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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

Political Speech in the Workplace

April 6, 2020 | Video | By Jennifer Rubin

Jen Rubin reviews legal considerations regarding regulating political speech in the private workplace.
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Mandatory Arbitration in California

April 6, 2020 | Video | By Jennifer Rubin

Jen Rubin discusses that state of arbitration in California in light of the state law which took effect on January 1, 2020 banning mandatory arbitration and the ongoing lawsuit seeking to prevent the state from enforcing the new law. 
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What is AB 5?

April 6, 2020 | Video | By Jennifer Rubin

Jen Rubin reviews California’s AB 5 law which provides a new way to categorize independent contractors in the state. Jen explains that the law applies to all businesses and discusses the three categories of exemptions as well as the ABC test.  
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Best Practices for AB 5 Compliance

April 6, 2020 | Video | By Jennifer Rubin

Jen Rubin explains that business should review existing contracts to ensure that they have properly classified individuals under California’s AB 5 law and provides guidelines for addressing any potential issues.  
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Coronavirus Also Impacts Employee Mental Health

March 12, 2020 | Blog | By Jennifer Rubin

The CDC and other governmental agencies have been critical in guiding employers with recommended protocols for the physical health and safety of employees and other individuals in our workplaces. While an employee’s physical well-being is important, employers should not overlook the mental health issues impacting employees in connection with their response to the coronavirus pandemic in the workplace.
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After being in effect for a year, California’s groundbreaking gender parity law for public company boards, while under legal attack, has not (yet) been enjoined in a similar manner to other recent creative California regulatory initiatives (notably the law banning independent contractors in the state, part of which have now been enjoined by various courts, as well as California’s attempt to ban arbitration provisions, which has now been enjoined in its entirety). Given that the gender parity law has survived to date, a brief review of its status is in order.
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AB 5’s elimination of independent contracting as we know it in California will have significant legal consequences for businesses doing business in California. While we believe board directors will escape its reach, businesses with advisory boards should proceed with caution. Effective January 1, 2020, AB 5 will presume that every California worker is an employee unless the hiring entity establishes that the worker meets the three criteria of the so-called “ABC” test, or the worker satisfies one of the law’s exemptions.
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AB 5 - California’s New Independent Contractor Law

December 12, 2019 | Video | By Jennifer Rubin

Jen Rubin discusses what employers need to know about AB 5, California’s new law that goes into effect on January 1, 2020 and effectively bans nearly all categories of independent contractors in California, not just gig economy workers.
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The California Consumer Privacy Act – A Brief Guide for Covered Employers

October 29, 2019 | Blog | By Cynthia Larose, Jennifer Rubin

The California Consumer Privacy Act becomes effective on January 1, 2020 with an amendment that impacts California employers. Covered businesses should, of course, already be in the process of preparing CCPA privacy notices and disclosures. And while the amendment carves out some of the direct CCPA provisions applicable to California employers, employee data – and how it is handled – should also be on every covered employers’ to do list.
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News & Press

Press Release Thumbnail Mintz

BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.

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Influential Women

February 27, 2019|

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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’s Impact on the Attorney-Client Relationship

A Practical Policies Podcast

September 29, 2026 | Podcast | By Jennifer Rubin, Stephen Osborn

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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Mintz On Air: Practical Policies — Truth Telling Builds Trust

August 25, 2026 | Podcast | By Jennifer Rubin

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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Mintz On Air: Practical Policies — Taking Your Candidates to the Vet

July 29, 2026 | Podcast | By Jennifer Rubin, Joyce Dos Santos

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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Mintz On Air: Practical Policies — Take a Human to Work Day

July 14, 2026 | Podcast | By Jennifer Rubin, Corbin Carter

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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Mintz On Air: Practical Policies — Litigating in the AI Age

June 30, 2026 | Podcast | By Jennifer Rubin, Mathilda McGee-Tubb

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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Mintz On Air: Practical Policies — Crisis Management: A First Hours Focus

June 9, 2026 | Podcast | By Jennifer Rubin, Marc H. Axelbaum

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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Mintz On Air: Practical Policies — Real vs. Robot: Bots in the Boardroom

May 19, 2026 | Podcast | By Jennifer Rubin, Melanie Ruthrauff Levy

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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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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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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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

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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

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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