John's Bio

V. John Ella practices in all aspects of commercial litigation, employment law, and business law, with an emphasis on unfair competition disputes and defending employment claims, defamation claims, and Director and Officer (D&O) Insurance claims. He also advises businesses, employers, corporations, boards of directors, non-profits, high-level executives, physicians and other professionals in the areas of employment contracts, executive compensation, severance negotiations, non-competes, trade secrets, breach of duty-of-loyalty claims, tortious interference, drug testing law, privacy law, constitutional law, commission claims,  fraud, sexual harassment claims, employee handbooks and policies, employment and housing discrimination, ERISA litigation (including benefits claims, 510 retaliation claims, and 401(k) issues, severance disputes, failure to contribute claims, breach of fiduciary duty and actions by the U.S. DOL), public accommodations under Title III of the Americans with Disabilities Act and state law (both private actions and U.S. DOJ investigations), wage and hour compliance including defense of collective actions and DOL litigation under the FLSA, responding to OSHA citations, whistleblower and Sarbanes-Oxley claims, Board of Medical Practice and professional licensing issues, manufacturer sales representative contracts, appeals, trust litigation, and closely-held corporation and partnership disputes.  John is also available to serve as a private mediator and has performed several workplace investigations as a neutral investigator. He serves as an arbitrator for the American Arbitration Association. He has also served as an expert witness on the topic of employment law.

John has obtained successful verdicts in jury trials and court trials in federal and state district courts in Minnesota and Iowa, 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 or arbitrated non-compete disputes in Iowa, Florida, Alabama, Minnesota, North Carolina, North Dakota, New York, and Wisconsin.

John is the author of Executive Employment Law – A Handbook for Minnesota Executives published in 2018 by Mill City Press as well as 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. In addition, John is a recognized commentator on the topic of “Executive Law.” He has been quoted in dozens of newspaper and magazine articles regarding stock options, executive compensation, non-competes, restrictive covenants, and executive severance agreements, and John has lectured at several CLEs on the topic of Executive Law.

John 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 including the Wall Street Journal on the topic of municipal and local employment law ordinances.

John is certified by the Minnesota State Bar Association as a Labor and Employment Law Specialist. He served as a public member of the Minnesota Board of Medical Practice from 2010 to 2018 and as a member and Chair of the Minnesota State Board of Legal Certification. And he is currently a member of the Minnesota Board of Continuing Legal Education.

John was a Law Clerk for Judge Carol B. Amon, Eastern District of New York, from 1996 to 1997 and for Judge William E. Kalar, Ninth Judicial District of Minnesota from 1994 to 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. From 2016 to 2023 he was a shareholder with a Minneapolis business law firm. John has been listed as a Top 100 Minnesota Attorney by Super Lawyers, and he has been recognized in Best Lawyers and Minnesota Monthly’s Top Lawyers.  John joined Fafinski Mark & Johnson in 2023.

 

Tufts University, B.A. (1990)
University of Minnesota Law School, J.D. (1995) cum laude

Minnesota (1994)
U.S. District Court, District of Minnesota (1995)
U.S. District Court of Appeals, Eighth Circuit (1996)
U.S. Court of International Trade (1995)
U.S. Court of Veteran’s Appeals (1996)
Western District of Wisconsin (1999)
U.S. Supreme Court (2000)
State of New York (2005)
U.S. Court of Appeals for the Federal Circuit (2006)
Eastern District of Wisconsin (2007)
Iowa Supreme Court (2008)
Southern District of Iowa (2009)
Northern District of Iowa (2009)

