David M. Malone, JD
Trial Run, Inc.
David M.Malone, JD, is currently the President of Trial Run Inc., a litigation consulting and trial training and coaching firm located just outside Washington, D.C. Malone has been a partner with the Venable Law Firm in Washington, and with Bayh, Connaughton & Malone, also in Washington, where he headed the litigation department. In private practice, he handled both plaintiff and defense side of antitrust matters, product liability suits, RICO claims, professional and corporate officer malpractice claims, and suits for corporate control. For the first 15 years of his 31 years in practice, Mr. Malone was a federal prosecutor in antitrust and consumer fraud. He has tried cases lasting as long as 440 courtroom days, with 150 witnesses and 44,000 pages of transcript, and others that he has lost in as little as one-half day. Every trial in his career has involved expert witnesses, with the longest involving the examination and crossexamination of 52 expert witnesses. Malone has taught hundreds of advanced and basic trial advocacy, expert witness, deposition and other trial-related programs, across the United States, with barristers and solicitors in England, and for Russian criminal defense attorneys in Moscow; for the National Institute for Trial Advocacy, the American Bar Association, the State Department, and private corporations and law firms; and for federal and state agencies, including the Justice Department, the Labor Department, the EPA, the FDIC, and the FTC.Malone has been a Professorial Lecturer in the Law at George Washington University School of Law, and he is currently an Adjunct Professor of Trial Advocacy at the University of Virginia School of Law. Dave Malone is the author or co-author of The Effective Deposition, one of the most widely used texts on deposition practice and procedure; handbooks for practitioners entitled, Expert Rules and Deposition Rules; and a new book entitled, Effective Expert Testimony; of workbooks for various courses, including Winning Depositions and Winning With Experts; and of numerous articles on trial practice topics, including, “The Zodiac Expert: Reliability After Kumho Tire,” “Why Most Deposition Preparation Fails,” and “Persuasive Expert Testimony.” An article published in the fall of 2000, entitled, “The Daubert Deposition Dance,” examines changes in deposition practice necessitated by Daubert reliability inquiries, and an upcoming law review article analyzes whether accounting and economic experts on damages can survive Daubert reliability challenges. He has just completed and published, through Trial Run Inc. two additional handbooks, one on handling exhibits at pre-trial and trial, and the other on all aspects of creating, presenting and defending challenges to expert testimony under the Daubert-Joiner-Kumho Tire trilogy of Supreme Court cases. Mr. Malone is a graduate of the University of Notre Dame and earned his J.D. from the University of Virginia. He is a member of the Virginia, D.C. and Maryland federal and state bars; of the Bar of the Supreme Court of the United States; and of various federal district and circuit bars across the country.