Experience

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Practice Areas and Experience

The Lukens Law Group has successfully represented both plaintiffs and defendants involving a wide variety of business disputes and commercial disputes, including cases of lender liability, patent and intellectual property, real estate, partnership disputes, agribusiness, securities and investment fraud, tax shelter abuse, antitrust, and complex commercial litigation.

The group has also handled numerous reported and unreported cases. Among the reported cases handled are: Raynolds v. Volkswagenwerk Aktiengsellschaft, 275 Cal. App. 2d 997 (1969); O'Connor & Associates v. Dean Witter Reynolds, Inc., 559 F. Supp. 800 (S.D. New York 1983); JBL Enterprises, Inc. v. Jhimark Enterprises, Inc., 698 F. 2d 1011 (9th Cir. 1983); In re James E. O’Connell Co., Inc., 799 F. 2d 1258 (9th Cir. 1986); Eureka Federal Sav. and Loan Ass’n v. American Cas. Co. of Reading, Pennsylvania, 663 F. Supp. 1583 (N.D. Cal. 1987); Kruse v. Bank of America, 202 Cal. App. 3d 38 (1988); In re James E. O’Connell, Inc., 82 B.R. 118 (N.D. Cal. 1988); Bank of America v. Superior Court, 220 Cal. App. 3d 613 (1990); Sun Village Farms v. Bowery Sav. Bank, 735 F. Supp. 945 (D. Ariz. 1990); Douglas v. United States, C 03-04518 JW, C04-05357 JW (N.D. Cal 2006); Executive Risk Indemnity, Inc. v. Jones, 89 Cal. Rptr. 3d 747 (2009).

Representative Workouts

O’Connell Ranches [Sonoma County] 1980-90
Represented family owning dehydration business in Sebastopol in dispute with Bank of America to save family business, homes and farms from foreclosure when bank failed to provide long term financing upon conclusion of providing construction financing for new apple drying plant, including obtaining of injunctive relief from United States District Court, Northern District of California pending the trial. Kruse v. Bank of America (supra.) is California’s most cited case on lender liability issues. The dispute resulted in prolonged litigation that was necessary to obtain a fair settlement. The family was able to retain the family orchard and homes.

Conlan Ranches [Monterey/Santa Clara Counties] 1986-89
Represented strawberry farmer in dispute with Wells Fargo Bank resulting in complete offsetting of outstanding loans with judgment against bank and protection of over 2000 acres of farming land in Monterey County, with representations in both the the United States Bankruptcy Court in San Jose and the Superior Court of Monterey. The Conlan farms were the largest strawberry operations in Northern California.

Andreotti Ranches [Colusa County] 1986-88
Represented largest family owned farming operation in attempt by Bank of America to foreclose on family ranches and gas rights. Protracted negotiations ended in a settlement transferring over 100,000 acres of ranches in settlement of $30+ million debt and complete retention of historic family properties and homes as well as gas rights on all properties.

La Macchia Farms [Monterey County] 1987-89
Represented owners of family farming operation in foreclosure litigation by Production Credit Association. Settlement resulted in saving of entire operations and writing down of subject loans.

Bertuccio Farms [San Benito County] 1990-92
Represented farming owner in San Benito County in dispute with Bank of America after bank called loans that were subject of over 30 years of banking relationship. Settlement resulted in preserving of farming operations and return to normal credit relations.

Colorspot Corporation [Contra Costa County] 1996-98
Represented former CEO and founding owners in securing return of controlling ownership of nursery operations after PacifiCorp obtained ownership under stock pledge allegedly violated. Total control was restored to founding family and corporation through negotiations and the company now has grown to be one of the largest wholesale suppliers of plants in the United States.

Sun Valley Rice [Colusa County] 2003-06
Represented founders of newest rice production and drying facilities in Northern California in workout with Wells Fargo Bank to forestall takeover of operations of fledgling company by bank. Negotiations resulted in bank being paid in full and replacement with new bank, and family company grew to be one of the largest producers in the area, eventually merging with Toyota Corporation.

Indian Springs Vineyards [Sacramento/Nevada County] 2004-07
Represented owner/founder of largest vineyard winery operation in Nevada County in attempt to foreclose by Premier West Bank. Appeared as special counsel in Chapter 11 proceedings and accomplished complete workout with banks and full payment of all creditors, including restoration of normal operations of Winery.

Dennis Ball Family [Sacramento/Nevada County] 2008
Represented principal of vineyard/winery in action against federal government and Premier West Bank for violation of settlement agreement by recovering from surety after settling with principal obligor. Pursued administrative actions against Government followed by civil action in United States District Court, Eastern District of California, with favorable settlement obtained through mediation.

Tax Shelter Fraud [United States District Court, Northern District of California] 2004-2011.
Represented high net worth individuals placed in major institutional investments formulated by major banks and accounting firms with alleged tax benefits that were illusory to dupe clients into purchasing programs. Cases mediated to benefit of clients allowing recovery of damages including fees paid for fraudulent programs resulting in over $30 million in private settlements.