Bradley's Bio

Brad Hutter is a Shareholder in FMJ’s Litigation and Bankruptcy & Insolvency practice groups. Brad represents business clients in litigation arising out of complex commercial transactions, fiduciary relationships, and business insolvencies. He has represented a diverse set of clients from the banking, real estate, retail, transportation, construction, and aviation industries. Brad’s experience includes defending multiple-plaintiff and putative class action claims in federal court.

Brad also advises business clients whose rights are affected by the actions of government agencies. Before joining FMJ, Brad served as an Assistant Attorney General in the Minnesota Attorney General’s Office. There, he tried administrative enforcement actions on behalf of his state agency client and defended state government officials and employees in litigation. At FMJ, Brad draws on this experience to advise businesses facing enforcement actions or investigations, as well as clients considering affirmative litigation against the government. He also brings his government experience to bear when clients find themselves in business disputes that are made riskier or more complicated by a regulatory or administrative law issue.

Brad is also a co-leader of FMJ’s E-Discovery practice group. Through FMJ’s relationships with trusted third-party vendors, he helps clients to efficiently and securely meet their discovery obligations while minimizing the disruption that discovery can cause to a business’ operations. He stays abreast of developments in e-discovery, and he is constantly looking for new ways to use new legal technology to benefit FMJ’s clients.

Outside of his law practice, Brad serves as Chair of the Board of Directors of the Minnesota Council on Economic Education. Founded in 1961, the MCEE seeks to equip Minnesotans with the economic and personal financial understanding needed to succeed in today’s complex economy.

Northwestern University (BA)
University of Minnesota Law School (JD)
Minnesota Law Review, Vol. 98, Articles Submission Editor

Minnesota
U.S. District Court, District of Minnesota
U.S. Court of Appeals, Eighth Circuit
U.S. District Court, Northern District of Illinois

Commercial Litigation

  • Obtained summary judgment for online sports merchandise retailer in breach of contract case involving computer forensic and forensic accounting issues
  • Defended California-based transportation company in breach of contract suit and obtained dismissal of claims leading to successful settlement
  • Obtained summary judgment for commercial landlord against manufacturer tenant for breach of lease, and prevailed over defenses involving eminent domain and administrative law issues
  • Defending Fortune 200 transportation and logistics company in multiple-plaintiff and putative class action commercial litigation in federal court
  • Representing minority owner of LLC asserting breach of fiduciary duty and statutory oppression claims against majority owners
  • Defending personal representative of estate in lawsuit alleging fraud and breach of fiduciary duty on the part of the decedent
  • Representing Florida-based aviation industry client in contract dispute in California state court
  • Defending foreign manufacturer in parallel product liability lawsuits venued in Washington and Michigan
  • Represented banking clients in various efforts to recover commercial loans and enforce related guaranties after defaults by borrowers

Government Matters

  • Successfully represented business clients in matters adverse to various federal agencies (FAA, OFAC, USDA, EPA) or state agencies (Labor & Industry, Pollution Control, Health, Education, Commerce, Attorney General’s Office)
  • Advised business clients regarding FOIA, MGDPA, or other open records laws

  • Minnesota Council on Economic Education, Board of Directors (Vice Chair, Chair)
  • Private Directors Association
  • Minnesota Association for Financial Professionals

“In every case, I work hard to account for all of the relevant facts, because cases sometimes turn on the smallest details. At the same time, I keep the big picture front and center. I take pride in providing credible, focused advocacy that advances my client’s ultimate business goals.”

Brad lives in southwest Minneapolis with his wife, Lorna Beth, and their four kids. After living in Minnesota for more than a decade, Brad is fully acclimated to life “up north,” but he has retained his allegiances to Chicago’s sports teams (Bulls, Bears, Cubs, Northwestern Wildcats). On Sunday afternoons in the summer, Brad and family can usually be found taking in concerts at the Lake Harriet Bandshell.

News About Bradley

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January 2024

Bradley Hutter Elected as Shareholder

Congratulations, Brad! Read more

August 2023

14 FMJ Attorneys Named to the 2024 Best Lawyers and Ones to Watch Lists!

We are proud to announce that 14 of our attorneys have been recognized in the 2024 editions of Best Lawyers in America® and Best... Read more

March 2023

Congratulations to Our Attorneys of the Year!

Several FMJ attorneys were recently recognized by Minnesota Lawyer Magazine as Attorneys of the Year for 2022.  Donald Chance Mark, Jr., David Runck, and... Read more

December 2022

Webinar January 19, 2023 – What to Expect When You are Sued

January 19, 2023: 12:00 p.m. to 1:00 p.m. Central Time – Please click here to register Join FMJ Attorneys Pat Rooney, Jamie Briones, and Brad... Read more

November 2022

CLE/Webinar – December 14, 2022: Attorney-Client Privilege and Dual-Purpose Advice: How Including Business Advice in Client Communications Affects Privileged Status

Pat Shriver and Brad Hutter have been invited to present a CLE/webinar through MyLaw CLE and the Federal Bar Association. The program will address... Read more

October 2022

The Minnesota Supreme Court Formally Adopts the Common-Interest Doctrine, Which Protects Against Waiver of the Attorney-Client Privilege and Work Product Protection

The “common-interest” doctrine is an important legal principle that enables parties with common legal interests to share information without waiving the attorney-client privilege or... Read more

September 2022

WEBINAR – Attorney-Client Privilege and Dual-Purpose Advice: Convincing Courts to Maintain Confidentiality

Tuesday, October 11, 2022 12:00 p.m. to 1:30 p.m. (CST) FMJ Attorneys Pat Shriver and Brad Hutter are presenting a webinar/CLE to address the... Read more

August 2022

The Minnesota Court of Appeals Potentially Expands the Scope of the Private AG Statute But Limits Its Applicability in the Health Care Context

The Minnesota Court of Appeals recently issued a decision in a putative class action lawsuit related to the Minnesota Health Records Act (“HRA Class... Read more

February 2022

“Mixed” Messages: The Perils of Mixing Business and Legal Information in Attorney-Client Communications

When Minnesota businesses hire lawyers, they expect to receive relevant, business-savvy legal advice that makes a measurable difference to their bottom lines. They also... Read more

March 2020

Governor Walz Signs Executive Order 20-10 on Price Gouging in Response to Excessive Prices Amid COVID-19

On Friday, March 20th, Governor Walz signed Executive Order 20-10 (“Order”) to combat price gouging during the COVID-19 peacetime emergency. This is one of... Read more

April 2018

Fafinski Mark & Johnson Welcomes New Litigation and Bankruptcy Associate Brad Hutter

We are pleased to announce that attorney Brad Hutter has joined our Eden Prairie office as an Associate in our Litigation and Bankruptcy &... Read more