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Gregory R. Aker

Principal

  • Telephone: (510) 835-9100
  • Facsimile: (510) 451-2170
  • Email: gaker [at] wulfslaw [dot] com

Biography

Gregory Aker, a principal with the Firm and member of the Litigation Department, specializes in the litigation and trial of complex business disputes. During his more than twenty-five years as a attorney, Mr. Aker's litigation practice has included almost every major area of the law.

Mr. Aker has represented clients in litigation involving business and commercial contract disputes, bankruptcy and creditors' rights, violation of state and federal securities laws, unfair competition, the protection of trade secrets, secured transactions and commercial law, real estate transactions and land use disputes, evictions and other landlord/tenant disputes, wrongful termination and employment discrimination. His diverse practice has included areas as wide ranging as personal injury, trusts and probate, maritime law, and patents and trademarks.  In addition to trials, arbitrations, and mediations, Mr. Aker has handled appeals in both the California Court of Appeal and in the Ninth Circuit Court of Appeals. 

In the area of construction law, Mr. Aker has handled major litigation involving a variety of construction projects nationwide, including courthouses, power plants, condominium developments, and hotels.  Mr. Aker has represented construction contractors, project owners, as well as architects and engineers, in litigation, arbitration and mediation. 
As counsel to state and national financial institutions for over twenty years, Mr. Aker has handled cases involving a wide variety of subject areas, including commercial loans, bankruptcy claims, foreclosures, transfer agent and other securities processing services, the defense of lender liability actions, claims over deposit accounts, checks, wire transfers and other bank operations matters, the interpretation and enforcement of factoring agreements, intercreditor agreements, and other commercial banking disputes.

Education

  • B.A., University Of Michigan, 1977, Cum Laude  
  • J.D., Hastings College of the Law, 1982, Cum Laude 

Affiliations

  • Member of the California Bar, 1982
  • Admitted to practice in the United States District Court for the Northern, Eastern, Central and Southern Districts of California, and in the Ninth Circuit Court of Appeals    
  • Litigation Section, State Bar of California
  • Bar Association of San Francisco
  • Alameda County Bar Association

Professional Experience

  • Northern California City
    Defense of City in federal court action involving federal and state securities fraud claims, brought by purchasers of $33 million in bonds issued in connection with completion of municipal telecom system.  The case is pending. 
  • 300-Unit Condominium Project
    Representation of large California home developer in terminating defaulting general contractor, and in prosecuting and defending contractor and subcontractor claims arising from termination, enforcement of owner’s rights under performance and payment bonds. 
  • Vineyard Development Contract
    Trial of contract dispute involving nationally-known ultra-premium winemaker, in defense of claims brought by vineyard developer for additional compensation outside of oral contract. 
  • Bankruptcy of International Construction Company
    Representation of institutional creditor holding over $50 million in secured debt, in Chapter 11 bankruptcy of multi-national construction company with over $1 billion in revenues.  
  • Architectural and Engineering Firm 
    Successful mediation of claims brought by engineers designing fiberoptic cable system in Pacific Northwest, against national telecommunications company. 
  • California Bank
    Defense of California-based national bank in litigation arising from sale of $5 million commercial loan secured by Southern California office building, in suit brought by disappointed purchaser.  
  • 750 MW Combined-Cycle Power & Steam Project 
    Defense of EPC contractor in multiple district court actions brought by owner seeking over $50 million in damages arising from engineering, procurement and construction of 750-megawatt combined-cycle power and steam plant; after successfully enjoining owner’s attempt to draw against $15 million project letter of credit, owner agreed to pay client’s overdue invoices in full and to withdraw litigation. 
  • National Shopping Center Developer 
    Defense of ground lease litigation involving compensatory and punitive damages in excess of $10 million; complete defense victory after ten-week trial, and affirmance in full on appeal; client awarded $1.2 million in attorneys' fees after trial plus fees on appeal. 
  • National Bank, Trustee 
    Defense of trustee under depositary trust agreement in federal class action involving a basket of publicly-traded stocks, including claims under federal securities laws and SEC regulations; motion to dismiss plaintiffs’ claims was granted in full.  
  • Major Insurance Carrier
    Suit by surety against major national insurance carrier, seeking reimbursement of over $10 million in defense and settlement costs related to cogeneration facility; summary judgment in client's favor granted on all claims. 
  • Three-hundred Member Homeowners' Association
    Principal litigation counsel in complex federal court land-use and bankruptcy litigation, involving $600,000 fraudulent conveyance claim and over $1 million in attorneys' fees; summary judgment granted in favor of homeowners' association by bankruptcy court, then by district court.
  • National Bank
    District Court litigation seeking recovery of $1.2 million overpayment of distribution under mortgage-backed security; negotiated settlement involving complete return of overpayment, with interest.