John A. Drake

John A. Drake is a versatile attorney helping companies solve their employment law problems and commercial disputes. He provides strategic litigation prevention advice and counseling, but he also advocates for his clients in a vigorous, creative, and cost-effective manner. A major focus of John’s practice is litigating restrictive covenants (non-compete, non-solicit, and confidentiality agreements), trade secrets, and unfair competition claims (e.g., breach of fiduciary duty, tortious interference, and computer trespass). John has secured or defeated numerous restraining orders and injunctions in high-stakes cases. John chairs the firm’s new Intellectual Property subgroup and uses his intellectual property experience with trademark infringement, cyber-squatting, copyright infringement, trademark office filings, and related IP issues to assist clients.

John also a wide range of experience in employment law, including race, sex, age, and disability discrimination, harassment, wage and hour, employment agreements and policies, workplace investigations, and whistleblower cases. His wage and hour experience includes several FLSA victories against collective and class actions, defeating collective action motions, as well as advice, counsel, and audits. He has litigated cases in state and federal trial courts, in appeals courts, before administrative agencies, and in arbitration.

A native of South Bend, John frequently handles matters for firm clients in northern Indiana as well as in Chicago. He brings a wealth of experience to Ogletree. He was Editor-in-Chief of law review, won a moot court appellate competition, and interned for a federal district court judge and the Securities and Exchange Commission during law school. After graduation, he served as a judicial law clerk for the Honorable Theresa L. Springmann of the U.S. District Court for the Northern District of Indiana and practiced in a variety of litigation and other matters at a South Bend law firm. Before law school, he served as an investigator for Senator Charles E. Grassley on the U.S. Senate Finance Committee. He also worked as a newspaper reporter covering crime and government.

More About John A. Drake

Experience

Restrictive covenant, trade secrets, unfair competition, and commercial claims

Obtained default judgment as sanction for destruction of evidence and contempt against former employees and their new company in action by employer seeking recovery of trade secrets and confidential information; obtained an $11 million judgment after winning a damages trial. The Indiana Court of Appeals affirmed the judgment in May 2020.
Invalidated opposing company’s non-competition agreement as overbroad and unenforceable as a matter of law at the motion to dismiss stage, marking a significant development in Illinois restrictive covenant law.
Obtained a temporary restraining order and permanent injunction against a client’s former employee who breached her non-competition obligations.
Won a motion to dismiss with prejudice a complaint asserting unfair competition and tort claims, and obtained an award of sanctions against both the plaintiff and plaintiff’s counsel for frivolous and groundless litigation. In a parallel case against the same equipment supplier client, Mr. Drake disqualified opposing counsel, leading to dismissal of the complaint with prejudice.
Obtained a permanent injunction with restrictive covenant obligations against client’s former salesman.
Secured a dismissal of the complaint with prejudice on behalf of an individual sued for breach of restrictive covenants.
Enforced client’s restrictive covenants against its former employee, resulting in the termination of her position that was breaching a non-competition provision.
Forced an opposing company to shut down and transfer its domain name in a cyber-squatting and trademark infringement case.
Secured transfer to the Indiana Supreme Court in an unfair competition case after being retained following the client’s defeat in the Indiana Court of Appeals, resulting in a favorable settlement.
Obtained a favorable Indiana Supreme Court ruling forcing disclosure of a special litigation committee report in a case of first impression.
Obtained summary judgment against defamation, tortious interference, and loss of consortium claims.
Part of a trial team winning a $34 million federal court judgment after a five-day bench trial.

Employment law

Obtained summary judgment on age discrimination claims on behalf of a national retailer.
Obtained summary judgment on race discrimination, harassment, and hostile work environment claims on behalf of national transportation company.
Won summary judgment in a Title VII discrimination, hostile work environment, and retaliation case where the employee filed four EEOC charges before termination.
Obtained summary judgment for a vehicle manufacturer against an employee’s claim under the ADA.
Obtained summary judgment in a contract and employee benefits case under Michigan law.

Wage and hour claims

Obtained a denial of motion for a collective and class action under the FLSA against multiple plaintiffs on behalf of a health care company.
Obtained denial a motion for collective action on behalf of a staffing company.
Obtained decertification of a nationwide FLSA collective action with approximately 3,500 opt-ins.

Education & Admission

Professional Activities

Speeches

2023 Indiana State Bar Association – Trade Secrets Section – “Employment & Labor Law Handbook for Lawyers” – December 16, 2024
The Catholic University of America, The Busch School of Business, HR Speaker Series – “Religious Freedom and Other Hot Topics in Employment Law” – November 14, 2024
Ogletree Deakins Managing a Workforce 2025 – “Protecting Company Assets and Inventions: The Evolving Landscape For Restrictive Covenants And Intellectual Property” – Detroit – October 2, 2024
Ogletree Deakins Briefing – “Protecting Company Assets and Inventions: The Evolving Landscape For Restrictive Covenants And Intellectual Property” – Detroit – March 20, 2024
Indiana Continuing Legal Education Forum – “Whistleblower Issues: Navigating the Changing Landscape” – Indianapolis – December 7, 2023
Ogletree Deakins Virtual Briefing – “Cover Your (Company) Assets” – March 25, 2021
Ogletree Deakins Podcast – “Managing and Enforcing Restrictive Covenants during COVID-19” – May 27, 2020
The Knowledge Group Webinar – “Trends and Developments in the Defend Trade Secrets Act in 2020: What You Must Know and Do” – April 27, 2020
Indiana Continuing Legal Education Forum – “Whistleblower Issues: Balancing Your Risk Management” – Indianapolis – December 17, 2019
Ogletree Deakins Managing a Workforce in 2020 Seminar – “Employment Arbitration Agreements: New Strategies After the Supreme Court’s Decision” – Indianapolis – September 12, 2019
Ogletree Deakins Briefing – “Intellectual Property” – Indianapolis – April 23, 2019
Ogletree Deakins Briefing – “Non-disparagement and Confidentiality Agreements” – Indianapolis – March 21, 2019
Indiana Continuing Legal Education Forum – “Whistleblower issues: Balancing Your Risk Management” – Indianapolis – December 13, 2018
Northeast Indiana Human Resources Association Annual Conference – “Inclement Weather Policy” – Fort Wayne – May 17, 2018
Ogletree Deakins Briefing – “Protecting Trade secrets & Guarding Company Interests” – Merrillville – February 22, 2018
Indiana Continuing Legal Education Forum – “Challenges Associated with Enforcing Non-Competes – Practical Tips” – Indianapolis – February 13, 2018
Indiana Chamber FMLA Seminar – “The Top FMLA Cases from 2017” – Indianapolis – January 24, 2018
Ogletree Deakins Briefing – “Spoliation as a Weapon” – Indianapolis – May 30, 2017
Express Employment Professionals – “The New OT Regulations Are Coming” – Crystal Lake and West Dundee – November 15, 2016
Express Employment Professionals – “The New OT Regulations Are Coming” – Granger and Goshen – November 10, 2016
Ogletree Deakins Managing a Workforce in 2017 – “FLSA Flubs and Fumbles” – Indianapolis – September 8, 2016
Private seminar – “Policing the Workplace: Discrimination / Harassment / Retaliation” – South Bend – June 21, 2016
Private Seminar – “FLSA Overtime Regulations: Ready for changes?” – South Bend – April 19, 2016