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Jennifer B. Rubin

Member

[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

It turns out the answer to this question depends on the reason for the move and whether California law applies to the contract. We all know that California is finicky when it comes to non-competes – so much so that generally speaking, non-competes aren’t valid in California.
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A recent Circuit Court case confirms that the term “non-inducement” means just that.
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The divorce metaphor bears fruit yet again when it comes to the employment relationship. To this mix I add the concept of “no fault” divorce and the reasons employment ends.
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As ubiquitous as limited liability company interests may be these days, litigants are still arguing over whether the sale of LLC membership units is like the sale of stock.  When a stock sale takes place, the new owners of the stock simply fill the shoes of the old stockholders.
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Who gets what in a break-up? I’ve addressed the employment break-up and the metaphorical marriage contract in my corporate divorce series, but what about the distribution of property when employment ends?
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Welcome to the latest installment in my corporate divorce series. In my last article I gave some practical advice about how to handle an unexpected firing – a corporate break-up.
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As of July 1, 2015, any employer with employees in California must comply with the state’s new Paid Sick Leave Law (AB 1522). Below is a brief summary of what this change will mean to employers:
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The “employee choice” doctrine is one of those employment terms that is as misunderstood as “right to work,” “employment at will” and my personal favorite, “labor lawyer”.  But a recent New York Federal court in IBM v Smadi, spelled it out pretty clearly: the employee choice doctrine is alive and well and has just a few simple components.
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When it comes to California non-competes, you can never get enough clarity.  And when that clarity comes from a Delaware Chancery Court, it adds a utility element that our corporate brethren appreciate.
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Those of you reading our Employee Mobility blog posts are familiar with California’s unique approach to non-compete agreements: they are, except in a few limited circumstances, unenforceable in the Golden State.
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News & Press

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Influential Women

February 27, 2019|

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.
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podcasts

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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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Moderator
Jan
31
2025

DEI & Affirmative Action - A Challenge with Consequences

7th Annual All Day MCLE La-LAW-palooza

San Diego

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Panelist
Nov
22
2024

Bridging the Gap Between Sponsorship and Mentorship

ALFDP Annual Conference

Los Angeles, CA

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Panelist
Oct
10
2023
Speaker
Jun
15
2023
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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

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Speaker
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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Panelist
Jun
23
2021

What’s New in ESG?

Corporate Director's Forum

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Panelist
May
27
2021

Onboarding Diversity & Inclusion

ACC New York City

Webinar

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Panelist
Nov
21
2019

The National Convention on Board Diversity

2020 Women on Boards

San Diego, CA

Speaker
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

Speaker
Feb
25
2016
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

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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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