Attorney V. John Ella Articles

Summary Guide to Hiring an Employee with a Non-Compete Agreement (c) 2022
“The Open Courts Act and American Attitudes About Privacy,” Minnesota Lawyer (Feb. 14. 2022)
Minnesota Business Forms Deskbook, First Ed. (c) 2021 Minnesota CLE (chapters on “Employment Agreement,” “Independent Contractor/Consulting Agreement,” and “Confidentiality, Non-Compete and Non-Solicitation Agreement.”)
“Legal QuickSheet – Employee Monitoring and Workplace Privacy,” Minnesota CLE, (c) 2021 (co-author with Nicholas Sperling)
The ADA Handbook, 2d. ed., Chapter 11, “Defense Side – Tips and Strategies for Litigation,” Minnesota State Bar Association (2020) [co-author]
“Not So Fast – Termination of Sales Rep Agreements Under Minnesota Law,” Bench & Bar of Minnesota, July 2020
“How to Enforce a Minnesota Non-Compete,” Trepanier MacGillis Battina Website (March 7, 2019)
“Minnesota Employment Contracts,” Chapter Four of Representing the On-Going Business Deskbook, 3rd. Ed. (Minnesota CLE 2019) (Co-Author with Jeff Oberman)
“How Judgments Granting or Denying Injunctions Can Become Moot on Appeal,” Trepanier MacGillis Battina Website (January 27, 2019)
“Minnesota Non-Compete Law: 2018 Year in Review,” Trepanier MacGillis Battina Website (January 1, 2019)
“Request for Injunction Denied in Minnesota Breach of Duty of Loyalty Lawsuit,” Trepanier MacGillis Battina Website (December 28, 2018)
“Profits Interests, Service Provider Executives, and the Non-Employee Employee,” Trepanier MacGillis Battina Website (November 27, 2018)
“8th Circuit Weighs in on Minnesota ADA Public Accommodation Case,” Trepanier MacGillis Battina Website (September 10, 2018)
“Summary Guide to Employment Law Statutes of Limitation,” (Minnesota CLE 2018) [co-author]
Executive Employment Law: A Handbook for Minnesota Executives (Mill City Press 2018)
“Count of Breach of Implied Covenant of Good Faith and Fair Dealing Survives Dismissal in Claim for Payment for Stock Ancillary to Employment Agreement,” Trepanier MacGillis Battina Website (June 6, 2018)
“Federal Consumer Review Fairness Act Bars Non-Disparagement Clauses in Consumer Contracts,” Trepanier MacGillis Battina Website (March 8, 2018)
“Minnesota Court of Appeals Clarifies Scope of Qualified Privilege Defense to Defamation Claims,” Trepanier MacGillis Battina Website (February 23, 2018)
“An Employee’s Duty of Loyalty under Minnesota Law,” Trepanier MacGillis Battina Website (November 2, 2017)
“Three Decades of DATWA,” Minnesota Bench & Bar (September 2017)
“Surprising Non-Compete Decision from Minnesota Court of Appeals Enforces ‘Boilerplate’ Remedies Clause,” Trepanier MacGillis Battina Website (July 19, 2017)
“Minnesota Amends its Medical Practice Act,” Minnesota Lawyer (June 12, 2017)
“The Blue Pencil Doctrine in Minnesota,” Trepanier MacGillis Battina Website (June 7, 2017)
Appendix 5, Pregnancy Accommodation and Non-Discrimination Handbook, (Minnesota CLE 2017)
“Trade Secrets Dispute Between Waymo and Uber Offers Lessons,” Trepanier MacGillis Battina Website (May 30, 2017)
“Tortious Interference – The Triangular Tort,” Trepanier MacGillis Battina Website (March 30, 2017)
“Explaining Litigation Through Metaphor,” Minnesota Lawyer (February 7, 2017)
“Appellate Court Clarifies Elements of Conversion, Civil Theft, Breach of Fiduciary Duty, and Misrepresentation Claims,” Trepanier MacGillis Battina Website (February 26, 2017)
