Drake A. Mirsch is an associate in the firm’s Commercial Litigation group. He represents clients in a wide array of complex litigation before state and federal courts in matters involving, among other things, class or collective claims, commercial disputes, fraud, trade secret misappropriation, breach of fiduciary duties and unfair business practices. Drake has experience in all phases of litigation, including pre-litigation negotiations, obtaining provisional remedies, preparing dispositive motions, and briefing and arguing appeals.
Drake’s practice also includes employment litigation and counseling. He advises clients in multiple industries on a broad range of employment issues, employment practices and policies, and responding to administrative charges. He is experienced at defending clients against discrimination, harassment, retaliation, and whistleblower retaliation claims under both state and federal law. Drake also regularly litigates highly contested class, collective and representative wage and hour disputes.
Prosecuted trade secret misappropriation action against former business development executive on behalf of consulting company
Prosecution of breach of contract, unjust enrichment, and conversion claims on behalf of leading independent provider of aircraft maintenance services
Represented food services company in claims for unreimbursed business expenses in connection with work from home program implemented during COVID-19 pandemic
Represented a law firm in former law partner’s declaratory relief action seeking to invalidate partnership agreement
Represented client in action brought by former vice president of food manufacturer, alleging age and disability discrimination, breach of contract, and whistleblower retaliation
Represented client in former sales executive’s lawsuit involving claims for disability discrimination, harassment, retaliation, and defamation
Chapman University Dale E. Fowler School of Law (J.D., cum laude)
Full Merit Scholarship Recipient
ABA Representation in Mediation Competition
National & Regional Champion
CAL-ABOTA Marjorie W. Day Memorial Scholar
Chapman Law Review
Articles Editor
Staff Editor
University of Arizona (B.A., Philosophy, Politics, Economics & Law)
State Bar of California, Member
“Lowe’s Ex-Worker Case Leads New Shot for Clarity on PAGA Rulings,” Quoted, Bloomberg Law (Oct. 3, 2023)
“What are the Practical Implications of California Supreme Court’s Recent PAGA Ruling?,” Co-Author, American Bar Association Section of Litigation – Alternative Dispute Resolution, Volume 27, Issue 3 (Summer 2023)
“Ninth Circuit Holds Last-Leg Drivers Exempt from FAA,” Co-Author, American Bar Association Section of Litigation – Alternative Dispute Resolution (Aug. 10, 2023)