You are celebrated as being one of the most sought-after trial lawyers in the United States. What has been the secret to your success, particularly when it comes to approaching high-stakes litigation?
It takes a village! I have learned to assemble and rely upon trial teams that are smart, creative and not afraid to offer strong opinions before and during trial.
Further, humility is vital. It’s rare that any trial lawyer knows definitively how well a jury trial is going. Always question your assumptions and approach throughout; don’t be afraid to adjust, but don’t automatically conclude that it’s a mistake to stay the course either.
What is the biggest challenge facing your clients right now, and how are you helping them to manage this?
Every client wants to better manage their legal expenses in patent cases. We are trying to do all that we can with creative staffing and AI tools to reduce costs and, failing that, make them more predictable for clients.
If you could change one thing about litigating patent disputes before the US courts, what would it be, and do you think it is likely to happen?
Most courts would improve if they followed the examples of the country’s leading patent judges in Texas and Delaware, who adjudicate hundreds of patent cases per year. Streamlined procedures, quicker hearings and trials, and more predictable rulings make the patent system work better for everyone.
As a leader, how do you ensure that each member of your team fulfils their potential and how do you measure the whole team’s success?
Ultimately, helping someone to succeed is about making sure that their talents align with what they are being asked to do. That requires listening and discernment. You can’t delegate motivation. You have to stay connected with your team and make sure that they are informed and invested throughout the lifetime of the case.
What has been your top career highlight to date, and why?
Every time I have stood up in court in front of a jury of American citizens over the last 37 years has been a highlight for me because our trial system is truly a national treasure. In addition, being asked late in my career to co-chair the litigation department of Winston & Strawn – one of the country’s most prestigious and accomplished group of trial lawyers – has also been an honour that both motivates and challenges me.
Thomas Melsheimer
Co-chair, Litigation Department and Managing Partner, Dallas
[email protected]
Described as “one of the most sought-after trial lawyers in the country” by The American Lawyer, “a celebrated storyteller” by the magazine’s founder and a “game-changing ringer” by another national legal publication, Tom Melsheimer is the all-too-rare true trial lawyer – one who can try any case, whatever the claims or subject matter. He serves as Winston’s litigation department co-chair and has remarkably broad and extensive jury trial experience, including trying patent cases.