Drake M. Lawsage
Senior Counsel
Drake Lawsage is an accomplished commercial litigator and senior counsel in Foley & Lardner LLP’s Houston office, where he is a member of the firm’s Energy and Business Litigation Practice Groups. He represents sophisticated companies in high-stakes disputes involving complex commercial relationships, energy and industrial operations, trade secrets and restrictive covenants, construction and engineering projects, corporate governance, and other significant business matters.
Drake’s practice is particularly focused on disputes where the legal issues are only one part of the equation. His clients often operate in highly technical, heavily regulated, or commercially complex industries, and he understands that litigation strategy must account for more than the case itself. Business relationships, operational considerations, competitive interests, reputational concerns, and the economics of litigation can be every bit as important as the underlying legal claims. Drake works closely with clients to understand those considerations and develop strategies that advance their broader business objectives.
His experience spans the full lifecycle of complex disputes—from pre-litigation counseling and early risk assessment through expedited proceedings, dispositive motions, trial, and resolution. He has represented clients in state and federal courts in matters involving multimillion-dollar commercial claims, energy and royalty disputes, trade secret and employee-mobility litigation, corporate and fiduciary-duty claims, force majeure disputes, major industrial equipment failures, construction projects, and maritime matters. His experience includes obtaining significant jury verdicts and summary judgments, defending against substantial claims, prosecuting affirmative claims on behalf of corporate clients, and helping businesses resolve potentially costly disputes before litigation begins.
Clients value Drake for his ability to distill complicated legal and factual issues into practical strategies and straightforward advice. He approaches each engagement with an understanding that sophisticated businesses need more than aggressive advocacy—they need counsel who understands their operations, identifies the issues that matter most, communicates clearly, and exercises sound judgment about when to fight, when to negotiate, and how to position a dispute for the best possible outcome. His approach is collaborative and responsive, with an emphasis on becoming a trusted extension of the client’s legal and business teams.
When litigation is necessary, Drake is a determined advocate who combines rigorous preparation with a pragmatic, results-oriented approach. He develops litigation strategies with the ultimate objective in mind, looking for opportunities to gain leverage, narrow exposure, and efficiently position clients for success. At the same time, he regularly counsels clients before disputes mature into litigation, helping them assess contractual rights, manage emerging risks, preserve strategic options, and, when possible, avoid the expense and disruption of litigation altogether.
Drake is also committed to Houston and the community in which he practices. He serves on the Board of Directors of the Children’s Museum Houston, supporting an organization dedicated to transforming communities through innovative, child-centered learning. His community involvement reflects the same commitment to service, collaboration, and long-term relationships that he brings to his legal practice.
Representative Experience
Business and Commercial Litigation
- Obtained a substantial jury verdict following contentious trial on behalf of clients asserting claims in both individual and derivative capacities arising from a corporate acquisition. The matter involved complex corporate-governance and contractual issues, including alleged breaches of fiduciary duties owed to the corporation and breach-of-contract claims arising from a bad-faith termination determination.
- Secured summary judgment defeating multimillion-dollar claims asserted by a major oil and gas pipeline transportation company arising from the unprecedented operational disruptions caused by Winter Storm Uri. The plaintiff challenged the client’s invocation of force majeure and sought substantial damages for alleged failures to deliver product. Successfully obtained dismissal of the claims at the summary-judgment stage, avoiding the expense and uncertainty of trial.
- Prosecuted significant breach-of-contract and warranty claims on behalf of a global engineering and construction company against one of the world’s largest compressor manufacturers. The litigation arose from the failure of critical compressor equipment at a Louisiana ammonia facility and involved sophisticated technical, engineering, contractual, and damages issues.
- Advised a major industrial valve manufacturer in connection with a substantial commission dispute arising from a large-scale Residue Upgradation Facility construction project in India. Developed and implemented a pre-litigation strategy addressing the parties’ contractual rights and potential exposure, resulting in a favorable resolution without the cost, disruption, and business risk associated with protracted litigation.
