Charles B. Upton II

C.B. Upton is the founder and principal attorney of Upton Law Firm. He has extensive experience handling litigation, appellate, alternative dispute resolution, and government matters.

BACKGROUND

C.B.’s experience includes a mix of government service and private practice with significant exposure to high-profile cases at the intersection of law and policy.

For many years, C.B. has maintained an AV Preeminent rating from Martindale-Hubbell, which is one of the country’s oldest and most prestigious attorney rating services . According to Martindale-Hubbell, “AV Preeminent is a significant rating accomplishment, a testament to the fact that a lawyer’s peers rank him at the highest level of professional excellence.”

Prior to entering private practice, C.B. held several important government positions. As General Counsel at the Florida Department of State, C.B. oversaw the Department’s litigation, advised the Secretary of State on policy matters, issued written legal opinions, and assisted in developing the Department’s legislative agenda. He is particularly proud of his work restructuring the Department’s legal office to provide higher quality representation at a lower cost.

As Deputy Solicitor General in the Florida Attorney General’s Office, C.B.’s practice focused on appellate litigation and policy matters of statewide importance. In this role, he represented a number of state officers, including the Governor, Speaker of the House, Senate President, and several agency heads.

C.B. had the honor of begining his legal career as a law clerk to the Honorable Eugene Siler of the United States Court of Appeals for the Sixth Circuit. In this role, he worked on federal appellate cases in the First, Third, Sixth, Ninth, Tenth, and Eleventh United States Circuit Courts of Appeals.

COURT ADMISSIONS

  • United States Supreme Court
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Court for the Middle District of Florida
  • United States District Court for the Northern District of Florida
  • United States District Court for the Southern District of Florida
  • All Florida State Courts and Division of Administrative Hearings

EDUCATION

  • Stetson University College of Law, JD
    • Law Review, Notes & Comments Editor
    • Moot Court Board
  • University of Tennessee, BA

SIGNIFICANT MATTERS

  • Member of national trial team representing multiple states in constitutional challenge to Affordable Care Act [State of Florida v. Sebelius]
  • Represented State of Florida in defense of three class action lawsuits seeking reimbursement for billions of dollars in property taxes [Deluccio v. Havill, Bruner v. Hartsfield, Lanning v. Pilcher]
  • Defended State of Florida in federal lawsuit challenging statute that provides Second Amendment protections to citizens while traveling to and from work [ Retail Fed’n, Inc. v. AG of Fla.]
  • Appeared as amicus curiae in Florida Supreme Court on behalf of State of Florida in case considering scope of bond validation proceedings [Strand v. Escambia Cnty.]
  • Represented Florida House of Representatives in defense of legislative redistricting plan [In re Senate Joint Resolution of Legislative Apportionment]
  • Defended commercial real estate developer against land use challenge to company’s plans to construct a power plant [Seminole Tribe of Florida v. Hendry Cnty.]
  • Defended bank accused of breaching various duties to commercial loan client [Superior Bank, N.A. v. SJ Realty Group, LLC]
  • Represented citizen in challenge to city commissioner’s legal ability to hold office based on residency grounds [Jackson v. Maddox]
  • Represented residential real estate developer through multi-million-dollar foreclosure actions, federal bankruptcy proceedings, and loan workouts
  • Represented Florida Elections Commission in several prosecutions of Florida Elections Code violations
  • Represented Florida Secretary of State in various election and campaign finance cases in state and federal court
  • Represented Florida law firm through investigation by Florida Attorney General
  • Represented for-profit university through investigation by Florida Attorney General
  • Represented real estate school through investigation by Florida Attorney General
  • Defended elected official facing criminal charges for misappropriating public funds
  • Represented various public officials before ethics commission and elections commission
  • Advised several public entities and officers on public records issues
  • Served as general counsel and member of Florida Attorney General’s 287(g) Joint Task Force on Immigration