Tom Melsheimer is the Managing Principal of the firm’s Dallas office, and head of the office’s trial practice. He has been described as “one of the most sought after trial lawyers in the country” by the publishers of The American Lawyer, and as a “game changing ringer” in a Law360 article about his representation of billionaire entrepreneur Mark Cuban against the SEC.
Mr. Melsheimer tries lawsuits in state and federal courts, emphasizing intellectual property, business torts, and False Claims Act litigation. His trial experience is unusually broad and extensive. On the civil side, he has tried to verdict cases involving patent infringement, insider trading, antitrust, breach of fiduciary duty, fraud, and False Claims Act violations. On the criminal side, he has tried to verdict cases involving bank fraud, public corruption, copyright infringement and kidnapping. Mr. Melsheimer’s jury trials include successfully representing plaintiffs and defendants on both coasts and throughout Texas.
In 2013, Mr. Melsheimer was lead trial counsel for billionaire entrepreneur Mark Cuban in the widely publicized insider trading case brought by the Securities and Exchange Commission. The jury cleared Mr. Cuban of any wrongdoing following a three-week trial in Dallas federal court. Mr. Melsheimer has represented Mr. Cuban, the Dallas Mavericks, and other Cuban business interests since 2000.
In 2012, Mr. Melsheimer and co-counsel from the Texas Attorney General’s office helped the state win the largest Medicaid fraud settlement in Texas history. The $158 million payment followed claims of illegal marketing practices associated with the prescription drug Risperdal.
Mr. 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 (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 previous occasions, Mr. Melsheimer’s cases have been recognized by the NLJ among the nation’s top cases in 1998, 2005, 2006 and 2007.
Mr. Melsheimer and his wife Miki, a playwright and director, have been married more than 30 years, and they have three children.
Mark Cuban GC Says Managing Trial Team Key To SEC Win, published by Law360.
Texas Federal Jury Clears Mark Cuban in Insider-Trading Lawsuit
A Dallas federal jury has cleared Texas billionaire Mark Cuban of insider-trading charges filed by the U.S. Securities and Exchange Commission over his sale of stock in the now-defunct Internet search engine company Mamma.com. As lead trial counsel and ALM Litigator of the Week, Tom Melsheimer said, "Justice was finally done today." After previously having successfully defended Mr. Cuban at the U.S. District Court for the Northern District of Texas against SEC insider-trading charges. Following the trial, Tom participated on a panel titled "Inside the Insider Trading Trial of Mark Cuban" at a Texas Lawbook CLE presentation—a recap of the program is available here. This earned Fish's litigation department to be named among Texas' best in 2014.
Texas jury rejects $85 million suit over online-ticketing patent
Fish & Richardson successfully represented a group of airlines that were targeted in a patent infringement lawsuit over online ticket reservation systems. Dallas Managing Principal Tom Melsheimer led the defense team in securing the successful verdict, which earned international media coverage, including this article published in The Dallas Morning News.
J&J’s $158 Million Settlement With Texas Approved by Court
Fish & Richardson successfully represented whistleblower Allen Jones in his claims that Johnson & Johnson’s Janssen exaggerated the benefits of its antipsychotic drug Risperdal in order to dupe the Texas Medicaid Program. Following expert testimony elicited by Dallas Managing Principal Tom Melsheimer regarding Janssen’s concealment and manipulation of scientific data, the manufacturers agreed to a settlement that represents the largest Medicaid fraud recovery in Texas history. The record-breaking case was the subject of news coverage in The New York Times, Bloomberg, The Texas Tribune, and a variety of other U.S. and international media outlets. This verdict was recognized by Texas Lawyer as the second-largest settlement in Texas in 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.
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.
"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 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.
"Trial Lawyer of the Year," recognized by Dallas Bar Association (2014)
"Trial Lawyer of the Year," recognized by the Texas chapters of the American Board of Trial Advocates (2014)
"IP Star," recognized by Managing Intellectual Property (2013 and 2014)
"Top Patent Practitioner," recognized by IAM Patent 1000 (2013 and 2012)
"Best Lawyer in Dallas," recognized by D Magazine (2002-2013)
Listed in Best Lawyers in America (2007-2015)
A "leader in intellectual property," recognized by Chambers USA (2012-2014)
A "World Leading Patent Litigator," recognized by IAM Patent Litigation 250 (2011)
A "Leading Lawyer in America," recognized by Lawdragon 500 (2010 and 2014)