Brian D. Winters, Retired Partner

Representative Matters

A brief survey of Brian’s experience includes the following cases:

  • Representation of clients in litigation involving First Amendment and dormant Commerce Clause issues.
  • Representation of a client in appellate litigation regarding the jurisdictional scope of Wisconsin’s antitrust statute.
  • Representation of a privately held corporation in dissenters’ rights litigation where the central issue was fair value of corporation’s shares.
  • Representation of a client in the state court of appeals and state supreme court where the issue was whether a party who had come to the jurisdiction allegedly for settlement discussions was immune from service of process.
  • Representation of a client in a Department of Justice “second request” under the Hart-Scott-Rodino Antitrust Improvement Act.
  • Representation of a public utility client in regulatory proceedings seeking authorization to construct new power plants.
  • Representation of a public utility client in general and special-purpose rate cases.
  • Representation of a public utility holding company in a regulatory proceeding to approve a merger with another holding company and in subsequent judicial review where a key issue was the right to recover synergy savings.
  • Representation of a public utility in a judicial review of an agency’s rate order.
  • Advice to a health care client in a case alleging excessive earnings under the state’s “reasonable rate of return” statute.
  • Preparation of an amicus brief in support of a petition for certiorari to the United States Supreme Court, where the issue was the state's right to regulate the listing of professional credentials. 
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