Jen draws on over 30 years of experience crafting legal solutions to employment challenges. Her clients include large and small businesses and executives. She advises technology, financial services, publishing, retail, professional services, and health care companies seeking regulatory, litigation, and compliance advice. Her employment practice includes counseling clients regarding wage and hour compliance and trial practice, with a focus on class actions, trade secrets and employment mobility disputes, and disputes arising from the employment relationship. While Jen is a zealous advocate in the courtroom, she relishes finding solutions for her clients as they navigate the manner in which the employment relationship impacts their business and personal lives.
Jen serves on the firm’s Policy Committee and leads the firm’s ESG Practice Group, which leverages her experience advising corporate boards on social and governance issues. In addition to being recognized by Chambers USA, and having an AV Preeminent ranking from Martindale-Hubbell, Jen was recognized as a 2022 Client Service All-Star by BTI Consulting.
Jen is committed to serving her community and currently acts as a faculty member and advisor to The Honor Foundation, a non-profit organization that assists Navy Seals and other armed services special operators transition from military service to the private sector. She is also Co-Chair of the San Diego 50/50 Women on Boards Leadership Committee. Jen also helped to launch San Diego’s Workplace Equity & Civility Initiative.
In addition to her law practice and leadership roles, Jen regularly speaks and writes about employment trends and industry-related information. She has been interviewed by numerous national publications such as The Wall Street Journal, The Washington Post, Bloomberg Law, Corporate Counsel, Law360, and American Banker.
viewpoints
California Answers (Some) Pay Transparency Questions
January 11, 2023 | Blog | By Jennifer Rubin, Kevin Kim
From the Edge - In the Boardroom: Session 5 - Employment Law
November 16, 2022 | Podcast | By Melanie Ruthrauff Levy, Stephen Osborn, Jennifer Rubin
In our fifth session, which focuses on employment law, the team is joined by Jen Rubin, a bicoastal Member in our Employment, Labor & Benefits Practice and Chair of our ESG Practice, to discuss best practices related to hiring an executive (hint: consensus is key), managing the executive at the board level, and how to (amicably) negotiate to terminate an executive.
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Pay Range(r)s: A (Pocket) Field Guide to Pay Transparency
October 17, 2022 | Blog | By Paul Huston, Jennifer Rubin
California Slated to Usher in New Era of Pay Transparency in 2023: What California Employers Need to Know
September 28, 2022 | Blog | By Mike Flesuras, Jennifer Rubin
Will ‘Dobbs’ Advice Erode the Attorney-Client Privilege?
August 31, 2022 | Blog | By Jennifer Rubin, Greer Clem
California Voters Will Decide PAGA’s Fate at the Ballot Box in 2024
August 10, 2022 | Blog | By Jennifer Rubin, Mike Flesuras
Managing State Law Risks of Employer-Sponsored Abortion-Related Travel Benefits Post-Dobbs
August 8, 2022 | Blog | By Greer Clem, Jennifer Rubin
What Public Comments on the SEC’s Proposed Climate-Related Rules Reveal—and the Impact They May Have on the Proposed Rules
July 20, 2022 | Blog | By Jacob Hupart, Megan Gates, William F. Weld, Doug Baumstein, Jennifer Rubin, Luke Haubenstock
This article provides a brief summary of the public comments submitted to the SEC regarding the Commission's proposed climate-related rules, and analyzes and summaries the key points the comments conveyed.
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Group Health Plans in the Crossfire: Facilitating Reproductive Choice in the Wake of Dobbs v. Jackson Women’s Health
June 26, 2022 | Blog | By Jennifer Rubin, Michelle Capezza, Corbin Carter, Michael Arnold
The Supreme Court Strikes a Blow to PAGA: What California Employers Need to Know
June 16, 2022 | Blog | By Mike Flesuras, Jennifer Rubin
News & Press
Member and Chair of Mintz’s ESG practice group, Jennifer B. Rubin spoke to The Wall Street Journal about Elon Musk's expectations for Twitter employees to "work long hours at high intensity" or to leave the company.
Will GCs Use Pay Transparency Laws For Candid Approach?