American Arbitration Association (AAA)
Bureau of Mediation Services (BMS)
Board of Immigration Appeals (BIA)
Equal Employment Opportunity Commission (EEOC)
Iowa Civil Rights Commission (ICRC)
International Chamber of Commerce (ICC)
Mason City Civil Rights Commission
Merit Systems Protection Board
Minnesota Board of Medical Practice
Minnesota Board of Private Detectives
Minnesota Board of Marriage and Family Therapy
Minnesota Board of Chiropractic Examiners
Minnesota Board of Pharmacy
Minnesota Board of Podiatric Medicine
Minnesota Board of Nursing
Minnesota Board of Cosmetology
Minnesota Board of Realtors
Minnesota Board of Social Work
Minnesota Board of Peace Officer Standards and Training
Minnesota Professional Educator Licensing and Standards Board (PELSB)
Minnesota Board of School Administrators
Minnesota Office of Administrative Hearings (OAH)
Minnesota Emergency Medical Services Regulatory Board
American Registry of Radiologic Technologists (ARRT)
Minnesota Department of Employment and Economic Development (DEED)
Minnesota Department of Human Rights (MDHR)
Minnesota Department of Labor and Industry (DOLI)
Minnesota Department of Health
Minnesota Department of Human Services
Minnesota Department of Revenue
Minnesota Occupational Safety and Health Administration (MNOSHA)
National Association of Securities Dealers (NASD)
National Labor Relations Board (NLRB)
North Dakota Civil Rights Commission
University of Minnesota, Office of Conflict Resolution
U.S. Armed Services Board of Contract Appeals
U.S. Department of Housing and Urban Development (HUD)
U.S. Department of Labor
Wisconsin Division of Workforce Development
World International Property Organization (WIPO)

Federal Bar Association
American Bar Association
Association of the Bar of the United States Court of Appeals for the Eighth Circuit
Minnesota State Bar Association
Labor and Employment Law Section
Appellate Practice Section
Iowa State Bar Association
Hennepin County Bar Association

Logistics Companies and Freight Brokers
Sales Representatives and Distributors
Staffing Companies
Professional Services Firms
Financial Planning and Wealth Management
Insurance Brokers and Mortgage Brokers
Restaurants and Hotels
Retailers
Non-Profits
Home Health Care Agencies and Long Term Care Facilities
Manufacturers
Small, Medium-Sized, and Large Businesses of all Kinds

Spanish

“I am all in for zealous advocacy but I consider my job to be helping clients to resolve disputes and avoid protected litigation when appropriate. I enjoy learning about each client’s business and industry in order to better understand how to help the client get to where they want to be.”

John and his wife have a huge Anatolian Shepherd. They also have three sons, all of whom play basketball. John does not play basketball. He likes fly-fishing, grouse hunting, traveling in Latin America, SCUBA diving, cooking paella, and reading science fiction. He is also learning  gyotaku, the Japanese art of fish printing.

