Over the past 30 years, Mr. Winawer has represented public companies in federal and state securities matters involving a broad range of financial, operational, and regulatory issues. Mr. Winawer’s experience extends to several industries, including apparel, financial services, life sciences, technology, and transportation. Clients have included The North Face, Countrywide Financial, Silicon Graphics, America West Airlines, and Swift Transportation. Mr. Winawer also has represented leading investment firms as well as shareholder representatives in numerous M&A-related and other matters.
- The nation’s largest mortgage lender in numerous federal and state securities actions arising out of the credit crisis.
- Former chairman and CEO of one of the nation’s largest banks in federal and state court securities class action and derivative litigation arising out of highly publicized sales practices allegations.
- Former chairman and CEO of multi-billion dollar government contractor in securities class action and derivative litigation arising out of municipal project billing scandal. All claims dismissed.
- Audit committee of public company in DOJ criminal and SEC investigations related to $250 million, multi-year restatement.
- Successful defense of publicly traded airline and its directors and officers in federal securities class action arising out of the then largest FAA fine related to alleged aircraft maintenance practices. Obtained dismissal of plaintiff’s core claims at summary judgment following Ninth Circuit reversal in part of district court decision dismissing all claims with prejudice.
- Silicon Graphics and its directors and officers in leading case interpreting the Private Securities Litigation Reform Act of 1995 (In re Silicon Graphics Securities Litigation). Ninth Circuit affirmed dismissal of all claims.
- The nation’s largest trucking company and its founder in securities class action and separate breach of fiduciary duty litigation related to going private transaction. All claims dismissed.
- An investment bank affiliate as plaintiff in multi-million dollar action involving termination of derivative transactions.
- Shareholder representatives in post-closing disputes involving alleged breaches of representations and warranties in acquisition agreements.
- The successful defense of multi-million dollar indemnification claims arising out of merger transactions and recovery of attorney's fees.
- The successful defense of a stock option dispute involving alleged damages in excess of $50 million.
- An award requiring a medical device manufacturer to fully indemnify an asset seller against multiple customer claims for breach of contract and fraud following the closing of an asset purchase agreement.
- A Delaware Chancery Court proceeding pertaining to a General Partner’s petition to dissolve and liquidate a limited partnership.
- Limited partners across several venture funds in connection with an investigation into misappropriation of fund assets by the funds’ former general partner and related SEC proceeding.
Mr. Winawer is a member of the American and San Francisco Bar Associations and the Board of Governors of the Association of Business Trial Lawyers (Northern California).