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Jennifer B. Rubin

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[email protected]

+1.858.314.1550

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Jen draws on over 35 years of experience crafting creative legal solutions to employment challenges. She advises technology, life sciences, financial services, publishing, professional services, and health care companies seeking regulatory, litigation, and compliance advice. She also represents corporate boards in governance matters and individual executives in employment-related matters. She has an active trial practice, and gives a broad range of advice to clients regarding wage and hour matters, trade secrets and mobility disputes, workplace investigations, and the resolution of conflicts arising from the employment relationship. While Jen is a zealous advocate in the courtroom, she relishes finding practical solutions for her clients as they navigate the manner in which the employment relationship impacts their business and personal lives. 

Jen previously served on the firm’s Policy Committee and is a current Co-chair of the firm’s ESG Practice Group, which leverages her experience advising organizations and corporate boards on diversity, social, and governance issues. In addition to being ranked by Chambers USA, she is listed with the Legal 500 and has an AV Preeminent ranking from Martindale-Hubbell. 

Jen is a long-time faculty member and advisor to The Honor Foundation, a nonprofit organization that assists Navy Seals and other armed services special operators transition from military service to the private sector. She serves on the executive committee of the board of directors of the USS Midway Museum and also chairs its governance committee. She is also a co-chair of the San Diego 50/50 Women on Boards Leadership Committee.

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.

Experience

  • Advises public and private company boards with respect to executive transition, complex employment matters, and governance-related issues.
  • Conducted multiple highly sensitive internal investigations relating to employee misconduct, alleged sexual harassment, and other compliance matters.
  • Obtained favorable arbitration award following hearing on a 10-count PAGA and wage and hour claims.
  • Obtained favorable arbitration award following hearing for executive for breach of employment contract and obtained legal fees from arbitrator and Delaware Chancery Court and sanctions against opposing party for raising frivolous defenses.
  • Obtained terminating sanctions against plaintiff asserting discrimination claims against nationally known retailer from a California Superior Court due to plaintiff’s discovery misconduct.
  • Represented multinational corporation in unique multi-party case relating to trade secrets and California’s SLAPP statute, resulting in successful outcome for client.
  • Drafts and negotiates complex equity, employment, and transaction arrangements for executives in connection with acquisitions, sales, and merger of selling and acquiring companies.
  • Negotiated significant reduction in proposed penalties in State of California against international technology company arising from contractor misclassification claims.
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viewpoints

Learn how to use AI meeting assistants responsibly. Explore privacy, consent, privilege, compliance, and litigation risks in workplace meetings.

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The California Legislature’s 2025–2026 session ended with workplace-related artificial intelligence or automated technology in its crosshairs. If Governor Newsom signs this suite of bills, California employers may face a number of new obligations relating to AI-driven surveillance tools, automated decision systems, and other emerging workplace technologies.

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Prepare for 2025 fiscal year-end SEC filings and 2026 shareholder meetings with Mintz’s insights on evolving disclosure requirements, AI and cybersecurity risks, climate reporting, proxy advisory updates, and FDA regulatory changes.

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In further support of California’s longstanding opposition to employee mobility restrictions, on October 13, 2025, Governor Gavin Newsom approved a measure targeting “Stay or Pay” contracts that seek employee financial repayment tied to employment terminations.  The final bill was originally intended to capture training repayment agreement provisions but bans broader stay or pay contracts.  Employers should carefully review the new law, eliminate any banned arrangements, and modify those that are exempted (but subject to the law’s strict exemption requirements).  We discuss the new law in more detail below. 

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As we previously reported, on September 19, 2025, the California legislature sent SB 7, the “No Robo Bosses Act” to Governor Newsom for signature. On October 13, 2025, Governor Newsome vetoed the Act, explaining in a press release that while he shared concerns about the use of AI by employers, the bill “proposes overly broad restrictions on how employers may use [automated decision systems] tools.” 

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On September 12, 2025, California lawmakers took a significant step forward in regulating the use of artificial intelligence (“AI”) in the workplace by passing SB 7, a bill aptly referred to as the “No Robo Bosses” Act.  If Governor Newsom signs the bill into law—a decision he must make by September 30, 2025—SB 7 would take effect on January 1, 2026 and would have an immediate impact on the use of AI in the workplace, including prohibiting employers from relying solely on AI to make decisions regarding employee discipline or termination.  Below, we highlight the most salient aspects of SB 7 and make some recommendations for employers going forward, if Governor Newsom signs the bill into law. 
 

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The U.S. Department of Justice issued a memorandum to all Federal Agencies providing guidance clarifying the application of Federal discrimination law to DEI programs and offering best practices for program compliance.  The memorandum, Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination (the “Guidance”), ostensibly focused on entities receiving federal funding, fleshes out what the Trump Administration meant when it referred to “illegal DEI” in a series of Executive Orders issued earlier this year, and is far more expansive than the guidance the EEOC/DOJ jointly issued back in March (which we discussed here).  While the DOJ confirmed that the Guidance is non-binding (e.g. the best practices it offers are not mandatory), employers, whether they do business with the federal government or not, should pay very close attention to its overall message. We summarize the guidance below. 

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This in-depth webinar examines DOJ’s enforcement priorities and topics such as recent False Claims Act settlements (which go beyond health care fraud), enforcement risks and best practices, and whistleblower risks and protections from an employment law perspective.

