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'''Thomas M. Melsheimer''' (born 1961) is a trial lawyer and a partner at the international law firm of Winston & Strawn, where he also serves as managing partner of its Dallas office and a member of the firm’s Executive Committee. His trial experience encompasses both civil and criminal litigation. 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 False Claims Act (FCA) violations. On the criminal side, he has tried to verdict cases involving bank fraud, public corruption, copyright infringement, aggravated sexual assault, and kidnapping.<ref>{{Cite web|title=Tom Melsheimer, Winston & Strawn LLP: Profile and Biography|url=https://www.bloomberg.com/profile/person/3750152|access-date=2021-03-31|website=Bloomberg.com|language=en}}</ref> His clients include a variety of high-net-worth individuals and notable corporations, including the Dallas Mavericks and owner Mark Cuban, Microsoft, Bank of America, and Texas Instruments.<ref>{{Cite web|title=Thomas M. Melsheimer - Texas Lawyers - Tom Melsheimer’s Absolutely Irrational Level of Dedication|url=https://www.superlawyers.com/texas/article/tom-melsheimers-absolutely-irrational-level-of-dedication/bbb00650-f7fd-49ac-9ecf-b13760135e85.html|access-date=2021-03-31|website=Super Lawyers|language=en}}</ref> Melsheimer is the co-author of a best-selling book on trial advocacy, On the Jury Trial: Principles and Practices for Effective Advocacy<ref>{{Cite web|title=In New Book 'On the Jury Trial,' Timeless Advice for Trial Lawyers|url=http://www.dmagazine.com/publications/d-ceo/2018/march/on-the-jury-trial-book/|access-date=2021-03-31|website=D Magazine|language=en}}</ref><ref>{{Cite web|last=November 07|first=Jenna Greene {{!}}|last2=PM|first2=2017 at 09:26|title=Strategy, Storytelling and Cautionary Tales: Winston Litigator and Dallas Judge Spill Jury Trial Secrets|url=https://www.law.com/litigationdaily/sites/litigationdaily/2017/11/07/strategy-storytelling-and-cautionary-tales-winston-litigator-and-dallas-judge-spill-jury-trial-secrets/|access-date=2021-03-31|website=Litigation Daily {{!}} The American Lawyer|language=en}}</ref> which was called a “book every lawyer should read,” by legendary trial lawyer Michael S. Tigar.<ref>{{Cite web|title=On the Jury Trial: Principles and Practices for Effective Advocacy {{!}} IndieBound.org|url=https://www.indiebound.org/book/9781574416992|access-date=2021-03-31|website=www.indiebound.org|language=en}}</ref>
'''Thomas M. Melsheimer''' (born 1961) is a trial lawyer and a partner at the international law firm of Winston & Strawn, where he also serves as managing partner of its Dallas office and a member of the firm’s Executive Committee. His trial experience encompasses both civil and criminal litigation. 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 False Claims Act (FCA) violations. On the criminal side, he has tried to verdict cases involving bank fraud, public corruption, copyright infringement, aggravated sexual assault, and kidnapping.<ref>{{Cite web|title=Tom Melsheimer, Winston & Strawn LLP: Profile and Biography|url=https://www.bloomberg.com/profile/person/3750152|access-date=2021-03-31|website=Bloomberg.com|language=en}}</ref> His clients include a variety of high-net-worth individuals and notable corporations, including the Dallas Mavericks and owner Mark Cuban, Microsoft, Bank of America, and Texas Instruments.<ref>{{Cite web|title=Thomas M. Melsheimer - Texas Lawyers - Tom Melsheimer’s Absolutely Irrational Level of Dedication|url=https://www.superlawyers.com/texas/article/tom-melsheimers-absolutely-irrational-level-of-dedication/bbb00650-f7fd-49ac-9ecf-b13760135e85.html|access-date=2021-03-31|website=Super Lawyers|language=en}}</ref> Melsheimer is the co-author of a best-selling book on trial advocacy, On the Jury Trial: Principles and Practices for Effective Advocacy<ref>{{Cite web|title=In New Book 'On the Jury Trial,' Timeless Advice for Trial Lawyers|url=http://www.dmagazine.com/publications/d-ceo/2018/march/on-the-jury-trial-book/|access-date=2021-03-31|website=D Magazine|language=en}}</ref><ref>{{Cite web|last=November 07|first=Jenna Greene {{!}}|last2=PM|first2=2017 at 09:26|title=Strategy, Storytelling and Cautionary Tales: Winston Litigator and Dallas Judge Spill Jury Trial Secrets|url=https://www.law.com/litigationdaily/sites/litigationdaily/2017/11/07/strategy-storytelling-and-cautionary-tales-winston-litigator-and-dallas-judge-spill-jury-trial-secrets/|access-date=2021-03-31|website=Litigation Daily {{!}} The American Lawyer|language=en}}</ref> which was called a “book every lawyer should read,” by legendary trial lawyer Michael S. Tigar.<ref>{{Cite web|title=On the Jury Trial: Principles and Practices for Effective Advocacy {{!}} IndieBound.org|url=https://www.indiebound.org/book/9781574416992|access-date=2021-03-31|website=www.indiebound.org|language=en}}</ref>
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'''''Texas Heart Hospital of the Southwest Litigation and Whistleblower Settlement'''''
'''''Texas Heart Hospital of the Southwest Litigation and Whistleblower Settlement'''''


