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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 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)
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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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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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News & Press

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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.

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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.

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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.

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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©.

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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.

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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.

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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.
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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.
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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.
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Events & Speaking

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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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Recognition & Awards

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

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