Brian Winters practices in the areas of antitrust and trade regulation, public utility regulation and appellate litigation. Mr. Winters, who has an advanced degree in economics and taught college-level economics for several years, also works on civil litigation matters that involve the application of economic and financial analysis. His experience includes:
- Representation of clients in litigation involving First Amendment and dormant Commerce Clause issues.
- Representation of client in appellate litigation regarding jurisdictional scope of Wisconsin’s antitrust statute.
- Representation of privately held corporation in dissenters’ rights litigation where central issue was fair value of corporation’s shares.
- Representation of client in state court of appeals and state supreme court where issue was whether party who had come to jurisdiction allegedly for settlement discussions was immune from service of process.
- Representation of client in Department of Justice “second request” under Hart-Scott-Rodino Antitrust Improvement Act.
- Representation of public utility client in regulatory proceedings seeking authorization to construct new power plants.
- Representation of public utility client in general and special purpose rate cases.
- Representation of public utility holding company in regulatory proceeding to approve merger with another holding company and in subsequent judicial review where a key issue was right to recover synergy savings.
- Representation of public utility in judicial review of agency’s rate order.
- Advice to health care client in case alleging excessive earnings under state “reasonable rate of return” statute.
- Preparation of amicus brief in support of petition for certiorari to United States Supreme Court where issue was state's right to regulate listing of professional credentials.
- U.S. Supreme Court, 2002
- U.S. Court of Appeals, 7th Circuit, 2002
- U.S. District Court, Eastern District of Wisconsin, 1996
- U.S. District Court, Western District of Wisconsin, 1996