Drake A. Mirsch, Associate at our Los Angeles law office
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Drake A. Mirsch

Associate
Biography

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.

Credentials

Bar Admissions

  • California


Court Admissions

  • United States Court of Appeals, Ninth Circuit
  • United States District Court, Central District of California
  • United States District Court, Eastern District of California
  • United States District Court, Northern District of California
  • United States District Court, Southern District of California


Education

  • 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)
Experience

Representative Experience

Restrictive Covenants/Trade Secrets

  • Successfully defended one of the nation’s largest building materials and construction products distribution companies against former sales executive, who alleged restrictive covenants employee entered into outside California violated California Business and Professions Code sections 16600 and 16600.5*
  • Prosecuted trade secret misappropriation and breach of fiduciary duty action on behalf of international workplace solutions company’s subsidiary against subsidiary’s former president
  • Prosecuted trade secret misappropriation action against former business development executive on behalf of consulting company

*The result portrayed was dependent on the facts of that case, and the results will differ if based on different facts.

Labor & Employment

  • Obtained dismissal on behalf of food services company in former employee’s representative action under the Private Attorneys General Act of 2004 (PAGA), which sought penalties for unreimbursed business expenses in connection with work from home program implemented during COVID-19 pandemic*
  • Obtained dismissal on behalf of branded cookie manufacturer in wage and hour class action*
  • Obtained summary judgment on behalf of food manufacturer in action brought by former vice president involving claims for age and disability discrimination, breach of contract, and whistleblower retaliation*
  • Obtained summary judgment on behalf of international seafood distributor in action brought by former vice president involving claims for disability discrimination and invasion of privacy*
  • Obtained dismissal on behalf of facility services management company in lawsuit brought by former sales executive, which involved claims for disability discrimination, harassment, retaliation, and defamation*

*The results portrayed are dependent on the facts of that case, and the results will differ if based on different facts.

Commercial                                     

  • Obtained dismissal on behalf of e-discovery law firm in lawsuit brought by former partner, who sought declaratory relief to invalidate partnership agreement*
  • Prosecuted breach of contract, unjust enrichment, and conversion claims on behalf of leading independent provider of aircraft maintenance services

*The result portrayed was dependent on the facts of that case, and the results will differ if based on different facts.

Previous Professional Experience

  • Armstrong Teasdale LLP, Associate (2023-2024)
  • Ogletree, Deakins, Nash, Smoak & Stewart, PC, Associate (2021-2023)
  • Lewis, Brisbois, Bisgaard & Smith LLP, Associate (2019-2021)
  • United States Bankruptcy Court, Judicial Extern to the Honorable Theodor C. Albert (2017)

Professional Memberships and Activities

  • State Bar of California, Member

Representative Presentations and Publications

  • FTC Non-Compete Ban Halted Nationwide by Texas Federal Court’s Ruling,” Co-Author, Snell & Wilmer Legal Alert (August 21, 2024)
  • “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)