November 10, 2022
Member and Chair of Mintz’s ESG practice group, Jennifer B. Rubin spoke to Law360 Pulse about New York City's pay transparency law which recently came into effect and requires employers to disclose a pay range in job advertisements.
NYC Pay Disclosure Law, Aimed At Closing Wage Gaps, Takes Effect
November 1, 2022
Member and Chair of Mintz’s ESG practice group, Jennifer B. Rubin was quoted in a Reuters article on New York City's pay disclosure law and how it will become the largest U.S. locale to require most private employers to disclose salary ranges in job advertisements.
Will ‘Dobbs’ Advice Erode the Attorney-Client Privilege?
August 31, 2022
SNCJ Deep Dive: CA Takes Another Swing at Gender Pay Equity
August 22, 2022
A Road Map for Board Diversity Laws: Show or Tell
June 13, 2022
Board ESG Responsibilities: Who Should Be In Charge?
April 28, 2022
Legislative Deep Dive by State Net Capitol Journal
April 26, 2022
Five Mintz Attorneys Recognized as Client Service All-Stars by BTI
February 08, 2022
In-House Counsel’s Role in Bridging the Generation 'We' Gap
January 4, 2022
Mintz Member Jennifer Rubin authored an article published by Corporate Counsel exploring how a new generation of tech savvy, social justice-focused, and environmentally aware employee stakeholders are creating recruitment, retention, and other employment challenges. In the article, she wrote that corporate counsel can play a key role in managing and mitigating this human capital risk, not only in response to the growing environmental, social, and governance disclosure and regulation trends, but as part of the need to design future-proof legal frameworks for the workplace.
Lawsuits Unlikely To Derail Banks’ Board Diversity Efforts
December 15, 2021
In an article published by the American Banker, Mintz Member Jennifer Rubin offered insights into recent lawsuits challenging both board diversity rules recently adopted by the Nasdaq and the state of California.
Corporate Boards' Role In Workplace Vaccine Mandates
October 12, 2021
Mintz Member Jennifer B. Rubin authored a Law360 Expert Analysis article advocating the position that a Board of Directors may have an obligation from an ESG perspective to oversee workplace vaccination mandates in order to ensure the health and safety of its workforce.
COVID-19 Return-to-Work: Key Employer Considerations
September 15, 2021
Mintz Member Jennifer B. Rubin authored a Lexis Nexis Practical Guidance® Practice Note providing guidance to employers about returning employees to the physical workplace as well as advice concerning the adjustment of the workforce to key COVID-19 pandemic and post-pandemic workplace changes and challenges, including office safety, updating office policies, and workplace location, among others.
Carrot Or Stick: Exploring Pay Issues Created By Vax Policies
September 8, 2021
Mintz Member Jennifer B. Rubin was quoted extensively in an article published by Law360’s Employment Authority examining the wage and hour issues that may arise with vaccine mandates or incentives, such as extra paid time off and bonuses.
4 Tips For Handling Religious Objections To Vaccine Mandates
August 10, 2021
Mintz Member Jennifer B. Rubin was quoted in an article published by Law360’s Employment Authority that provided employers with tips on handling religious objections to COVID-19 vaccine mandates, including keeping vaccination discussions private, vaccine education, and more.
New Mask Mandates Cause Confusion
August 5, 2021
Mintz Member Jennifer B. Rubin was quoted in an article published by EHS Today to discuss the Centers for Disease Control and Prevention (CDC)’s new mask mandate, offering practical guidance regarding the changes, if any, employers might consider in response to the latest CDC guidance.
Mintz Member Jennifer B. Rubin was quoted in an article published by the Society for Human Resource Management’s HR Magazine to discuss California’s relaxation of COVID-19 guidelines and how employers can comply with local rules and ordinances to regulate workplace safety.
Mintz Member Jennifer B. Rubin was interviewed by KCBS Radio, providing guidance on how employers can navigate vaccine verification and considerations on how to implement vaccine policies in the workplace.
Mintz Member Jennifer B. Rubin was quoted extensively in an article published by Law360’s Employment Authority detailing what employers should know about trying to manage partially vaccinated workforces following the Centers for Disease Control and Prevention (CDC)’s recent guidance suggesting that most fully vaccinated individuals may discontinue certain safety measures, such as masking and social distancing. Throughout the article, Ms. Rubin offered considerations for employers verifying vaccination status including utilizing trained professionals, planning for proof of vaccination in lieu of CDC cards, and mitigating the high risk of bullying created by dividing the workplace into two populations.
Mintz Member Jennifer B. Rubin authored a Bloomberg Law Insights column that examined the legal implications of a pandemic-created nomadic workforce, which continues to create complexities for employers because of state and local wage-and-hour laws and other regulations. Ms. Rubin’s article explained how organizations can get a handle on where their employees are working and why they need to do so.
4 Wage And Hour Mistakes Even Smart Employers Make
April 19, 2021
Mintz Member Jennifer B. Rubin was quoted extensively in an article published by Law360’s Employment Authority that examined four wage and hour mistakes even smart employers make, especially in the midst of the coronavirus crisis, including not staying on top of employees’ remote work locations, job responsibilities, and more.
Law360's 2021 Employment Editorial Advisory Board
March 30, 2021
Mintz Member Jennifer B. Rubin was selected to participate in Law360’s 2021 Employment Editorial Advisory Board, which is a designated group of attorneys that provide feedback on the publication’s employment law news coverage and insights on how best to shape future coverage.
Arguments on California’s Corporate Board Gender Mandate
March 19, 2021
Mintz Member Jennifer B. Rubin authored a perspective column for the Daily Journal examining recent oral arguments before the U.S. Court of Appeals for the Ninth Circuit in Meland v. Padilla, one of two cases challenging Senate Bill 826, California’s groundbreaking gender parity law for public company boards.
Legal Risks of Employer-Sponsored Covid-19 Workplace Vaccination Clinics
February 12, 2021
Mintz Members Brian P. Dunphy, Joanne S. Hawana, and Jennifer B. Rubin co-authored a Bloomberg Law insights column examining potential legal liabilities for employers implementing Covid-19 workplace vaccination programs, explaining that immunity under the federal Public Readiness and Emergency Preparedness Act (PREP Act) is not absolute.
5 Pitfalls To Avoid When Dealing With Vaccine-Averse Workers
February 1, 2021
Mintz Member Jennifer B. Rubin was quoted extensively in an article published by Law360’s Employment Authority that examined five missteps employers might take when dealing with their unvaccinated workforce, such as being too glib about medical needs, basing job decisions on vaccine status, and segregating specific groups of workers, among others.
Regulating Big Tech Will Be Hard, and California Is Proving It
January 4, 2021
Mintz Member Jennifer B. Rubin was quoted in an article published by MarketWatch on expansive efforts to regulate big technology companies in California, specifically regarding the state’s new mandate on corporate board diversity.
Employer Vaccine Practices May Spur Bias, Consumer Claims
December 8, 2020
Mintz Member Jennifer B. Rubin authored an article published by Law360 that examined legal challenges employers face as they contemplate the impact of the coronavirus vaccine on the workforce, and how mandatory vaccination programs may create a workforce of immuno-haves, or those who have received the vaccination, and potentially expose employers to employment and consumer claims.
What You Need To Know About the Moderna and Pfizer Coronavirus Vaccines
November 19, 2020
In an article published by The Washington Post, Mintz Member Jennifer B. Rubin was quoted on the potential legal and political issues associated with employers mandating a COVID-19 vaccine once it’s approved by the U.S. Food and Drug Administration.
Mintz Salutes Veterans Through Pro Bono and Community Service
November 11, 2020
COVID-19 Vaccine Mandates at Work Promise Employer Headaches
November 4, 2020
Mintz Member Jennifer B. Rubin was quoted in an article published by Bloomberg Law on potential legal issues for employers that plan to impose a mandate that workers take the COVID-19 vaccine once it’s available.
Guidance for Complying With California’s New Board Diversity Mandate
October 15, 2020
Mintz Member Jennifer B. Rubin authored an article published by Bloomberg Law that provides guidance for California-based public companies to comply with the state’s mandate on corporate board diversity.
INSIGHT: How to Handle Employees Who Refuse Mandatory Vaccines
August 11, 2020
Mintz Member Jennifer B. Rubin authored a Bloomberg Law Insights column that provided legal considerations for employers that may implement a mandatory workplace vaccination program for the highly anticipated COVID-19 vaccine.