  • Chapter 36 – North Dakota, in Noncompete Agreements and Related Restrictive Covenants, © 2026 Practising Law Institute, edited by Russell Beck and Erika Hahn (March 2026)
  • “Employment Law considerations for Non-Employees in Minnesota, Including LLC Members, Founders, and Nonprofit Organization Members,” FMJ Thought Leadership (March 2026)
  • “Minnesota Court of Appeals Affirms Assessment of Costs by Minnesota Board of Nursing,” FMJ Thought Leadership (February 2026)
  • “Breaking Down the Big Beautiful Bill – What do Workers and Employers Need to Know?” FMJ Thought Leadership (July 2025)
  • Defamation and Reputation Protection – FMJ Law Podcast Episode 34 (July 2025)
  • “Minneapolis Adds New Protections for Height, Weight, Criminal Record or History, and Housing Status in Employment,” FMJ Thought Leadership (May 2025)
  • “Minnesota’s Uniform Public Expression Protection Act Applied in Dismissal of Defamation Case,” FMJ Thought Leadership (April 2025)
  • “More Minnesota Employment Law Changes: 2025 Legislative Session Update” FMJ Thought Leadership (June 2025)
  • “Defamation Claim by Nurse Anesthetist Knocked out of Federal Court for Lack of Malice, FMJ Thought Leadership (February 2025)
  • “Federal Worker Buyout – We’ll See How this Plays Out,” Minnesota Star Tribune (January 29, 2025)
  • “U.S. Supreme Court Clarifies Evidence Standard Under the Fair Labor Standards Act,” FMJ Thought Leadership (January 2025)
  • “Federal Judge in Minnesota Raises Public-Policy Concerns About the Scope of Non-Solicitation Agreements,” FMJ Thought Leadership (December 2024)
  • “Federal Court Vacates New Overtime Regulations,” FMJ Thought Leadership (November 2024)
  • “The New Rules Meant to Untangle Online Reviews from Fakery and Defamation,” Minnesota Star Tribune (September 9, 2024)
  • “Minnesota Businesses Should Tread Carefully When it Comes to Online Customer Reviews,” FMJ Thought Leadership (August 2024)
  • “Minnesota Legislature Bans Restrictive Covenants (So-Called ‘Shadow Non-Competes’),” FMJ Thought Leadership (August 2024)
  • “More Minnesota Employers are subject to Compliance with Employment Laws as Minimum Headcount Thresholds are Eliminated,” FMJ Thought Leadership (August 2o24)
  • “Minnesota Recognizes Claim for Negligent Selection of Independent Contractor,” FMJ Thought Leadership (July 2024)
  • “2024 Minnesota Legislature Makes Changes and Amendments to Earned Sick and Safe Time and the New Paid Leave Program,” FMJ Thought Leadership (June 2024)
  • “More Minnesota Employment Law Changes: 2024 Legislative Session Update,” FMJ Thought Leadership (June 2024)
  • “Amendments to the Minnesota Human Rights Act – What Businesses Need to Know,” FMJ Thought Leadership (June 2024)
  • “Chapter 6 – Employment” in Minnesota Business Forms Deskbook with eFormbook, 1st Edition, published June 12, 2024 by Minnesota CLE (J. Patrick Plunkett, ed.)
  • (Co-author with Natolie S. Hochausen) Independent Contractor Consulting Agreement – InFORMed Annotated Legal Document with eFormbook, Published May 20, 2024 by Minnesota CLE
  • (Co-author with Natolie S. Hochausen) Non-Solicitation and Confidentiality Agreement – InFORMed Annotated Legal Document with eFormbook” Published May 20, 2024 by Minnesota CLE
  • “Executive Compensation in Minnesota (and Beyond) – FMJ Law Podcast Episode 19 (April 2024)
  • “The Age of Defamation,” Star Tribune (January 24, 2024)
  • “On-Call Time May be Compensable Under Minnesota Law,” FMJ Thought Leadership (December 2023)
  • “Paid Leave Mandates Will be a Challenge,” Star Tribune (December 8, 2023)
  • “Minnesota Amends Deceptive Trade Practices Act to Include Unfair Competition,” FMJ Thought Leadership (November 2023)
  • “Ten Questions About Minnesota’s New Non-Compete Statute, Minnesota Section 181.988,” FMJ Thought Leadership (October 2023)
  • “Resolving Claims of Sexual Harassment Under New Federal and Minnesota Laws,” FMJ Thought Leadership (September 2023)
  • Minnesota Endorses Nonsolicitation Agreements,” Minnesota Bench & Bar (August 2023)
  • “Non-Competes Had to Go,” Star Tribune (June 12, 2023)
  • Summary Guide to Hiring an Employee with a Non-Compete Agreement (c) 2022
  • “The Open Courts Act and American Attitudes About Privacy,” Minnesota Lawyer (February 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
  • “Minnesota Employment Contracts,” Chapter Four of Representing the On-Going Business Deskbook, 3rd. Ed. (Minnesota CLE 2019) (Co-Author with Jeff Oberman)
  • “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)
  • Three Decades of DATWA,” Minnesota Bench & Bar (September 2017)
  • Minnesota Amends its Medical Practice Act,” Minnesota Lawyer (June 12, 2017)
  • Appendix 5, Pregnancy Accommodation and Non-Discrimination Handbook, (Minnesota CLE 2017)
  • Explaining Litigation Through Metaphor,” Minnesota Lawyer (February 7, 2017)
  • 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)
  • “Legal Quick Sheet – Selected Employment Law Ordinances from Around the Country,” (Minnesota CLE © 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)

