D. Brad Hughes is a partner at Jimerson Birr, P.A and practices in various areas with a focus on business litigation, construction litigation, business torts, community association law and appeals. He is AV® rated by Martindale Hubbell, recognized by his peers as having the highest level of ethical standards and professional ability. Prior to joining Jimerson Birr, Mr. Hughes gained extensive and diverse experience at a Jacksonville firm focusing its practice on business litigation. Mr. Hughes represents businesses, community associations and individuals in both simple and complex disputes. Mr. Hughes has experience in matters, including but not limited to, prosecution and defense of construction defects, business shareholder/member disputes, prosecution and defense of business frauds arising from the sale/purchase of a business or business assets, defending and prosecuting punitive damage claims, defending class action claims, community association assessment disputes, community association turnover and community associations disputes arising from developers selling/assigning their developer rights.
Mr. Hughes is a Jacksonville native. Upon receiving a Bachelor of Arts in Psychology and Sociology from the University of North Florida, he was employed by Merrill Lynch for several years. During that time, he acquired a Series 7 and Series 63 license. Mr. Hughes then decided to forego a budding career in corporate America to pursue a career in the courtroom. He attended the University of Miami School of Law where he received a Juris Doctorate, cum laude.
Mr. Hughes is a member of the Jacksonville Bar Association, St. Johns County Bar Association, and Christ Church-Mandarin. He is a former board member of the St. Augustine Humane Society and Julington Creek Plantation Property Owners’ Association.
Mr. Hughes happily resides in Julington Creek with his wife Rachel and children Bryson and Rhilyn. In his free time, Mr. Hughes enjoys family time, relaxation and playing golf with his son.
Bar and Court Admissions
- The Florida Bar
- U.S. District Court – Middle District of Florida
- University of Miami, J.D., cum laude
- University of North Florida, B.A. Double Major Psychology/Sociology
- The Florida Bar, Member of Business Law Section, Appellate Practice Section, Real Property & Probate Law Section
- Jacksonville Bar Association (Commercial Litigation Committee and Solo Practioner/Small Firm Committee)
- St. Johns County Bar Association
- Julington Creek Plantation Property Owner’s Association—Former Vice President
- St. Augustine Humane Society—Former Board Member
- Rotary Club of Bartram Trail—Former Member
- Represented Condominium Association in Arbitration Claim against the Developer that exceeded $3 Million.
- Represented Condominium Association in legal action against the Builder that exceeded $5 Million.
- Represented Subcontractor in claim against General Contractor on a transfer bond.
- Represented Developer in regards to quiet title action on a recorded right of first refusal.
- Represented Contractors and Subcontractors in regards to DBPR investigations.
- Represented Contractors and Subcontractors in regards to investigations from the Department of Financial Services.
- Represented Contractors and Subcontractors in regards to investigations from the State Attorney General.
- Obtained successful settlement for a Bed & Breakfast in claim against contractor for improper installation of wood siding.
- Obtained successful settlement for home owner in claim against big box home improvement store for defective installation of vinyl siding.
- Defended and prosecuted many claims of lien.
- Advised both residential and commercial real property owners of the correct statutory procedure for terminating a contractor and recommencing construction with a new contractor.
- Hired by materialmen to contact the State Attorney and compile a package of documents demonstrating the general contractor committed a felony by falsely stating everyone had been paid in full when in fact many materialmen and tradesmen were not paid at all. The State Attorney prosecuted and convicted the contractor and probation required payment of restitution.
- Handled numerous shareholder disputes involving closely held entities.
- Represented numerous clients in business torts in which we successfully obtained leave to amend claims to add punitive damages.
- Represented business in Fraudulent Deceptive and Unfair Trade Practices Act litigation brought by the State Attorney General in which the Attorney General had frozen all of the assets of the business and was asserting claims exceeding $10 Million.
- Successfully negotiated settlement in copyright infringement suit in which Plaintiff was seeking approximately $700,000 for alleged infringements.
- Obtained successful settlement, valued at over $300,000, on behalf of a minority member in a limited liability company that attempted to purchase a controlling interest in a failing car dealership franchise. Resolution of the case required appearances in Florida State Circuit Court, U.S. District Court in Atlanta and U.S. Bankruptcy Court in Orlando.
- Defended local business owner in a four day bench trial conducted in U.S. District Court in Wilmington, Delaware, regarding alleged fraud in the attempted sale of a business.
- Represented a local business supplying products, marked with valuable U.S. Registered Trademarks, to national retail chains such as Wal-Mart, Gander Mountain and West Marine against a business located in the United States that was infringing on a U.S. Registered Trademark by ordering products with counterfeit marks from a Chinese Supplier and distributing them in Europe and Asia. The infringing business argued that U.S. Trademarks were inapplicable because the products with the counterfeit marks never touched U.S. soil. After extensive research, a successful settlement was obtained, including injunctive relief, as U.S. Trademark Law applies extraterritorially when the counterfeit products are ordered by United States citizens working for a United States business ordering the counterfeit products from U.S. soil.
- Successfully settled a copyright infringement case in which the allegation was that there was infringement upon a copyright registered with the U.S. Copyright Office.
- Obtained successful settlement in defense of legal malpractice claim arising from claim that legal advice led to loss of business investment and criminal arrest.
- Successfully defended business owner by obtaining a zero judgment in proceedings supplementary in which a judgment creditor tried to pierce the corporate veil of a business and obtain a personal judgment against the business owner.
- Part of a legal defense team that defended an automotive group in a class action Fraudulent, Deceptive and Unfair Trade Practices Act claim stemming from fees charged by the automotive group in the sale of automobiles.
- Part of a legal defense team that defended an attorney in a class action Fraudulent, Deceptive and Unfair Trade Practices Act and RICO claim stemming from advice given to business in the internet café industry.
- Obtained judgment in excess of $150,000 against seller of residential property for fraudulently failing to disclose to buyer substantial water damage to an oceanfront home.
- Obtained successful settlement against developer in claim for compensatory and punitive damages arising from the failure to disclose illegal fill in wetlands.
Condominium and Community Association Law
- Represented Developer in claims from the Department of Business and Professional Regulation and individual homeowners alleging failure to timely turnover the association to the members.
- Represented numerous Associations in construction defects claims.
- Represented Associations on Eminent Domain claims.
- Represented numerous Associations with their collection claims.
- Represented Condominium Association in substantial negotiations with a contractor that had received an assignment of rights, from the developer, to build 65 units within the condominium. Negotiated payment of assessments and a cost share agreement.
- On several different occasions, obtained successful settlement for condominium unit owner (including cost of repair, loss of use and attorney’s fees) in claim against the association for failing to properly maintain the exterior common elements of the condominium. The failure to maintain the exterior common elements caused water damage to the interior of the condominium unit.
- Represented Condominium Associations in bank foreclosure actions to ensure the Association collects (from the bank) the maximum assessment allowed by Florida Statutes.
- On several different occasions, represented homeowners in defending lien foreclosure claims brought by Associations.
- Represented Marina Association in the reduction of number of slips in the marina.
PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME