Tom Melsheimer tries lawsuits in state and federal courts, emphasizing intellectual property, business torts, and False Claims Act (FCA) litigation. His trial experience is unusually broad and extensive. On the civil side, he has tried to verdict cases involving patent infringement, trade secrets, insider trading, antitrust, breach of fiduciary duty, fraud, product liability, and FCA violations. On the criminal side, he has tried to verdict cases involving bank fraud, public corruption, copyright infringement, aggravated sexual assault, and kidnapping. Tom’s jury trials include successfully representing plaintiffs and defendants on both coasts and throughout Texas.
Tom was lead trial counsel for billionaire entrepreneur Mark Cuban in the widely publicized insider trading case brought by the U.S. Securities and Exchange Commission (SEC). The jury cleared Mr. Cuban of any wrongdoing following a three-week trial in Dallas federal court. Tom has represented Mr. Cuban, the Dallas Mavericks, and other Cuban business interests since 2000.
Tom and co-counsel from the Texas Attorney General’s office helped the state secure the largest Medicaid fraud settlement in Texas history. The $158 million settlement reached during trial followed claims of illegal marketing practices associated with the prescription drug Risperdal®. His work in the case was featured in a 15-part series authored by acclaimed legal journalist Steven Brill and published by the Huffington Post in 2015.
Tom'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 (NLJ), in addition to being recognized as one of the year’s three largest verdicts in Texas and the year’s largest verdict in Dallas County. On four other occasions, Tom's cases have been recognized by the NLJ among the nation’s top cases, including the defense of a qui tam action involving a government contract where his clients defeated a claim of fraudulent overpayment and won their affirmative claim that they had been underpaid.
Prior to joining private practice, Tom was an Assistant U.S. Attorney for the Northern District of Texas from 1990 to 1993. He successfully prosecuted the largest bank fraud case ever undertaken in Texas, involving more than $200 million in fraud, and he obtained one of the largest RICO verdicts in Texas history. The Justice Department honored Tom as one of the nation’s top prosecutors.
Honors and Awards
Tom has been recognized for his litigation prowess by numerous outside ranking organizations and publications, including Chambers USA, Chambers Global, Benchmark Litigation, Best Lawyers in America, Best Lawyers Texas, Super Lawyers, Legal 500, and Lawdragon. He was ranked among the “Top 100 Trial Lawyers in America” in the 2019 edition of Benchmark Litigation. In 2018, he was recognized by The Legal 500 U.S. for General Commercial Disputes; Product Liability, Mass Tort and Class Action; Intellectual Property/Patent litigation and Trade Secrets. He has been ranked by Chambers USA 2018 as a leading Texas attorney in Intellectual Property and General Commercial Litigation.
Tom has been named an “IP Star” by Managing Intellectual Property magazine and listed in IAM's Patent 1000. Law360 has honored him twice, naming him “MVP of the Year” in 2014, and a “Trial Ace” in 2015.
Tom is also well-known in the Dallas legal community, having been named among the “Top 500 Business Leaders in Dallas” by D CEO magazine (2016 and 2018) and listed on D Magazine’s “Best Lawyer in Dallas” list from 2002–2018. In 2014, he also won the Dallas Bar Association’s “Trial Lawyer of the Year” and the Texas chapters of the American Board of Trial Advocates' “Trial Lawyer of the Year.” Tom was the youngest trial lawyer ever honored with these two awards.
Tom is a fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers, and a member of the American Board of Trial Advocates.
Tom is a member of the firm’s Executive Committee.
Tom received his B.A., magna cum laude, from the University of Notre Dame in 1983. He received his J.D. from the University of Texas Law School, magna cum laude, in 1986, where he was a member of the Texas Law Review.
Tom is board certified in Criminal Law by the Texas Board of Legal Specialization.
Tom's representative experience includes:
- United States of America v. Alan Andrew Beauchamp, et al., (N.D. Tex.) – Lead counsel for Dr. Nick Nicholson, a bariatric surgeon alleged to have participated in a conspiracy with other medical professionals and hospital administrators to receive $40 million in health care bribes and kickbacks. After a 7 week trial with eight co-defendants, Nicholson was the lone defendant acquitted.
- America’s Auto Auction v. Zoellner, et al. (Oklahoma State Court) – Represented national auto auction company in breach of fiduciary duty and tortious inference claims; jury found liability on all claims, $2 million in actual damages, and malice; case settled during punitive damages phase.
- Badger Midstream Inc. v. Scout Energy LP (Texas State Court) – Represented pipeline owner in contract dispute with gas processing company; case favorably settled mid-trial.
