Bradford G. HughesBradford Hughes Clark Hill
Bradford G. Hughes
Bradford Hughes is an accomplished trial lawyer that also counsels commercial and transportation businesses on the management and avoidance of risk.
Brad is counted on by Fortune 500 companies, closely-held businesses, emerging upstarts, and individuals facing litigation. Outside of the courtroom, Brad is devoted to meeting the needs of growing and established businesses.
Representing businesses worldwide, Brad collaborates with clients to achieve profit-maximizing results, including artful management of client time, resources, and human capital, resulting in client saving/recovery of tens of millions of dollars. Brad has experience handling matters in intellectual property, cyber litigation, contractual disputes involving trade secrets/non-solicitation/non-competes, real estate disputes, and fiduciary/shareholder matters.
Brad defends clients in catastrophic accidents, including wrongful death and severe and mild traumatic brain injuries. He defends motor carriers across the nation, bringing proficiency with the Federal Motor Carrier Safety Regulations and experience in managing emergency accident response teams. Brad also defends class action lawsuits including those arising out of the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and employee classification issues following California’s AB5 independent contractor law. His experience in managing large class action cases includes defeating efforts at obtaining certification, resolving cases before certification, and defending cases where certification was achieved.
Wells Fargo v. Baker (2012) 204 Cal.App.4th 1063
Bradford represented Wells Fargo Bank, NA who sued California residents pursuant to California's Sister State and Foreign Money-Judgments Act. The California residents filed a Motion to Vacate the judgment on the grounds that Wells Fargo improperly availed itself of Iowa's long-arm statute as the bank was not a "resident of Iowa" and thus could not utilize the long-arm statute for service of process. The superior court granted the motion and vacated the judgment. The Court of Appeal reversed and remanded, holding that the requirement that foreign corporations hold a certificate of authority to qualify as a "resident of Iowa," as it pertained to national banks, was preempted by the National Bank Act because it infringed upon the power of a national bank to sue as fully as natural persons. The Court ordered that Judgment be entered in favor of Wells Fargo for $998,111.15.
Pun & McGeady, et al. v. Marcum LLP - Court of Appeals of California, Fourth District, Division Three - 2019 WL 2284727
Bradford represented Marcum LLP at trial, and on appeal, against a complaint filed by Ken Pun and Pun & McGeady, LLP (Plaintiffs) regarding a 71-page purchase agreement by which Marcum sold to plaintiffs’ various assets and rights. The purchase agreement contained several noncompetition provisions, which Plaintiffs sought to rescind. Following a bench trial, the trial court determined the noncompetition provisions were unenforceable but severable, and consequently the court enforced the remainder of the purchase agreement. The court awarded Marcum royalties under the purchase agreement along with the attorneys’ fees and costs that had been incurred in the litigation over the purchase agreement in the total sum of $734,836. In a unanimous decision, the Court of Appeal affirmed the ruling of the trial court and concluded that the invalid provisions of the purchase agreement were properly severed, and Plaintiffs did not have standing to sue for unfair competition.
- Successfully defended dispute regarding breaches of fiduciary duty in a closely-owned business arising out of complex debt structuring disagreement.
- Successfully advised clients through COVID-109
- Defended start up business against claims of breach of contract and misappropriation of trade secrets.
- Prosecuted breach of contract case against professional services provider resulting in more than $2,500,000 recovered for client.
- Prosecuted UCC-secured rights on behalf of creditor recovering more than $1,000,000 in assets.
- Successfully defended a debt-collector against claims of defamation and misappropriation of consumer accounts involving numerous debt-collection entities and Federally chartered credit union.
- Obtained defense verdict in TCPA case involving dispute over use of an auto-dialer to collect consumer debt.
- Successfully resolved FDCPA class action in pre-litigation settlement hearing.
- Advised clients on restructuring of labor classification and avoidance of potential Private Attorney General Act claim.
- Successfully defended numerous wrongful death cases involving passenger vehicles, motorcycles, pedestrians, buses, and warehousemen.
- Defended traumatic brain injury and mild traumatic brain injury cases involving OSHA-involved disputes, commercial motor vehicles and loading dock accidents.
- Defended motor carriers in catastrophic personal injury actions, including permanent disability, amputee, and paraplegic matters.
- Successfully prosecuted subrogation matters involving workers’ compensation liens, property damage, and contribution recovery.
- Counseled clients on credit structuring and bankruptcy matters, including presentation of creditors in Chapters 7, 11 and 13 proceedings, including before the Ninth Circuit Bankruptcy Court of Appeal.