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Patricia A. Winston

Attorney T: 302.888.5840 F: 302.571.1750
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Patricia A. Winston practices in the areas of business litigation, alternative entities, corporate and fiduciary litigation, corporate governance, special committee representation and insurance coverage litigation. Recognized as a “Rising Star” by Super Lawyer’s magazine, Patricia handles all phases of litigation primarily in the Delaware Court of Chancery, the Delaware Superior Court’s Complex Commercial Litigation Division and the Delaware District Court.  Patricia’s litigation engagements have included complex contract disputes, business dissolutions, disputes pursuant to Sections 205, 220, 225 and 102(b)(7) of the Delaware General Corporation Law, restrictive covenants and advising and defending disclosure violations arising from merger transactions. 

In addition to her busy legal practice, Patricia is an officer in the Delaware State Bar Association’s (“DSBA”) largest section, the Litigation Section, and has held various offices in the DSBA’s Multicultural Judges and Lawyers’ Section.  Patricia is also a member of the planning committee for the National Bar Association Commercial Law Section’s Corporate Counsel Conference, and, in 2016, planned two CLE’s: Understanding Cybersecurity: Issues and Trends and Ethical Issues and Corporate Internal Investigations.  Beyond the legal community, Patricia is an executive board member of the Wilmington (DE) Chapter of the Links Inc., a service organization dedicated to enhancing the quality of life for the residents in the Wilmington community.

Experience

  • Business dissolution
  • Fiduciary duties of officers and directors of corporations and alternative entities
  • Breach of complex contracts
  • Disputes involving officers and directors pursuant to Section 225 of the Delaware General Corporation Law
  • D & O insurance coverage claims
  • Restrictive and non-compete covenants
  • Advising and defending disclosure violations related to merger transactions
  • eDiscovery

Professional Affiliations

Delaware State Bar Association

  • Litigation Section, Vice Chair, 2016-2017
  • Multicultural Judges and Lawyers' Section, Secretary, 2010-2013,
    Vice-Chair of Community Relations, 2013-2014

Richard S. Rodney Inn of Court
American Bar Association
National Bar Association

  • Corporate Litigation Section, Corporate Counsel Conference CLE Planning Committee

Delaware Barristers Association

Community Affiliations

Wilmington (DE) Chapter of The Links, Incorporated

  • Parliamentarian, 2015-2017
  • Ethics Committee Chair, 2012-2015

Representative Matters

Obtained a defense verdict in a breach of contract case involving a claim for $15 million in damages

Represented petitioner seeking judicial dissolution of limited liability companies and appointment of a liquidating trustee.  After obtaining preliminary injunctive relief, Respondent agreed to stipulated judgments of dissolution and appointment of a liquidating trustee

Represented defendant in a breach of contract dispute where the plaintiff sought over a million dollars in damages.  Summary judgment was granted in favor of defendant

Defended stockholder in a declaratory judgment action. Motion to stay was granted in favor of defendant

Defended seller in breach of contract action. Summary judgment was granted in favor of defendant

Represented plaintiff in a motion to enforce his settlement agreement. Motion and attorneys’ fees and costs application granted

Advised and defended clients in disclosure issues related to merger transactions

Defended limited liability company in expedited litigation involving misappropriation of trade secrets

Assisted with representation of plaintiff seeking to uphold its deadlock process. Judgment was granted in favor of plaintiff

Assisted with defense of insurance carriers in coverage issues under director and officer liability insurance claims

Represented third-party entities in quashing and responding to subpoenas

Articles & Publications

Practice areas

Honors

Delaware Super Lawyers®, Business Litigation Rising Star, 2014-2016

Thomas L. Ambro Fellowship, Delaware Bankruptcy American Inn of Court, First Recipient

The Delaware Journal of Corporate Law, Internal Managing Editor

Clerkships

Extern for The Honorable Mary F. Walrath, U.S. Bankruptcy Court, District of Delaware

Admissions

Delaware, 2008

Education

Widener University School of Law, J.D., cum laude, 2008

University of Delaware, B.A., 1999