Michael A. Drab
Practice Areas
Experience
- Government Contracts & Procurement
- Labor & Employment Litigation
- Trade Secrets
Biography
Michael Drab specializes in departing employee disputes, with an emphasis on the protection of trade secrets and confidential business information. Whether it’s developing and implementing effective strategies to guard trade secrets, obtaining emergency injunctive relief, or defending against allegations of misappropriation, Michael creates tailor-made solutions to the unique and fluctuating challenges faced by his clients.
Michael also represents government contractors and federal grant recipients on procurement matters. He has assisted clients with compliance issues related to the Federal Acquisition Regulations (FARs), Defense Federal Acquisition Regulation Supplement (DFARS), the Uniform Guidance, and a wide range of other federal statutes and regulations impacting government contracting and procurement, including small business and minority owned business certification requirements.
Prior to joining the firm, Michael served as a judicial law clerk to the Honorable Andrew M. Edison in the Southern District of Texas.
Education
B.A., magna cum laude, University of Houston
J.D., University of Houston Law Center
Bar Admissions
Texas
Court Admissions
United States District Court for the Southern and Western Districts of Texas
United States Court of Appeals for the Fifth Circuit
United States Bankruptcy Court for the Southern District of Texas
United States District Court for the District of Colorado
- Texas Rising Star, Super Lawyers by Thomson Reuters, 2024
- Co-Author, “FTC Rule Banning Non-Competes Found Unenforceable,” Jackson Walker Insights (August 2024)
- Co-Author, “Court Issues Injunction Against Enforcement of FTC Non-Compete Rule,” Jackson Walker Insights (July 2024)
- Co-Author, “Federal Trade Commission Issues Rule Banning Non-Competes in the Workplace,” Jackson Walker Insights (April 2024)
- Co-Author, “Minimum Wage Hike for Federal Contractors Halted in the Fifth Circuit,” Jackson Walker Insights (September 2023)
- Co-Author, “Department of Labor Proposes Expanding Overtime Eligibility to Millions,” Jackson Walker Insights (September 2023)
- Co-Author, “Second Circuit Narrows Defend Trade Secrets Act Remedies,” Jackson Walker Insights (June 2023)
- Author, “Indiana to Further Restrict Physician Non-Competes,” Jackson Walker Insights (May 2023)
- Co-Author, “Imagine There’s No Non-Competes,” Texas Lawyer (subscription required) (February 2023)
- Co-Author, “Supreme Court Addresses Federal Arbitration Act’s Residual Clause, But Circuit Split Remains Regarding Personal Jurisdiction in FLSA Cases,” Jackson Walker Insights (June 2022)
- Co-Author, “Effective Use of Expert Witnesses,” State Bar of Texas 30th Annual Advanced Employment Law Course (April 2022)
- Co-Author, “Key Highlights from OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard,” Jackson Walker Insights (January 2022)
- Co-Author, “What Federal Contractors Need to Know About the New Minimum Wage Requirements,” Jackson Walker Insights (January 2022)
- Speaker, “Remote Work: Risks and Best Practices” Jackson Walker Virtual Labor & Employment Law Symposium (December 2021)
- Terry Foundation Alumni Advisory Board Member, 2022
- The People’s Law School, Student Volunteer, 2018-2019
- National Hemophilia Foundation, Volunteer, 2007-2015
- Camp Ailihpomeh Board of Directors, 2013-2014
- Greater Houston Partnership, Houston Young Professionals and Entrepreneurs (HYPE)
August 28, 2024
Insights
FTC Rule Banning Non-Competes Found Unenforceable
By G. Scott Fiddler and Michael A. Drab
On Tuesday, August 20, 2024, employers throughout the country breathed a sigh of relief when a federal trial judge in Dallas struck down the FTC’s rule banning non-competes. It brought to a conclusion a tumultuous and chaotic summer that had turned employers and workers into court-watchers.
July 9, 2024
Insights
Court Issues Injunction Against Enforcement of FTC Non-Compete Rule
By G. Scott Fiddler and Michael Drab
A federal court in the Northern District of Texas has issued an injunction against enforcement of the Federal Trade Commission’s rule banning non-compete agreements, which is scheduled to go into effect on September 4, 2024. The Court has stated it intends to issue a ruling on the merits on August 30, 2024, less than a week before the Rule is scheduled to take effect.
April 25, 2024
Insights
Federal Trade Commission Issues Rule Banning Non-Competes in the Workplace
On April 23, 2024, in a 3 to 2 vote, the Federal Trade Commission (FTC) voted to implement its final rule prohibiting non-compete agreements in the workplace.
By G. Scott Fiddler and Michael Drab
March 21, 2024
Attorney News
Jackson Walker Congratulates 2024 Texas Rising Stars
Each year, Super Lawyers recognizes only 5% of Texas attorneys who either are 40 years of age or younger or have been in practice for 10 years or less as “Rising Stars.”