- Obtained summary judgment on behalf of an aggregates company in litigation arising from catastrophic flooding during Hurricane Harvey. Plaintiffs alleged that the client’s water-pumping operations caused or contributed to the flooding of their residences. Successfully defeated the claims before trial.
- Obtained summary judgment defeating affirmative breach-of-contract claims brought by a foreign plaintiff arising from an international, for-profit venture involving the acquisition and resale of auctioned vehicles in overseas markets. The dispute presented contractual and commercial issues involving cross-border business operations.
- Defended a health care organization against claims by a former member alleging breach of a partnership agreement based on the alleged withholding of payments. The dispute involved issues concerning contractual rights, organizational relationships, and the allocation of financial obligations among members.
- Obtained summary judgment in a securities-related fraud dispute arising from a stock transaction in which the issuer allegedly failed to disclose material information concerning the status of the underlying entities and pre-existing disputes with shareholders.
- Obtained a substantial default judgment on behalf of a major bulk-container supplier against a plastics company. Developed arguments supporting enhanced recovery that materially increased the amount of the judgment obtained for the client.
Trade Secret and Restrictive Covenant Litigation
- Represented numerous companies and individuals in coordinated and high-stakes litigation involving restrictive covenants, employee mobility, and competitive hiring. Matters have included claims arising from employment agreements, noncompetition and nonsolicitation provisions, stock-option arrangements, and equity agreements, frequently requiring rapid strategic responses to litigation initiated by former employers seeking to restrict employees from joining or working for competitors.
- Defended two former employees against trade-secret and related claims asserted by one of the world’s largest bulk-container companies after the employees joined a competitor in the packaging industry. The plaintiff alleged that the employees misappropriated confidential and trade-secret information as part of a broader conspiracy to retain and use competitively sensitive business information. The litigation involved significant competitive-business and employee-mobility issues and ultimately concluded with a highly favorable settlement for the clients.
- Defended against contractual and related claims asserted by a distribution company based on an alleged distributorship arrangement. The litigation presented unusual issues concerning the existence and enforceability of the purported contractual relationship, as well as fiduciary-duty questions arising from the conduct of a former employee.
Energy Litigation
- Defended a major oil and gas exploration and production company in federal class-action litigation challenging deductions taken from royalty payments to mineral and royalty owners. The matter involved significant potential exposure and complex issues concerning royalty calculations, contractual rights, and energy-industry payment practices, and concluded in a favorable resolution for the client.
- Defended and prosecuted affirmative claims on behalf of a Texas oil and gas company in litigation arising from horizontal drilling that allegedly trespassed upon the client’s mineral estate. The dispute involved sophisticated questions of Texas oil-and-gas and property law, including complex chain-of-title analysis, subsurface property rights, and the horizontal severance of mineral interests.
- Served as a member of the trial team representing an oilfield well-service provider in litigation seeking multimillion-dollar damages for alleged breach of contract. The trial resulted in a favorable judgment for the client.
Maritime and Admiralty Litigation
- Defended one of the world’s largest inland barge operators in multiple personal-injury matters brought by workers asserting Jones Act seaman status and alleging injuries arising from purportedly unseaworthy vessels. Obtained favorable determinations that company employees did not qualify as Jones Act seamen, foreclosing their asserted Jones Act remedies. Also addressed the interaction among the Jones Act, Longshore and Harbor Workers’ Compensation Act, and other potentially applicable compensation regimes in evaluating the benefits and coverage available to the claimants.
- Assisted with a sensitive, multi-jurisdictional investigation involving a missing seaman from an Egyptian-flagged vessel while the vessel was docked in the United States. Coordinated with local, federal, and foreign authorities and participated in the onboard investigation, including interviews of vessel crewmembers. The matter required navigating the intersection of maritime operations, international interests, governmental investigations, and potential legal exposure.