street Journal. George J. Marketos, et al. v. American Employers Insurance Company, et al., Michigan Court of Appeals.

Other

  • Prosecution of breach of fiduciary duty and accounting claims arising out of operation of closely held corporation and post-death valuation of corporate stock. Case settled for in excess of $1 million over defendants' proposed valuation of client's interest in the company. Lafeber v. Lafeber, Circuit Court of Kane County, Illinois.
  • Represented taxpayer challenging assessment of multi-million dollar excise tax arising out of ESOP transaction. IRS dropped all claims one month before trial. Moher v. Commissioner, United States Tax Court.
  • Defense of bank holding company and certain directors in lender liability action. Case dismissed based on res judicata effect of bankruptcy discharge of borrower. Cabrera v. FNB Wheaton, et al., Circuit Court of DuPage County, Illinois.
  • Defense of ten hospitals in breach of fiduciary duty case, including lead counsel for formulation of insurance recovery strategy. Case settled for four figure sums from clients. Medical Waste Management v. Alexian Brothers et al., Northern District of Illinois.
  • Representation of bank holding company in various matters, including fraudulent conveyance action. Summary judgment entered in favor of client. Fidelity National Title Ins. Co. v. Bridgeview Bank & Trust Co., Northern District of Illinois.
  • Defense of integrated oil company against various employment claims, including same sex harassment and race discrimination claims. E.g., Schoiber v. EMRO Marketing Company, Northern District of Illinois (summary judgment for employer).
  • Labor and employment.
  • Corporate governance and securities. 

Honors & Awards

  • 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

Memberships

  • American Bar Association, Intellectual Property Section
  • American Bar Association, Antitrust Section
  • American Bar Association, Tort, Trial & Insurance Practice Section
  • American Bar Association, Litigation Section