Vincent John Ella

Vincent John Ella: Attorney with Trepanier MacGillis Battina P.A.

Biography

V. John Ella is a shareholder with the law firm of Trepanier MacGillis Battina P.A. He practices in all aspects of employment law, business law, and commercial litigation, with an emphasis on employment defense and insurance defense. He also advises businesses, employers, individual executives, and professionals in the areas of employment agreements, handbooks, executive compensation, non-compete and trade secret litigation, contracts, drug testing law, privacy law, commission claims, defamation, fraud, sexual harassment claims, employment and housing discrimination, ERISA benefits litigation, public accommodations under Title III of the Americans with Disabilities Act and state law, wage and hour compliance, whistleblower and Sarbanes-Oxley claims, professional licensing issues, appeals, manufacturer sales representative contracts, and closely-held corporation and partnership disputes. Mr. Ella is also available to serve as a private mediator and neutral investigator. He is a Qualified Neutral under Rule 114 of the Minnesota General Rules of Practice and serves as an arbitrator for the American Arbitration Association. Mr. Ella has obtained successful verdicts in jury trials and court trials in federal and state district courts in Minnesota and Iowa. Mr. Ella has handled dozens of appeals and has appeared before the Minnesota Court of Appeals, the Minnesota Supreme Court, the 8th Circuit Court of Appeals and the Federal Circuit Court of Appeals. He has litigated non-compete disputes in Iowa, Florida, Minnesota, North Dakota and Wisconsin. Mr. Ella is the author of over one hundred articles or book chapters for various legal publications. He frequently lectures on the topic of workplace privacy and employee monitoring. He also speaks on common law fraud and was co-author of the Summary Guide to Fraud, Misrepresentation and Deceptive Trade Practices. Mr. Ella is a recognized commentator on the topic of “Executive Law” and has been quoted in dozens of newspaper and magazine articles regarding stock options, executive compensation, non-competes, restrictive covenants and executive severance agreements and has lectured at several CLEs on the topic of Executive Law. He is currently working on a book on Minnesota Executive Law. Mr. Ella is also known for having defended dozens of employers regarding claims under the Minnesota Drug and Alcohol Testing in the Workplace Act. He has also written for local and national publications on the topic of municipal and local employment law ordinances. Mr. Ella is certified by the Minnesota State Bar Association as a Labor and Employment Law Specialist. He is also certified as an Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals (IAPP). He was appointed to the Minnesota Board of Medical Practice in 2010 and again in 2014 and also serves on the Minnesota State Board of Legal Certification. Mr. Ella was a Law Clerk for Judge Carol B. Amon, Eastern District of New York from 1996-1997 and for Judge William E. Kalar, Ninth Judicial District of Minnesota from 1994-1995. After ten years as an attorney at a local general practice firm he spent almost ten years at the nation’s second-largest labor and employment defense firm as a partner where he represented many Fortune 500 and large global corporations in all aspects of employment law. He joined Trepanier MacGillis Battina in 2016. •Super Lawyer (2002-2017) •Minnesota Top 100 Super Lawyer (2014) •Minnesota Law and Politics “Top 40” Employment Law Attorney (2006-2008) •Minnesota State Board of Legal Certification (2015-present) •Evergreen Montessori, Crystal, MN, Board of Directors (2014) •Minnesota Board of Medical Practice (2010 – present) •Law Enforcement Memorial Association (LEMA), pro bono attorney (2012-2016) •City of Robbinsdale Human Rights Commission, Commissioner (2006-2007) •University of Minnesota Student Legal Services, Board of Directors (2001-2005) •University of Minnesota Law School, Legal Writing Instructor (1999-2001) ARTICLES: · “Three Decades of DATWA,” Minnesota Bench & Bar (September 2017) · “Surprising Non-Compete Decision from Minnesota Court of Appeals Enforces ‘Boilerplate’ Remedies Clause ,” (July 19, 2017) · “Minnesota Amends its Medical Practice Act, Minnesota Lawyer , (June 12, 2017) · “The Blue Pencil Doctrine in Minnesota, (June 7, 2017) · Appendix 5, Pregnancy Accommodation and Non-Discrimination Handbook © 2017 Minnesota CLE · “Trade Secrets Dispute Between Waymo and Uber Offers Lessons , (May 30, 2017) · “Tortious Interference – The Triangular Tort,” (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 ” (February 26, 2017) · “Minnesota Corporate Acquisitions Trigger Interest in Change in Control Provisions ” (January 26, 2017) · “Financial Execs Should Consider Their U5 in Severance Negotiations ” (January 3, 2017) · “Executive Contract Terms Can be Colorful, (September 11, 2016) · “Enforceability of Non-Solicitation Provisions – The Grass is Not Always Greener , (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 · “Legal Quick Sheet – Selected Employment Law Ordinances from Around the Country, (Minnesota CLE © 2016) · “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,” published on www.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 State Bar Association – 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 (MN, 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. (MN: Minnesota State Bar Association – 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) [Co-Author]

