Jen recently served on the firm’s Policy Committee and is Co-chair of the firm’s ESG Practice Group, which leverages her experience advising organizations and corporate boards on DEI, 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. In 2023, Corporate Counsel Business Journal named Jen to its national list of 50 Women to Watch.
Jen is committed to serving her community and currently acts as a faculty member and advisor to The Honor Foundation, a non-profit organization that assists Navy Seals and other armed services special operators transition from military service to the private sector. She is also a member of and Chairs the Governance Committee of the Board of Directors of the Midway Museum, and is 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
- 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.
- Advised public and private company boards with respect to executive transition issues.
- 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.
- Conducted multiple highly sensitive internal investigations relating to employee misconduct, alleged sexual harassment, and other compliance matters.
- Drafted and negotiated complex equity, employment, and transaction arrangements for executives in connection with acquisitions, sales, and merger of selling and acquiring companies.
- Defending a nationally known cannabis confection manufacturer in multiple class and PAGA cases in California Superior Court.
- Negotiated significant reduction in proposed penalties against international technology company arising from contractor misclassification claims.
- Guided an international media company in formulating and implementing pay transparency strategies; hosted monthly roundtable discussions aimed at troubleshooting and multi-jurisdictional compliance.
viewpoints
Will ‘Dobbs’ Advice Erode the Attorney-Client Privilege?
August 31, 2022 | Blog | By Jennifer Rubin, Greer Clem
Member and Chair of Mintz’s ESG practice group, Jennifer B. Rubin and Associate Greer Clem co-authored an article published by Corporate Counsel covering the crime-fraud exception to attorney-client privilege. The authors summarized, "An important and long-standing exception to the attorney-client privilege, the crime-fraud exception, bears examination in the post-Dobbs world. The crime-fraud exception divests attorney-client privilege of confidentiality when a lawyer’s advice facilitates a client’s crime...The crime-fraud exception to attorney-client privilege therefore merits attention for counsel, who should consider the potential areas of risk and some mechanisms to protect the confidentiality of these communications."
California Voters Will Decide PAGA’s Fate at the Ballot Box in 2024
August 10, 2022 | Blog | By Jennifer Rubin, Mike Flesuras
Earlier this year we wrote on the U.S. Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana that struck a major blow to California’s Private Attorneys General Act (“PAGA”). Now on the heels of the Viking River decision, California officials have announced that a proposed law to overhaul PAGA, called the California Fair Pay and Employer Accountability Act (“Act”), will be put on a referendum to the voters in November 2024. The Act proposes in large part to repeal PAGA, including PAGA’s mechanism that allows an employee to sue in civil court on the state’s behalf to enforce the California Labor Code and seek penalties for doing so. Mintz attorneys Jennifer Rubin and Mike Flesuras highlight why PAGA is under fire, what the Act would change, and some key takeaways for employers to combat PAGA lawsuits leading up to the 2024 ballot.
Managing State Law Risks of Employer-Sponsored Abortion-Related Travel Benefits Post-Dobbs
August 8, 2022 | Blog | By Greer Clem , Jennifer Rubin
In previous posts (available here and here) we reported on some of the legal consequences from Dobbs v. Jackson Women’s Health Organization on employer-sponsored group health plan coverage of abortion-related travel benefits. In this post, Mintz attorneys Alden Bianchi, Greer Clem, and Jen Rubin address the larger concern related to the legality of these benefits in the face of a burgeoning number of states seeking to extend their extra-territorial reach to bar or even criminalize individuals who provide abortion-related travel.
What Public Comments on the SEC’s Proposed Climate-Related Rules Reveal—and the Impact They May Have on the Proposed Rules
July 20, 2022 | Blog | By Jacob Hupart, Megan Gates, William F. Weld, Doug Baumstein, Jennifer Rubin, Will G. McKitterick
This article provides a brief summary of the public comments submitted to the SEC regarding the Commission's proposed climate-related rules, and analyzes and summaries the key points the comments conveyed.
Group Health Plans in the Crossfire: Facilitating Reproductive Choice in the Wake of Dobbs v. Jackson Women’s Health
June 26, 2022 | Blog | By Jennifer Rubin, Michelle Capezza, Corbin Carter, Michael Arnold
With the Supreme Court’s decision reversing Roe v. Wade, employers may find themselves navigating complex benefits and tax-related issues. Our Employment, Labor & Benefits team examines what employers will confront if they seek to amend group health plans, or adopt new plans, programs or arrangements, in an effort to facilitate employee reproductive choice in a post-Roe v. Wade environment.