In 2020, Melsheimer was counsel for whistleblowers Dr. Mitchell Magee and Dr. Todd Dewey in a qui tam Medicare fraud case filed in the Eastern District of Texas alleging Texas Heart Hospital of the Southwest LLP and others violated the federal anti-kickback law, the physician self-referral law, and related statutes. The case resulted in a $48 million settlement and a separate award of attorney’s fees and expenses. The Department of Justice commended Drs. Magee and Dewey and their counsel for uncovering the financial arrangement between the hospital and various physicians which led to the ultimate settlement.<ref>{{Cite web|date=2020-12-18|title=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|url=https://www.justice.gov/opa/pr/texas-heart-hospital-and-wholly-owned-subsidiary-thhbp-management-company-llc-pay-48-million|access-date=2021-03-31|website=www.justice.gov|language=en}}</ref>
In 2020, Melsheimer was counsel for whistleblowers Dr. Mitchell Magee and Dr. Todd Dewey in a qui tam Medicare fraud case filed in the Eastern District of Texas alleging Texas Heart Hospital of the Southwest LLP and others violated the federal anti-kickback law, the physician self-referral law, and related statutes. The case resulted in a $48 million settlement and a separate award of attorney’s fees and expenses. The Department of Justice commended Drs. Magee and Dewey and their counsel for uncovering the financial arrangement between the hospital and various physicians which led to the ultimate settlement.<ref>{{Cite web|date=2020-12-18|title=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|url=https://www.justice.gov/opa/pr/texas-heart-hospital-and-wholly-owned-subsidiary-thhbp-management-company-llc-pay-48-million|access-date=2021-03-31|website=www.justice.gov|language=en}}</ref><ref>{{Cite web|title=Texas Hospital To Pay $48M To End False Claims Suit - Law360|url=https://www.law360.com/articles/1339505/texas-hospital-to-pay-48m-to-end-false-claims-suit|access-date=2021-03-31|website=www.law360.com|language=en}}</ref>

'''''Forest Park Case: Lone Acquittal for One of Nine Co-Defendants in Conspiracy Trial'''''

