Skip to main content

Paul M. Huston

Member

[email protected]

+1.858.314.1549

Share:

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)
Read less

viewpoints

The cities of Los Angeles, San Francisco, and San Jose have each adopted paid sick leave measures to assist workers not covered by the federal Families First Coronavirus Response Act during the COVID-19 crisis.
Read more
Late Thursday evening California Governor Gavin Newsom issued Executive Order N-33-20 (the “Order”), which directs all California residents to stay home in light of the developing COVID-19 public health crisis. The Order states that except as necessary to continue the operations of businesses in the 16 “Critical Infrastructure” industries, all residents should leave their residence only as necessary for food or medical needs.
Read more
As part of the continuing effort to respond to the COVID-19 pandemic, Governor Newsom has issued an Executive Order temporarily modifying the California WARN Act requirements for employers engaging in mass layoffs.
Read more
Judge Kimberly Mueller of the District Court for the Eastern District of California today granted Plaintiffs’ motion for a preliminary injunction against AB 51. Judge Mueller indicated in her order that she would issue a detailed ruling explaining her decision at a later date, but for now, the State of California is prohibited from enforcing California’s ban on the arbitration of employment claims. Stay tuned for a more detailed analysis following Judge Mueller’s upcoming written decision.
Read more
In a significant victory for California employers who use arbitration agreements, the California Supreme Court ruled (ZB, N.A. et al. v. Superior Court of San Diego County, S246711 (September 12, 2019)) that the recovery of underpaid wages was not a civil penalty recoverable under the Private Attorney General Act, Labor Code section 2699 et seq. (“PAGA”), and that claims seeking such recovery were indeed subject to individual arbitration in accordance with Iskanian v. CLS Transportation Los Angeles LLC (2014) 59 Cal.4th 348.
Read more

The Bubbler - February 2019

February 19, 2019 | Blog | By Paul Huston

January ushered in many new developments across many employment law compliance categories. We hope this summary will help you keep track of the changes most relevant for you.
Read more

The Bubbler – September 2018

September 12, 2018 | Blog | By Paul Huston

Welcome to this month’s edition of the Bubbler! Now that fall is fast approaching we’re refreshing your memory of some key recent developments as we head into the new season:
Read more
California Governor Jerry Brown recently signed into law A.B. 2770, creating new protections for employers, witnesses, and complainants from defamation lawsuits related to making, assisting, or discussing good-faith sexual harassment claims and investigations.
Read more

The Bubbler - May 2018

May 7, 2018 | Blog | By Paul Huston

The California Supreme Court issued an important decision this week addressing the test for whether a worker is an independent contractor or an employee.  The U.S. Supreme Court declined to review a Seventh Circuit decision upholding an employer’s rule that a months-long leave of absence was not a reasonable accommodation.
Read more
The Ninth Circuit Court of Appeals issued an important decision last week in Rizo v. Yovino, holding that an employer may not use an employee’s prior salary history to justify gender pay disparity under the federal Equal Pay Act. Aileen Rizo was hired as a school teacher in Fresno County in 2009.
Read more
Read less

News & Press

News Thumbnail
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.
Press Release Thumbnail
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©.
Press Release Thumbnail
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.
News Thumbnail
Mintz attorneys Mitch Danzig, Jennifer Rubin, and Paul Huston co-authored a Law360 expert analysis article examining the recent Executive Order issued by President Biden aimed at non-compete agreements and how the Federal Trade Commission (FTC)'s interpretation of the order could impact employers nationwide.
News Thumbnail
Mintz Associate Paul M. Huston authored an expert analysis article published by Law360’s Employment Authority that examined the issue of whether an employer may discipline an employee for off-duty conduct, and to what extent, specifically in the context of the Capitol riot and COVID-19 pandemic.
Press Release Thumbnail
On August 26, the Delaware Chancery Court granted partial summary judgement in favor of Alphatec Holdings, Inc. (Alphatec), a medical device company dedicated to revolutionizing the approach to spine surgery, and its Chairman and Chief Executive Officer, Patrick Miles, in litigation brought against Mr. Miles and Alphatec by competitor, NuVasive, Inc. based on any claims that Mr. Miles breached the non-competition and employee non-solicitation provisions in his employment agreement with NuVasive.

Banning the Box

May 29, 2018

This feature article discusses a California state law aiming to help those with a criminal record secure employment opportunities by changing how companies vet employment applications. Mintz’s Paul Huston is quoted in the piece discussing what employers need to know to avoid legal complications.
A team of Mintz attorneys – Member Dan Pascucci and Associate Paul Huston – authored this column discussing how the landscape surrounding microtransactions in video games continues to evolve at a pace outstripping the law’s ability to keep up.
Read less

Events & Speaking

Speaker
Speaker
Jun
15
2023
Event Reference Image
Speaker
Speaker
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

Seminar Reference Image
Speaker
Read less

Recognition & Awards

  • Best Lawyers in America Ones to Watch - Litigation - Labor and Employment (2020-2024); Labor and Employment Law - Management (2023 - 2024)

Read less