- John Doe v. Company, Inc. (Confidential Arbitration) – Represented consumer product company in employment dispute with former board chairman; case resolved after favorable arbitration award rejecting all claims and awarding attorney’s fees to company.
- Tech Pharmacy Services, Inc v. AlixaRx, Inc., et al. (E.D.Tex.) Obtained defense verdict in jury trial on claims of patent infringement, trade secret misappropriation, and fraud.
- In Re Fresenius Granuflo/Naturalyte Dialysate Product Liability Litigation (MDL Mass.) – Co-lead trial counsel in defense of over 12,000 individual product liability cases. First bellwether trial ended in defense verdict and vast bulk of cases settled thereafter.
- SEC v. Mark Cuban (N.D. Tex.) – Lead trial counsel for Mark Cuban in insider trading case. After a three-week trial, the jury returned a verdict for Mr. Cuban, clearing him of any wrongdoing.
- State of Texas Ex Rel. Allen Jones v. Johnson & Johnson (Texas State Court) – Lead trial counsel for relator in Texas Medicaid Fraud Prevention Act case. Settled during trial for $158 million, making it the largest Medicaid fraud settlement in Texas history by nearly a factor of two.
- Waterside Corporation, et al. v. Bayside Land Partners, LLC (Texas State Court) – Represented developer of billion-dollar lakeside real estate project outside Dallas who faced injunction in favor of marina owner restricting development; obtained dissolution of injunction in favor of marina owner and dismissal of all claims against developer.
- Ceats, Inc. v. Continental Airlines, et al. (E.D. Tex.) – Lead trial counsel for defendants in patent infringement case related to online ticketing. Jury returned verdict of invalidity on all claims, thus avoiding alleged past and future damages of nearly $300 million.
- Rysher Entertainment, LLC., et al. v. Cox Media Group, Inc., et al. (Superior Court of California, County of Los Angeles) – Represented company owned by Mark Cuban and Todd Wagner in indemnity claim involving profit sharing dispute with actor Don Johnson over television series “Nash Bridges.” Obtained summary judgment of liability and case settled before trial.
- Martin v. NL Industries, Inc., et al. (Texas State Court) – Lead counsel for Martin, one of three minority shareholders, in breach of fiduciary duty and stockholder oppression case. Jury returned verdict for $179 million, which included in excess of $100 million in punitive damages.
- Halo Electronics Inc. v. Bel Fuse Inc., et al. (D. Nev.) – Lead counsel for Halo Electronics, a family-run business, in a long-running patent case related to packaging for surface mount magnetic components used in electronics products. In November 2012, a jury found defendant Pulse Electronics liable for willful infringement on three Halo patents, confirmed the patents’ validity, and awarded past damages. The case ended up in the United States Supreme Court, where the court vindicated Halo’s position on willfulness in patent litigation.
- YETI Coolers, LLC v. RTIC Coolers, LLC., et al. (W.D. Tex.) – Lead trial counsel for defendants in case involving claims of trade dress, copyright, and patent infringement. Case resolved on favorable terms.
- Amerisourcebergen Specialty Group, Inc. v. FFF Enterprises, Inc. (E.D. Tex.) – Represented manufacturer of electronic medicine cabinet in patent infringement case brought by competitor. Instituted IPR proceedings which resulted in finding of invalidity of all asserted claims.
- Script Security Solutions L.L.C., v. Amazon.com, Inc., et al. (E.D. Tex.) – Lead trial counsel for Protection One Alarm Monitoring, Inc., in patent infringement lawsuit. Case resolved on favorable terms on eve of trial.
- United States v. William Walters and Thomas Davis (S.D.N.Y.) – Represent Chairman of Board of public company in securities fraud litigation.
- Fresenius Medical Care Holdings, Inc. v. Baxter International, Inc. (N.D. Cal.) – Co-lead trial counsel for Fresenius in a patent infringement case involving four patents relating to hemodialysis machines. Jury returned verdict for Fresenius invalidating all asserted claims on all patents. Baxter sought $87 million in damages and an injunction barring Fresenius from selling its “Fresenius 2008K” hemodialysis machine.
- Oasis Research, LLC v. Adrive LLC, et al. (E.D. Tex.) – Lead trial counsel in for EMC in RICO claim arising out of allegations of witness bribery and obstruction of justice. Case resolved on favorable terms prior to trial.
- United States ex rel, Fisher, et al., v. Ocwen Loan Servicing, LLC, et al. (E.D. Tex.) – Lead trial counsel for the relator in False Claim Act litigation involving federal program designed to assist homeowners following financial crisis of 2008–2009. Case favorably settled on eve of trial.
