Email: mdrake@sandbergphoenix.com
Direct: 314.446.4262

Michelle Drake, Counsel

michelle-drake

Biography

Michelle joined Sandberg Phoenix in 2016, bringing 19 years of experience in litigating employment, family law, insurance, antitrust, medical malpractice, employment discrimination, commercial and health care matters. With the firm’s Health Care Services Practice Group, Michelle focuses her practice on matters involved with long-term nursing care and medical malpractice defense.

Prior to joining Sandberg Phoenix, Michelle was in solo practice for several years as founding member of the Drake Law Firm LLC. “As a solo practitioner, I learned to be extremely attentive to client needs and objectives, an approach that served my clients well,” she says. “I believe that philosophy will mesh perfectly with the culture at Sandberg Phoenix.”

Michelle also has experience with representing clients with employment and labor related matters, including claims of discrimination, wrongful termination and other labor related cases. She has a full understanding of professional malpractice litigation, having represented Illinois hospitals and physicians in medical malpractice litigation for 10 years, including cases involving wrongful death, birth related injuries and resuscitation, emergency medicine, neurology, surgery, radiology and retained objects. With this experience, Michelle is the optimal choice for successfully handling a broad range of personal injury cases.

Finally, Michelle has significant experienced representing commercial clients covering a broad range of legal matters, including commercial litigation and business consultation. She has extensive experience in the areas of complex commercial litigation, franchising and distribution law, antitrust and trademark infringement and contract review and negotiation. In these areas, she has represented national oil refiners, regional food retailers and local business franchises.

Background

Michelle is licensed to practice law in the states of Missouri, Illinois, Tennessee and before the U.S. District Court for the Eastern and Western Districts of Missouri, the U.S. District Courts for the Central and Southern District of Illinois, the U.S. District Court for the Western District of Tennessee, the U.S. District Court for the Eastern District of Wisconsin, the U.S. District Court for the Eastern District of Michigan, as well as the Sixth Circuit Court of Appeals.

Successes

Representative Cases

Franchise:

Successfully managed several complex commercial cases for a national oil refiner involving trademark infringement; commingling of motor fuel; termination under the Petroleum Marketing Practices Act; de-branding gasoline stations; and collection of millions of dollars in unpaid invoices, unamortized incentive funds and unamortized volume incentives from the franchisee.

Structured complex work-out agreement between national oil refiner and franchisee to avoid claims of fraud and discrimination, including successful negotiation of continuing relationship between the parties.

Member of trial team in month-long trial in California defending a major oil company from allegations of fraud and misrepresentation in its model contract used throughout the United States with ancillary cases in Missouri and Ohio.

Primary role in handling product quality claims for major oil company, including enforcing its Product Quality Assurance program with retailers and wholesalers and negotiating settlements.

Professional Liability:

Defense of Illinois hospital in claim of untimely delivery of distressed baby, resulting in cerebral palsy and other brain injuries.

Defense of Illinois hospital in untimely delivery of baby in the face of placental abruption, resulting in kidney failure and transplant.

Defense of Illinois hospital in claim of early discharge of patient after receiving multiple hypotensive medications, resulting in stroke.

Defense of physician in emergency room setting involving care and treatment allegedly resulting in a urethral tear.

Defense of Illinois hospital in wrongful death claim arising out of care and treatment in the emergency room.

Defense of neonatologist for alleged failure to properly resuscitate newborn delivered at 28 weeks of gestation.

Employment Discrimination:

Defense of local small businesses in employment discrimination claims and lawsuits, including handling cases based on age, sex, gender, and retaliation.

Successfully negotiated settlement in wrongful termination case based on gender discrimination and pregnancy.

Presentations

“The Use of Social Media in the Work Place,” Medical Group Management Association, 2012 Webinar Series

“Litigation: Mediation of Franchise Disputes,” led round table discussion at the International Franchise Association Legal Symposium, 2012

“Liability, Informed Consent and Risk Management (Medical liability for interventional pain physicians. Liability issues include malpractice, controlled substances, tort, consent, and defense),” American Society of Interventional Pain Physicians, 2011

“Medical Legalities (Issues that come up in litigation),” Physical Medicine & Rehabilitation Residents, Washington University, 2010

BIOGRAPHY

Biography

Michelle joined Sandberg Phoenix in 2016,  bringing 19 years of experience in litigating employment, family law, insurance, antitrust, medical malpractice, employment discrimination, commercial  and health care matters. With the firm’s Health Care Services Practice Group, Michelle focuses her practice on matters involved with long-term nursing care and medical malpractice defense.

Prior to joining Sandberg Phoenix, Michelle was in solo practice for several years as founding member of the Drake Law Firm LLC. “As a solo practitioner, I learned to be extremely attentive to client needs and objectives, an approach that served my clients well,” she says. “I believe that philosophy will mesh perfectly with the culture at Sandberg Phoenix.”

Michelle also has experience with representing clients with employment and labor related matters, including claims of discrimination, wrongful termination, and other labor related cases. She has a full understanding of professional malpractice litigation, having represented Illinois hospitals and physicians in medical malpractice litigation for 10 years, including cases involving wrongful death, birth related injuries and resuscitation, emergency medicine, neurology, surgery, radiology, and retained objects. With this experience, Ms. Drake is the optimal choice for successfully handling a broad range of personal injury cases.
Finally, Michelle has significant experienced representing commercial clients covering a broad range of legal matters, including commercial litigation and business consultation. Ms. Drake has extensive experience in the areas of complex commercial litigation, franchising and distribution law, antitrust and trademark infringement, and contract review and negotiation. In these areas, she has represented national oil refiners, regional food retailers, and local business franchises.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2016 Sandberg Phoenix & von Gontard P.C. All Rights Reserved. Sandberg Phoenix & Von Gontard P.C.is a law firm with a primary office located in Downtown St. Louis, Missouri. Website Hosted by St. Louis Web Hosting

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