Thomas M. Melsheimer
Thomas Melsheimer | |
|---|---|
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| Born | Thomas Matthias Melsheimer 1961 (age 64–65) |
| Education | University of Notre Dame University of Texas School of Law |
| Employer | King & Spalding |
| Website | Lawyer profile |
Thomas M. Melsheimer is a trial lawyer at King & Spalding. He is also managing partner of King & Spalding's Dallas office and global head of trial work. His trial experience encompasses civil and criminal litigation, including False Claims Act (FCA) violations.[1] His clients have included Mark Cuban, Microsoft, Bank of America, and Texas Instruments. He was on law review, and afterwards was a law clerk in a United States District Court. He is a fellow in The American College of Trial Lawyers, member of the International Academy of Trial Lawyers, and a member of the American Board of Trial Advocates.
Early life and education
Melsheimer graduated magna cum laude from the University of Notre Dame in 1983.[2] 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 law clerk for Homer Thornberry at the U.S. Court of Appeals for the Fifth Circuit.[3]
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.[4][5]
In 1993, he co-founded a Dallas litigation boutique law firm. In 2000, he opened the Dallas office of Fish & Richardson, a global intellectual property law firm.[6] In 2017, he helped open the Dallas office of Winston & Strawn.[7]
He is a fellow in The American College of Trial Lawyers,[8] and the International Academy of Trial Lawyers,[9] and is a member of the American Board of Trial Advocates.[10]
As of 2026, Melshaimer serves as a trial lawyer at King & Spalding in Dallas.[11]
Notable cases
Ramirez v. Exxon Mobil Corp.
In 2026, Melsheimer defended ExxonMobil Corp. in a 10-year old securities class action lawsuit about the company's executive who allegedly lied or pressured subordinates to mislead investors. The company was cleared of any wrongdoing.[12]
Ruel Hamilton case
In 2025, Melsheimer represented the Dallas developer Ruel Hamilton during his retrial concerning a 2021 verdict that found Hamilton guilty of bribing members of the Dallas City Council. The retrial ended with Hamilton being acquitted of all charges.[13][14]
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.[15]
Texas Heart Hospital of the Southwest Litigation
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 that Texas Heart Hospital of the Southwest LLP and others violated federal statutes. The case resulted in a $48 million settlement and fees.[16][17]
Forest Park case
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.[18][19]
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 finding Cuban not guilty.[20][21][22]
IRCC v. NL Industries
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.[23] The jury award in the breach of fiduciary duty case was named one of the Top Verdicts of 2009 by The National Law Journal.[24]
Publications
Melsheimer's written work includes the following:
- Thomas M. Melsheimer & Judge Craig Smith, On the Jury Trial: Principles and Practices of Effective Advocacy, University of North Texas Press, October 2017. The book received a review from Judge Alan Albright.[25]
- Stephen D. Susman & Thomas M. Melsheimer, "Trial By Agreement: A Professional Approach Improves Results and Saves the Jury System", Texas Bar Journal, October 2015.
- "A Response to 'The Collapse of the Jury Trial'", The Jury Expert: The Art and Science of Litigation Advocacy, August 28, 2015.
- Mark Cuban & Thomas M. Melsheimer, "It is time to rein in the SEC", The Washington Post, December 19, 2014.
- 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.
- "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.
- "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.
References
- ↑ "Tom Melsheimer, King & Spalding LLP: Profile and Biography". King & Spalding. Retrieved May 12, 2026.
- ↑ Mooney, Michael J. (April 23, 2013). "10 Rules of Being a Big-Shot Dallas Lawyer". D Magazine. Retrieved November 7, 2022.
- ↑ "Top Trial Attys Relive Their Most Stressful Career Moments - Law360". www.law360.com. Retrieved March 31, 2021.
- ↑ "Don't forget Danny Faulkner's con days". Dallas News. June 4, 2012. Retrieved March 31, 2021.
- ↑ "Four convicted in biggest Texas thrift fraud". UPI. Retrieved March 31, 2021.
- ↑ "Last Sayles Werbner Partner Makes His Pick: Winston & Strawn". finance.yahoo.com. Retrieved March 31, 2021.
- ↑ "How Winston & Strawn Drafted Dallas' 'Dream Team'". D Magazine. May 15, 2017. Retrieved March 31, 2021.
- ↑ Greene, Jenna (March 7, 2019). "Daily Dicta: ACTL Adds 73 New Members—Here's Who Made the Grade". Litigation Daily | The American Lawyer. Retrieved March 31, 2021.
- ↑ "Thom Melsheimer". www.bizjournals.com. Retrieved March 31, 2021.
- ↑ "Winston Partner Tom Melsheimer Inducted as a Fellow of the American College of Trial Lawyers". The Texas Lawbook. March 6, 2019. Retrieved March 31, 2021.
- ↑ Ross, Todd (May 26, 2026). "Three Firms. One Trial Team. $3 Billion on the Line for Exxon Mobil". Law.com. Retrieved June 22, 2026.
- ↑ Brewer, Spencer (May 21, 2026). "How Exxon Attys Beat A 10-Year-Old Securities Class Action". Law360. Retrieved June 22, 2026.
- ↑ Hethcock, Bill (June 16, 2025). "Dallas developer acquitted in retrial of bribery charges". Dallas Business Journal. Retrieved June 22, 2026.
- ↑ Chhetri, Bianca; Rodriguez-Mora, Devyani (June 12, 2025). "Dallas developer Ruel Hamilton found not guilty on City Hall-related bribery charges". Dallas News. Retrieved June 22, 2026.
- ↑ "Expert Perspectives on Biggest Court Cases". Litigation Daily | The American Lawyer. Retrieved April 22, 2022.
- ↑ "Texas Heart Hospital and Wholly-Owned Subsidiary THHBP Management Company LLC to Pay $48 Million to Settle False Claims Act Allegations Related to Alleged Kickbacks". www.justice.gov. December 18, 2020. Retrieved March 31, 2021.
- ↑ "Texas Hospital To Pay $48M To End False Claims Suit - Law360". www.law360.com. Retrieved March 31, 2021.
- ↑ "Surgeons, hospital owner convicted in massive kickback scheme involving Forest Park Medical Center". Dallas News. April 9, 2019. Retrieved March 31, 2021.
- ↑ "Winston & Strawn Wins Sole Acquittal In $40M Kickback Row - Law360". www.law360.com. Retrieved March 31, 2021.
- ↑ "Johnson & Johnson settles Texas Medicaid fraud lawsuit for $158 million". Dallas News. January 20, 2012. Retrieved March 31, 2021.
- ↑ Andrew Harris; Tom Korosec (October 17, 2013). "SEC Seen as Outmaneuvered by Cuban in Insider-Trading Trial". Bloomberg. Retrieved April 21, 2025.
- ↑ "SEC Files Insider Trading Charges Against Mark Cuban". SEC.gov. Retrieved April 21, 2025.
- ↑ Longstreth, Andrew (July 21, 2009). "NL Industries Hit With $179 Million Jury Verdict". Law.com. Retrieved March 31, 2021.
- ↑ "Top Verdicts of 2009". National Law Journal. March 15, 2010. Retrieved March 31, 2021.
- ↑ Albright, Alan. "Judge Alan Albright's Review of Melsheimer and Smith's 'On the Jury Trial'". Law.com. Retrieved June 22, 2026.
