Paul is an accomplished employment litigator and counselor. Representing clients from around the world, he has developed a particular expertise in employee mobility issues, including disputes relating to trade secrets, unfair competition, and restrictive covenants. Paul’s work has created new case law clarifying the enforceability of restrictive covenants, particularly against individuals working for California employers.
Paul represents both employers and executives in a broad spectrum of employment disputes, including matters involving breach of contract, sexual harassment, disability discrimination, and Equal Pay Act claims. Paul also has significant experience litigating large wage and hour class actions and PAGA representative actions. His practice encompasses all stages of administrative, trial court, and appellate litigation.
In addition to representing clients in litigation and before administrative agencies, Paul counsels clients on pre-litigation matters and risk mitigation, partnering with them to create and implement compliance best practices that best align with the organization’s business needs and HR strategies. He has significant experience in contract formation, independent contractor agreements, executive employment agreements, arbitration agreements, and class action waivers.
Experience
- Representing an international energy company, Paul crafted briefs that resulted in the dismissal of federal non-compete claims against Filipino workers in California and ultimately a published decision stating there is no “trade secret exception” to the ban on non-competes in California. (Northern District of California)
- After a two-week jury trial, Paul and the defense trial team obtained a full defense jury verdict in a defamation suit brought by a former employee against a third-party defendant whose statements to the employer allegedly resulted in the employee’s termination. (San Diego Superior Court)
- Representing an executive and the executive’s new employer, Paul and the Mintz team successfully obtained summary judgment on non-competition claims, creating new published case law relating to the enforceability of foreign choice of law clauses against California workers. (Chancery Court of Delaware)
- In a disability discrimination case, Paul and the Mintz defense team obtained terminating sanctions against a former employee, and subsequently an award of defendant’s attorneys’ fees, after discovering the employee’s intentional destruction of evidence during litigation and unsuccessful attempt to conceal the same. (Los Angeles Superior Court)
- In a suit by a former employer against its former executive and the executive’s new technology start-up, Paul and the Mintz defense team obtained dismissal of trade secret theft claims and successfully defeated related discovery motions. (Southern District of California)
- Representing an international medical company, Paul and the Mintz defense team obtained summary judgment against an employee’s federal age discrimination and breach of contract claims after the employee was terminated for poor performance and alleged that the employer had a policy requiring progressive discipline. (Central District of California)
- Negotiated various favorable settlements and broad liability releases while representing transportation companies during the yearslong “Port Trucking” litigation in Los Angeles, including after weeks-long trials before the Department of Fair Employment and Housing. (Los Angeles Superior Court)
- Representing a surgeon’s office, Paul worked with forensic experts to uncover evidence that led to the defense team negotiating a nothing-paid full dismissal of an employee’s frivolous harassment and retaliation claims after internal due diligence revealed the employee had apparently stolen company trade secrets. (San Diego Superior Court)
- Drafted the briefs that led to the dismissal of trade secret claims against a nationwide staffing agency for failure to accurately specify what protectable trade secrets had been allegedly taken. (Southern District of California)
viewpoints
Caveat Employer: An Employee’s Off-Duty Social Media Posts Can Constitute Workplace Harassment
September 16, 2024 | Blog | By Paul Huston, Kevin Kim
As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many. After a recent Ninth Circuit ruling, employers must be more vigilant than ever in monitoring and responding to employee social media postings, even when they are personal and “off duty.”
A New Chapter in California’s Ongoing PAGA is Lava Saga: PAGA Reform
July 3, 2024 | Blog | By Jennifer Rubin, Paul Huston, Kevin Kim
Major changes to PAGA are now official. Most importantly:
- Employees must have experienced each of the alleged violations to have standing to sue;
- Employers can correct inaccuracies on paystubs without penalty; and
- Employers who take specific steps to prevent Labor Code violations will be able to substantially reduce liability.
A New Dawn (Maybe) for California Employers: State and Business Groups Strike Deal on PAGA Reform
June 20, 2024 | Blog | By Jennifer Rubin, Paul Huston, Mike Flesuras
On June 18, 2024, Governor Newsom, in collaboration with legislative leaders, unveiled a landmark agreement to reform the Private Attorneys General Act (PAGA).
Some Harm is All it Takes – the Supreme Court Lowers the Bar For Title VII Discrimination Claims Involving Lateral Job Transfers.