  • “Employment Agreements” 2025 Business Forms Deskbook Seminar,” Minnesota CLE (September 2025)
  • 2025 Midwest Mashup (with MacKenzie Hertz), Upper Midwest Employment Law Institute, May 19, 2025
  • Litigating Defamation Cases – Law Practice On-Demand CLE, May 2025
  • “Controversial Speech in and Around the Workplace,” Minnesota State Bar Association Corporate Counsel Group, January 14, 2025
  • Employment Law and Business Compliance Seminar, Brainerd, MN, December 2, 2024
  • “Litigating Defamation Cases (2024 Edition),” Webinar Presentation with MyLawCLE and the Federal Bar Association, October 24, 2024
  • “A Handy Guide to Employee Handbooks,” Minnesota Society for Human Resource Management (MNSHRM) 2024 State Conference, October 15, 2024
  • “Minnesota Minutia,” American Payroll Association (Northstar Chapter), August 8, 2024
  • “New Salary Requirements for Exempt Employees – An Hour (or so) on Federal and State Wage and Hour Law”  Presented at the TCSHRM Legal Summit, July 31, 2024, Eagan, Minnesota
  • “Anatomy of an Employment Agreement,” Minnesota CLE, Upper Midwest Employment Law Institute, Webinar Series, July 30, 2024
  • “After Non-Competes: Using Non-Solicitation and Non-Disclosure Agreements to Protect your Company,” TCSHRM 2024 Spring Conference, May 10, 2024
  • “The Legal Fallout from Minnesota’s Non-Compete Ban,” Minnesota State Bar Association, March 20, 2024
  • “Minnesota HR and Employment Law Updates,” Twin Cities Society for Human Resources Management (TCSHRM), February 15, 2024
  • “Libel Law and the First Amendment in Wisconsin,” Half Moon Education, February 12, 2024
  • “Defamation in the Workplace and Defenses to Defamation Claims,” Minnesota CLE, December 15, 2023
  • “Defamation Claims in Minnesota after Maethner v. Someplace Safe and Johnson v Freborg,” Minnesota CLE, December 12, 2023
  • “2023 Legislative Updates” – Presentation for business leaders in Brainerd at Cragun’s Resort, along with Attorney Laura Hansen, November 16, 2023
  • “Non-Competes, Non-Solicits and Other Restrictive Covenants – How Proposed State and Federal Laws May Impact Advisory and Litigation Strategies,” Minnesota CLE – Upper Midwest Employment Law Institute, May 18 and 19, 2023
  • “Non-Competes and Trade Secrets” presented at The Complete Employment Lawyer, Minnesota CLE March 23, 2023
  • “Tortious Interference with Contracts, Business Relations and Economic Advantage: Proving and Defending Claims,” Strafford Webinars, November 8, 2022
  • “Hiring an Employee with a Non-Compete Agreement,” presented at Drafting, Negotiating and Enforcing Non-Competes and Other Restrictive Covenants, Minnesota CLE, September 20, 2022.
  • “Tortious Interference with Contracts, Business Relations, and Economic Advantage: Proving and Defending Claims,” Strafford Publications, Inc., November 4, 2021
  • “Drafting Employment Agreements” Minnesota CLE – Employment Law A to Z Series, October 21, 2021
  • “How to Comply with Drug and Alcohol Testing Laws” Minnesota CLE – Employment Law A to Z Series, October 13, 2021
  • “Employee Duty of Loyalty Litigation,” Federal Bar Association [Virtual] Labor & Employment Law Conference, February 26, 2021
  • “Tortious Interference with Contracts, Business Relations, and Economic Advantage: Proving and Defending Claims,” Strafford Webinars, October 27, 2020
  • “Wisconsin, North Dakota, South Dakota and Iowa – Important New Law Developments”, Minnesota CLE – Upper Midwest Employment Law Institute, September 16, 2020
  • “How to Resolve a Non-Compete Dispute,” Minnesota State SHRM Conference, Rochester, October 14, 2019
  • “Litigating a Breach of Duty of Loyalty Claim,” Minnesota State Bar Association, Duluth, Minnesota May 2, 2019
  • “Top Ten Employment Mistakes,” Minnesota State Bar Association – One Profession, Bemidji, Minnesota, March 22, 2019
  • “Legal Implications for a Drug-Free Workplace,” MRA Employment Law Update, Bloomington, March 14, 2019
  • “How to Resolve a Non-Compete Dispute,” Employment Law Panel hosted by Advent Talent Group, Minneapolis, February 26, 2019
  • “Executive Employment Law,” Hennepin County Law Library CLE Series, January 18, 2019
  • Employment Law A to Z: How to Comply with Drug and Alcohol Testing Laws,” Minnesota CLE Webinar, January 15, 2019
  • Bonus and Commission Plans – Careful Drafting Can Avoid Problems,” American Payroll Association, August 16, 2018
  • Advocacy Before the Board of Medical Practice, Board of Nursing, and Other Professional Licensing Boards,” Minnesota CLE Webinar,” July 24, 2018
