Joseph A. Sacher
- Commercial Litigation
- Securities Litigation
- Government Regulatory & Administrative Law
- Banking & Finance
Joseph A. Sacher is a partner in Gordon & Rees’ Miami office and a member of the Securities Litigation, Commercial Litigation, Appellate, Government Regulatory & Administrative Law, and Banking & Finance Practice Groups. Mr. Sacher has extensive litigation, trial, and appellate experience in securities and complex commercial litigation in State and Federal courts.
Mr. Sacher represents individuals, businesses, accountants and accounting firms, professionals, and financial institutions in general and complex, multi-million-dollar civil litigation as both plaintiffs and defendants. He has successfully defended accounting firms in shareholder and professional liability disputes; has been recognized for obtaining the third largest Florida Jury Verdict in 2013 in the category of Contract Disputes; and has obtained an attorneys’ fees award in excess of $1 Million.
He has been recognized by his peers in the area of Securities Litigation and has extensive securities litigation experience, particularly in connection with investigations and enforcement actions brought by the U.S. Securities and Exchange Commission ("SEC") and the Financial Industry Regulatory Authority (“FINRA”). He has advised and successfully defended numerous individuals, entities, local, regional and public companies, as subpoena recipients, subjects/targets in the early stages of SEC and FINRA enforcement investigations, and defendants in full-blown enforcement actions brought by the SEC, through trial and appeal.
Separate from his experience in general and specialized litigation matters, Mr. Sacher also acts as outside counsel to various types of business entities, providing general advice, assisting with corporate documentation, advising on regulatory compliance, and acting as a liaison to State and Federal regulatory authorities, with a particular emphasis on crisis management and avoidance.
St. Louis, et al. v. Bailey, et al. (Fla. Sup. Ct. 2019) – Appeal of first impression disgorgement damage issue concerning $240 million in disgorgement damages, contrary to findings of trial court after bench trial and two subsequent appeals.
JetSmarter, Inc. (AAA 2019) – Co-counsel in Florida opt-out arbitrations of AAA nationwide class action, and related litigation enforcing arbitration clauses.
Perez Trading Co. v. Berkowitz Pollack Brandt Advisors and Accountants, LLP (Miami-Dade Complex Court and Third District Court of Appeal 2019) – Co-lead trial and appellate counsel for accounting firm for alleged professional negligence from 1992 to 2015 during which time a senior manager was convicted of false invoice scheme that resulted in theft of over $9 million from employer. The dispute amicably settlement.
Ricketts v. Imerys Talc America (Fla. 4th DCA 2018 and related statewide litigation) – Obtained first impression Florida appellate decision finding lack of personal jurisdiction over foreign material supplier. This resulted in multiple trial court dismissals in nationwide litigation.
SEC v. McKelvey (S.D. Fla. 2018) – Defeated SEC’s request for permanent lifetime officer and director bar against defendant who was convicted in earlier resolved criminal action involving “blank check company” fraud scheme.
National Exchange Service Ltd., et al. v. Cory Robins, et al. (Miami-Dade Complex Business Division 2018) – Lead defense counsel attorney and law firm in action seeking more than $150 million in damages for purported role in alleged international theft of funds, before amicably settling the dispute.
Ishow.com, Inc. v. Lennar Corp. (U.S. Dist. Wash. 2017) – Member of joint trial team in litigation and Federal Jury trial involving dispute over Trademark with potential damages of over $500 million, before amicably settling the dispute.
Lopez v. Flores (Miami-Dade Circuit Civil, Probate, Guardianship, Family, and Third District Court and Supreme Court appeals, 2015-2018) – Co-lead counsel in complex, multi-year, and multi-million-dollar trust litigation involving coordinated litigation in four divisions of Circuit Court, as well as multiple successful appeals to District (including disqualification of counsel) and Supreme Courts, before amicably settling all litigation.
In the Matter of Ireeco LLC and Ireeco Limited, Respondents (SEC Administrative Proceeding 2015) — Partially settled first non-fraud SEC action in EB-5 industry, involving alleged Section 15(a) alleged violations of broker-dealer registration provisions of Securities Exchange Act of 1934 against U.S. and Hong Kong LLCs; avoiding any claims against the entities’ principals, and preserving the right to litigate SEC disgorgement and penalty claims.