“Minnesota Corporate Acquisitions Trigger Interest in Change in Control Provisions,” Trepanier MacGillis Battina Website (January 26, 2017)
“Financial Execs Should Consider Their U5 in Severance Negotiations,” Trepanier MacGillis Battina Website (January 3, 2017)
“Executive Contract Terms Can be Colorful,” Trepanier MacGillis Battina Website (September 11, 2016)
“Enforceability of Non-Solicitation Provisions – The Grass is Not Always Greener,” Trepanier MacGillis Battina Website (September 1, 2016)
“Tech, Law and Your Workplace,” Minnesota Star Tribune Business Forum (June 12, 2016)
“A Change of Venue for Trade Secrets Disputes,” Bench & Bar (June 2016)
“New Notice Requirements Effective Immediately Pursuant to the Defend Trade Secrets Act of 2016,” Trepanier MacGillis Battina Website (May 11, 2016)
Employee Monitoring and Workplace Privacy Law, American Bar Association (ABA) presented at the 2016 National Symposium on Technology in Labor and Employment Law
“Use of Personal Cloud-Based Document Accounts Requires New Strategies by Employers,” National Law Review (March 4, 2016)
“March Monitoring Madness and Monitoring Methods,” National Law Review (February 22, 2016)
“St. Paul is Second Minnesota City to Weigh Paid Sick Leave Ordinance,” National Law Review (January 29, 2016)
“European Union Issues Major Ruling on Employee Monitoring,” National Law Review (January 21, 2016)
“Encouraged by the Feds, Cities are Punishing Business,” Wall Street Journal, (Nov. 2, 2015)
“Minnesota Federal Court Finds “Field Preemption” of Minnesota Drug Testing Statute,” National Law Review (September 2, 2015)
“Court Provides Roadmap for Drug Testing,” Minnesota Lawyer (August 31, 2015)
“Eighth Circuit Finds Non-Compete May be Assignable Under Arkansas Law,” Reverses Dismissal of Breach of Fiduciary Duty and Conspiracy Claims Where Manager took Subordinates with Him,” National Law Review (August 12, 2015)
“Title III Accessibility Class Actions Target Retail, Food and Hospitality Industries,” National Law Review (July 21, 2015)
“Minnesota Federal Court Applies Texas Law, Proceeds to Blue Pencil Restriction re: Non-compete Agreement,” National Law Review (June 17, 2015)
“Employers Buffeted by Layers of Rules,” Star Tribune Business Forum (June 2015)
“Workplace Privacy Law in Iowa,” Iowa Lawyer (June 2015)
“Iran, Nukes and Alternative Dispute Resolution,” Minnesota Lawyer (May 2015)
“Narcissists, Inc.,” HR Magazine (May 2015) [co-author with Michael Farnsworth, M.D., D.F.A.P.A]
“Strategic Perspectives – Jackson Lewis Spotlights Unusual State Laws,” Wolters Kluwer Employment Law Daily (April 10, 2015) [co-author with Beverly W. Garafolo]
“Responding to Federal Housing Bias Complaints,” Minnesota Lawyer (April 9, 2015) [co-author With Malcolm Terry]
“Lessons Learned from Clinton’s Case,” Star Tribune Business Forum, (March 30, 2015)
“Confidentiality Agreements May Violate Dodd-Frank Act,” National Law Review (April 2, 2015)
“Minnesota Supreme Court Allows Advice of Counsel Defense to Tortious Interference Claim in Non-Compete Dispute,” National Law Review (March 13, 2015)
“$40 Million in Sale of Business Held Sufficient Consideration for Non-Compete,” National Law Review (February 17, 2015)
“Eighth Circuit Affirms Judgment on the Pleadings in Arkansas Non-Compete Case,” National Law Review (February 16, 2015)
“Does the Secret Service Need a BYOD Policy? Addressing Personal Device Usage in the Workplace?” National Law Review (November 14, 2014)