  • Drug and Alcohol Testing in the Workplace – 12+ Traps for Employers,” Upper Midwest Employment Law Institute, May 28, 2108
  • Contracts: Anatomy of an Employment Agreement,” Minnesota CLE Webinar, April 17, 2018
  • Compliance with Local Employment Law Ordinances in 2018: Paid Sick Leave and More,” Hennepin County Bar Association – Corporate Counsel Section, January 18, 2018
  • What is an Employee’s Duty of Loyalty?,” Clearlaw Institute, October 18, 2017
  •  “DATWA Turns 30!,”, Hennepin County Bar Association, October 3, 2017
  • “Tough Employment Questions,” Minnesota CLE, September 13, 2017
  • “Drug and Alcohol Testing – Twelve Traps for Employers,” Upper Midwest Employment Law Institute, May 23, 2017
  • Tortious Interference – The Elastic Tort, Clearlaw Institute, February 28, 2017
  • “You’re Hired! Anatomy of an Employment Agreement,” at Vital Business Contracts – Practical Approaches to Commonly Used Forms and Contracts, Minnesota CLE, December 8, 2016
  • “Tortious Interference with Contracts, Business Relations and Economic Advantage: Proving and Defending Claims,” Strafford Webinars, November 8, 2016
  • “Trade Secrets – What Should You Know? What Should You Do?” Hennepin County Bar Association, November 1, 2016
  • “Protecting Data: General Requirements and Liability Exposure” at Data for Business Lawyers, Minnesota CLE, October 24, 2016
  • “The Law of Drug Testing in the Workplace – The Minnesota Model,” Annual Conference of Association for Addiction Professionals (NAADAC), October 9, 2016
  • “States with Unique Drug Testing Laws: What You Need to Know to Avoid Liability,” Webinar with Hire Image June 15, 2016
  • “Changing Leave Laws Across the Country – Both State and Local,” Upper Midwest Employment Law Institute, May 23, 2016
  • “You’re Hired! – Anatomy of an Employment Agreement,” Business Law Institute, Minnesota CLE, May 2, 2016
  • “Data is the Edge, When are we Over the Legal Cliff?”, LEHRN HR Tech Expo, April 28, 2016
  • 2016 National Symposium on Technology in Labor and Employment Law, American Bar Association, Washington, DC, April 8, 2016.
  • “Mandatory Paid Sick Leave at Your Doorstep,” MRA – The Employer’s Association, April 14, 2016.
  • Panelist at PACON – People Analytics Conference on Big Data and Employment Law, March 24, 2016.
  • “Multi-State Payroll Compliance,” American Payroll Association – Northstar Chapter, Feb. 11, 2016
  • “Employee Monitoring and Workplace Privacy – What Should you Monitor, What Shouldn’t you Monitor,” Southern Minnesota Area Human Resources Association, Jan. 21, 2016
  • “Compliance for Multi-State Employers,” Upper Midwest Employment Law Institute (St. Paul, MN, May 2015)
  • “50 State Non-Competes,” Minnesota CLE, Business Law Institute (Minneapolis, MN, May 2015)
  • “Workplace Privacy – What Can Employers Say and Do? What Must Employers Avoid?,” Upper Midwest Employment Law Institute (St. Paul, MN, May 2014)
  • “Privacy and Social Media in the Workplace,” Employment Law Beyond the Basics, Sterling Education Services, Inc. (Minneapolis, MN, May 2014)
  • Association of Corporate Counsel National Webinar (March 2014)
  • “ADA Compliance – Getting it Right,” Minnesota CLE (December 2013)
  • “Non-Competes – One Size Does Not Fit All 50 States,”  Jackson Lewis Half Day Employment Law Seminar (October 16, 2013)
  • “Midwest Madness – Varying Enforcement in the 5-State Region,” Upper Midwest Employment Law Institute, St. Paul, MN, (May 21, 2013)
  • “Protecting your Organization: An Advanced Course on Handbook and Policy Drafting,” Des Moines, IA (May 16, 2013)
  • “Privacy and Other Workplace Issues”, Sterling CLE, Minneapolis, MN (May 8, 2013)
  • “Workplace Defamation and Tortious Interference,” Upper Midwest Employment Law Institute (May 22, 2012)
  • “12 Tips for 2012,” Iowa Breakfast Series, Des Moines, Iowa (April 19, 2012)
  • “March Madness – Minnesota Marital Status Claims,” Minnesota State Bar Association (March 21, 2012)
  • “Drafting Bonus and Commission Plans and Litigating Wage Claims in Minnesota,” Hennepin County Bar Association (February 7, 2012)
  • “Linked in or Left Out? – The Collision of Social Media and Employment Law,” Jackson Lewis Breakfast Series, Des Moines, Iowa (April 14, 2011) and Cedar Rapids, Iowa (October 27, 2011)
  • “Employee Documentation, Discipline & Discharge, National Business Institute,” Eau Claire, Wisconsin (August 31, 2011)
