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Articles

Litigation Lessons Learned from the Mark Cuban Trial

November 1, 2014

Articles

Litigation Lessons Learned from the Mark Cuban Trial

November 1, 2014

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Fish’s Tom Melsheimer recently co-authored an article with Robert Hart, Litigation Lessons Learned from the Cuban SEC Trial, featured in the November issue of the ACC Docket.

Last year, a Dallas federal jury returned a unanimous verdict clearing Mark Cuban — US billionaire entrepreneur, star of television’s “Shark Tank” and owner of the Dallas Mavericks basketball team — of allegations of insider trading. It was one of the highest profile cases of the last decade and attracted global media attention. The ultimate result was an undeniable victory for Cuban: The jury concluded that the government had not proven even a single contested element of an insider-trading claim.

How did the case end up going so well for Cuban? Certainly, as his trial lawyer and long-time counsel, we believe he had compelling facts on his side. Yet facts don’t prove themselves, and every jury trial contains an element of unpredictability. In our estimation, what made the case resonate so convincingly with the jury was a combination of three elements: jury research, witness preparation and jury selection. Each of these elements played a critical role and can be instructive in any high-stakes trial.

Read the full article here.

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