Current Employment Position(s)

Partner

Lawyer Overview

Paul R. Monsees is a litigation partner with Foley & Lardner LLP, and is a member of the firm's Insurance Industry Team as well as the Insurance and Reinsurance Litigation and Labor & Employment Practices. Mr. Monsees specializes in resolving complex commercial disputes and has represented clients in matters concerning various contract based claims, breaches of fiduciary duty, corporate and law firm successor liability, misappropriation of trade secrets including source code, breach of non-disclosure and non-solicitation agreements, breach of medical practice management contracts, tortious interference with contractual relations and other business torts and in defending private and government enforcement consumer protection actions.

Mr. Monsees's expertise in commercial business disputes includes extensive experience in handling reinsurance matters in litigation, arbitration and mediation proceedings, and he has negotiated strategic business solutions prior to and during such proceedings on behalf of cedents and reinsurers. He has represented clients in matters involving a wide range of issues and parties including reinsurance pools, offshore captives, brokers, MGAs and syndicates. Issues presented in these matters have included: claims for fraud, misrepresentation and rescission arising out of multiple reinsurance treaties covering numerous programs of business including workers comp carve out; requests for pre-hearing security; follow the fortunes; underwriting and rating of risks; disputes over audits and claims procedures; and numerous issues involved in run-off of books of business. His recent engagements include extended arbitration proceedings over the right or obligation to pursue common account recoveries, coverage under the Florida Birth-Related Neurological Compensation Act, claims for rescission and disputes over contract formation arising out of treaties written by the Unicover Pool and disputes over the underwriting and pricing of working layer and excess workers' compensation for self-insured groups and captive business.

Mr. Monsees also specializes in employment law representing employers in all manner of issues. His employment practice includes conducting internal investigations of discrimination and harassment claims, enforcing employment and non-competition agreements, counseling employees concerning hiring, disciplinary action and termination decisions and a variety of other human relations/resources concerns. When resolution cannot be achieved, Mr. Monsees litigates those and related employment disputes in federal and state courts and before the EEOC and comparable state employment agencies.

Mr. Monsees's litigation engagements have included:

• A $26 million arbitration award for specific and aggregate coverage against a reinsurance pool for lifetime medical care costs for neurologically impaired children;
• A $1.5 million arbitration award on behalf of a physician practice management company in a breach of contract, fraud and conspiracy action;
• A jury verdict in successful defense of employment claims by a former museum executive director;
• A plaintiff's jury verdict for breach of contract and misrepresentation arising out of the sale of a service contracting business and a related employment agreement;
• An arbitration award of $53 million in favor of a ceding company against a defaulting reinsurer in a consolidated action involving 33 treaties covering working layer and high excess protection of several books of workers compensation business;
• The successful settlement of a multi-million dollar reinsurance dispute on behalf of a ceding company after obtaining an arbitration Panel order for the reinsurer to post $13+ million in pre-hearing security;
• Obtaining summary judgment for a defendant law firm in a $2+ million breach of lease litigation arising out of a successor liability claim;
• A judgment for the defendant employer in a federal court sexual harassment trial; and
• The successful appellate challenge on behalf of an oil pipeline company of a $70+ million tax assessment/classification of real and personal property and related testimony to defeat proposed legislation seeking to set aside the court award.

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. He is admitted to practice law in Maryland and the District of Columbia, as well as several federal courts. Mr. Monsees has participated for many years as a master in the Thurgood Marshall Inn of Court. He has been active in community organizations including serving on the Board of Trustees of the National Children's Museum, as well as on several board committees. Mr. Monsees was also instrumental in developing and leading the firm's litigation training program and has served as a counselor to the firm for several years.

Areas of Practice

• General Commercial Litigation
• Insurance & Reinsurance Litigation
• Labor & Employment
• Insurance

Bar Admissions

• Maryland, 1983
• District of Columbia, 1982

Professional Associations and Memberships

• The D.C. Bar (Member)
• Maryland State Bar Association, Inc. (Member)
• American Bar Association

Honors and Awards

• Law Clerk, Hon. Donald S. Smith, Supr. Ct. of the D.C., 1982-1983

Education

• Catholic University of America, Columbus School of Law, Washington, District of Columbia, 1982
  J.D.
  
  Law Review: Catholic University Law Review, Associate Editor, 1981 - 1982
• Lafayette College, Easton, Pennsylvania, 1978
  B.A.
  Major: Government and Law

Address

3000 K Street, N.W.
Suite 600
Washington, DC 20007

Phones

(202) 672-5342

Faxes

(202) 672-5399

Emails

Contact Us

Websites

http://www.foley.com