In 2019, Melsheimer represented Dr. Nick Nicholson, a nationally prominent bariatric

surgeon, and one of twenty-one defendants in an indictment alleging a massive conspiracy to pay and receive $40 million in health care bribes and kickbacks in connection with Forest Park Medical Center, a boutique surgical hospital. After a seven-week trial in federal court in Dallas with the nine remaining defendants, Dr. Nicholson was the only one acquitted on all charges.<ref>{{Cite web|date=2019-04-09|title=Surgeons, hospital owner convicted in massive kickback scheme involving Forest Park Medical Center|url=https://www.dallasnews.com/news/crime/2019/04/09/surgeons-hospital-owner-convicted-in-massive-kickback-scheme-involving-forest-park-medical-center/|access-date=2021-03-31|website=Dallas News|language=en}}</ref><ref>{{Cite web|title=Winston & Strawn Wins Sole Acquittal In $40M Kickback Row - Law360|url=https://www.law360.com/articles/1154921/winston-strawn-wins-sole-acquittal-in-40m-kickback-row|access-date=2021-03-31|website=www.law360.com|language=en}}</ref>

'''''Counsel for Mark Cuban'''''

In 2013, Melsheimer served as lead trial counsel in the successful defense of Texas billionaire Mark Cuban in an insider trading fraud lawsuit filed by the U.S. Securities and Exchange Commission. The three-week trial concluded on October 16, 2013, when jurors in the U.S. District Court for the Northern District of Texas issued a unanimous verdict clearing Cuban of all claims filed by the SEC.<ref>{{Cite web|date=2012-01-20|title=Johnson & Johnson settles Texas Medicaid fraud lawsuit for $158 million|url=https://www.dallasnews.com/business/2012/01/20/johnson-johnson-settles-texas-medicaid-fraud-lawsuit-for-158-million/|access-date=2021-03-31|website=Dallas News|language=en}}</ref> In 2014, Melsheimer and Cuban co-authored an opinion column titled "How the Feds Rig Their Prosecutions," which criticized the SEC's conduct during its case against Cuban.<ref>{{Cite news|last=Melsheimer|first=Mark Cuban And Thomas|date=2014-04-03|title=Mark Cuban and Thomas Melsheimer: How the Feds Rig Their Prosecutions|language=en-US|work=Wall Street Journal|url=https://online.wsj.com/article/SB10001424052702303978304579475680731414774.html|access-date=2021-03-31|issn=0099-9660}}</ref>

In 2011, Melsheimer successfully defended the National Basketball Association’s Dallas Mavericks and team owner Mark Cuban in a lawsuit where minority owner Ross Perot Jr. accused Cuban of mismanaging the team. Melsheimer is known for having written what observers called, “the greatest legal brief in the history of jurisprudence,” in support of this case.<ref>{{Cite news|last=Staff|first=W. S. J.|date=2011-06-23|title=Mark Cuban Turns Trophy Into Exhibit A|language=en-US|work=Wall Street Journal|url=https://www.wsj.com/articles/BL-DFB-17436|access-date=2021-03-31|issn=0099-9660}}</ref><ref>{{Cite web|last=Wilonsky|first=Robert|date=2011-06-23|title=Tom Melsheimer Takes It to the Hole (Update: We Talk to Cuban's Attorney About Filing)|url=https://www.dallasobserver.com/news/tom-melsheimer-takes-it-to-the-hole-update-we-talk-to-cubans-attorney-about-filing-7133594|access-date=2021-03-31|website=Dallas Observer}}</ref>

'''''Risperdal Litigation and Record Whistleblower Settlement'''''

