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Charles W. Throckmorton

Charles W. Throckmorton

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Overview

Charles Throckmorton focuses his practice on complex commercial litigation, class action defense, and employer-side employment disputes, with specific experience litigating cases involving trade secrets, software, breach of contract, vendor disputes, unfair competition, fraud, and cryptocurrency issues. In addition, Charles has represented financial institutions in lender liability and commercial foreclosure actions and frequently defends corporate clients in consumer class actions, including those involving the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), the Employee Retirement Income Security Act (ERISA), and the Fair Labor Standards Act (FLSA).

In the employment law context, Charles has represented clients in matters involving the FLSA, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and other statutes. Charles defends clients in cases involving wage and hour disputes, FLSA misclassification, and allegations of retaliation or discrimination, and also represents clients before the EEOC.

Charles represents clients in the consumer finance, banking, real estate, transportation, telecommunications, cryptocurrency, electronic gaming, and pharmaceutical industries. Charles has experience representing individual clients in FTC enforcement actions. He has state and federal jury trial experience, including as lead trial counsel, and has represented clients in arbitration proceedings.

Prior to joining Carlton Fields, Charles worked at the Peace Palace in The Hague, Netherlands, monitoring the International Criminal Court for the International Bar Association. A Miami native, he stays involved in the community through work with the March of Dimes and other organizations.

Experience

Commercial Litigation

  • Successfully represented art collector in federal suit to recover high-value paintings, involving claims for conversion, unjust enrichment, replevin, and violations of the Florida Deceptive and Unfair Trade Practices Act.
  • Obtained favorable settlement in representing individual defendant in first-of-its-kind Federal Trade Commission (FTC) cryptocurrency enforcement action.
  • Obtained judgment on behalf of national bank in multiday trial as lead trial counsel.
  • Obtained favorable settlement on behalf of title company in breach of contract, unjust enrichment, and negligent misrepresentation case against commercial seller concerning closing funds.
  • Defended, as a member of trial team, software company and executive in two-week trade secret and unfair competition trial resulting in a zero verdict.
  • Obtained favorable settlement and quasi-injunctive relief representing digital advertisement company against competitor.
  • Obtained favorable settlements representing telecommunications company in four simultaneous federal lawsuits seeking compensation from vendors involved in the deliberate exploitation of defective software.
  • Obtained dismissal with prejudice of all claims on behalf of national bank in federal class action seeking to quiet title to thousands of properties and void valid and enforceable notes and mortgages.
  • Defended software program manager in four-week federal jury trial involving trade secrets and defamation claims.
  • Represented national health care provider in noncompete and nonsolicitation litigation involving physicians practice groups.

Class Action Defense

  • Taylor v. Citizens Telecom Servs. Co., No. 8:20-cv-00509 (M.D. Fla. 2020) (ERISA/COBRA).
  • Diaz v. Chapters Health Sys., Inc., No. 8:18-cv-03052, 2019 WL 1498873 (M.D. Fla. Apr. 1, 2019) (FCRA/FACTA).
  • Sawyer v. Intermex Wire Transfer, LLC, No. 1:19-cv-22212, 2019 WL 8641365 (S.D. Fla. Sept. 13, 2019) (TCPA).
  • Luster v. Am. Sunshine, LLC, No. 1:19-cv-03192, 2019 WL 6908049 (N.D. Ga. Oct. 21, 2019) (TCPA).
  • Ezold v. TracFone Wireless, Inc., No. 1:20-cv-21346, 2020 WL 6144632 (S.D. Fla. Oct. 16, 2020) (TCPA).
  • Nicholson v. TracFone Wireless, Inc., No. 1:21-cv-22213 (S.D. Fla. 2021) (TCPA).
  • Brownlee v. Allstate Ins. Co., No. 1:21-cv-01428 (N.D. Ill. 2021) (TCPA).
  • Miller v. Allstate Ins. Co., No. 1:21-cv-01202 (M.D. Fla. 2021) (TCPA).
  • Livingstone v. Discount Filters, LLC, No. 0:19-cv-62131 (S.D. Fla. 2019) (TCPA).

Employment Litigation

  • Defended national insurance company in FLSA collective action, and defeated motion for conditional certification by plaintiffs.
  • Defended national employer in FLSA collective action involving alleged misclassification and unpaid wages.
  • Defended terminal operator in overtime and retaliation suit.
  • Defended telecommunications company against claims of wrongful termination.
  • Defended employer in EEOC investigation related to alleged age and disability discrimination.

Recognition

  • The Best Lawyers in America: Ones to Watch, Commercial Litigation, Litigation – Labor and Employment (2021–2023)

Professional & Community Involvement

  • American Bar Association
    • Business Law Section
  • March of Dimes
    • Board of Directors, South Florida Market
  • University of Virginia School of Law
    • Regional Fundraising Manager for Southeast Florida Alumni

Speaking Engagements

  • “Changes to Florida’s Telemarketing Statutes,” West LegalEdcenter/Thomson Reuters (September 2021)
  • “Esports Hits the Big Leagues,” Venture Cafe Miami, Miami, FL (January 2020)
  • Southern District of Florida Federal Court Observer Program (2015–2017)

Credentials

Education
  • University of Virginia School of Law (J.D., 2012)
    • Editorial Board, Virginia Journal of International Law
  • Duke University (B.A., 2008)
Bar Admissions
  • Florida
Court Admissions
  • Florida State Courts
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.