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Paul M. Huston

Member

[email protected]

+1.858.314.1549

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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 noncompete claims against Filipino workers in California and ultimately a published decision stating there is no “trade secret exception” to the ban on noncompetes 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 startup, 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)
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viewpoints

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.
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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.
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New Guidance on the Equal Pay Act

April 24, 2018 | Blog | By Paul Huston

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.
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The Bubbler - April 2018

April 11, 2018 | Blog | By Paul Huston

Lots to talk about in the Labor & Employment world!  The Massachusetts Pregnant Workers Fairness Act went into effect on April 1, 2018, imposing stricter non-discrimination rules on employers of pregnant workers.
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Just six months after California modified its regulations concerning past criminal convictions for applicants, California has taken the additional step of modifying the Fair Employment and Housing Act (“FEHA”) to expressly prohibit employers from inquiring about an applicant’s criminal history prior to a conditional offer of employment.
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podcasts

Explore how employers can protect trade secrets in an AI-driven workplace. In this Mintz On Air episode, Jen Rubin and Paul Huston discuss practical safeguards, AI risks, and accountability challenges, plus strategies for balancing innovation with security.

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Member Jen Rubin is joined by Member Paul Huston in a conversation on performance evaluations, covering their importance, best practices, and legal significance.

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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.

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Recognition & Awards

  • Best Lawyers in America: Ones to Watch – Litigation: Labor and Employment (2020 – 2025); Labor and Employment Law: Management (2023 – 2025)

  • Lawdragon: Litigation, Mobility (2026)

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