From 2004 to 2012, Melsheimer represented whistleblower Allen Jones in a fraud lawsuit against pharmaceutical manufacturer Johnson & Johnson and the company's Janssen division involving the anti-psychotic drug Risperdal.<ref>{{Cite web|date=2012-01-11|title=Risperdal on Trial, Texas Style|url=http://somatosphere.net/2012/risperdal-on-trial-texas-style.html/|access-date=2021-03-31|website=Somatosphere|language=en-US}}</ref> The case was resolved during the first week of trial in January 2012 when Johnson & Johnson and Janssen agreed to pay a $158 million settlement, the largest Medicaid fraud settlement in Texas history and the second-largest settlement in Texas during 2012.<ref>{{Cite news|date=2013-10-17|title=SEC Loses as Mark Cuban Triumphs in Insider-Trading Trial|language=en|work=Bloomberg.com|url=https://www.bloomberg.com/news/articles/2013-10-16/billionaire-mark-cuban-found-not-liable-in-sec-lawsuit|access-date=2021-03-31}}</ref> Melsheimer's role in the case against Johnson & Johnson, including his work during the trial, was featured as part of a 15-chapter article authored by legal journalist - Steven Brill and published by the Huffington Post in 2015.<ref>{{Cite web|title=Under Siege, Ducking and Weaving|url=http://highline.huffingtonpost.com/miracleindustry/americas-most-admired-lawbreaker/chapter-9.html|access-date=2021-03-31|website=The Huffington Post}}</ref> The case is also featured in the book, ''Crisis of Conscience: Whistleblowing in an Age of Fraud'', by Tom Mueller.<ref>{{Cite news|last=Kaiser|first=Robert G.|title=Review {{!}} Why are there more whistleblowers than ever? Because there’s more fraud.|language=en-US|work=Washington Post|url=https://www.washingtonpost.com/outlook/why-are-there-more-whistleblowers-than-ever-because-theres-more-fraud/2019/09/27/47ecd31c-df16-11e9-be96-6adb81821e90_story.html|access-date=2021-03-31|issn=0190-8286}}</ref>


==References==
==References==

Revision as of 14:39, 31 March 2021

Thomas M. Melsheimer (born 1961) is a trial lawyer and a partner at the international law firm of Winston & Strawn, where he also serves as managing partner of its Dallas office and a member of the firm’s Executive Committee. His trial experience encompasses both civil and criminal litigation. 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 False Claims Act (FCA) violations. On the criminal side, he has tried to verdict cases involving bank fraud, public corruption, copyright infringement, aggravated sexual assault, and kidnapping.[1] His clients include a variety of high-net-worth individuals and notable corporations, including the Dallas Mavericks and owner Mark Cuban, Microsoft, Bank of America, and Texas Instruments.[2] Melsheimer is the co-author of a best-selling book on trial advocacy, On the Jury Trial: Principles and Practices for Effective Advocacy[3][4] which was called a “book every lawyer should read,” by legendary trial lawyer Michael S. Tigar.[5]

Early life

Melsheimer graduated magna cum laude in 1986 from The University of Texas School of Law in Austin, where he served as a member of the Texas Law Review and was selected to Chancellors, the top honor society at The University of Texas School of Law. Following law school, Melsheimer served as a clerk for the Hon. Homer Thornberry at the U.S. Court of Appeals for the Fifth Circuit.[6]

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 and helped successfully prosecute what was then the largest bank fraud case ever undertaken in Texas. The case involved more than $200 million in fraud[7] Melsheimer helped obtain one of the largest RICO verdicts in Texas history.[8] As a result, the Justice Department honored Melsheimer as one of the nation’s top prosecutors.[9]

Since leaving public service, Melsheimer has led the creation and growth of offices for three law firms. In 1993, he co-founded a Dallas litigation boutique, Lynn, Stodghill & Melsheimer. In 2000, he opened the Dallas office of Fish & Richardson, a global intellectual property law firm.[10] He served as managing partner and grew the office to more than 65 lawyers at its peak. In 2017, he helped open the Dallas office of Winston & Strawn. He currently serves as managing partner of the Dallas office, which has more than 70 lawyers.[11]

Melsheimer’s numerous courtroom wins include notable civil and commercial litigation cases, as well as high-stakes patent infringement disputes. In addition, he has served as lead counsel or co-counsel in five cases included in The National Law Journal’s Top Verdicts of the Year for 1998, 2005, 2006, 2007 and 2009. He has been described as “one of the most sought-after trial lawyers in the country” by the publishers of The American Lawyer Wolfe, Jan. "Judge Nixes Damages Expert in Facebook Patent Suit" The American Lawyer. December 2013. and he is a fellow in The American College of Trial Lawyers[12] and the International Academy of Trial Lawyers,[13] and is a member of the American Board of Trial Advocates.[14]

