Winn Allen litigates complex commercial cases at both the trial and appellate levels in federal and state courts across the country. He has represented Fortune 500 clients in a wide variety of litigation matters involving contracts, class actions, employment law, mass torts, mergers and acquisitions, products liability, RICO and unfair trade practices. Winn also maintains an active appellate practice, representing clients confronting complex jurisdictional, procedural, statutory and constitutional matters. Winn's practice also frequently involves advisory matters regarding state and federal regulations, constitutional law, and statutory interpretation.
Before joining Kirkland, Winn served as a law clerk to Justice Samuel A. Alito, Jr. of the Supreme Court of the United States and Judge Jeffrey S. Sutton of the United States Court of Appeals for the Sixth Circuit.
FTC v. Wyndham — Counsel for Wyndham Worldwide Corporation in lawsuit brought under Section 5 of the FTC Act, where the FTC alleges that Wyndham's data-security practices constituted "unfair" and "deceptive" trade practices. Lawsuit has the potential to be the first ever fully litigated data-security case under Section 5 of the FTC Act.
United Auto Workers v. Honeywell — Counsel for Honeywell International Inc. in class action concerning retiree health care benefits. Case involves disputes over federal labor laws and allegations of fraud and negligence.
Beer v. United States — Counsel for six federal judges who brought suit against the United States alleging that Congress's withholding of future salary adjustments mandated by law violates the Compensation Clause of Article III. Achieved 10-2 victory before the en banc Federal Circuit.
Amar Shakti Enterprises v. Wyndham — Counsel for Wyndham Worldwide Corporation in nationwide class action brought by hotel franchisees concerning alleged breach of contract and unfair trade practices. Case voluntarily dismissed with prejudice following discovery.
China Fire & Security Group Litigation — Counsel for Bain Capital in shareholder suit alleging violations of the Securities and Exchange Act in connection with the acquisition of China Fire. Case dismissed with prejudice following favorable settlement.
Klayman v. Facebook — Counsel for Facebook in tort action stemming from offensive material posted by third-party users of Facebook's social-networking service. Court granted Facebook's motion to dismiss, and the case is currently on appeal to the D.C. Circuit.
Innkeepers USA Trust v. Cerberus Series Four Holdings — Counsel for Innkeepers in litigation arising out of Cerberus Capital's termination of a Chapter 11 plan of reorganization sponsor agreement with Innkeepers based on an alleged material adverse change.
GlaxoSmithKline v. Humana — Filed petition for certiorari on behalf of GSK in case concerning the Medicare Secondary Payer Act.
Law Debenture Trust Company of New York v. Charter Communications, Inc. — Filed brief opposing certiorari on behalf of Charter Communications in case concerning the equitable mootness doctrine.
Pro Bono Matters
Teleguz v. Pearson — Litigation counsel for death row inmate in case where the Court has ordered a three-day evidentiary hearing on the question of actual innocence.
United States v. Bell — Appellate counsel for federal inmate challenging his conviction and sentence in the U.S. Court of Appeals for the Sixth Circuit.
Other Representative Matters
Currently advising multinational technology company regarding intellectual property and antitrust issues.
Advised pharmaceutical company regarding statutory and constitutional issues presented by new legislation concerning biologic drugs.
Advised mobile communications company regarding commercial litigation matters.
CLE Instructor, State Bar of Georgia, "Supreme Court Litigation—The Certiorari Stage"