Areas of Practice (23)

  • General Employment Litigation
  • Non-Competes and Protection Against Unfair Competition
  • Privacy
  • e-Communication and Data Security
  • Professional Services
  • Employment Law
  • Business Law
  • Professional Licensing
  • Arbitration
  • Appellate Practice
  • Business Fraud
  • Logistics
  • Civil Appeals
  • Buy-Sell Agreements
  • Discrimination
  • Executive Employment Law
  • Executive Compensation
  • Noncompetition and Non-Solicitation Agreements
  • Noncompete Litigation
  • Defamation
  • Libel, Slander and Defamation
  • ERISA Litigation
  • Employee Drug Testing

Education & Credentials

Contact Information:
(612) 455-6237  Phone
612.455.0501  Fax
trepanierlaw.com/v-john-ella
University Attended:
Tufts University, B.A., 1990
Law School Attended:
University of Minnesota, J.D., cum laude, 1994
Year of First admission:
1994
Admission:
1996, U.S. Court of Appeals, Eighth Circuit; 1995, U.S. Court of International Trade; 2008, Iowa; 1995, U.S. District Court, District of Minnesota; 2000, U.S. Supreme Court; 2007, U.S. District Court, Eastern District of Wisconsin; 2009, U.S. District Court, Southern District of Iowa; 1994, Minnesota; 1999, U.S. District Court, Western District of Wisconsin; 2006, U.S. Court of Appeals, Federal Circuit; 2009, U.S. District Court, Northern District of Iowa; 1996, U.S. Court of Veteran's Appeals
Memberships:

Professional Associations and Activities

•Federal Bar Association
•Hennepin County Bar Association
•Iowa State Bar Association
•Legal Marketing Association Minnesota Chapter, Board of Directors (2003-2004)
•Minnesota State Bar Association

Certifications:
( MSBA Certified Specialist in Labor and Employment Law, Certified Information Privacy Professional (IAPP) )
ISLN:
912462187

Peer Reviews

  • 4.5/5.0 (13)
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

    4.6/5.0
  • Analytical Capability

    4.5/5.0
  • Judgment

    4.4/5.0
  • Communication

    4.6/5.0
  • Legal Experience

    4.5/5.0
  • Vincent John Ella

    5.0/5.0 by a Other Law Firm Position on 04/07/09 in Employment Defense on 04/07/09

    john is an attorney of high caliber and ethics. he has practiced on both sides of the fence in employment law and has a wide range of experience in that area. john is a...

    Read more

    john is an attorney of high caliber and ethics. he has practiced on both sides of the fence in employment law and has a wide range of experience in that area. john is a respected attorney in the legal community.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Vincent John Ella

    5.0/5.0 by a Other Law Firm Position on 03/18/09 in Insurance Litigation on 03/18/09

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Vincent John Ella

    5.0/5.0 by a Other Law Firm Position on 03/18/09 in Litigation on 03/18/09

    i have worked with john and find him to be an outstanding lawyer.

    Read more

    i have worked with john and find him to be an outstanding lawyer.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Vincent John Ella

    5.0/5.0 by a Member on 03/17/09 in Employment Claims on 03/17/09

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Vincent John Ella

    5.0/5.0 by a Member on 03/17/09 in Employee Benefits Litigation on 03/17/09

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Vincent John Ella

    4.8/5.0 by a Other Law Firm Position on 03/17/09 in Employment Defense on 03/17/09

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      4.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Vincent John Ella

    4.6/5.0 by a Member on 03/25/09 in Employment Law on 03/25/09

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      4.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Vincent John Ella

    4.2/5.0 by a Partner on 04/02/09 in Employment Litigation on 04/02/09

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      4.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      4.0/5.0
    Read less
  • Vincent John Ella

    4.2/5.0 by a Other Law Firm Position on 03/25/09 in Employment Litigation on 03/25/09

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      4.0/5.0
    • Communication

      4.0/5.0
    • Legal Experience

      4.0/5.0
    Read less
  • Vincent John Ella

    4.0/5.0 by a Member on 04/07/09 in Litigation on 04/07/09

    john is a very good lawyer and deserves an av rating in my view.

    Read more

    john is a very good lawyer and deserves an av rating in my view.

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      4.0/5.0
    • Communication

      4.0/5.0
    • Legal Experience

      4.0/5.0
    Read less

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