Lucus represents clients in a wide variety of matters in state and federal courts and administrative agencies across the country, with an emphasis on complex commercial disputes and class-action defense. Whether representing a large national corporation or a small Maine business, Lucus focuses on developing a detailed understanding of his clients and their businesses in order to obtain favorable results in a practical and efficient manner.
Lucus currently serves as lead litigation counsel for the State of California in its long-standing challenge of certain long-term power purchase agreements before FERC, arising during California’s 2000-2001 energy crisis. Lucus is responsible for the expert case and establishing that wide-spread market manipulation impacted forward power prices.
Lucus also currently serves as counsel to a major national bank in a series of class actions related to checking overdraft practices consolidated in an MDL proceeding in the Southern District of Florida. He also represents three owners of former nuclear generating plants in cases filed in the Federal Court of Claims seeking recoveries from the Department of Energy for its refusal to remove spent nuclear fuel from the plants' sites. In addition to this work, Lucus routinely represents policyholders in insurance coverage disputes, including a recent recovery of more than $8M in proceeds for a warehouse business suffering a catastrophic fire loss.
Recently, Lucus played a key role in a recent trial victory in Utah State Court, in which Pierce Atwood obtained a $54.4M verdict for a major ski resort in a breach of contract dispute.
Lucus has extensive experience working with clients to effectively manage large-scale electronic discovery.
Lucas's Unlikely Legacy: The Rise of Background Principles as Categorical Takings Defenses, 29 Harvard Environmental Law Review 231 (2005) (co-authored w/ Michael C. Blumm).
The Pioneer Spirit and the Public Trust: The American Rule of Capture and State Ownership of Wildlife, 35 Environmental Law 673 (2005) (co-authored with Michael C. Blumm).
The Failure of the National Historic Preservation Act in the Missouri River Basin and A Proposed Solution, 9 Great Plains Natural Resources Journal 1 (2005).