National Pension Consultants, Inc. (SEC Admin. 2014) Lead counsel for trader and company defending alleged conduct in connection with alleged $9 billion bond trading scheme, including Wells Submission and Wells Arguments to California-based Regional Directors, Branch Chiefs, and ultimately Chief of Enforcement in Washington DC. The dispute was amicably settled.
Nature's Products, Inc. v. Natrol, Inc. and FCC Products, Inc. (S.D. Fla. 2013) — Represented Defendant/Counterclaimant Natrol, Inc. Obtained partial Summary Judgment on liability for breach of indemnity agreement and breach of implied warranty of merchantability, arising from an FDA Class 1 Recall of client's Protein Powder Products, reserving damages determination for Jury. Subsequently obtained Jury Verdict, following a two-week trial, in the amount of $3,272,705, based on breaches of indemnity agreement, manufacturing contract, express warranty, and implied warranty of merchantability. Obtained additional award of $1.2 million in attorneys’ fees and related expenses post-trial.
SEC v. Kramer (M.D. Fla. 2011) — Successful defense of SEC lawsuit alleging unregistered broker-dealer activity, following two-week bench trial and appeal. The Kramer decision is one of, if not the leading decision on the standard for Unregistered Broker-Dealer liability, and is routinely cited in court filings and secondary sources, including Wright & Miller's Federal Practice and Procedure treatise.
SEC v. Merkin (S.D. Fla. 2012) — Obtained orders directing U.S. Securities and Exchange Commission to submit to Rule 30(b)(6) deposition, overruling SEC's Objections to Magistrate Judge's Order Permitting a Rule 30(b)(6) deposition of the SEC, and denying SEC's motion to stay the deposition.
Compania de Elaborados de Café v. Cardinal Capital Mgmt., Inc. (S.D. Fla. 2003) — Obtained summary judgment of dismissal in successful defense of brokerage firm against lawsuit by non-customer for alleged conversion and fraud. The decision is routinely cited in the Southern District of Florida in matters involving fraud.
Kast v. Tube Media Network, et al. (Broward County Business Court 2011) — Successfully defended CPA firm in multi-million dollar investor suit against defunct cable television station, its officers and directors, and outside accounting firm, by obtaining dismissal with prejudice of Third Amended Complaint against Weinberg & Co., CPAs, and recovering attorneys' fees, pursuant to Florida's Securities and Investor Protection Act.
Imerys Talc America v. Ricketts, 262 So. 3d 799 (Fla. 4th DCA, 2018)
Conde v. Webcollex, LLC, 752 Fed. Appx. 935 (11th Cir. 2018)
Lopez v. Flores, 223 So. 3d 1033 (Fla. 3d DCA 2017)
McMillin v. Scarola, 205 So. 608 (Fla. 4th DCA 2016)
Bovarnick v. Kohler Co., 2016 Fla. App. LEXIS 11486 (Fla. 4th DCA 2016)
Flores v. Lopez, 197 So. 3d 594 (Fla. 3d DCA 2016)
SEC v. McKelvey, 2015 U.S. Dist. LEXIS 186196 (S.D. Fla. 2015)
Nature's Products, Inc. v. Natrol, Inc., et al., 2013 WL 7738172, --- F.Supp.2d --- (S.D. Fla. 2013)
SEC v. Merkin, 283 F.R.D. 699 (S.D. Fla. 2012)
SEC v. Merkin, 283 F.R.D. 689 (S.D. Fla. 2012)
Landmark Am. Ins. Co. v. Moulton Props., 440 Fed. Appx. 788 (11th Cir. 2011)
SEC v. Kramer, 778 F.Supp.2d 1320 (M.D. Fla. 2011), and appeal dismissed, December 2011
Ferdie v. Isaacson, 8 So. 3d 1246 (Fla. 4th DCA 2009)
VOIP, Inc. v. Rivas, 935 So. 2d 17 (Fla. 4th 2006)
Biomarine Techs., Inc. v. Moulton Props., 933 So. 2d 523 (Fla. 1st DCA 2006)
Ubuy Holdings, Inc. v. Gladstone, 340 F.Supp.2d 1343 (S.D. Fla. 2004)
Compania de Elaborados de Café v. Cardinal Capital Mgmt., 401 F.Supp.2d 1270 (S.D. Fla. 2003)
