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
Latest Blog Posts
- Chancery Holds California Statutory Bar to Choice-of-Forum Clauses in Employment Contracts Prevents Exercise of Personal Jurisdiction – Despite Parties’ Choice of Delaware Law and Agreement to Litigate in Delaware
- Chancery Invokes Internal Affairs Doctrine to Dismiss Dispute Over Former Delaware Corporation Brought Over Two Years After Its Migration to Nevada
- Superior Court Rejects Insurers’ Motions to Dismiss Coverage Dispute Based upon Ripeness and Lack of Personal Jurisdiction
- Superior Court Dismisses Successor-by-Merger’s Claims Where Underlying Contract Contained Anti-Assignment Clause
- Chancery Dismisses Claim for Breach of Fiduciary Duty Where Parties’ Commercial Relationship Was One of Ordinary Care
- Chancery Rejects Bid to Jettison USACafes and its Holding That, Absent Agreement to the Contrary, the Controllers of a Corporate General Partner Owe Fiduciary Duties
- Chancery Denies Books and Records Request From Indirect LLC Interest Holder That Assigned its Rights Prior to the Demand and the Action
- Delaware Supreme Court Holds That Limited Partnership Agreement That Includes Certain Books and Records Language From Section 17-305 of Limited Partnership Act Does Not Automatically Incorporate Judicial Interpretations of Section 17-305
- View More
Delaware Business Litigation Report
Delaware Healthcare Industry Blog
News & Events
Community
Community
Wilmington (DE) Chapter of The Links, Incorporated
- Parliamentarian, 2015-2018
- Ethics Committee Chair, 2012-2015
Recognition
Honors
Best Lawyers, Delaware Corporate Law, 2021
Delaware Super Lawyers, Delaware Business Litigation, 2014-2020
Delaware Today Top Lawyers, Delaware Corporate Law, 2019-2020
Leadership Council on Legal Diversity (LCLD) Fellow, 2018
Practice areas
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, JD, cum laude, 2008
University of Delaware, BA, 1999