Tom Melsheimer Offers Litigation Insights for Winning Cases Involving Multiple Defendants

Winston & Strawn Dallas Office Managing Partner Tom Melsheimer was featured in the October 2019 issue of D CEO. In the article, Tom offers strategic insights for approaching trials involving multiple defendants. He most recently received recognition for securing the only acquittal out of nine defendants in a closely watched $40 million healthcare bribe and kickback trial in Dallas earlier this year.

Instead of following the instinct to assign blame to others, Tom recommends forcefully advocating for a client without alienating the other co-defendants. Tom knows a thing or two about what works in a courtroom. He is nationally renowned for his broad and extensive civil and criminal casework in state and federal courts across the country. Tom successfully defended billionaire Mark Cuban against SEC allegations of insider trading, and he helped the state of Texas secure the largest Medicaid fraud settlement in its history. He also co-authored—with Dallas County District Court Judge Craig Smith—the bestselling book “On the Jury Trial: Principles and Practice for Effective Advocacy” as a means to share insights on trying cases before a jury.

In the D CEO article, Tom explains that the ability to connect with an audience and tell a story is essential to courtroom victories. He deep-dives into the subject matter of his cases to develop a narrative that will get the jury’s attention and intersect with their beliefs.

“I try to use their beliefs to craft a story that will be compelling and not violate their principles,” he said. “If someone is a hunter, you are not going to convince them that guns are bad. If you try to do that, you are going to lose.” 

To read more about winning multiple-defendant litigation from Tom Melsheimer, read the full D CEO article here.