The Supreme Court Strikes a Blow to PAGA: What California Employers Need to Know
June 16, 2022 | Blog | By Mike Flesuras, Jennifer Rubin
The U.S. Supreme Court has given businesses with California employees the option (at least for now) to avoid employee-initiated court proceedings under California’s Private Attorneys General Act (PAGA). The California-based members of Mintz’s Employment, Labor & Benefits team share what California employers need to know.
Show or Tell: A Road Map for Board Diversity Laws
June 13, 2022 | | By Jennifer Rubin
Jen Rubin, chair of Mintz’s ESG practice group, explains how two recent court decisions striking down California’s endeavor to diversify corporate boards is a perfect time to rethink—and possibly reframe—such efforts. The focus should be more on disclosure, and not mandates, and be transparent, she says.
Two Strikes Against Board Diversity: What’s Next for Statutory Governance Initiatives?
May 17, 2022 | Blog | By Jennifer Rubin
California's statutory governance initiatives were dealt another blow after both corporate governance diversity efforts — a female representation mandate and underrepresented community mandates — were struck down. Now that both statutes have been invalidated corporate boards and the stakeholders and communities those boards serve are asking what is next for statutory governance initiatives?
Who Should Be In Charge of Board ESG Responsibilities?
April 28, 2022 | Blog | By Jennifer Rubin, Jacob Hupart, Megan Gates
There is no “one size fits all” approach with respect to board responsibility for ESG oversight, say Mintz attorneys Megan Gates, Jacob Hupart, and Jen Rubin. Some may form a new committee, some may give the duties to an existing committee, or still others might have each board member assume all ESG responsibilities. In any case, they say, investors are raising the stakes on ESG matters.
News & Press
Member Jennifer Rubin was quoted by Corporate Counsel in an article about the challenges for in-house counsel when it comes to diffusing political divisiveness in the workplace as the presidential election race heats up.
Employers Banned From Pushing Politics Under Emerging State Laws
September 23, 2024
ESG Co-Chair Jennifer Rubin was quoted by Bloomberg Law in an article about emerging laws banning employers from holding mandatory workplace meetings that discuss political agendas.
PAGA’s Reforms Aim to Deliver on Its Original Promise
July 17, 2024
Mintz announced today that 42 of its practices and 83 of its attorneys earned recognition in the 2024 edition of Chambers USA, a guide to the country’s leading law firms. Of those included in the guide, 18 attorneys and seven practice areas were awarded Chambers’ highest ranking, Band 1. The firm obtained new listings in three practice areas and 10 of its lawyers were recognized for the first time.
Law360 published an article co-authored by ESG Co-chair Jen Rubin and General Counsel at ResMed, Mike Rider, on tips for counsel attempting to navigate the complex ESG political landscape.
50 Women to Watch: Jennifer Rubin
January 24, 2024
Corporate Counsel Business Journal recently featured Member Jen Rubin in an interview following her notable inclusion on its “50 Women to Watch” list. The prestigious list celebrates women who exemplify outstanding leadership qualities, business acumen, and a commitment to mentoring in their communities.
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.
Keeping Tabs On Fight Over Board Diversity Rule At 5th Circ.
November 8, 2023
ESG Co-chair Jen Rubin, and Associates Danielle Dillon and Evan Piercey co-authored an article in Law360 on the US Court of Appeals for the Fifth Circuit's rejection of a challenge to Nasdaq's diversity rule.
Leading DEI With Practicality And Purpose
August 31, 2023
Corporate counsel can reinvigorate their companies’ DEI commitments even amid concerns generated by the Supreme Court’s affirmative action decisions and the divisive political landscape. In an article published by Corporate Counsel, ESG Practice Co-Chair and Employment Member Jen Rubin and Chief DEI Officer Narges Kakalia explored how in-house attorneys can influence corporate DEI efforts.
SAN DIEGO – Mintz is pleased to congratulate Member Jen Rubin who has been named to the San Diego Business Journal Women of Influence in Law list. This prominent list honors the top women attorneys in the San Diego area who have made an impact on their clients, their profession, and their community.
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.
BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
SAN DIEGO – Mintz is pleased to announce that four attorneys have been named San Diego Super Lawyers and three have been recognized as Rising Stars in the 2023 edition of the annual publication.