What Employers Should Know About Return-To-Work Surveys
June 22, 2020
Mintz Member Jennifer B. Rubin authored a Law360 expert analysis article that provided legal considerations for employers conducting employee surveys to help prepare for the return to the workplace.
Mintz Members Jennifer B. Rubin and Melissa Frayer co-authored an article published by Harvard Law School Forum on Corporate Governance that examined board responsibilities during the coronavirus pandemic and offered risk mitigation measures, such as designating a “Chief Covid Officer” to ensure corporate compliance with applicable health and welfare obligations and the resulting safety of employees and consumers.
In an article published by Bloomberg Law, Mintz Member Jennifer B. Rubin was quoted on legal considerations for businesses implementing employee pay cuts due to COVID-19.
Revise Policies to Facilitate Return to Work
April 23, 2020
Mintz Member Jennifer B. Rubin was quoted in an article published by Society for Human Resource Management (SHRM) highlighting how employers can prepare for their workforce’s return to the workplace now following the pandemic, including a potential chief COVID officer and acknowledgement of organization policies by employees prior to returning to the office.
In an “Expert Spotlight” column published by Wolters Kluwer, Mintz Member Jennifer B. Rubin offered tips for employers and employees to navigate privacy, mental health, and litigation risks that can arise from work-from-home arrangements necessitated by the COVID-19 pandemic.
Gender Mandate for Corporate Boards: A Year in Review
March 17, 2020
Mintz Member Jennifer B. Rubin authored an article published by the Daily Journal examining the impact of SB 826, California’s groundbreaking gender parity law for public company boards, which has now been in effect for its first full year.
Mintz Member Jennifer B. Rubin was quoted in a recent article published by The Wall Street Journal on an increase in employee requests for accommodations for symptoms related to mental illnesses covered by the Americans with Disabilities Act, as well as an increase in charges filed with the Equal Employment Opportunity Commission alleging discrimination based on mental-health conditions.
Uncertainty Surrounds California Arbitration Bill
January 24, 2020
In an article published by Society for Human Resource Management, Mintz Member Jennifer B. Rubin provided tips for employers as they navigate uncertainty surrounding AB 51, a California bill that restricts the use of employment arbitration agreements, which is temporarily blocked from going into effect.
Managing Diverse Board Personalities to Achieve Consensus
January 23, 2020
Mintz Member Jennifer B. Rubin authored an article published by Corporate Counsel that identified some of the diverse personalities that compose a corporate board and provided guidance on how to leverage those disparate personalities to achieve consensus.
INSIGHT: Easing Conflicts When Hiring in a Family Business
October 8, 2019
Mintz Member Jennifer B. Rubin authored an article published by Bloomberg Law Insights that outlines guidelines for hiring, lines of reporting, and noncompete terms of agreement in family-run companies and stresses the importance of documentation and process.
#MeToo Shows 2 Years Of Progress Toward Gender Parity
October 3, 2019
Mintz Member Jennifer B. Rubin authored an article published by Law360 that evaluated the impact of the #MeToo movement on the American workplace, as well as whether and how the movement has effectuated meaningful change, two years after its inception.
Mintz Member Jen Rubin explores how the perpetual search for a work-around to California’s prohibition on employee non-competes was stymied again when a California Superior Court refused to dismiss outright an intentional interference with contract claim based upon an allegedly illegal long-term employment contract.
Influential Women
February 27, 2019
Mintz Member Jen Rubin was selected among the 2019 San Diego Daily Transcript Influential Women. The article highlights Jen’s labor & employment practice and her community involvement – specifically serving as co-chair of the Lawyers Club of San Diego's Task Force on Sexual Harassment, her involvement on the steering committees of 2020 Women on Boards, and her role as a faculty member with The Honor Foundation.
California Mandates Female Representation on Public Company Boards
November 7, 2018
Jen Rubin authors this piece discussing California's new gender mandate law for female representation on public company boards - a first in the nation.
Mandating Female Representation on Boards
October 12, 2018
Member Jen Rubin authored this column discussing California Governor Brown’s signing into law the nation’s first gender diversity mandate for female representation on public company boards.
