Monica S. Call

Partner

Monica Call is the Litigation Practice Group Leader for the West Region (Denver, Los Angeles, Salt Lake City, San Diego, and San Francisco offices). Her practice focuses on a wide variety of business litigation disputes, including commercial contract, business tort, antitrust and unfair competition, intellectual property, securities, professional liability, and corporate governance matters. She is a Salt Lake City-based partner in the firm’s Litigation Department and a member of the Business Litigation & Dispute Resolution Practice Group.

Monica has significant experience successfully representing clients in complex litigation in state and federal courts and in arbitration. She regularly litigates license agreement, trademark, and patent disputes and has also assisted clients with internal investigations. She has also successfully represented clients in employment disputes involving covenants not to compete and nondisclosure obligations.

Representative Experience*

Complex Commercial Litigation

  • Represented clients in federal and state courts and in arbitrations in cases concerning various types of contracts including disputes over partnership agreements, commercial lease agreements, purchase agreements, franchise agreements, license agreements, and vendor agreements. Succeeded in briefing and arguing motions that either disposed of claims or prompted favorable settlements.
  • Defended clients in business tort litigation including allegations of fraud, misrepresentation, breach of fiduciary duty, unfair competition, tortious interference, and RICO violations.
  • Represented clients in partnership and corporate control disputes.
  • Secured dismissal of claims against corporate executives in contract and business tort disputes in federal and state courts.

Intellectual Property

  • Represented clients in various intellectual property disputes including litigation over patents, license agreements, trademarks, and trade secrets.
  • Represented clients in bringing actions for unauthorized online sales.
  • Successfully defended against preliminary injunctions in federal and state courts.

Antitrust & Unfair Competition

  • Represented clients in state and federal courts in high-stakes litigation alleging violations of Sections 1 and 2 of Sherman Act and similar state statutes and unfair competition.
  • Represented clients in responding to government investigations involving claims of antitrust, consumer protection, and unfair competition.

Professional Liability

  • Defended a regional law firm and lawyer in legal malpractice actions. Obtained dismissal of all claims in the first action. After prevailing on several important summary judgment rulings, the second case settled on favorable terms.
  • Represented officers and directors in a breach of fiduciary duties case.

Internal Investigations

  • Conducted internal corporate investigations for public and nonprofit corporations concerning matters of state and federal law.

Securities Defense

  • Defended companies, officers, and directors in securities class action and shareholder derivative suits involving allegations of fraud in federal court. Obtained dismissals with prejudice.
  • Represented individuals and entities under investigation or subpoenaed by the Securities and Exchange Commission.

Employment

  • Represented corporations in disputes involving non-compete agreements and breach of non-disclosure obligations.
  • Succeeded in obtaining preliminary injunctions.

Other Litigation

  • Defended construction company against breach of contract allegations brought by a secured creditor of a subcontractor. Obtained dismissal of all claims in federal and state court cases and in AAA arbitration.
  • Defended a municipality against Section 1983 claims in federal court. Obtained dismissal of all claims and successfully defended the dismissal on appeal to the 10th Circuit.
  • Defended adoptive parents in a case brought by birthfather in federal court. Secured dismissal of all claims.

*Certain of these matters were handled prior to joining Foley.

Awards and Recognition

  • Included in The Best Lawyers in America® (currently: Commercial Litigation, Litigation – Intellectual Property) (2022)
  • Listed in Mountain States Super Lawyers® (Business Litigation, Intellectual Property Litigation, Professional Liability, Employment Litigation: Defense) (2013–2022)
  • Named by Mountain States Super Lawyers® as one of the Top 50 Women Lawyers (2014 & 2020)
  • Listed in Utah Business Legal Elite (Civil Litigation) (2015–2018, 2020)
  • Selected as Fellow by the Litigation Counsel of America (2014–present)
  • International Association of Defense Counsel Trial Academy, Stanford University (2011)
  • E. Randolph Williams Award for “Outstanding Pro Bono Service” (2005–2006)

Affiliations

  • Trustee, Legal Aid Society of Salt Lake (2019–present)
  • Mentor, YWCA Utah YWEmpowered Program (2018–2021)
  • President Elect and Volunteer, National Charity League, Salt Lake City Chapter (2021 – Present)
  • Co-Chair, Stanford Law School Salt Lake City Chapter, 2012–2021, Ex-Officio Member of Stanford Law School Board of Visitors
  • Trustee, Tracy Aviary Board of Trustees, 2008–2016, Chair of Governance Committee and Member of Executive Committee
  • Member, Trial Law Institute
  • Member, Diversity Law Institute
  • Member, Federal Bar Association
  • Member, Utah State Bar, Litigation Section
  • Member, Virginia State Bar

Presentations and Publications

  • Speaker, “Making it Count: Being the Only Woman in the Room,” YWCA Utah, Young Women’s Leadership Summit, Salt Lake City, Utah (March 6, 2020)
  • Speaker, “Strategies for Responding to Government Investigations and Enforcement Actions,” Seattle Chapter of the CFO Leadership Council, Seattle, Washington (May 17, 2018)
  • Speaker, “Lessons Learned from Opie Taylor, Walter White, and Cyndi Lauper: How the Recent Developments in the Attorney-Client Privilege and Work Product Doctrine Will Impact Your Practice,” Utah Summer Bar Convention, San Diego, California (July 7, 2016)