Texas Transactional Counsel

Todd Drake

Big Law rigor. In-house judgment. Commercial perspective.

Real Estate

  • Buying and selling residential and commercial property
  • Negotiating and preparing commercial and residential leases
  • Landlord-tenant relations
  • Loan workouts
  • Zoning
  • Easements and licenses
  • Water and wastewater agreements
  • Mineral right conveyances
  • Royalty and surface use provisions

Construction

  • Selection of construction delivery systems
  • Negotiating and drafting construction and design contracts
  • Contractor and subcontractor compliance issues
  • Payment disputes
  • Contract administration advice
  • Change orders and scope of work changes
  • Mechanic's liens and bond claims
  • Warranty enforcement and project closeout

Commercial Transactions

  • Joint venture agreements and strategic partnerships
  • Operating agreements
  • Procurement agreements and other supply chain contracts, such as strategic sourcing agreements, long-term supply agreements, and logistics agreements
  • Master service agreements
  • Marketing and sponsorship agreements
  • Confidentiality, non-compete, non-disclosure agreements
  • Contract lifecycle management, including renewals, amendments, and dispute resolution

Strategic Business Counsel

  • Commercial contract strategy, negotiation, and lifecycle management
  • Corporate governance, entity formation, and organizational structuring
  • Risk assessment and mitigation for business operations and transactions
  • Regulatory compliance strategy and implementation
  • Intellectual property protection, including trademarks and trade secrets
  • Policy development, including internal procedures and corporate handbooks

Fractional General Counsel

Mr. Drake provides fractional general counsel services to startup and growth-stage companies that need experienced in-house legal leadership without the cost of a full-time hire. As your fractional GC, Mr. Drake embeds in your business on a part-time, contract, or as-needed basis, providing the strategic judgment of a seasoned in-house lawyer, tailored to your company's specific needs and budget.

Fractional general counsel engagements draw on the full range of Mr. Drake's practice, including commercial transactions, real estate, construction, and strategic business counsel. Mr. Drake works with each client to design a custom scope of services matched to their needs. Contact Mr. Drake to arrange a free initial consultation.

Todd Drake

Licensed to Practice

  • State of Texas
  • State of California (inactive status)
  • U.S. District Court, S.D. California

Education

  • University of San Diego School of Law, J.D.
  • University of Washington, B.S. in Biology

Memberships

  • State Bar of Texas — Corporate Counsel Section
  • State Bar of Texas — Construction Law Section

Todd Drake advises clients on complex real estate, construction, and commercial transactions, drawing on more than two decades of experience and a practical, business-oriented perspective developed as senior in-house counsel.

Todd spent 11 years as in-house counsel for a publicly traded real estate developer and operator of master planned communities with a national portfolio, where he led construction and commercial contracting across the company's assets. He served as counsel on more than 65 major projects, including trophy office buildings, luxury residential towers, hotels, mixed-use districts, retail centers, and specialized projects such as a minor league baseball stadium and historic building restorations. His work extended beyond development through the operational life of these assets, including tenant matters, warranty claims, capital improvements, dispute resolution, and litigation management. This experience further refined his pragmatic approach to counseling clients, aligning legal strategy with business objectives.

Before moving in-house, Todd practiced at a global law firm in Austin, advising clients on complex construction and real estate transactions, environmental remediation, and regulatory compliance. He began his career in commercial litigation in San Diego, California, developing a litigator's perspective on risk allocation, contract enforcement, and insurance coverage that continues to inform his transactional practice.

Todd serves on the board of directors of Habitat for Humanity Montgomery County.

Get in
Touch

Todd Drake Law, PLLC represents clients in real estate, construction, and business matters throughout Texas.

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