U.S. v. Word, 129 F.3d 1209 (11th Cir. 1997)
Publications & Presentations
"The Public Company Accounting Reform and Protection Act: The Changing Landscape of Public Corporations and the Accounting and Law Firms Who Provide Them Services," The Florida Bar News, Sept. 1, 2002
"Don't Let It Tell You Otherwise: You Can Depose the SEC ... Sometimes (A Lesson for Private and Public Securities Litigators, as Well as the Judiciary)," The Federal Lawyer, December 2013 (Lead Feature)
"The Value of a Truly Great Indemnity Agreement: When Things Go Bad, Having the Right Business Contract Can Win Your Case, and Reimburse Your Litigation Costs, Including Attorneys' Fees," The Florida Law Journal, March 2014 (Guest Column)
Featured Panelist, American Inns of Court 2019 Bench & Bar Conference on topic of “Preparing the Key Witness for Trial,” the largest local bar meeting in the nation, attended by more than 4,000 judges and attorneys, March 2019
Instructor for National Judicial College’s Class Action Interactive Video Webcast: “To Certify or Not: That is the Question,” April 2018
Featured Panelist, 6th Annual Florida’s Grand Bench & Bar Conference on topic of “Managing & Handling Government Investigations,” the largest conference of its kind in the nation, attended by 1,300 judges and attorneys, March 2017
Moderator, The Florida Bar’s Practicing with Professionalism Judicial Panel, August 2016
Featured Panelist presenting legal perspectives on Whistleblower Laws at Ninth Annual Ethics Seminar – Moral Courage in Action, November, 2015
Organized meeting between Broker-Dealers and related Securities Industry Professionals and SEC Commissioner Kara M. Stein, held at the SEC's Miami Regional Office, January 2015
Moderator, Broker-Dealer Roundtable, hosted by Florida International Bankers Association ("FIBA"), August of 2013, with guest speaker, Sarah D. Green, Senior Director of Enforcement for FINRA
Co-Moderator, Broker-Dealer Roundtable, hosted by Florida International Bankers Association ("FIBA"), February of 2013
Co-Moderator, Broker-Dealer Roundtable, hosted by Florida International Bankers Association ("FIBA"), November of 2012
Co-Moderator, Broker-Dealer Roundtable, hosted by Florida International Bankers Association ("FIBA") and KPMG, June of 2012
Lecturer on Changes in the Securities Industry in the Current Economic Environment, as Well as Evolving Trends, FIBA Young Professionals Committee Educational Series, 2010
Lecturer on Accountants' Liability before various CPAs and Attorneys, 2004 - Present
Lecturer on Securities Litigation, Barry University Business School (International Finance), 2001
Georgia Bar (Inactive)
11th Judicial Circuit Grievance Committee, “A” (2016-2018, Chair 2018)
U.S. District Court Northern District of Georgia (Inactive)
U.S. District Court Southern District of Florida
U.S. District Court Northern District of Florida
U.S. District Court Middle District of Florida
U.S. Court of Appeals Eleventh Circuit
Georgia Bar (Inactive)
Federal Bar Association
Dade County Bar Association (Federal Courts Committee)
Florida International Bankers Association
J.D., The University of Alabama School of Law, 1997
B.A., Emory University, 1994
Top Rated Lawyers™ and AV® Preeminent™, Peer Review Rated by Martindale-Hubbell
Super Lawyers® Rising Star, Florida (2009)
Super Lawyers®, Florida (2016-2018)
Recognized by ALM® and Daily Business Review® for obtaining the 3rd largest Florida Jury Verdict of 2013 for Contract Disputes
Best Lawyers in America® distinction in Litigation – Securities (2015-2019)
Finalist for Dade County Bar Association’s Legal Luminaries Award in Securities, 2016