Winstead PC

500 Winstead Building 2728 N. Harwood Street
Dallas, TX 75201, United States

  • 214.745.5400
  • 214.745.5390

IRS Expands Permissible Mid-Year Cafeteria Plan Elections

On September 18, 2014, the IRS issued Notice 2014-55, which expands permissible mid-year election changes under “cafeteria plans” to address two specific situations that have arisen in connection with the implementation of…more
| Labor & Employment Law, Health, Taxation

What Employer Shared Responsibility Does Not Say

So much energy has been spent on what the final regulations on the employer shared responsibility tax and the related final reporting regulations (the “ESRR”), that some of the most significant considerations have been missed…more
| Civil Rights, Labor & Employment Law, Health, Taxation

USPTO to Host America Invents Act Roadshow in Seven Cities Nationwide

The U.S. Patent and Trademark Office announced that it will host seven roadshow events across the country to increase public understanding of the First Inventor to File (FITF) provisions of the America Invents Act. The roadshow…more
| Intellectual Property

Board Oversight of Cybersecurity

Cyber-attacks on U.S. companies have increased over recent years resulting in significant costs to companies. According to surveys, U.S. companies have experienced a 42% increase between 2011 and 2012 in the number of…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology, Securities Law

Personal Audio No Longer Trolling Adam Carolla

Adam Carolla has reportedly settled the lawsuit that was filed against him by Personal Audio LLC. The Agreed Motion to Dismiss Claims is available for review, but the specific terms of the settlement have not been disclosed—the…more
| Communications & Media Law, Intellectual Property

Ongoing Developments in Patent Law: Claim Construction on Appeal, Indefiniteness, and PTAB Decisions

There are a few patent cases to keep track of in the future that may have an impact on claim construction, indefiniteness, and Patent Trial and Appeal Board (PTAB) decisions…more
| Civil Procedure, Intellectual Property

Reviewing Potential Investments With Your Clients

On August 4, 2014, the SEC issued an Investor Alert citing 10 Red Flags that should give investors an indication that an unregistered offering may be a scam. If you are considering an investment in an unregistered offering or…more
| Finance & Banking, Securities Law

Is Your Purchaser Accredited? Clarifications from the SEC

Under Rule 506(c), companies can now engage in a general solicitation in conducting private placements but if they do so, they must verify that each purchaser is accredited. The SEC has provided some safe harbors for…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law, Taxation

The Cost of Defending Against Patent Trolls

It should come as no surprise that defending against Non-Producing Entities—most of which are Patent Trolls —is expensive, especially for small businesses and corporations. In support of his ongoing legal battle with the patent…more
| Civil Procedure, Civil Remedies, Elections & Politics, Intellectual Property

Victims of Patent Trolls Get Re-Sharpened Weapon in their Defense

Fee-shifting in patent infringement suits has been authorized by statute since 1952, for application in “exceptional cases.” For the past nine years, that statute has not often been applied as a result of the Federal Circuits’…more
| Civil Procedure, Civil Remedies, Intellectual Property

Patent Troll

The term “Patent Troll” evokes a certain characteristic storybook image. James Logan of Personal Audio, LLC may not be that gnarled green monster hiding under a bridge, but to many Podcasters he is a similarly threatening…more
| Civil Procedure, Intellectual Property

Are Computer-implemented Inventions Patent Eligible? Go ask Alice

On June 19, 2014, the U.S. Supreme Court issued a unanimous decision in Alice Corp. v. CLS Bank Int’l (Alice). In Alice, the Court held that several computer-implemented patents were not eligible for patenting under 35 U.S.C…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Carolla Going after the Patent Trolls

Adam Carolla continues his battle against the patent troll, Personal Audio, LLC. So far, Carolla has spent more than $450,000 in attorney fees. The result? There has been enough discovery for Carolla to determine that…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Supreme Court Strikes Down Contraceptive Mandate for Closely-Held Companies

On June 30, 2014, the United States Supreme Court held, in a 5-4 decision, that the contraceptive mandate included under the Patient Protection and Affordable Care Act (“PPACA”) violates federal law. The Court’s holding in…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Labor & Employment Law, Health

One, Two Punch for Moench – Supreme Court Eliminates Presumption for Employer Stock Investments

The United States Supreme Court issued a unanimous opinion on June 25, 2014 in the case of Fifth Third Bancorp v. Dudenhoeffer. While the Supreme Court’s holding substantially affects the fiduciaries of all employee stock…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Business Torts, Securities Law
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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
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Number of Attorneys

100+ Attorneys

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