“Admissions of Drug Use by Employees Are Not the Same as Positive Test Results in Minnesota,” National Law Review (November 8, 2014)
“Technology on the Job: Tough Future for Shirking?” National Law Review (November 5, 2014)
“Half-Billion Dollar Arbitration Award in Trade Secrets Case Affirmed by Minnesota Supreme Court in Trade Secrets Dispute,” National Law Review (October 13, 2014)
“California Court Considers Customer Lists, LinkedIn Contacts, in Trade Secrets Case,” National Law Review (October 6, 2014)
“Pennsylvania Court Enforces Forum Selection Clause in Franchise Non-Compete Against Florida-Based Defendant, and His Non-Signatory Wife,” National Law Review (August 27, 2014)
“Use of Non-Competes Cited as Factor Against Independent Contractor Status,” National Law Review (August 22, 2014)
“Minnesota Drug Testing Law Does Not Apply to Employees Working Outside Minnesota,” National Law Review (August 21, 2014)
“Monitoring Personnel-Developing Clear Policies,” Employee Benefits Planner, Vol. 21, No. 2 (2014)
“Law Protects Employees Who Use Medical Marijuana,” Minnesota Lawyer (June 19, 2014)
“New Minnesota Medical Cannabis Law Protects Employees from Discrimination For Medical Marijuana Use,” National Law Review (June 3, 2014)
“Noncompete Case Certified to Wisconsin Supreme Court on Issue of Consideration,” National Law Review (May 12, 2014)
“Minnesota Mulls Amendments to Data Breach Notification Law,” National Law Review (May 4, 2014)
“Claims in Pennsylvania Lawsuit Alleging En Masse Defection of Employees as ‘Sabotage’ Survive Dismissal,” National Law Review (April 23, 2014)
“Wisconsin Limits Employers’ Access to Personal Social Media Accounts of Employees, Job Applicants,” National Law Review (April 17, 2014)
“Wisconsin Enacts Internet Privacy Protection Law,” National Law Review (April 14, 2014)
“Fifth Circuit Ruling Serves as Reminder that Confidentiality Agreements Should be Drafted So As to Not Tread on National Labor Relations Act (NLRA) Section 7 Rights,” National Law Review (March 28, 2014)
“Facebook Post Breaches Confidentiality Provision of Settlement Agreement,” National Law Review (March 4, 2014)
“Pennsylvania Court Upholds Choice of Law Provision in Non-Solicitation Case Involving California Employee,” National Law Review (February 7, 2014)
“Should a Non-Compete be Signed Before or After Employment Begins? Answer: It Depends in Alabama and Elsewhere,” National Law Review (January 20, 2014)
Legal QuickSheet™ “Employee Monitoring and Workplace Privacy,” (Minnesota CLE 2014)
“Court Records Overexposed in Today’s Light,” Minneapolis Star Tribune (July 17, 2013)
“Employment Law Compliance Tips for Long-Term Care Communities,” LeadingAge.org (May 15, 2013)
“When to Quit: We Make the Call, Employment Law has Made the Decision to Retire Largely Our Own,” Minneapolis Star Tribune (March 4, 2013)
The ADA Handbook, Chapter 11, “Defense Side – Tips and Strategies for Litigation,” Minnesota State Bar Association (2013) [co-author]
“Book Review: Executive Law,” The Federal Lawyer (March 2013)
“Lessons in EEOC: Priorities and Tactics from EEOC v. Van Expedited,” Iowa Lawyer (September 2012)
“Workplace Defamation Claims in Minnesota,” Bench & Bar (August 2012)
“HR v. HR – Relationships Get Awkward Fast With an HR Plaintiff,” HR Magazine (September 2010)
“Employment Practices Liability Insurance Comes of Age,” Hennepin Lawyer (September 2010)
“We’ve Entered the Age of the Whistleblower,” Star Tribune Business Forum (August 9, 2009)
