Tom Malone has practiced litigation for more than 30 years and has tried many cases, both to juries and to the court. He is a Certified Civil Trial Specialist and has received superior ratings from his peers. Tom is a tenacious advocate and experienced counselor with extensive experience in both courtrooms and conference rooms. Whether your case is large or small or whether the dispute is one with only a few or tens of thousands of documents, Tom will attempt to resolve your problem as quickly and as much to your benefit as possible.
Current Employment Position(s):
Shareholder
Areas of Practice:
Class Action and Complex Litigation
Commercial Litigation and Appeals
Real Estate and Construction Litigation
Federal and State Appellate Practice
Employment Law
Information Technology Control and Related Security Issues
Intellectual Property Law
Trade Secrets
Litigation Percentage:
100% of Practice Devoted to Litigation
Litigation is by definition an adversarial process. Parties to litigation and this includes pre-lawsuit tactics and maneuvers- are generally interested only in advancing their positions and, in so far as it is possible, thwarting the position of the opposing party. As this is true, so it is also true that litigation can be and is an expensive, time consuming and harrowing experience.
However, there are ways to minimize the pain: I believe the pursuit or defense of claims is most reliably attained when the attorney and client work together as a team. This means firm, well defined and reasonable goals should be established at the outset of the relationship. From these goals a plan needs to be established; one that is designed to accomplish the set goals. Everything from that point should be tailored to work toward that end, recognizing that unforseen changes in the tactical circumstances may mandate re-evaluation.
Certification/Specialties:
Civil Trial Specialist, Civil Litigation Section, Minnesota State Bar Association,1992-Current
Million Dollar Advocates Forum
Bar Admissions:
Minnesota State Bar, 1978
U.S. District Court District of Minnesota, 1978
U.S. Court of Appeals 6th Circuit, 1987
U.S. Court of Appeals 8th Circuit, 1987
Western District of Wisconsin
Education:
J.D., Indiana University School of Law, 1978, cum laude
Law Review: Indiana Law Review, Note & Development
Editor, 1977 – 1978
B.A., San Jose State University, 1975
Honors: With Great Distinction
Honors and Awards:
Minnesota Super Lawyer 2010, 2011, 2012
1992-2012 Martindale-Hubbell AV® Preeminent™
2nd Degree Black Belt, American Karate
Professional Associations and Memberships:
U.S. Navy, 1965 – 1972
Minnesota Army National Guard, Military Police Officer
1987 – 1990
Minnesota Ice Men Karate Team, 1999 – 2000
American Arbitration Association, Panel of Arbitrators
Anoka County Bar Association
Hennepin County Bar Association
Hennepin County Bar Association, Civil Litigation Section
1992 – 1993 Co-Chair
Cass County Bar Association
Minnesota State Bar Association
Federal Bar Association
Adjunct Instructor, Business Law, MBA Program. University of St. Thomas, Minneapolis, MN.
Fraternities/Sororities:
Phi Delta Phi
Published Works
The Emergence of A “Rich Fiduciary Rule” for ERISA Plan Fiduciaries’ Use of Plan Assets, The Hennepin Lawyer, April 1998
An Insurer’s Failure to Perform Without Legal Justification: Consquential Damages, The Hennepin Lawyer, March 2002
A Sense of Loyalty, The Hennepin Lawyer, February 2003
A Footnote to Civil Litigators: A Matter of Timing, The Hennepin Lawyer, May 2004
Risky Business, Writing Your Own Legal Documents Can Be Costly, Spring 2006, In Brief, A Publication of Barna, Guzy and Steffen, Ltd.
You’ve Got Mail, Attorney Client Privileged Communications and Email, Summer 2006 In Brief, A Publication of Barna, Guzy and Steffen, Ltd.
Emails Sent to an Attorney by an Employer, Minnesota Trial Lawyer, Fall 2006
Buyer and Seller Beware: Mortgage Fraud in Minnesota, Summer 2007, In Brief, A Publication of Barna, Guzy and Steffen, Ltd.
Why Mortgage Fraud Hurts us All, Fall 2007, In Brief, A Publication of Barna, Guzy and Steffen, Ltd.
Articles
Toward an English Rule on Costs and Disbursements
Minnesota Environment Response and Liability Act
Risky Business: Writing Your Own Legal Documents Can Be Costly
Malone’s Monthly Musings
February 2011 Musing
Teaching Experience:
Tom has been an Adjunct Instructor at the University of St. Thomas in Minneapolis, teaching business law to MBA students in the College of Business
Representative Cases:
Hillstrom & Bale v. Gaughan
Kim v Spectrum Sign Companies
Felber v Estate of Regan
Stauch v City of Columbia Heights
Shiner v United Fire & Casualty Co.
Birth Information:
1947, Denver, Colorado