Chair of Mintz’s ESG practice group, Jennifer B. Rubin and Associate Nicole Rivers co-authored an article published by Bloomberg Law about the National Labor Relations Board's McLaren Macomb decision and its proposed limits on non-disparagement and confidentiality. Jen and Nicole explain, "Employers should carefully consider who counts as a ‘supervisor’ when drafting non-disparagement and confidentiality clauses in separation agreements after the NLRB’s McLaren Macomb decision."
Some Companies Are Tying Executive Compensation To Hitting DE&I Goals, But Is It A Good Idea?
February 13, 2023
Chair of Mintz’s ESG practice group, Jennifer B. Rubin discussed with HR Brew the controversy surrounding companies which are tying executive compensation to DE&I goals and what the legal implications are.
Mintz’s Jennifer Rubin Named To USS Midway Museum Board Of Directors
January 31, 2023
SAN DIEGO - Mintz is pleased to announce that Member Jennifer B. Rubin has been named to the prestigious USS Midway Museum Board of Directors. The USS Midway opened as a museum in June 2004 and is the most popular naval warship museum in the United States.
Member and Chair of Mintz’s ESG practice group, Jennifer B. Rubin spoke to The Wall Street Journal about Elon Musk's expectations for Twitter employees to "work long hours at high intensity" or to leave the company.
Will GCs Use Pay Transparency Laws For Candid Approach?
November 10, 2022
Member and Chair of Mintz’s ESG practice group, Jennifer B. Rubin spoke to Law360 Pulse about New York City's pay transparency law which recently came into effect and requires employers to disclose a pay range in job advertisements.
NYC Pay Disclosure Law, Aimed At Closing Wage Gaps, Takes Effect
November 1, 2022
Member and Chair of Mintz’s ESG practice group, Jennifer B. Rubin was quoted in a Reuters article on New York City's pay disclosure law and how it will become the largest U.S. locale to require most private employers to disclose salary ranges in job advertisements.
Will ‘Dobbs’ Advice Erode the Attorney-Client Privilege?
August 31, 2022
Dobbs v. Jackson Women's Health Organization is leading to a reexamination of the crime-fraud exception, an important exception to the attorney-client privilege. Member and Chair of Mintz’s ESG practice group, Jennifer B. Rubin and Associate Greer Clem co-authored an article published by Corporate Counsel in which they discuss the long-standing exception.
SNCJ Deep Dive: CA Takes Another Swing at Gender Pay Equity
August 22, 2022
A Road Map for Board Diversity Laws: Show or Tell
June 13, 2022
Mintz Member and Chair of the firm's ESG practice group, Jennifer B. Rubin joined State Net Capitol Journal as a guest on The Legislative Deep Dive’s podcast to discuss the implications following the court's decision in California to overturn a ruling that mandated greater gender diversity in the corporate boardroom
Board ESG Responsibilities: Who Should Be In Charge?
April 28, 2022
Legislative Deep Dive by State Net Capitol Journal
April 26, 2022
Five Mintz Attorneys Recognized as Client Service All-Stars by BTI
February 08, 2022
In-House Counsel’s Role in Bridging the Generation 'We' Gap
January 4, 2022
Lawsuits Unlikely To Derail Banks’ Board Diversity Efforts
December 15, 2021
Corporate Boards' Role In Workplace Vaccine Mandates
October 12, 2021
COVID-19 Return-to-Work: Key Employer Considerations
September 15, 2021
Carrot Or Stick: Exploring Pay Issues Created By Vax Policies
September 8, 2021
4 Tips For Handling Religious Objections To Vaccine Mandates
August 10, 2021
New Mask Mandates Cause Confusion
August 5, 2021
4 Wage And Hour Mistakes Even Smart Employers Make
April 19, 2021
Law360's 2021 Employment Editorial Advisory Board
March 30, 2021
Arguments on California’s Corporate Board Gender Mandate
March 19, 2021
Legal Risks of Employer-Sponsored Covid-19 Workplace Vaccination Clinics
February 12, 2021
5 Pitfalls To Avoid When Dealing With Vaccine-Averse Workers
February 1, 2021
Regulating Big Tech Will Be Hard, and California Is Proving It
January 4, 2021
Employer Vaccine Practices May Spur Bias, Consumer Claims
December 8, 2020
What You Need To Know About the Moderna and Pfizer Coronavirus Vaccines
November 19, 2020
Mintz Salutes Veterans Through Pro Bono and Community Service
November 11, 2020
COVID-19 Vaccine Mandates at Work Promise Employer Headaches
November 4, 2020
Guidance for Complying With California’s New Board Diversity Mandate
October 15, 2020
INSIGHT: How to Handle Employees Who Refuse Mandatory Vaccines
August 11, 2020
What Employers Should Know About Return-To-Work Surveys
June 22, 2020
Revise Policies to Facilitate Return to Work
April 23, 2020
Gender Mandate for Corporate Boards: A Year in Review
March 17, 2020
Uncertainty Surrounds California Arbitration Bill
January 24, 2020
Managing Diverse Board Personalities to Achieve Consensus
January 23, 2020
INSIGHT: Easing Conflicts When Hiring in a Family Business
October 8, 2019
#MeToo Shows 2 Years Of Progress Toward Gender Parity
October 3, 2019
Influential Women
February 27, 2019
California Mandates Female Representation on Public Company Boards
November 7, 2018
Mandating Female Representation on Boards
October 12, 2018
Managing your CEO’s social media habits
August 28, 2018
Our CEO Is an Accused Harasser. Now What?
