Paul R. Monsees is a partner and litigation lawyer with Foley & Lardner LLP. He has extensive experience analyzing, litigating and resolving complex commercial disputes including to represent clients in matters concerning insurance and reinsurance relationships, employment discrimination and related issues, internal investigations, breaches of fiduciary duty, corporate and law firm successor liability, misappropriation of trade secrets, breach of non-disclosure and non-solicitation agreements, data breach issues, breach of medical practice management contracts, tortious interference with contractual relations and other business torts and in defending private and governmental enforcement actions concerning consumer protection. Mr. Monsees is a member of the firm’s Business Litigation & Dispute Resolution Practice, Insurance & Reinsurance Industry Team, Insurance & Reinsurance Litigation Practice, Labor & Employment Practice and its Trade Secret/Noncompete Specialty Practice. He is chair of the firm’s Washington, D.C. Litigation Department.
Mr. Monsees’ counseling and litigation experience includes representing insurers and reinsurers in litigation, arbitration and mediation proceedings and he has negotiated strategic business solutions and commutations on behalf of cedents and reinsurers. He has represented clients involving a wide range of issues and parties such as reinsurance pools, including Unicover, offshore captives, brokers, MGU and MGA relationships, quasi-governmental funds and Lloyds syndicates. A representative list of the business and issues presented in these matters includes: accident & health, property & casualty, workers comp carve out, medical stop loss and WTC clean-up claims; claims for fraud, misrepresentation and rescission arising out of multiple reinsurance agreements, both treaty and facultative; requests for pre-hearing security; follow the fortunes; underwriting and rating of risks; disputes over audits and claims procedures; and the many and varied issues that arise in running-off books of business. His engagements have included extended arbitration proceedings between cedents and reinsurers, and between insurers and MGAs, Florida rate filing litigation, pursuit of common account recoveries, coverage under the Florida Birth-Related Neurological Compensation Act, actuarial analysis of reserves for long tail claims and disputes over the underwriting and pricing of working layer and excess workers’ compensation for self-insured groups and captive business.
Mr. Monsees also represents employers in a broad array of employment issues. His employment practice includes conducting internal investigations of discrimination, harassment and retaliation claims, drafting and enforcing confidentiality and non-competition agreements, investigating data breach incidents, counseling employers concerning hiring, disciplinary action and termination decisions and a variety of other human relations/resources concerns. When resolution cannot be achieved, Mr. Monsees has litigated employment disputes in federal and state courts and before the EEOC and comparable state employment agencies consistent with the company’s business goals and objectives.
Representative Litigation Experience
Representative Health Care Experience
Mr. Monsees was instrumental in developing and leading the firm’s litigation training program and has served as a counseling partner to the firm for several years. He is also a regular contributor to the Foley Legal News: Employment Law Update.
In recognition of his experience, Mr. Monsees has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system. He has also been selected for inclusion in the 2014 - 2017 Washington, D.C. Super Lawyers® lists.
Mr. Monsees graduated from Lafayette College (B.A., government and law, 1978) and Catholic University, Columbus School of Law (J.D., 1982), where he served as an associate editor of the Catholic University Law Review.
Admissions and Professional Memberships
Mr. Monsees is admitted to practice law in Maryland and the District of Columbia, as well as several federal trial and appellate courts. Mr. Monsees participated for many years as a master in the Thurgood Marshall Inn of Court.
Mr. Monsees has been active in community organizations, including serving as an officer and member of the Executive Committee and Board of Trustees of the National Children’s Museum.