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 violations. His clients include Mark Cuban, Microsoft, Bank of America, and Texas Instruments.

Early life and education

Melsheimer graduated magna cum laude from the University of Notre Dame in 1983. 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.

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.
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. In 2017, he helped open the Dallas office of Winston & Strawn. He is a fellow in The American College of Trial Lawyers, and the International Academy of Trial Lawyers, and is a member of the American Board of Trial Advocates.

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.

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.

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.

''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.

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. The jury award in the breach of fiduciary duty case was named one of the Top Verdicts of 2009 by The National Law Journal.

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, , University of North Texas Press, October 2017.
  • Stephen D. Susman & Thomas M. Melsheimer,, Texas Bar Journal, October 2015.
  • , The Jury Expert: The Art and Science of Litigation Advocacy, August 28, 2015.
  • Mark Cuban & Thomas M. Melsheimer,, The Washington Post, December 19, 2014.
  • Stephen D. Susman & Thomas M. Melsheimer, , 32 REV. LITIG. 431.
  • , The Dallas Morning News, April 25, 2013.
  • , Houston Chronicle, March 23, 2012.
  • "Trial's Over, But Issues Remain", Preston Hollow People newspaper, October 7, 2011.
  • , Houston Chronicle, July 30, 2011.
  • , The Dallas Morning News, May 13, 2011.
  • , The Dallas Morning News, March 14, 2011.
  • , The Dallas Morning News, May 14, 2010.
  • , 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.
  • , Houston Chronicle, March 2, 2010.
  • , Houston Chronicle, June 21, 2009.
  • "Melsheimer and Smith: One crime but not the other?" The Dallas Morning News, December 5, 2008.