Managing your CEO’s social media habits
August 28, 2018
This column discusses where public companies should start in terms of conversations around the limits, guides and constraints on a CEO’s use of social media. Employment, Labor & Benefits Member Jen Rubin authored the piece.
Our CEO Is an Accused Harasser. Now What?
August 21, 2018
Employment, Labor & Benefits Member Jen Rubin authored this column discussing what companies should do if they find their CEO accused of harassment. Jen notes that this should include the involvement of the board, perhaps a heightened degree of confidentiality, and the organization’s choice of investigator to represent the organization or conduct the investigation, or both.
Expert Analysis - #MeToo Is Missing An Investigative Process
August 15, 2018
Employment, Labor and Benefits Member Jen Rubin authored this column focusing on the importance of and need to have a thorough investigation process in harassment situations in the workplace.
The San Diego Business Journal editorial team conducted this Q&A with Member Jen Rubin discussing a California Supreme Court ruling on how businesses classify independent contractors. In the piece, Jen discusses the far-reaching implications.
Bully Bosses: Legal Liability for Workplace Jerks
October 14, 2017
Jen Rubin is a Member in the Mintz San Diego office focused on employment law. She authored an article, focusing on the legal implications of bullying bosses in light the recent allegations involving Harvey Weinstein and his alleged treatment of women.
Jennifer Rubin, a Member of the San Diego office authored this piece about complaints made by employees alleging the violation of their constitutional freedoms by their employer.
Employee Microchipping in the Brave New Workplace World
August 16, 2017
Jennifer Rubin, a Member in the in firm’s San Diego office, authored an article in Corporate Counsel that discusses the practice of employee microchipping and addresses some of the questions employers should consider before instituting the technology.
Another Chapter in California’s PAGA Saga
August 15, 2017
Jennifer Rubin, a Member in the San Diego offices, authored this piece about two recently-issued appellate decisions impacting legally created class action-like lawsuits under the umbrella of the Private Attorneys’ General Act (PAGA) in California.
California Joins the Ban-the-Box Bandwagon
July 5, 2017
Jen Rubin, a Member in Mintz’s San Diego office, authored this piece about California’s new Ban the Box regulation. The piece notes that the regulation raises the bar employers must clear in order to inquire about past convictions when speaking with applicants and employees.
Jennifer Rubin and Cynthia Larose are among those interviewed in the second part of this series discussing the legality of employers’ monitoring data systems and employee digital activity, making sure that they comply with consent and other requirements when setting up programs.
Members Jennifer Rubin and Cynthia Larose are among those interviewed in this article discussing the legality of employers’ monitoring data systems and employee digital activity, making sure that they comply with consent and other requirements when setting up programs.
This column focuses on nine changes to the Labor Code under the state of California’s Fair Pay Act. Member Jen Rubin and attorney Audrey Nguyen, both San Diego-based Employment, Labor & Benefits attorneys, co-authored the article.
Mintz Attorney Jennifer Rubin Named Among 2017 Influential Women by San Diego Daily Transcript
February 22, 2017
Jennifer B. Rubin, a Member of the Employment, Labor and Benefits Practice at Mintz, has been named to the San Diego Daily Transcript’s 2017 list of Influential Women in San Diego. This honor recognizes “the most talented, innovative and hard-working women” in San Diego County.
Big Law Helps Veterans Transition to Civilian Life
November 11, 2016
Jennifer Rubin, an Employment, Labor & Benefits lawyer, is featured in this American Lawyer article on the efforts by large law firms to express their appreciation toward veterans by participating in pro bono programs providing legal services.
Jen Rubin, a Member in the Employment, Labor, and Benefits Section at Mintz, authored this piece about “acqui-hiring”, the process in which a business acquires another not for its products or services, but for its workforce.
Corporate Divorce Series: Do Fraudulent Credentials Annul Employment
January 14, 2016
Jen Rubin, an Employment, Labor, and Benefits Member, authored this piece about whether or not fraudulent resume credentials provide a basis for annulling an employment contract.
Limit Divisive Political Discussions
January 7, 2016
Member Jen Rubin is quoted in this SHRM article on the need to curb heated political discussions in the workplace, advising taking action “to avoid the implicit or explicit suggestion that voting choices or political leaning in one direction or another are expectations of continued employment.”
