• 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
Lynette Yorgey971-279-8108|
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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

Representing putative class of Oregon investors who purchased securities issued by American Equities, Inc. in claims against third parties who aided securities violations resulting in more than $17 million of losses, Anderson et al. v. Davis Wright Tremaine et al. Case No 20CV09418 (Mult. County Cir. Ct.), Case 3:20-cv-01194-AC (D. Or.)

Representing 35 investors seeking receivership to replace general partner mismanaging limited partnership’s remaining real estate asset; legal strategy resulted in negotiation of alternative to receivership designed to return capital to investors, Banks et al. v. Master et al. Case No. 19CV49112 (Mult. County Cir. Ct.)

Obtained favorable settlement for Portland creative design firm against New York start-up in breach of contract dispute

Successfully defended business owner from multimillion dollar unjust enrichment claims brought by Oregon Department of Justice and related insurance coverage claims brought by business’s insurer; all claims dismissed after settlement. Department of Justice v. BacGen et al Case No. 16CV28490 (Marion County Cir. Ct.); Colony Insurance Co. v. BacGen et al Case No. 2:18-cv-01085 (W.D. Wash.).

Represented over 140 investors who lost more than $40 million in a Ponzi-like scheme managed by Aequitas Capital Management by pursuing claims in state court, private arbitration, and FINRA arbitration against various third party defendants, including an international law firm, a Big 4 accounting firm, a retail brokerage, a national valuation firm, and a Colorado bank; achieved favorable settlements with multiple defendant groups and receiver. Pommier et al. v. Deloitte & Touche et al. Case No. 16CV36439 (Mult. County Cir. Ct.)

Negotiated favorable, pre-filing resolution of family dispute involving a surviving parent’s breach of trust duties owed to the decedent parent’s trust that was to benefit the children

Co-wrote amicus brief filed in the Oregon Supreme Court on behalf of the Oregon Attorney General’s Sexual Assault Task Force which succeeded in obtaining reversal of MAB v. Buell, 296 Or App 380 (2019)

Obtained significant settlement for an Oregon health insurance plan with a multi-million dollar breach of contract claim against its reinsurer by proactively pursuing pre-discovery mediation that avoided typical litigation costs

Protected ability of numerous departing employees to continue with their business endeavors by resolving their former employer’s claims of breach of contract, misappropriation of trade secrets, piracy and other similar claims that totaled over $20 million

Protected right of literary press to sell poetry books by amicably resolving allegations of trademark infringement and right of publicity allegations

Successfully defeated multimillion claim for damages brought by franchised waste hauler against residential doorstop trash collector by prevailing on cross-motion for summary judgment, affirmed on appeal, Pride Disposal Co. v. Valet Waste, LLC, 298 Or App 751 (2019)

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, Endeavour Capital Fund VI, L.P. et al v. Zoom Management, Inc. et al Case No. 17CV4195 (Mult. County Cir. Ct.)

Represented transportation network company in successful challenge to public records disclosure of trade secret data, obtaining declaratory and injunctive relief in consolidated hearing on the merits, Lyft, Inc. v. City of Portland Case No. 16CV32174 (Mult. County Cir. Ct.)

Represented over two hundred shareholders of private healthcare plan in class action challenge to a state agency’s planned disclosure of corporate records containing personal financial information of shareholders, Coplin, et al. v. Department of Justice, et al. Case No. 15CV19184 (Marion County Cir. Ct.)

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 out-of-court settlement, Riley v. Galena Biopharma, Inc. et al. Case 3:15-cv-01748-AC (D. Or.)

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

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)

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)