Thomas M. Melsheimer

Thomas M. Melsheimer is a trial lawyer, writer and partner at Winston & Strawn. He is also managing partner of Winston & Strawn's Dallas office and co-chair of its global litigation department. His trial experience encompasses both civil and criminal litigation, including False Claims Act (FCA) violations.^[1] His clients include Mark Cuban, Microsoft, Bank of America, and Texas Instruments.^[2]

Thomas M. Melsheimer

Early life and education

Melsheimer graduated magna cum laude from the University of Notre Dame in 1983.^[3] He later attended The University of Texas School of Law in Austin, also graduating magna cum laude in 1986. There, he served as a member of the Texas Law Review and following law school, Melsheimer served as a clerk for Homer Thornberry at the U.S. Court of Appeals for the Fifth Circuit.^[4]

Professional career

In 1987, Melsheimer joined Akin Gump Strauss Hauer & Feld as an Associate in the Litigation Section. In 1990, he became an Assistant U.S. Attorney for the Northern District of Texas.^[5][6]

In 1993, he co-founded a Dallas litigation boutique. In 2000, he opened the Dallas office of Fish & Richardson, a global intellectual property law firm.^[7] In 2017, he helped open the Dallas office of Winston & Strawn.^[8] He is a fellow in The American College of Trial Lawyers,^[9] and the International Academy of Trial Lawyers,^[10] and is a member of the American Board of Trial Advocates.^[11]

Notable cases

United States v DaVita, Inc and Kent Thiry

In 2022, Melsheimer represented Kent Thiry, the former CEO of the health care giant, DaVita, Inc, in the defense under Section 1 of the Sherman Act. After an 8 day jury trial in federal court in Denver, the jury acquitted Melsheimer's client.^[12]

Texas Heart Hospital of the Southwest Litigation and Whistleblower Settlement

In 2020, Melsheimer was counsel for whistleblowers Mitchell Magee and Todd Dewey in a qui tam Medicare fraud case filed in the Eastern District of Texas alleging Texas Heart Hospital of the Southwest LLP and others violated federal statutes. The case resulted in a $48 million settlement and a separate award of attorney’s fees and expenses.^[13][14]

Forest Park Case: Lone Acquittal for One of Nine Co-Defendants in Conspiracy Trial

In 2019, Melsheimer represented Nick Nicholson, a bariatric surgeon, in an indictment alleging a massive conspiracy to pay and receive $40 million in health care kickbacks. After a seven-week trial in federal court in Dallas with the nine remaining defendants, Nicholson was acquitted.^[15][16]

Securities and Exchange Commission v. Mark Cuban

In 2013, Melsheimer served as lead trial counsel in the successful defense of Texas billionaire Mark Cuban in an insider trading. The three-week trial concluded on October 16, 2013, when jurors issued a verdict clearing Cuban of all charges.^[17][18][19]

Breach of Fiduciary Duty Jury Award

Melsheimer’s $178 million jury trial win on behalf of the plaintiff in IRCC v. NL Industries, et al., included nearly $150 million in punitive damages.^[20] The jury award in the breach of fiduciary duty case was named one of the Top Verdicts of 2009 by The National Law Journal.^[21]

Publications

• Thomas M. Melsheimer, “Observations on the Waco Division’s Growing Prominence,” Texas Lawyer, February 11, 2021
• Thomas M. Melsheimer, Judge Eric Moyé, and Judge Craig Smith, “The Case for a Nonpolitical Federal Judiciary,” Law 360, September 22, 2020
• Thomas M. Melsheimer and Paula W. Hinton, “The Remote Jury Trial is a Bad Idea,” Law 360, June 9, 2020
• Thomas M. Melsheimer & Judge Craig Smith, On the Jury Trial: Principles and Practices of Effective Advocacy, University of North Texas Press, October 2017.
• Stephen D. Susman & Thomas M. Melsheimer, "Trial By Agreement: A Professional Approach Improves Results and Saves the Jury System", Texas Bar Journal, October 2015.
• "A Response to 'The Collapse of the Jury Trial'", The Jury Expert: The Art and Science of Litigation Advocacy, August 28, 2015.
• Mark Cuban & Thomas M. Melsheimer, "It is time to rein in the SEC", The Washington Post, December 19, 2014.
• Stephen D. Susman & Thomas M. Melsheimer, Trial by Agreement: How Trial Lawyers Hold the Key to Improving Jury Trials in Civil Cases, 32 REV. LITIG. 431 (2013).
• "Tom Melsheimer and Craig Smith: Scouts' tentative decision fails leadership challenge", The Dallas Morning News, April 25, 2013.
• "Privacy laws evolving in new era of technology", Houston Chronicle, March 23, 2012.
• "Trial's Over, But Issues Remain", Preston Hollow People newspaper, October 7, 2011.
• "Businesses' Fear of U.S. Jury System Is Irrational", Houston Chronicle, July 30, 2011.
• "Guest Column: Why 'Loser Pays' is a Loser", The Dallas Morning News, May 13, 2011.
• "Melsheimer and Smith: Hybrid bill offers best blueprint for Texas judicial selection", The Dallas Morning News, March 14, 2011.
• "Thomas Melsheimer: Pope's first step to restoring my faith", The Dallas Morning News, May 14, 2010.
• "Smith and Melsheimer: We’re all better for Merrill Hartman", The Dallas Morning News, October 25, 2010.
• "Campaign contributions: Financing order in the court", originally appeared in The Fort Worth Star-Telegram, March 20, 2010.
• "Trashing Supreme Court not appropriate for Obama", Houston Chronicle, March 2, 2010.
• "Web-savvy Jurors Create New Problem for Courts", Houston Chronicle, June 21, 2009.
• "Melsheimer and Smith: One crime but not the other?" The Dallas Morning News, December 5, 2008.