Patricia A. Winston

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