Paul Monsees

Paul Monsees

Foley & Lardner LLP

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Latest Publications


Avoid Potential Traps When Updating Employment Terms in Your Key Documents

There is little debate that best practices for employers include periodically refreshing the company’s key employment documents like personnel policies, confidentiality and nondisclosure agreements. Quite often, there are...more

11/25/2015 - Confidentiality Agreements Employee Handbooks Employment Contract Employment Terms Non-Disclosure Agreement

Background Checks? That is the Question

Has your company decided yet whether it will conduct criminal background or credit checks? If you are already using that tool as part of your job screening process, are you keeping up with legal developments in every city,...more

6/24/2015 - Background Checks Ban the Box Class Action Conditional Job Offers Consent Credit Checks Criminal Background Checks Disclosure Due Diligence EEOC Employee Privacy Rights Employees Employer Liability Issues FCRA Hiring & Firing Job Ads Job Applicants Job Offers Notice Requirements Required Documentation

Hiring From a Competitor? Play Defense to Limit Trade Secret Risk

When discussing trade secrets and strategies to protect valuable proprietary information, most companies focus on their outbound risk. In other words, companies pay close attention to protecting their own valuable trade...more

4/23/2015 - Competition Confidentiality Agreements Corporate Counsel Hiring & Firing Human Resources Professionals Strategic Planning Trade Secrets

To Sue or Not to Sue: That Is the Trade Secret Question

You have just learned that a senior member of the company research and development team has resigned. The employee had access to important confidential information about your company’s product development, manufacturing...more

12/19/2014 - Competition Confidential Information Former Employee Litigation Strategies Trade Secrets

Employer’s Super Anti-Harassment Policy May Increase Its Liability

A federal court in Connecticut recently concluded that a fired employee could have a valid disability harassment claim based on statements prohibiting all harassment contained in the employer’s personnel manual. The company...more

12/9/2014 - Adverse Employment Action Anti-Harassment Policies Disability Employer Liability Issues Employment Policies Hiring & Firing Hostile Environment Wrongful Termination

Trade Secrets – Protecting the (Corporate) Family Jewels

Disputes regarding trade secrets and corporate espionage are becoming perpetual fixtures in the news. One of the most common scenarios is that a key employee departs to join a competitor and his or her former employer quickly...more

8/28/2014 - Best Management Practices Business Assets Former Employee National Association of Manufacturers Risk Assessment Trade Secrets

Using Non-Competes When Greater Employee Responsibility = Greater Protectable Interest

Many employers require new hires to sign non-compete agreements and we have advised previously about best practices for employers to refresh their non-compete terms on a regular basis. A recent decision by a Maryland federal...more

6/25/2014 - Employer Liability Issues Employment Contract Hiring & Firing Incentive Compensation Non-Compete Agreements

Does Your 2014 “To Do” List Include Updating Your Company’s Trade Secret Protections?

As you consider the tasks you did not quite finish in 2013 and look ahead to 2014, we recommend including on your to-do list a review of your company’s practices and procedures for protecting its valuable, proprietary...more

1/6/2014 - Confidential Information Non-Compete Agreements Trade Secrets

Whistleblower Retaliation Claims — Are You Prepared?

Publicity about whistleblower claims and recoveries continues to grab headlines. The recent confession by Lance Armstrong highlighted the blood doping allegations behind his seven Tour de France titles and on the...more

3/12/2013 - Compliance DOL False Claims Act (FCA) FLSA Retaliation Whistleblowers

Are You My Supervisor?

Late last month, the Supreme Court considered whether and when a co-worker can be deemed a supervisor for purposes of evaluating if the employer is strictly liable for that person’s harassment of another employee....more

1/3/2013 - Discrimination EEOC Hiring & Firing Hostile Environment Sexual Harassment Strict Liability Supervisors Vance v. Ball State University Vicarious Liability

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