Tom Melsheimer

Collaboration, Coaching and Exxon’s Winning Securities Class Action Defense

In the counsel of many, there is wisdom.

That is a paraphrase of an Old Testament quote that I used in the opening of the securities class action we tried to a jury earlier this month in Judge Ed Kinkeade’s court in Dallas. It applied to our securities class action defense, which was rooted in the good faith efforts of the hard-working people of ExxonMobil. But it also applied to the trial team that won the case, a combination of firms and lawyers that came together to produce a winning result in a very rare circumstance where unexpected events intervened.

May 27, 2026 Tom Melsheimer

Are You a Go-Getter Lawyer?

To be a success in the legal profession hinges much more on how you work than where you work. Taking ownership of your own success and not expecting someone else to provide it for you is every bit as important today as it was 40 years ago. But what the series revealed is that different generations have a different sense of what go-getting looks like today.

January 28, 2025 Tom Melsheimer

Jury System Survives Challenges in Trump Case

In this guest article, Winston & Strawn’s Tom Melsheimer applauds the jurors who decided the New York State court trial of Donald Trump. “Trial lawyers can discuss and debate the result and argue about the tactics of both sides. That’s fair game,” he writes. “But anything but praise for the citizens who were effectively drafted into a fractious and controversial case? That’s just fake news.”

June 6, 2024 Tom Melsheimer

‘Twas the Week Before Christmas

A lawyer walks into a courtroom, puts on a Santa hat and reads a Christmas poem to the jury. That’s no one-liner, but rather a factual account of something that happened in San Diego the week before Christmas. And I know that because I’m the lawyer who did it.

Now, of course, this whole thing was not without risk. But a favorable verdict in the trial last week proves the spirited move didn't hurt either.

January 29, 2024 Tom Melsheimer

What Murdaugh’s Testimony Can Teach Us

Few things capture the public’s imagination and make headline news daily as does a jury trial, especially one for murder. The latest example of such a case is the murder trial of disgraced South Carolina lawyer Alex Murdaugh.

Although the facts of the case are in so many ways bizarre and extreme, the case illustrates some very common issues that come up in trials generally, especially criminal trials.

February 27, 2023 Tom Melsheimer

Lessons from the DaVita Win

The antitrust matter was the first criminal case alleging an illegal conspiracy involving a “non-solicitation” or “no-poach” agreement. This article shows why it is an issue of serious importance to GCs around the state.

April 20, 2022 Tom Melsheimer

Legal Expert: Governor and AG Make ‘Silly and Dangerous’ Hot Mess of Shelley Luther Case

Shelley Luther was not punished for "giving a haircut." She wasn't punished for violating Gov. Greg Abbott's orders. She was punished for violating a judge's legitimate and legal order from a court. To suggest otherwise or to make her some kind of a martyr for a cause is a disservice to martyrs and causes. Tom Melsheimer gives the actual facts of the case and the dangers of playing politics with it.

May 7, 2020 Tom Melsheimer

Reflections on an Acquittal

A multi-defendant white-collar criminal case in federal court presents unique challenges, from managing a multitude of lawyers to the avoidance of conflicts. Tom Melsheimer of Winston & Strawn, who represented the only defendant acquitted in the Forest Park Medical Center bribery case, reflects on the strategies and disciplines that helped the jury single out his client as the only one among nine defendants they could unanimously regard as innocent.

May 2, 2019 Tom Melsheimer