- Judge Carlos Cortez v. Coyt Randal Johnston (Texas State Court) – Represented defendant lawyer in defamation case brought by sitting judge. Plaintiff voluntarily dismissed case and lost bid for re-election.
- Chevron Phillips Chemical Company v. INEOS Group, Ltd. (Texas State Court) – Obtained temporary injunction against world’s third-largest chemical company in Texas state court, to prevent use and disclosure of trade secrets involving high-density polyethylene manufacturing technology. Suit arose from defendant’s licensing of confidential polyethylene technology to various manufacturers in other countries, in contravention of licensing agreements. Injunction was affirmed on appeal by the Houston Court of Appeals. The case settled before trial, but after the successful appeal.
- Rembrandt Vision Technologies, L.P. v. Ciba Vision Corporation, et al. (E.D. Tex.) – Lead trial counsel for Rembrandt in a patent infringement case involving extended wear contact lenses. Obtained $41 million jury verdict.
- Deep Nines, Inc. v. McAfee, Inc. (E.D. Tex.) – Lead counsel for plaintiff Deep Nines on patent related to Internet security. Obtained jury verdict of $18 million for patentee; twice the damages sought.
- Hillwood Investment Properties Ltd. v. Radical Mavericks Management LLC (Texas State Court) – Lead counsel for ownership of Dallas Mavericks basketball team in case alleging mismanagement and breach of fiduciary duty. Obtained summary dismissal of all claims.
- Schroeder v. Wildenthal, et al. (N.D. Tex.) – Lead counsel for a former Managing Partner of Akin Gump law firm in case alleging claims of conspiracy and breach of fiduciary duty. Obtained dismissal of all claims.
- In re 9/11 Terrorist Attacks (S.D.N.Y.) – Lead trial counsel for Al Rajhi family members in multi-district litigation in largest wrongful death case ever brought in the United States. Obtained dismissal of all claims.
- Alcatel-Lucent Inc. v. Microsoft Corporation (S.D. Cal.) – Trial counsel for Microsoft in a series of patent cases involving MP3, video compression, and other software technology. Obtained reversal in post-trial motion practice and appeal of what was then the largest patent jury verdict in history.
- Texas Instruments v. Rajendra Talluri (Texas State Court) – Lead trial counsel for Texas Instruments (TI) in an inevitable disclosure/theft of trade secrets case. Obtained injunction for employer to prevent the inevitable disclosure of TI’s valuable trade secrets.
- EPG, Inc. v. Carreker, Inc. (D. N.J.) – Lead trial counsel for Carreker in defense of trade secret case. Case settled after favorable trial verdict of no misappropriation of trade secrets.
- Alcatel v. Samsung, DC-96-08262 (193rd Dist. Ct., Dallas County, TX) – Co-lead trial counsel for the plaintiff digital switch manufacturer in a trade-secret misappropriation case involving telecommunication technology in the largest trade secret case ever tried in Texas at the time, where damages sought were in excess of $500M. The case settled in the middle of trial on confidential terms.
- Accolade Systems LLC v. Citrix Systems, Inc. (E.D. Tex.) – Lead counsel for Citrix in a patent infringement case. Obtained dismissal of all claims on eve of trial.
- Carreker Corporation v. Jack Cannon, et al. (Texas State Court) – Lead trial counsel for plaintiff Carreker in an inevitable disclosure and misappropriation of trade secrets case involving a former senior principal. Obtained an injunction against employee under inevitable and actual disclosure theories.
- Texas Instruments v. Gary Johnson (Texas State Court) – Lead trial counsel for Texas Instruments in inevitable disclosure of trade secrets case leading to one of the first such injunctions issued by a Texas court.
- Radman v. Weil Gotshal, et al. (Texas State Court) – Lead counsel for plaintiff in legal malpractice and breach of fiduciary duty case. Obtained multimillion-dollar settlement prior to trial.
- Universal Image, Inc. v. Cuban, et al. (Texas State Court) – Lead counsel in $1 billion contract and fraud case. Obtained dismissal of all claims prior to trial.
- Taco Bell Corp. v. John R. W. Cracken, et al. (N.D. Tex.) – Lead counsel in professional liability case on behalf of prominent attorney. Obtained dismissal of all claims.
- U.S. v. Lipscomb (N.D. Tex.) – Co-lead counsel for defendant in public corruption case against prominent city councilman and civil rights leader. Home confinement obtained after trial; conviction reversed on appeal and case dismissed by government.
- BancTec USA, Inc. f/k/a Monitronics, Inc. v. Advanced Financial Solutions, Inc., et al. (N.D. Tex.) – Trial counsel for Advanced Financial Solutions in the U.S. District Court for the Northern District of Texas. Won judgment against BancTec in a countersuit for tortious interference with contract.
