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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

California Governor Gavin Newsom just signed AB 51 into law, which means that effective January 1, 2020, employers will (purportedly) be prohibited from requiring employees to consent to mandatory arbitration of employment claims. Here is what your business needs to do now:
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Read about developments related to and instigated by the two-year-old #MeToo movement, including state laws addressing sexual harassment and banning employer requests for an applicant’s salary history.
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This week, Law360 published an article by our colleague and thought leader Jen Rubin that reflects on progress toward gender parity arising out of the #MeToo movement.
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Read about the AB 5, a bill passed by the California legislature that effectively bans nearly all categories of independent contractors, not just gig economy workers.
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Free Speech in the Workplace

August 27, 2018 | Video | By Jennifer Rubin

Jen Rubin explains that while a private employer can set its own rules regarding what an employee can and cannot say in the workplace, there are some restrictions on a private employer’s ability to take an adverse employment action against an employee based upon certain speech.
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Jen Rubin discusses the key things employees need to understand in the wake of the #MeToo movement including reasonable expectations for the handling of a complaint of harassment or other misconduct and any subsequent punishment.

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Post-Employment Restrictions

August 27, 2018 | Video | By Jennifer Rubin

Jen Rubin discusses the different types of post-employment restrictions, including non-competition agreements and non-solicitation agreements, as well as the need for employers to carefully consider what they are trying to protect before drafting and enforcing these policies. 
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Jen Rubin explains the need for employers to ensure that their interviewers are properly trained to avoid running afoul of state and municipal legislation regarding salary history as well as what a candidate should do if they are asked about their salary history in a jurisdiction in which such an inquiry is prohibited.
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Jen Rubin discusses the need for employers to comply with applicable state laws that govern how an individual is properly classified as an independent contractor and the associated penalties should an employer fail to do so.
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Jen Rubin takes a look at both the benefits and costs of employing arbitration as a mechanism to resolve employment disputes.
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News & Press

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ESG Co-chair Jennifer Rubin published an article in Directors & Boards on how directors can navigate DEI efforts among a rapidly evolving landscape. She argues that in order to provide solid strategic guidance to management, boards must first understand the legal framework and data related to the company's DEI efforts.

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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’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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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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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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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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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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