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Join Mintz attorneys Jen Rubin, Paul Huston, Kevin Kim, Evan Piercey, and Nikki Rivers for a timely and insightful webinar exploring the complex and often conflicting landscape of California employment law. Designed for employers navigating the challenges of employing individuals in California, this webinar will cover recent developments including multi-jurisdictional non-compete enforcement, the latest California employment law updates, evolving DEI mandates, and the growing tensions between federal and state regulations. We’ll also examine upcoming legislative changes, the expanding role of AI in the workplace, and new obligations under the California Privacy Protection Act. Whether you're based in California, have employees who are, or simply are impacted by its far-reaching legal standards, this webinar will equip you with the tools to stay compliant and competitive.

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The Trump Administration issued its latest Executive Order entitled Restoring Equality of Opportunity and Meritocracy (the “EO”) on April 23, 2025.  The EO focuses on “disparate impact” discrimination and is the latest in a string of orders impacting the workplace – the effects of which American workplaces are still digesting.

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News & Press

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Mintz has again earned top rankings in the 2026 edition of Legal 500 United States. The firm is ranked across 20 practice categories and boasts 82 recognized individual attorneys, including seven ranked as “Leading Partner,” one “Leading Associate,” and five “Next Generation Partner” designations.

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ESG Co-chair Jen Rubin, and Associates Danielle Dillon and Evan Piercey co-authored an article in Law360 on the US Court of Appeals for the Fifth Circuit's rejection of a challenge to Nasdaq's diversity rule.

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Influential Women

February 27, 2019|

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podcasts

Mintz On Air explores how AI is reshaping board composition, director skills, governance, succession planning, and corporate strategy.

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AI is changing the attorney-client relationship. Explore the risks, opportunities, and why human judgment remains essential.

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Mintz On Air explores AI in contract negotiations, covering drafting limits, legal risk, human judgment, trust, and best practices for counsel.

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Learn how honest feedback builds workplace trust. This Mintz On Air podcast shares tips on empathy, timing, curiosity, and growth-focused reviews.

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Mintz On Air examines AI prompt injection risks in hiring and the workplace, covering security threats, candidate manipulation, and safeguards.

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Hiring risks in the AI era: avoid vetting mistakes, stay FCRA compliant, and build smart, role-based screening to prevent fraud and reduce liability.

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HR and legal insights on AI in the workplace: why humans must stay in the loop, mitigate risk, and build trust through empathy, oversight, and culture.

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Explore how AI is reshaping litigation in this Mintz On Air podcast—covering court access, discovery, strategy, risk, and why human judgment still matters.

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Crisis Management in the first hours: Mintz On Air podcast explores investigations, privilege, press strategy, and leadership decisions when allegations arise.

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AI in the boardroom: how boards can use AI without surrendering judgment. A practical podcast on corporate governance, fiduciary duties, and AI risk.

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Events & Speaking

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Sep
9
2026

Hidden Risks of AI Notetaking in the Workplace

A Lexology Masterclass

Virtual Event

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Jun
2
2026
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Jan
31
2025

DEI & Affirmative Action - A Challenge with Consequences

7th Annual All Day MCLE La-LAW-palooza

San Diego

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Nov
22
2024

Bridging the Gap Between Sponsorship and Mentorship

ALFDP Annual Conference

Los Angeles, CA

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Oct
10
2023
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Jun
15
2023
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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

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Apr
6
2022

Telehealth Risk Management

Mintz

Online Event

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Moderator
Oct
27
2021

Legal ESG Summit

Legal ESG

Virtual Event

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Jun
23
2021

What’s New in ESG?

Corporate Director's Forum

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May
27
2021

Onboarding Diversity & Inclusion

ACC New York City

Webinar

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Nov
21
2019

The National Convention on Board Diversity

2020 Women on Boards

San Diego, CA

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Apr
30
2019
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Jan
10
2018

San Diego SHRM Law Day

San Diego Society for Human Resource Management

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

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Feb
25
2016
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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

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Aug
4
2015

Marriage Equality Seminar

Human Rights Campaign, the Tom Homann LGBT Law Association, and ThermoFisher

San Diego, CA

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Mar
26
2015
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Mar
18
2015

The 6th Annual San Diego Women in Leadership Symposium

California Diversity Council

7525 Torrey Santa Fe Road, San Diego, CA 92129

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Publications

Contributor, Lawsuits Unlikely to Derail Banks’ Board-Diversity Efforts, American Banker, (December 2021)

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Recognition & Awards

  • Lawdragon: Labor & Employment, Litigation (2026)

  • Chambers USA: California, Labor & Employment (2021 – 2026)

  • Mondaq: Thought Leadership Award Winner (Autumn 2025)

  • San Diego Super Lawyers: Employment Litigation – Defense (2023 – 2025)

  • Legal 500 United States: Recognized for Workplace and Employment Counseling (2022 – 2025)

  • Corporate Counsel Business Journal: 50 Women to Watch (2023)

  • BTI Consulting: Client Service All-Star (2022)

  • San Diego Business Journal: Women of Influence in Law (2021, 2023 – 2024)

  • National Law Review: Go-To Thought Leader (2020)

  • Martindale-Hubbell AV Preeminent

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