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Patricia A. Winston

Partner

Overview

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 “Super Lawyer” by Super Lawyer magazine and a “Top Lawyer” by Delaware Today 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 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 the past Chair of 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 on the Executive Committee of the National Bar Association's Commercial Law Section and Chair of the CLE Planning Committee for the Commercial Law Section’s Annual Corporate Counsel Conference. As Chair, Patricia and her Committee are in charge of CLE programming for the Annual Corporate Counsel Conference. Beyond the legal community, Patricia is a former executive board member of the Wilmington (DE) Chapter of The Links Incorporated, a service organization dedicated to enhancing the quality of life for the residents in the Wilmington community. 

Experience

  • Complex contract disputes
  • Transactions involving directors alleged to have conflicts of interests
  • Fiduciary duties of officers and directors of corporations and alternative entities
  • Business dissolution
  • Inspection of books and records
  • D & O insurance coverage claims
  • Restrictive and non-compete covenants
  • Advising and defending disclosure violations related to merger transactions
  • eDiscovery

Professional Affiliations

Delaware Board of Bar Examiners

Delaware Supreme Court Rules Committee

Delaware Supreme Court Jurisdiction Improvement Committee

Delaware State Bar Association, Litigation Section

  • Chair, 2017-2018
  •  Vice-Chair, 2016-2017
  • Secretary, 2015-2016 

Delaware State Bar Association, Multicultural Judges and Lawyers' Section

  • Secretary, 2010-2013
  • Vice-Chair of Community Relations, 2013-2014

Delaware Barristers Association

Richard S. Rodney Inn of Court

National Bar Association

  • Commercial Litigation Section, Executive Committee Member and Chair of the CLE Planning Committee for the Corporate Counsel Conference

American Bar Association

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

Publications

Articles & Publications

News & Events

News & Events

Community

Community

Wilmington (DE) Chapter of The Links, Incorporated

  • Parliamentarian, 2015-2018
  • Ethics Committee Chair, 2012-2015

Recognition

Honors

Delaware Super Lawyers®, Business Litigation Super Lawyer, 2019-2020

Delaware Today® Top Lawyers, Corporate Law, 2019

Delaware Super Lawyers®, Business Litigation, 2014-2020

Leadership Council on Legal Diversity (LCLD) Fellow, 2018

T 302.888.5840
F 302.571.1750

Clerkships

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

Admissions

Delaware, 2008
U.S.District Court for the District of Delaware
U.S. Court of Appeals, Third Circuit

Education

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

University of Delaware, B.A., 1999

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