August 21, 2018
Expert Analysis - #MeToo Is Missing An Investigative Process
August 15, 2018
Bully Bosses: Legal Liability for Workplace Jerks
October 14, 2017
Employee Microchipping in the Brave New Workplace World
August 16, 2017
Another Chapter in California’s PAGA Saga
August 15, 2017
California Joins the Ban-the-Box Bandwagon
July 5, 2017
Mintz Attorney Jennifer Rubin Named Among 2017 Influential Women by San Diego Daily Transcript
February 22, 2017
Big Law Helps Veterans Transition to Civilian Life
November 11, 2016
Corporate Divorce Series: Do Fraudulent Credentials Annul Employment
January 14, 2016
Limit Divisive Political Discussions
January 7, 2016
Mintz’s Jennifer Rubin Named Client Service All-Star by BTI Consulting
February 11, 2013
Events & Speaking
The Board’s Role in a Heightened Regulatory Environment – Questions to Ask and Actions to Take
WCD San Diego
San Diego, CA
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
Legal, Ethical, and Practical Issues for Vaccine Credentials and Verification for Workplaces
Lawline
Online Event
Mandatory or Voluntary Workplace Vaccination – Guidance for Employers
This is an online event.
ESG 101: Social Impact Investing and Board and C-Suite Diversity & Inclusion as Value-Creation Vehicles
View the Webinar Recording
Preparing for the New Workplace Paradigm: A Roadmap for Employers in the Time of COVID-19
View the Webinar Recording
COVID-19 and the Workplace: Guidance Regarding Employment and Benefits Issues Facing Employers Now
View the Webinar Recording
Politics, People & Passions: Managing Political Speech & Conflict inside (and outside) the Corporate Workplace
3580 Carmel Mountain Road | Suite 300 San Diego, CA 92130
Employment-based Immigration: Talent Acquisition, Retention & Compliance under a New Administration
Mintz Levin
San Diego, CA
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
Second Annual Employment Law Summit
The Princeton Club 14 West 43rd Street, New York, New York
2016 HRC Corporate Quality Index
Human Rights Campaign San Diego; Qualcomm
10155 Pacific Heights Blvd., Building AZ Multipurpose Room, San Diego, CA
Marriage Equality Seminar
Human Rights Campaign, the Tom Homann LGBT Law Association, and ThermoFisher
San Diego, CA
Intercare CFO Roundtable: Designing Effective Executive Compensation Practices
Hub International: Intercare
San Diego, CA
The 6th Annual San Diego Women in Leadership Symposium
California Diversity Council
7525 Torrey Santa Fe Road, San Diego, CA 92129
Publications
Contributor, Lawsuits Unlikely to Derail Banks’ Board-Diversity Efforts, American Banker, (December 2021)
Read lessRecognition & Awards
Chambers USA: Labor & Employment - California (2021-2024)
Corporate Counsel Business Journal: 50 Women to Watch (2023)
San Diego Super Lawyers: Employment Litigation - Defense (2023 - 2024)
BTI Consulting: Client Service All-Star (2022)
Legal 500 United States: Workplace and Employment Counseling (2022-2024)
San Diego Business Journal: Women of Influence in Law (2021, 2023-2024)
National Law Review: Go-To Thought Leader (2020)
Martindale-Hubbell AV Preeminent