Winston Hsiao’s practice focuses on complex civil litigation, primarily in state and federal courts and private arbitration. He represents clients in a wide range of suits, including securities and shareholder litigation, trade secret actions, contract disputes, defamation claims, unfair competition claims, fraud actions and employment mobility litigation.
Bio
Mr. Hsiao’s clients include U.S. and international companies in a variety of industries, including financial services, tech, video games, pharmaceuticals, biotechnology, consumer products, insurance, logistics and food. Among others, he has represented:
- Centene Corporation, along with current and former offices and directors, in securing a full dismissal with prejudice of a class action derivative litigation in the U.S. District Court for the Eastern District of Missouri concerning Centene’s multibillion-dollar acquisition of Health Net, Inc.
- the underwriting syndicate in securing a full dismissal with prejudice of a putative securities class action that alleged false or misleading statements concerning the initial public offering of Obalon Therapeutics
- El Pollo Loco Holdings in securing multiple dismissals of federal securities class action claims alleging misrepresentations concerning the causes of slowed growth trends
- an insurance brokerage in securing favorable resolutions in various litigations in state and federal court against departing employees and their new employers, including successfully moving for, and defending against, requests for temporary restraining orders
- Coty Inc. in an action arising from Coty’s acquisition of 51% of Kylie Jenner’s company, King Kylie, in which Mr. Hsiao successfully secured the denial of Seed Beauty’s application for a temporary restraining order against Coty and King Kylie
- Taylor Commercial Foodservice, a subsidiary of Middleby Corporation, in successfully opposing a preliminary injunction in connection with a California state court trade secret and trade libel action concerning the development of an internet-of-things device and platform for Taylor’s soft-serve ice cream machines
- PricewaterhouseCoopers LLP in securing summary judgment of two tax accounting malpractice actions in Nevada and Oregon state courts
- KPMG in multiple actions involving claims of fraud, indemnity, negligence and contract enforcement, among others
- Questcor Pharmaceuticals, Inc. (now Mallinckrodt Pharmaceuticals) in a federal securities class action and derivative litigation alleging misrepresentations concerning, among other things, the effectiveness of the company’s flagship product
- New Oriental Education & Technology Group Inc. in securing a quick and low settlement of a federal securities class action filed following an SEC inquiry
Credentials
Education
- J.D., UCLA School of Law, 2010 (Order of the Coif)
- B.A., Yale University, 2007
Admissions
- California
Associations
- Pro Bono Advisory Council, Asian Americans Advancing Justice-LA
- Board of Governors, Southern California Chinese Lawyers Association
- Advisory Board, Asia Society Southern California
- Member, Law360 Securities Editorial Board
Experience
- Law Clerk, Justice Norman Epstein, The California Courts of Appeal, Second District
Winston P. Hsiao
Partner, Litigation
winston.hsiao@skadden.com