Attorney of the Year Finalist: Thomas M. Melsheimer
Thomas M. Melsheimer had a busy year in 2017. Aside from opening a new office for big law firm Winston & Strawn, he co-authored a book on jury trials and won several big jury trials.
August 31, 2018 at 06:00 AM
4 minute read
Thomas M. Melsheimer had a busy year in 2017. Aside from opening a new office for big law firm Winston & Strawn, he co-authored a book on jury trials and won several big jury trials.
“If I'm doing something I really enjoy doing you always can find time,” said Melsheimer, managing partner of Winston & Strawn's Dallas office. “It's stuff you don't like doing you end up not getting done and often blaming lack of time.”
Chicago-based Winston's new Dallas office opened with 21 lateral partners from eight law firms: Locke Lord, Fish & Richardson, Jones Day, Norton Rose Fulbright, Greenberg Traurig, Squire Patton Boggs, K&L Gates and Miller, Egan, Molter & Nelson. Melsheimer, who is well-known for representing and clearing Mark Cuban against insider trading charges by the U.S. Securities and Exchange Commission, was an intellectual property litigator and managing principle of Fish & Richardson before he left to open Winston's new office. He told Texas Lawyer at the time he wasn't looking to change firms, but Winston's commitment to Dallas impressed him.
“They really went out and got some of the best lawyers in town in their respective practice areas. I've never seen that before,” he said. The office has grown to more than 60 attorneys. Just a couple of months after opening in April 2017, Winston elected Melsheimer to its executive committee.
“Opening the office—that was something I was very excited about,” he recalled.
If launching a new Big Law office wasn't enough to do in 2017, Melsheimer also co-authored a reference book for both young and seasoned trial lawyers to seek practical advice about jury trials. Melsheimer and 192nd District Judge Craig Smith of Dallas authored, “On the Jury Trial: Principles and Practices for Effective Advocacy.” Melsheimer squeezed in writing on airplanes or waiting in airports, Law.com reported. The 254-page book—often funny—contains a tremendous amount of hard-earned wisdom. The book covers voir dire, opening and closing statements, preparing witnesses, cross examination, using exhibits, jury research and more, according to the book's description.
The authors have been donating all of the proceeds of the book—already in its third printing—to the University of North Texas Dallas College of Law. The popular $22 book has sold between 3,000 and 4,000 copies now and it's preparing for its fourth printing.
“We weren't looking to make money off this book and I didn't want people to see it as some commercial enterprise,” Melsheimer noted. “I've had lawyers walk up to me and say, 'I read your chapter on opening statements and I used those tips.'”
Melsheimer also had successes in the courtroom.
In the lawsuit SAP America v. InvestPic in the U.S. District Court for the Northern District of Texas, Melsheimer in 2017 won his client, SAP America Inc., a ruling invalidating all claims of InvestPic's patent to a statistical technique because it was directed to a “patent ineligible abstract concept.” Later that year, Melsheimer got another victory when the judge granted SAP attorney fees.
Among other wins, in April 2017, Melsheimer argued and won a ruling from the U.S. Court of Appeals for the Federal Circuit that ended the lawsuit AmerisourceBergen v. FFF Enterprises in favor of his client, FFF Enterprises Inc. Earlier in the case, Melsheimer had defended FFF when AmerisourceBergen sued it in 2013 for patent infringement. The Patent Trial and Appeal Board, part of the U.S. Patent and Trademark Office, conducted a covered business method review and found in 2015 that AmerisourceBergen's asserted claims weren't patentable. Melsheimer's 2017 appellate victory finally killed AmerisourceBergen's patent and ended FFF Enterprises' legal woes.
“I enjoy the excitement of helping a client solve what can be a very serious problem,” Melsheimer said. “I feel I'm a participant in the justice system that is an outstanding dispute resolution system and it's hundreds of years old, and hopefully will last hundreds of years longer.”
Angela Morris is a freelance journalist. Follow her on Twitter at @AMorrisReports
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllVinson & Elkins: Traditional Energy Practice Meets Energy Transition
4 minute readAdvising 'Capital-Intensive Spaces' Fuels Corporate Practice Growth For Haynes and Boone
4 minute readGet to Know Texas Lawyer's Attorney of the Year Finalists
Trending Stories
- 1Lawyer’s Resolutions: Focusing on 2025
- 2Houston Judge Exonerated on Appeal, Public Reprimand Vacated
- 3Bar Report - Dec. 30
- 4Employment Law Developments to Expect From the Second Trump Administration
- 5How I Made Law Firm Leadership: 'It’s Imperative That You Never Stop Learning,' Says Ian Ribald of Ballard Spahr
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250