- DSC Communications Corporation v. DGI Technologies, Inc. (N.D. Tex.) – Trial counsel for DSC in trade secrets case against competitor that induced DSC customers to disclose technology in breach of secrecy agreements involving Class IV tandem switch technology. Won $10 million judgment for DSC and developmental injunction and defeated antitrust counterclaims.
- U.S., ex rel. John D. Battaglia v. Texas Data Control, et al. (N.D. Tex.) – Trial counsel for Texas Data Control in qui tam case alleging overbillings in violation of the federal FCA. Defense verdict plus $15 million recovery on claim of under-payment.
- U.S. v. Faulkner, et al. (N.D. Tex.) – Trial counsel for the government in prosecution of bankers and developers in so-called I-30 condo case, which was largest bank fraud prosecution in Texas history. Obtained conviction of all defendants including RICO forfeiture.
- “Strategy, Storytelling and Cautionary Tales: Winston Litigator and Dallas Judge Spill Jury Trial Secrets,” published in The AmLaw Litigation Daily, November 2017
- “How Winston Drafted Dallas Dream Team,” published in D CEO, May 2017
- “Winston Hires 23 Partners, Opens Dallas Office,” published by Bloomberg, March 2017
- “Mark Cuban GC Says Managing Trial Team Key To SEC Win,” published by Law360, September 10, 2014
- “SEC Loses as Mark Cuban Triumphs in Insider-Trading Trial” published by Bloomberg, October 17, 2013
- “Texas Jury Rejects $85 Million Suit Over Online-Ticketing Patent” published in The Dallas Morning News, March 3, 2012
- “J&J Settles Texas Risperdal Suit for $158M,” published by Law360, January 19, 2012
- “Brash, Bold Tactics Define Mark Cuban’s Lawyer, Too,” published in The Dallas Morning News
- “10 Rules of Being a Big-Shot Dallas Attorney,” published in D Magazine, May 2013
- Thomas Melsheimer and Judge Craig Smith, “On the Jury Trial: Principles and Practices of Effective Advocacy,” University of North Texas Press, October 2017
- Thomas Melsheimer and Judge Craig Smith, “An Open Season on Judges,” The Texas Tribune, March 8, 2017
- Mark Cuban and Thomas M. Melsheimer, “It is Time to Rein in the SEC,” The Washington Post, December 19, 2014
- Mark Cuban and Thomas M. Melsheimer, “How the Feds Rig Their Prosecutions,” Wall Street Journal, April 3, 2014
- Stephen D. Susman and 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
- “Melsheimer & Smith: Cornyn Uses Politics as Law Enforcement Roadblock in Texas,” Statesman.com, June 4, 2010
- “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 Crder 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
New Development 05/10/19Nine Defendants, One Acquittal: Aggressive Federal Prosecution Puts Medical Marketing in the Crosshairs
Media Mention 05/01/19Tom Melsheimer Discusses Key Takeaways for Health Care Professionals and Their Lawyers with Texas Lawbook
Article 05/01/19Reflections on an Acquittal
Media Mention 05/01/19Winston & Strawn Wins Sole Acquittal In $40M Kickback Row
Accolade 04/25/19Winston & Strawn Recognized in Chambers USA 2019
Accolade 04/19/19Winston Lawyers Receive Honorable Mention for The American Lawyer’s “Litigator of the Week”
Press Release 04/08/19Trial Lawyer Mark Werbner Joins Winston & Strawn in Dallas
New Development 03/04/19Tom Melsheimer Inducted as American College of Trial Lawyers Fellow
Accolade 02/22/19Winston Attorneys and Practices Recognized in Chambers Global 2019
Speaking Engagement 02/06/19Tom Melsheimer Speaks at Center for Advocacy & Dispute Resolution Event
New Development 01/22/19Patent Mediation Guide
Accolade 11/15/18Anti-Defamation League Honors Steve Stodghill with Larry Schoenbrun Jurisprudence Award
Accolade 10/19/18Winston & Strawn Recognized in 2019 Edition of Benchmark Litigation
Sponsorship 09/26/18Future of the American Jury
Media Mention 09/19/18Tom Melsheimer Discusses Civil Jury Trials in Texas
Accolade 08/15/18101 Winston Lawyers Listed in The Best Lawyers in America© 2019
New Development 08/01/18Winston Dallas Team Secures Significant Settlement for Scout Energy Group
Accolade 07/31/18Winston Attorneys & Practices Recommended in 2018 Managing Intellectual Property