Notable Cases

Texas Heart Hospital of the Southwest Litigation and Whistleblower Settlement

In 2020, Melsheimer was counsel for whistleblowers Dr. Mitchell Magee and Dr. Todd Dewey in a qui tam Medicare fraud case filed in the Eastern District of Texas alleging Texas Heart Hospital of the Southwest LLP and others violated the federal anti-kickback law, the physician self-referral law, and related statutes. The case resulted in a $48 million settlement and a separate award of attorney’s fees and expenses. The Department of Justice commended Drs. Magee and Dewey and their counsel for uncovering the financial arrangement between the hospital and various physicians which led to the ultimate settlement.[15][16]

Forest Park Case: Lone Acquittal for One of Nine Co-Defendants in Conspiracy Trial

In 2019, Melsheimer represented Dr. Nick Nicholson, a nationally prominent bariatric

surgeon, and one of twenty-one defendants in an indictment alleging a massive conspiracy to pay and receive $40 million in health care bribes and kickbacks in connection with Forest Park Medical Center, a boutique surgical hospital. After a seven-week trial in federal court in Dallas with the nine remaining defendants, Dr. Nicholson was the only one acquitted on all charges.[17][18]

Counsel for Mark Cuban

In 2013, Melsheimer served as lead trial counsel in the successful defense of Texas billionaire Mark Cuban in an insider trading fraud lawsuit filed by the U.S. Securities and Exchange Commission. The three-week trial concluded on October 16, 2013, when jurors in the U.S. District Court for the Northern District of Texas issued a unanimous verdict clearing Cuban of all claims filed by the SEC.[19] In 2014, Melsheimer and Cuban co-authored an opinion column titled "How the Feds Rig Their Prosecutions," which criticized the SEC's conduct during its case against Cuban.[20]

In 2011, Melsheimer successfully defended the National Basketball Association’s Dallas Mavericks and team owner Mark Cuban in a lawsuit where minority owner Ross Perot Jr. accused Cuban of mismanaging the team. Melsheimer is known for having written what observers called, “the greatest legal brief in the history of jurisprudence,” in support of this case.[21][22]

Risperdal Litigation and Record Whistleblower Settlement

From 2004 to 2012, Melsheimer represented whistleblower Allen Jones in a fraud lawsuit against pharmaceutical manufacturer Johnson & Johnson and the company's Janssen division involving the anti-psychotic drug Risperdal.[23] The case was resolved during the first week of trial in January 2012 when Johnson & Johnson and Janssen agreed to pay a $158 million settlement, the largest Medicaid fraud settlement in Texas history and the second-largest settlement in Texas during 2012.[24] Melsheimer's role in the case against Johnson & Johnson, including his work during the trial, was featured as part of a 15-chapter article authored by legal journalist - Steven Brill and published by the Huffington Post in 2015.[25] The case is also featured in the book, Crisis of Conscience: Whistleblowing in an Age of Fraud, by Tom Mueller.[26]