  • “Midwest Madness – Employment Laws of Neighboring States,” Minnesota CLE – Midwest Employment Law Institute (May 23, 2011)
  • “Defamation and Tortious Interference Claims – Recent Developments” Hennepin County Bar Association (Feb. 1, 2011)
  • “Up in Smoke – Is Complying with Minnesota Drug Testing Laws a Pipe Dream?” Society of Human Resource Management (SHRM), Annual State Conference, Duluth, Minnesota (October 12, 2010)
  • “Legal Update for Recruiters,” U.S. Recruiting Network, National Conference (October 1, 2010)
  • “Linked in or Left Out? – The Collision of Social Media and Employment Law,” Jackson Lewis Breakfast Series (September 23, 2010)
  • “The Minneapolis EEOC Area Office – an Update on What is New at the EEOC Locally,” Upper Midwest Employment Law Institute (May 24, 2010)
  • “ERISA Litigation Update,” Hennepin County Bar Association (October 6, 2009)
  • “Midwest Madness – Highlights of Upper Midwest Employment Law Institute,” Minnesota CLE (August 19, 2009)
  • “Midwest Madness – Employment Laws of Neighboring States,” Minnesota CLE – Midwest Employment Law Institute (May 30, 2009)
  • “Common Law Fraud,” Minnesota CLE (May 1, 2009)
  • “Top Evidentiary Issues in Employment Law Litigation,” Hennepin County Bar Association, Section on Labor & Employment Law (December 2, 2008)
  • “Filing and Responding to Charges: Agency Insights and Hot Topics,” Minnesota CLE – Midwest Employment Law Institute (May 30, 2008)
  • “Employment Practices Liability Insurance: What Every Employment Lawyer Needs to Know,” Minnesota CLE (May 21, 2008)
  • “Blogging and Employment Law,” Minnesota CLE (April 15, 2008)
  • “DATWA Turns Twenty – A Look Back at Minnesota’s Drug and Alcohol Testing in the Workplace Act Twenty Years After Enactment,” Hennepin County Bar Association, Section on Labor & Employment Law (September 18, 2007)
  • “Age Discrimination Update,” Minnesota CLE – Midwest Employment Law Institute (May 30, 2007)
  • “Common Law Fraud,” Consumer Fraud and Deceptive Trade Practices Regulation in Minnesota, Minnesota CLE (May 9, 2007)
  • Planning Committee Member and Speaker on “Special Issues Involving Executives at Publicly Traded Companies” and “Noncompetes, Restrictive Covenants & Trade Secrets” at “Advanced Executive (and Key Employee) Law,” Minnesota CLE (February 7, 2007)
  • “The Lurking Menace of Duty of Loyalty Claims,” Hennepin County Bar Association, Section on Labor & Employment Law (November 15, 2005)
  • “Noncompete Agreements in the Great Lakes Region,” Lawyers Associated Worldwide – Great Lakes Sub Regional Meeting (March 10, 2006)
  • “Executive Law,” Business Law Institute, Minnesota CLE (April 19, 2005)
  • Program Chair, “Fraud, Misrepresentation and Deceptive Trade Practices”, and speaker, “Common Law Fraud,” Minnesota CLE (March 11, 2005)
  • “Law of the Executive,” Annual Midwest Employment Law Institute, Minnesota CLE (May 26, 2004)
  • Program Chair, “Fraud, Misrepresentation and Deceptive Trade Practices,” and speaker, “Common Law Fraud,” Minnesota CLE (August 15, 2002)
  • “The WARN Act,” Reductions in Force, Minnesota Institute of Legal Education (MILE) (February 14, 2002)
  • “Legal Writing Should Not Be A Crime,” Minnesota Institute of Legal Education (MILE) (October 20, 2000)
  • “Legal Issues Concerning Employee Stock Options,” Greater Minneapolis Chamber of Commerce (November 15, 2000)
  • “Opening and Closing Battles: Preemption, Removal, Remand and Fee Awards Under ERISA,” ERISA Litigation Institute, Minnesota Institute of Legal Education (MILE) (April 12, 2000)
  • “Trade Secrets 2000: An Introduction to Trade Secrets,” Non-competes and Confidentiality Agreements?” Trade Secrets — Protection from Industrial Espionage, (MILE) (January13, 2000)
  • “When is A Plan Under ‘Serious Consideration?’” ERISA Litigation Institute, Minnesota Institute of Legal Education (MILE) (February 25, 1999)
  • “An Overview of Trade Secrets, Confidentiality Agreements, and Covenants Not to Compete,” Minnesota Institute of Legal Education (MILE) (January 26, 1999)
  • “Non-Competes and Trade Secrets: Protecting Personnel & Ideas in a High-Tech Society,” National Practice Institute (M.P.I.) Law & Technology Show (September 1, 1998)
  • “Understanding the Nature of Trade Secrets,” Successful Trade Secret Protection and Enforcement Strategies, Minnesota Institute of Legal Education (MILE) (May 14, 1998)
  • “A Litigator Looks at Trade Secrets, Covenants Not to Compete and Confidentiality Agreements,” Trade Secrets, Minnesota Institute of Legal Education (MILE) (January 27, 1998)