April 22, 2024 | Blog | By Paul Huston, Delaney Busch
California’s Highest Court Revisits Statutory PAGA Standing: What the Ruling Means for California Employers
July 25, 2023 | Blog | By Jennifer Rubin, Paul Huston, Nicole Rivers, Mike Flesuras
Pay Range(r)s: A (Pocket) Field Guide to Pay Transparency
October 17, 2022 | Blog | By Paul Huston, Jennifer Rubin
California has now joined New York City and Colorado in requiring employers (for Golden State employers, of 15 or more) to publish “pay scales” in job postings. As with many things California, however, the new law (which becomes effective on January 1, 2023) regulates, but doesn’t guide. Pay transparency may be a worthy goal to effectuate parity, but employers face more questions than the new mandate answers. Mintz attorneys Paul Huston and Jen Rubin developed a field guide for pay “rangers” to help human resource professionals tackle this new law.
Cal/OSHA Revised Guidance Effective January 14, 2022
January 13, 2022 | Blog | By Nicole Rivers, Paul Huston, Jennifer Rubin
(Updated) A Comprehensive Breakdown of OSHA’s COVID-19 Vaccination Rule
January 12, 2022 | Blog | By Michael Arnold, Jennifer Rubin, David Barmak, Corbin Carter, Evan Piercey, Danielle Bereznay, Danielle Dillon, Nicole Rivers, Paul Huston, Emma Follansbee
Vaccinated or Not - California’s Indoor Mask Mandate Resumes
December 15, 2021 | Blog | By Paul Huston
9th Circuit Upholds California Bill Banning Mandatory Arbitration in Employment – Likely Headed for Supreme Court
September 22, 2021 | Blog | By Paul Huston
News & Press
Member Paul Huston was quoted by World IP Review in an article about how ATS Tree Services dropped its lawsuit against the FTC over the agency's controversial non-compete ban.
The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas
August 15, 2024
187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.
PAGA’s Reforms Aim to Deliver on Its Original Promise
July 17, 2024
PAGA Turns 20: An Employer Road Map For Managing Claims
January 16, 2024
ESG Co-chair Jennifer Rubin, Member Paul Huston, and Associate Kevin Kim co-authored an article published in Law360 examining the twenty-year history of the Private Attorneys General Act (PAGA) and its impactful role as a road map for managing claims.
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
Mintz Announces New Member Growth
December 16, 2022
We're thrilled to announce the addition of 17 new Members to Mintz. Along with seven attorneys recently elevated to membership in the firm, we’ve welcomed ten lateral Members in 2022. They add depth to our experience and capabilities in life sciences, health care, financial services, private equity, sports & entertainment, technology, and other sectors.
Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.
How FTC Could Regulate Noncompetes After Biden's Order
July 16, 2021
DC Riot Raises Employer Issue Of Off-Duty Acts In Pandemic
January 20, 2021
Mintz Achieves Favorable Judgement for Alphatec and Chairman and Chief Executive Officer in Noncompete Lawsuit
August 27, 2019
Banning the Box
May 29, 2018
podcasts
Mintz on Air: Practical Policies - Performance Evaluations: From Stellar to Subpar and Everything In Between
February 25, 2025 | Podcast | By Jennifer Rubin, Paul Huston
Member Jen Rubin is joined by Member Paul Huston in a conversation on performance evaluations, covering their importance, best practices, and legal significance.
Reinventing the Employment Relationship: A Moderated Discussion about the Future of Work
February 15, 2023 | Podcast | By Jennifer Rubin, Geri Haight, Paul Huston
The worldwide pandemic, focus on social justice, sharp political divisions, quiet quitting and the Great Resignation are all events that have impacted and altered employment relationships. At the same time the modern workplace is becoming dispersed, virtual and vocal, workplace regulation – the laws that form the structure of the traditional employment relationship – is becoming even more challenging for employers struggling to meet the challenges of the next generation of workers.
Events & Speaking
Safeguarding Your Company’s Secrets in a Global, Remote-First Era
ACC San Diego
Green Acre by Campus Point
Reinventing the Employment Relationship: A Moderated Discussion about the Future of Work
Lexology Masterclass
Virtual Masterclass
CRISIS in the C-Suite – A Playbook for In-House Counsel
Mintz, 3580 Carmel Mountain Road, Suite 300 San Diego, CA 92130
Recognition & Awards
Best Lawyers in America Ones to Watch - Litigation - Labor and Employment (2020-2025); Labor and Employment Law - Management (2023 - 2025)
Recent Insights
Mintz on Air: Practical Policies - Performance Evaluations: From Stellar to Subpar and Everything In Between
February 25, 2025| Podcast|
Member Paul Huston was quoted by World IP Review in an article about how ATS Tree Services dropped its lawsuit against the FTC over the agency's controversial non-compete ban.