Mintz’s Jennifer Rubin Named Client Service All-Star by BTI Consulting
February 11, 2013
Events & Speaking
Speaker
Feb
9
2023
Reinventing the Employment Relationship: A Moderated Discussion about the Future of Work
Lexology Masterclass
Virtual Masterclass
Moderator
Nov
10
2022
CRISIS in the C-Suite – A Playbook for In-House Counsel
Mintz, 3580 Carmel Mountain Road, Suite 300 San Diego, CA 92130
Speaker
Moderator
Speaker
Faculty
Aug
10
2021
Legal, Ethical, and Practical Issues for Vaccine Credentials and Verification for Workplaces
Lawline
Online Event
Panelist
Speaker
Jun
17
2021
Panelist
Speaker
Jan
15
2021
Mandatory or Voluntary Workplace Vaccination – Guidance for Employers
This is an online event.
Speaker
Dec
9
2020
ESG 101: Social Impact Investing and Board and C-Suite Diversity & Inclusion as Value-Creation Vehicles
View the Webinar Recording
Speaker
Speaker
May
1
2020
Preparing for the New Workplace Paradigm: A Roadmap for Employers in the Time of COVID-19
View the Webinar Recording
Speaker
Mar
20
2020
COVID-19 and the Workplace: Guidance Regarding Employment and Benefits Issues Facing Employers Now
View the Webinar Recording
Speaker
Feb
12
2020
Politics, People & Passions: Managing Political Speech & Conflict inside (and outside) the Corporate Workplace
3580 Carmel Mountain Road | Suite 300 San Diego, CA 92130
Panelist
Speaker
Speaker
Speaker
Speaker
Panelist
Speaker
May
24
2017
Employment-based Immigration: Talent Acquisition, Retention & Compliance under a New Administration
Mintz Levin
San Diego, CA
Panelist
Nov
17
2016
Annual Equality Survey Luncheon
Lawyers Club of San Diego: Lawyers Club Equality and Action Committee
The US Grant Hotel, 326 Broadway, San Diego, California 92101
Panelist
Speaker
Speaker
Speaker
Jan
28
2016
Second Annual Employment Law Summit
The Princeton Club 14 West 43rd Street, New York, New York
Moderator
Dec
3
2015
2016 HRC Corporate Quality Index
Human Rights Campaign San Diego; Qualcomm
10155 Pacific Heights Blvd., Building AZ Multipurpose Room, San Diego, CA
Speaker
Aug
4
2015
Marriage Equality Seminar
Human Rights Campaign, the Tom Homann LGBT Law Association, and ThermoFisher
San Diego, CA
Speaker
Mar
26
2015
Intercare CFO Roundtable: Designing Effective Executive Compensation Practices
Hub International: Intercare
San Diego, CA
Speaker
Mar
18
2015
The 6th Annual San Diego Women in Leadership Symposium
California Diversity Council
7525 Torrey Santa Fe Road, San Diego, CA 92129
Speaker
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Perspectives
The Digital Dismissal Dilemma
January 26, 2023
The recent New York Times piece about the chaos arising from terminating remote workers highlights the difficulties employers face when laying off a distributed workforce of digital workers. Few employers are able to deliver the unwelcome ...
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To Compete or Not Compete? That is the (Proposed) Federal Question
January 5, 2023
Today's news about the Federal Trade Commission's proposal to ban or severely limit non-compete agreements simply moves what has long been a focus of state regulation to the Federal level. Many states (Massachusetts, Colorado and others) ...
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A Bad Boss Bonus?
October 28, 2022
Today's news about Twitter's sale and the tidying up of its executive suite highlights a little-discussed and poorly understood compensation practice: the retention bonus. A key feature in the mergers and acquisition context, these ...
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Publications
Contributor, Lawsuits Unlikely to Derail Banks’ Board-Diversity Efforts, American Banker, (December 2021)
Read lessRecognition & Awards
- Chambers USA: Labor & Employment - California
- BTI Consulting: Client Service All-Star (2022)
- Legal 500 United States: Workplace and Employment Counseling (2022)
- San Diego Business Journal: Women of Influence in Law (2021)
- National Law Review: Go-To Thought Leader (2020)
- Martindale-Hubbell AV Preeminent