December 4, 2023
Newsletters
JW Diversity & Inclusion Newsletter – December 2023
View Jackson Walker’s December 2023 Diversity & Inclusion Newsletter, Perspectives.
September 29, 2023
Insights
Minimum Wage Hike for Federal Contractors Halted in the Fifth Circuit
By David Schlottman and Michael A. Drab
On January 1, 2023, a new regulation from the Department of Labor took effect that raised the minimum hourly wage applicable to certain federal contractors to $16.20. But this past Tuesday (September 26, 2023), a federal judge in Victoria, Texas, entered an injunction prohibiting the DOL from enforcing the rule in the states of Texas, Louisiana, and Mississippi.
September 1, 2023
Insights
Department of Labor Proposes Expanding Overtime Eligibility to Millions
By David Schlottman and Michael A. Drab
You may soon be required to pay your salaried employees more. On August 30, 2023, the Department of Labor issued a new proposed regulation that would raise the minimum salary required to invoke the commonly used “white-collar” exemptions to overtime from $684 per week (or $35,568 annually) to $1,059 per week (or $55,068 annually). Additionally, the proposed regulation would raise the minimum annual salary required to claim the highly compensated employee exemption from $107,432 to $143,988.
June 5, 2023
Insights
Second Circuit Narrows Defend Trade Secrets Act Remedies
By Michael A. Drab and Leisa Talbert Peschel
The Second Circuit just raised the bar for recovering avoided costs as unjust enrichment in a Defend Trade Secrets Act (“DTSA”) case. With a successful DTSA claim, a trade secret owner may obtain an injunction against further use or disclosure of the trade secrets, recover actual damages, and recover damages for unjust enrichment caused by the misappropriation not otherwise included in the damages award.
May 11, 2023
Webinars
Join Jackson Walker and Insperity for the Virtual Spring Labor & Employment Law Seminar
Join Jackson Walker and Insperity for the Spring Labor & Employment Law Seminar discussing current labor and employment law topics that might impact you and your company.
May 4, 2023
Insights
Indiana to Further Restrict Physician Non-Competes
By Michael A. Drab
On April 25, 2023, the Indiana Senate passed an amendment banning non-compete agreements with primary care physicians (defined as physicians practicing family medicine, general pediatric medicine, and internal medicine) executed on or after July 1, 2023. The current version, originally introduced as an outright ban, represents a series of compromises between the Indiana House and Indiana Senate. Governor Eric Holcomb is expected to sign the bill into law.
Recognition & Accolades
- Texas Rising Star, Super Lawyers by Thomson Reuters, 2024
Publications & Speeches
- Co-Author, “FTC Rule Banning Non-Competes Found Unenforceable,” Jackson Walker Insights (August 2024)
- Co-Author, “Court Issues Injunction Against Enforcement of FTC Non-Compete Rule,” Jackson Walker Insights (July 2024)
- Co-Author, “Federal Trade Commission Issues Rule Banning Non-Competes in the Workplace,” Jackson Walker Insights (April 2024)
- Co-Author, “Minimum Wage Hike for Federal Contractors Halted in the Fifth Circuit,” Jackson Walker Insights (September 2023)
- Co-Author, “Department of Labor Proposes Expanding Overtime Eligibility to Millions,” Jackson Walker Insights (September 2023)
- Co-Author, “Second Circuit Narrows Defend Trade Secrets Act Remedies,” Jackson Walker Insights (June 2023)
- Author, “Indiana to Further Restrict Physician Non-Competes,” Jackson Walker Insights (May 2023)
- Co-Author, “Imagine There’s No Non-Competes,” Texas Lawyer (subscription required) (February 2023)
- Co-Author, “Supreme Court Addresses Federal Arbitration Act’s Residual Clause, But Circuit Split Remains Regarding Personal Jurisdiction in FLSA Cases,” Jackson Walker Insights (June 2022)
- Co-Author, “Effective Use of Expert Witnesses,” State Bar of Texas 30th Annual Advanced Employment Law Course (April 2022)
- Co-Author, “Key Highlights from OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard,” Jackson Walker Insights (January 2022)
- Co-Author, “What Federal Contractors Need to Know About the New Minimum Wage Requirements,” Jackson Walker Insights (January 2022)
- Speaker, “Remote Work: Risks and Best Practices” Jackson Walker Virtual Labor & Employment Law Symposium (December 2021)
Community Involvement
- Terry Foundation Alumni Advisory Board Member, 2022
- The People’s Law School, Student Volunteer, 2018-2019
- National Hemophilia Foundation, Volunteer, 2007-2015
- Camp Ailihpomeh Board of Directors, 2013-2014
- Greater Houston Partnership, Houston Young Professionals and Entrepreneurs (HYPE)