“Federal Court Tackles NFL Drug Testing Program,” Sports Litigation Alert 7.1 (January 2010) [co-author]
“Now’s the Time to Review your Non-competes,” Star Tribune Business Forum (September 2009)
“Frost/Nixon Offers a few Deposition Tips for Lawyers,” Minnesota Lawyer (August 2009)
“State Should Reform Drug Testing Law,” Minneapolis Star Tribune Business Forum (July 20, 2009)
“Employment Law by the Numbers,” Minnesota Lawyer (June 1, 2009)
“Diagnosing Employment Law Issues in the Health Care Industry,” Hennepin Lawyer (May 2009)
“Charge! A Look at Federal, State, and Local Discrimination Charges in Minnesota,” Hennepin Lawyer (April 2008) [co-author]
“Summary Guide to Filing and Responding to EEO Charges of Discrimination in Minnesota,” (Minnesota CLE 2008) [co-author]
“What Do They Have in Mind? Minnesota’s Drug -Testing Law Turns 20,” Minnesota Bench & Bar (September 2007)
“Consumer Fraud and Deceptive Trade Practice Regulation in Minnesota” (Minnesota CLE 2007) [Contributing Author]
“Responding to Employee Embezzlement,” Employment Law 360 (May 30, 2007)
“Common Law Fraud Claims: A Critical Tool for Litigators,” Bench & Bar (September 2006)
“Golden Parachutes to Golden Handcuffs: An Executive Law Glossary,” Twin Cities Business Journal (May 19, 2006)
“Employment Law ‘No-Brainers,'” Twin Cities Business Journal (November 14, 2005)
“No Longer Commission Impossible – Bonus Claims Get Boost,” Hennepin Lawyer (July-August 2005)
“Pay for Performance” (Book Review) Minneapolis Star Tribune (January 10, 2005)
Summary Guide to Fraud, Misrepresentation and Deceptive Trade Practices, 2nd ed. (Minnesota CLE 2004) [co-author]
“Tips for Federal Court III,” Bench and Bar (December 2004) [co-author]
“Anatomy of an Answer,” Hennepin Lawyer (July/August 2004)
“Bad Faith Trumps Minnesota Nice When it Comes to Stock Options,” Hennepin Lawyer (May/June 2004)
“The Firm of the Future” (Book Review) Federal Lawyer (May 2004)
“Reviewing SEC Disclosures Can Yield Dividends,” Minnesota Lawyer (March 25, 2002)
“Executive Perspective,” Minneapolis Star Tribune (November 5, 2001)
“Legal Issues are on the Menu for Restaurant Owners,” Law Watch (Spring 2001)
“When The Green Card Gets the Pink Slip,” Minnesota Lawyer (January 12, 2001)
“Be a Tender Sender: Tender Claims for Insurance Coverage,” American Bar Association: The Young Lawyer (October 2000)
“Clerking Outstate: Northern Exposure, Minnesota Style,” Minnesota Lawyer (July 31, 2000)
“More Tips for Litigation in Federal Court,” Bench & Bar (May/June 2000) [co-author]
“Test Your Knowledge of Federal Legislation,” Federal Lawyer (January 2000)
“17 Steps to Protect Your Trade Secrets,” You and the LAW 30.1 (January 2000) [co-author]
“For the Record: 150 Year of Law and Lawyers in Minnesota” (MN, 1999) [Contributing Author]
“A Stock Options Primer for the Employment Law Attorney,” Hennepin Lawyer (June 1999)
“Qui Tam Lawsuits Increasing,” Law Watch (Winter 1998) [co-author]
“Front Pay Damages in Eighth Circuit Employment Law Cases,” Minnesota Lawyer (August 1998)
“Settlement Negotiations – They’re Not that Confidential,” Bench & Bar (April 1998) [co-author]
“Tips for Litigation in Federal Court,” Bench & Bar (March 1997) [co-author]
“Lawyers Make the Best Lawmakers,” Minneapolis Star Tribune (August 10, 1996)
“Minnesota Legal Terms – A Quiz,” Minnesota Journal of Law & Politics (November 1995)
“The Visegrad Countries of Central Europe: Integration or Isolation?” Minnesota Journal of Global Trade 2.1 (Summer 1993)