• Overview
  • Representative Cases
  • Experience
  • Recognitions
  • Memberships
  • Professional Activities
  • Community Activities
  • News
  • Publications

John Rake delivers creative and cost-effective solutions by providing clear advice backed by careful research.  In resolving conflicts, he is committed to understanding his clients’ background and objectives so that he can craft the narrative told to other parties, judges, and juries, and optimize outcomes available to his clients. John distills the essence of complicated facts, laws, transactions, and technology, and proactively works toward favorable resolutions.  John also assists clients outside of the courtroom, by providing intellectual property and business counseling and advice.

Education

  • Lewis & Clark Law School, J.D., magna cum laude, 2010
  • University of Kansas, B.A., Honors Program graduate with Highest Distinction, Phi Beta Kappa, 2004

Admitted

  • Oregon
  • Washington
  • U.S. District Courts, Oregon and Western District of Washington
  • U.S. Court of Appeals, Ninth Circuit
John Rake
John Rake Attorney
Legal Assistant
Amanda Hollowell503-935-5397|
Rated By
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John Rake delivers creative and cost-effective solutions by providing clear advice backed by careful research.  In resolving conflicts, he is committed to understanding his clients’ background and objectives so that he can craft the narrative told to other parties, judges, and juries, and optimize outcomes available to his clients. John distills the essence of complicated facts, laws, transactions, and technology, and proactively works toward favorable resolutions.  John also assists clients outside of the courtroom, by providing intellectual property and business counseling and advice.

Representative Cases

Obtained favorable settlement for forest products company in arbitration against tree farm and log supplier for breach of supply agreement

Obtained favorable settlement for real estate purchasers against seller and realtor for failure to disclose a geotech report identifying material defects in property

After defeating a motion for a temporary restraining order, helped obtain favorable settlement for co-founders and officers of healthcare delivery system, in litigation brought by a minority shareholder seeking appointment of a receiver

Protected trade secrets of rideshare company Lyft, Inc., in public records litigation against the Oregonian by obtaining temporary restraining order and prevailing at expedited hearing on the merits

Represented over two hundred shareholders of private healthcare plan in class action challenge to a state agency’s planned disclosure to the Register Guard newspaper of corporate records containing personal financial information of shareholders

Defended multi-national electronics company against allegations of price-fixing conspiracy regarding electronic components, resulting in settlement

Represented shareholder in opt-out securities fraud and insider-trading claims against biopharmaceutical company, corporate directors and officers, and promoters of the biopharmaceutical company, resulting in favorable settlement

Represented Portland home remodeling company in litigation and administrative action against contractor, resulting in favorable settlement.

Wrote brief on behalf of internet business in successful appeal to Oregon Court of Appeals on the scope of ORS 60.952, which permits a corporation or shareholder to buy out a shareholder complaining of oppressive conduct. Graydog Internet, Inc. v. Giller, 279 Or App 722 (2016)

Represented software company in copyright and trade secrets litigation against competitor, resulting in out-of-court settlement

Wrote briefs on behalf of grass seed purchaser in appeal to Oregon Supreme Court on issue of measure of damages and attorney fees due for breach of contract. Peace River Seed Co-op v. Proseeds Marketing, 355 Or 44 (2014)

Represented water district in election challenge brought by candidate in Clackamas County, resulting in bench verdict in favor of water district

Wrote briefs to Oregon Supreme Court on behalf of county in successful appeal of trial court’s ruling regarding a contractual obligation to provide health insurance benefits to employees. James v. Clackamas County, 353 Or 431 (2013)

Prevailed in arbitration on breach of contract on behalf of architectural firm and successfully recovered significant portion of money owed using cost-effective collection strategy

Advise business owners on entity selection, liability protection, and key contractual relationships, including owner agreements, operating and management agreements, and agreements with contractors and employees

Provide advice about protecting, enhancing, and monetizing rights in branding, business ideas, creative expressions and works, and other investments in intellectual property

Draft, negotiate, and enforce technology licenses, software licenses, and other intellectual property licenses, including mobile application licenses that cover open source issues, mobile application terms of use, and privacy policies

Experience

Associate, Harrang Long Gary Rudnick PC (2010-2014)

Law Clerk, Legal Aid Services of Oregon (2009-2010)

Law Clerk, Multnomah County Attorney (2008)

Recognitions

Oregon Super Lawyer Rising Star (2016-present)

Memberships

Oregon State Bar Intellectual Property Section Executive Committee (2014-2017)

Owen M. Panner American Inn of Court (2009-2018)

American Bar Association Litigation and Intellectual Property Sections (2012-present)

Multnomah Bar Association Pro Bono Committee (2010-2012)

Professional Activities

CLE: Navigating the Intersection Between Trade Secrets and Public Records Law (OSB IP Section 2017)

CLE: Crimson Trace and Other Trending Ethics Topics for IP Practitioners (OSB IP Section 2014)

CLE: Big Data and the Law (OSB IP Section 2014)

Community Activities

Director, Hollywood Theatre Board (2018-present)

Campaign for Equal Justice, Mid-Size Firm Committee (2017-present)

Volunteer, U.S. District Court for the District of Oregon Pro Bono Program (2014-present)

Volunteer, Legal Aid Services of Oregon – Domestic Violence Project (2010-2014)

Mentor, Multnomah Bar Association Imprint Program (2011-2013)

Publications

Ask a Professional Q&A: When to Publicly Announce a New Business Idea or Product, Portland Business Journal (2013)

Ask a Professional Q&A: Crowdfunding, Portland Business Journal (2012)

Ask a Professional Q&A: Cloud Computing – Choosing a Vendor, Portland Business Journal (2012)

District of Oregon Tackles Personal Jurisdiction (Again) in L&A Designs, LLC v. Xtreme ATVs, Inc., Federal Bar Association Oregon Chapter Newsletter (2012)

The Friends of Yosemite Valley Saga:  The Challenge of Addressing the Merced River’s User Capacities, 39 Envtl L 833 (2009)