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Tom Malone practiced litigation for more than 30 years and 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 was a tenacious advocate and experienced counselor with extensive experience in both courtrooms and conference rooms. Whether your case was large or small or whether the dispute was one with only a few or tens of thousands of documents, Tom attempted to resolve your problem as quickly and as much to your benefit as possible.

Current Employment Position(s):

Retired 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{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} 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.


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


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.


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.


Toward an English Rule on Costs and Disbursements

Minnesota Environment Response and Liability Act

The Nature of Appeals

Risky Business: Writing Your Own Legal Documents Can Be Costly

Malone’s Monthly Musings
February 2011 Musing

October 2010 Musing

September 2010 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