News About John

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March 2026

Employment Law Considerations for Non-Employees in Minnesota, Including LLC Members, Founders, and Nonprofit Organization Members

Learn how Minnesota employment laws apply to founders, nonprofits, and business owners, and when to seek legal help. Read more

February 2026

Minnesota Court of Appeals Affirms Assessment of Costs by Minnesota Board of Nursing

Health Licensing Boards may be able to assess the cost of disciplinary proceedings as a condition of re-licensure. Read more

January 2026

Defamation: Minnesota Court of Appeals Clarifies When UPEPA (Minnesota’s Anti-SLAPP Law) Applies to Online Business Reviews

The MN Court of Appeals held that Minnesota’s Anti-SLAPP law does not automatically apply to defamation claims for on online business reviews. Read more

August 2025

John Ella Chosen for the Employment Law Power List

John has been honored among the top employment lawyers in Minnesota. Read more

August 2025

18 FMJ Attorneys Selected for the 2026 Best Lawyers and Ones to Watch Lists

Congratulations on this well-deserved honor! Read more

August 2025

John Ella and Nate Snyder to Speak at Minnesota Business Forms CLE

Learn more about this valuable live program on September 4, 2025 (replays on 9/16 and 9/29). Read more

July 2025

Breaking Down the “Big, Beautiful Bill” – What do Workers and Employers Need to Know?

John Ella looks at the employment law impact of the One Big, Beautiful Bill Act. Read more

July 2025

Defamation and Reputation Protection – FMJ Law Podcast Episode 34

Learn more about defamation in Minnesota, including the new Minnesota Uniform Public Expression Protection Act. Read more

July 2025

Minnesota Monthly Selects 11 FMJ Attorneys for the 2025 Top Lawyers List

Congratulations to these 11 attorneys across 9 practice areas! Read more

July 2025

FMJ Attorneys Named to the 2025 Super Lawyers and Rising Stars Lists!

Congratulations to these 12 attorneys, and thank you for another excellent year. Read more

June 2025

More Minnesota Employment Law Changes: 2025 Legislative Session Update

Learn about changes that include employee breaks, ESST, Paid Leave, and more. Read more

June 2025

Federal Court Tackles Definition of “Solicitation” Under Minnesota Employment Law, and Finds that the Devil is in the Details

The case provides some clarity for determining when a former employee has breached their non-solicitation obligations. Read more

June 2025

FMJ Selected for Multiple 2025 Chambers and Partners Rankings!

FMJ is ranked on the USA-Minnesota Corporate/M&A list and the USA-Nationwide Aviation Transactions list! Read more

May 2025

Minneapolis Adds New Protections for Height, Weight, Criminal Record or History, and Housing Status in Employment

The City of Minneapolis is now one of very few jurisdictions in the country that prohibit discrimination in these areas. Read more

April 2025

Minnesota Statute Banning PFAS or “FOREVER CHEMICALS” Survives Constitutional Challenge in Federal Court

As it stands now, Phase I of Minnesota's PFAS removal law is in full effect. Read more