Dallas Bar Association
HEADNOTES July 2014 Volume 39 Number 7
DBA Trial Lawyer of the Year: Tom Melsheimer get too high or too low.” In addition to Miki, Mr. Melsheimer attributes his success to following “I’m very competitive and like to win. If you two values: looking to work with “people who are not passionate about winning—and by that inspire me” and pursuing the “the gift of insecuI don’t mean trivial scorekeeping, but turning rity” (which he borrowed from the title of former your client’s situation into a success for them— federal judge and special prosecutor Lawrence then I don’t know how you go to work everyday,” Walsh’s autobiography). Mr. Melsheimer was proud to revealed Thomas M. Melsheimer, have had “the good fortune to work the Managing Principal of Fish & with good people.” After clerking Richardson’s Dallas office and this for the Honorable Homer Thornyear’s recipient of the Dallas Bar berry on the Fifth Circuit, Tom Association’s Trial Lawyer of the cut his teeth at Akin Gump before Year. It is clear from his winning joining the U.S. Attorneys’ office. record and praise from colleagues, Those experiences were formaadversaries and jurists alike that tive and taught Tom about being a Tom brings passion, skill and suctrial lawyer. He learns from others, cess with him everyday. though counsels young attorneys “He’s a superlative lawyer, truly that “you can’t be an impressionthe whole package,” remarked ist—you have to learn from the best Judge Craig Smith, who presides but make it your own.” Eventually, over the 192nd District Court of you “have to be comfortable in your Dallas County. Judge Smith, who own skin” and employ what works not only has seen Mr. Melsheimer Thomas M. Melsheimer in action from the bench, but faced him as an for you. Judge Smith agreed, noting that Mr. adversary years before, calls Mr. Melsheimer “the Melsheimer has earned the loyalty and allegiance best oral advocate I know or have seen—he has of a “great team of attorneys that surround him the voice of a stage actor and mixes humor and and have helped him become a great lawyer.” The gift of insecurity provides Mr. Melsheimer wit while being great on his feet.” Baker Botts L.L.P.’s Rod Phelan agrees and summed up Tom with that sense of purpose that pushes him to as “the complete package:” “He is virtually a work harder and do more. He notes that gift unique combination: exceptionally bright, artic- cannot become all consuming—at some point ulate, passionate, earnest and likeable. He has the advocate must have the confidence and selfassuredness to take action—but it must drive the good judgment, and he works like hell.” Plus, Judge Smith noted, Mr. Melsheimer is lawyer to persevere. Arguably the best example provocative with his very convincing arguments. of Mr. Melsheimer following this approach came A perfect example is likely the most viral motion long before the Dallas native left town to earn to dismiss ever: Mr. Melsheimer’s famous inclu- his bachelors from Notre Dame and his law sion of a “true and correct copy of one of many degree from the University of Texas. In elemenvictory celebrations” of the Dallas Mavericks tary school, Tom stuttered. Though he is quick Championship in support of a successful motion to point out his situation was not as profound as to dismiss a lawsuit alleging Mav’s owner Mark depicted in The King’s Speech, he pursued speech and debate at Jesuit in part to overcome the chalCuban mismanaged the NBA franchise. It is that sort of lawyering that makes Mr. lenge. Were he not regaling juries, convincing Melsheimer one of the most sought out advocates around and has secured a track record of judges, challenging opposing counsel, and leadphenomenal jury verdicts for his clients, includ- ing his Fish & Richardson team, Mr. Melsheimer ing numerous cases cited by the National Law likely would still be behind a podium, teaching. Journal as among the nation’s top cases, two nine- He notes that he has enjoyed teaching law school figure jury verdicts as a plaintiff, and last fall’s classes as it, like practicing law, offers “lots of insider trading defense for Mark Cuban against feedback and personal interaction.” Fortunately for our Bar, Mr. Melsheimer has the SEC. “Simply put, Tom Melsheimer is, without a doubt, the best trial lawyer I have ever had no plans to step away. In fact, “Tom’s main probthe privilege of trying a case with,” effused Juan- lem may be that he’s peaking too soon,” joked ita Brooks, a San Diego-based partner of Tom’s at Judge Smith after learning that Mr. Melsheimer Fish & Richardson, “It doesn’t matter what the is the youngest recipient of this award. “Tom is a case might be, from complex patent litigation to worthy recipient of the Trial Lawyer of the Year securities fraud to mass tort, Tom handles all of Award not only because of his record of excelthe issues with his classic charm, wit and intel- lence in the courtroom, but also because of his ligence. Juries love him because he’s genuine and dedication to the craft of being a great advocate has a unique ability to connect with people from and his desire to follow in and continue the long line of great Dallas trial lawyers,” added Dallas all walks of life.” Mr. Melsheimer admits that his wife of over Bar Association President and Jackson Walker HN 30 years, Miki, is his unsung hero and secret litigator Scott McElhaney. weapon. As an accomplished playwright and director, “she provides insight and perspective.” Jared M. Slade litigates for Alston & Bird LLP, serves as Co-Chair of the DBA Plus, Tom shared, “she keeps me level so I don’t Publications Committee, and can be reached at jared.slade@alston.com. by Jared M. Slade
Inside 3 A Defense Under a Liability Policy Must Be Requested 7 Civil Liability for Commercial Use of Drone Aircraft in Texas 10 Bar None XXIX: Kinky Suits 13 Cyberliability: Considerations for Mitigating Risk
Focus Tort & Insurance Practice
An Idea Whose Time Had Come On June 12, the Dallas Bar Association presented the second of a series of programs to mark the 50th anniversary of the Civil Rights Act of 1964. Author Todd Purdum spoke on his book An Idea Whose Time Had Come, which discusses the passage of the Act.
Mr. Purdum (left), DBA President Scott McElhaney (center) and Kevin Wiggins, who moderated the event.
(Left to right) Michele Wong Kraus, William Bridge, Karen McCloud, Betsy Julian, Ed Cloutman, T.J. Johnson, Laura Benitez Geisler and Mary Scott.
The 2014 DBA Membership Directory is now available in print & online. Check out the directory and legal resource guide used by Dallas attorneys! To view the Online Directory and Legal Resource & Expert Witness Guide, go to www.dallasbar.org/pictorial and login. To request a copy of the new directory, contact pictorial@dallasbar.org.