References

reflist

  1. ^ "Tom Melsheimer, Winston & Strawn LLP: Profile and Biography". Bloomberg.com. Retrieved 2021-03-31.
  2. ^ "Thomas M. Melsheimer - Texas Lawyers - Tom Melsheimer's Absolutely Irrational Level of Dedication". Super Lawyers. Retrieved 2021-03-31.
  3. ^ "In New Book 'On the Jury Trial,' Timeless Advice for Trial Lawyers". D Magazine. Retrieved 2021-03-31.
  4. ^ November 07, Jenna Greene |; PM, 2017 at 09:26. "Strategy, Storytelling and Cautionary Tales: Winston Litigator and Dallas Judge Spill Jury Trial Secrets". Litigation Daily | The American Lawyer. Retrieved 2021-03-31.{{cite web}}: CS1 maint: numeric names: authors list (link)
  5. ^ "On the Jury Trial: Principles and Practices for Effective Advocacy | IndieBound.org". www.indiebound.org. Retrieved 2021-03-31.
  6. ^ "Top Trial Attys Relive Their Most Stressful Career Moments - Law360". www.law360.com. Retrieved 2021-03-31.
  7. ^ "Don't forget Danny Faulkner's con days". Dallas News. 2012-06-04. Retrieved 2021-03-31.
  8. ^ "Four convicted in biggest Texas thrift fraud". UPI. Retrieved 2021-03-31.
  9. ^ "Home - International Academy of Trial Lawyers". www.iatl.net. Retrieved 2021-03-31.
  10. ^ "Last Sayles Werbner Partner Makes His Pick: Winston & Strawn". finance.yahoo.com. Retrieved 2021-03-31.
  11. ^ "How Winston & Strawn Drafted Dallas' 'Dream Team'". D Magazine. Retrieved 2021-03-31.
  12. ^ March 07, Jenna Greene |; AM, 2019 at 11:53. "Daily Dicta: ACTL Adds 73 New Members—Here's Who Made the Grade". Litigation Daily | The American Lawyer. Retrieved 2021-03-31.{{cite web}}: CS1 maint: numeric names: authors list (link)
  13. ^ www.bizjournals.com https://www.bizjournals.com/dallas/potmsearch/detail/submission/549191/Tom_Melsheimer. Retrieved 2021-03-31. {{cite web}}: Missing or empty |title= (help)
  14. ^ "Winston Partner Tom Melsheimer Inducted as a Fellow of the American College of Trial Lawyers". The Texas Lawbook. 2019-03-06. Retrieved 2021-03-31.
  15. ^ "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. 2020-12-18. Retrieved 2021-03-31.
  16. ^ "Texas Hospital To Pay $48M To End False Claims Suit - Law360". www.law360.com. Retrieved 2021-03-31.
  17. ^ "Surgeons, hospital owner convicted in massive kickback scheme involving Forest Park Medical Center". Dallas News. 2019-04-09. Retrieved 2021-03-31.
  18. ^ "Winston & Strawn Wins Sole Acquittal In $40M Kickback Row - Law360". www.law360.com. Retrieved 2021-03-31.
  19. ^ "Johnson & Johnson settles Texas Medicaid fraud lawsuit for $158 million". Dallas News. 2012-01-20. Retrieved 2021-03-31.
  20. ^ Melsheimer, Mark Cuban And Thomas (2014-04-03). "Mark Cuban and Thomas Melsheimer: How the Feds Rig Their Prosecutions". Wall Street Journal. ISSN 0099-9660. Retrieved 2021-03-31.
  21. ^ Staff, W. S. J. (2011-06-23). "Mark Cuban Turns Trophy Into Exhibit A". Wall Street Journal. ISSN 0099-9660. Retrieved 2021-03-31.
  22. ^ Wilonsky, Robert (2011-06-23). "Tom Melsheimer Takes It to the Hole (Update: We Talk to Cuban's Attorney About Filing)". Dallas Observer. Retrieved 2021-03-31.
  23. ^ "Risperdal on Trial, Texas Style". Somatosphere. 2012-01-11. Retrieved 2021-03-31.
  24. ^ "SEC Loses as Mark Cuban Triumphs in Insider-Trading Trial". Bloomberg.com. 2013-10-17. Retrieved 2021-03-31.
  25. ^ "Under Siege, Ducking and Weaving". The Huffington Post. Retrieved 2021-03-31.
  26. ^ Kaiser, Robert G. "Review | Why are there more whistleblowers than ever? Because there's more fraud". Washington Post. ISSN 0190-8286. Retrieved 2021-03-31.
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