Thomas M. Melsheimer

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]

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.

References

1. "Tom Melsheimer, Winston & Strawn LLP: Profile and Biography". Bloomberg.com. Retrieved 2021-03-31.
2. "Thomas M. Melsheimer - Texas Lawyers - Tom Melsheimer's Absolutely Irrational Level of Dedication". Super Lawyers. Retrieved 2021-03-31.
3. Mooney, Michael J. (April 23, 2013). "10 Rules of Being a Big-Shot Dallas Lawyer". D Magazine. Retrieved November 7, 2022.
4. "Top Trial Attys Relive Their Most Stressful Career Moments - Law360". www.law360.com. Retrieved 2021-03-31.
5. "Don't forget Danny Faulkner's con days". Dallas News. 2012-06-04. Retrieved 2021-03-31.
6. "Four convicted in biggest Texas thrift fraud". UPI. Retrieved 2021-03-31.
7. "Last Sayles Werbner Partner Makes His Pick: Winston & Strawn". finance.yahoo.com. Retrieved 2021-03-31.
8. "How Winston & Strawn Drafted Dallas' 'Dream Team'". D Magazine. 15 May 2017. Retrieved 2021-03-31.
9. Greene, Jenna (March 7, 2019). "Daily Dicta: ACTL Adds 73 New Members—Here's Who Made the Grade". Litigation Daily | The American Lawyer. Retrieved 2021-03-31.
10. "Thom Melsheimer". www.bizjournals.com. Retrieved 2021-03-31.
11. "Winston Partner Tom Melsheimer Inducted as a Fellow of the American College of Trial Lawyers". The Texas Lawbook. 2019-03-06. Retrieved 2021-03-31.
12. "Expert Perspectives on Biggest Court Cases". Litigation Daily | The American Lawyer. Retrieved 2022-04-22.
13. "Texas Heart Hospital and Wholly-Owned Subsidiary THHBP Management Company LLC to Pay $48 Million to Settle False Claims Act Allegations Related to Alleged Kickbacks". www.justice.gov. 2020-12-18. Retrieved 2021-03-31.
14. "Texas Hospital To Pay $48M To End False Claims Suit - Law360". www.law360.com. Retrieved 2021-03-31.
15. "Surgeons, hospital owner convicted in massive kickback scheme involving Forest Park Medical Center". Dallas News. 2019-04-09. Retrieved 2021-03-31.
16. "Winston & Strawn Wins Sole Acquittal In $40M Kickback Row - Law360". www.law360.com. Retrieved 2021-03-31.
17. "Johnson & Johnson settles Texas Medicaid fraud lawsuit for $158 million". Dallas News. 2012-01-20. Retrieved 2021-03-31.
18. Andrew Harris; Tom Korosec (October 17, 2013). "SEC Seen as Outmaneuvered by Cuban in Insider-Trading Trial". Bloomberg. Retrieved April 21, 2025.
19. "SEC Files Insider Trading Charges Against Mark Cuban". SEC.gov. Retrieved April 21, 2025.
20. Longstreth, Andrew (July 21, 2009). "NL Industries Hit With $179 Million Jury Verdict". Law.com. Retrieved 2021-03-31.
21. "Top Verdicts of 2009". National Law Journal. March 15, 2010. Retrieved 2021-03-31.