COMMERCIAL and BUSINESS LITIGATION
In addition to his extensive Securities Litigation practice, Joseph Sacher has nearly 20 years of continuous and varied experience litigating business, commercial, and related financial disputes in State and Federal Courts in Florida and throughout the country.
Representing businesses of all sizes, financial institutions and investment funds, national and international manufacturers, accounting firms and professionals, law firms and professionals, and entrepreneurs, Joseph Sacher has successfully prosecuted and defended multi-million dollar disputes, through trial and appeal.
ALM, Verdict Search and The Daily Business Review recognized Joseph Sacher for obtaining the third-largest Florida Jury Verdict of 2013 in the category of Contract Disputes. (Read More)
Mr. Sacher has substantial experience with the following types of matters:
- Commercial and Business Litigation
- Shareholder and D&O Litigation
- Partnership Disputes
- Breach of Contract and Warranty Litigation
- UCC Disputes
- Indemnification Agreements
- Contractual Attorneys Fees
- Statutory Litigation
- Securities Litigation
- Federal Class Action
- Florida Civil Theft Litigation
- Florida Deceptive and Unfair Trade Practices Act
- Recall Litigation
- Trade Secrets
- Insurance Litigation
- Commercial Property Hurricane and Windstorm
- Statutory Attorneys’ Fees
- Employment Litigation and Arbitration
- Non-Compete Enforcement
- Computer Fraud and Abuse Act Violations
- Broker-Dealer Employment Disputes
- Accountant / Accounting Firm Liability
- Professional Liability
- Third-party and Shareholder Litigation
- Attorney / Law Firm
- Professional Liability
- 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.
- 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.
- Nature's Products, Inc. v. Natrol, Inc., 2013 WL 7738172, --- F.Supp.2d --- (S.D. Fla. Oct. 7, 2013). Successfully obtained Summary Judgment Order establishing liability for counterclaims for breach of indemnity agreement and breach of implied warranty of merchantability, arising from an FDA Class 1RecallofCounterclaimant's Protein Powder Products, reserving damages determination for Jury.
- At trial, a Jury Verdict was entered on October 24, 2013, following a two-week trial, awarding approximately $3.3 million to Counterclaimant for breaches of indemnity agreement, manufacturing contract, express warranty, and implied warranty of merchantability; and awarding $747,433.93 to manufacturer for unpaid invoices.
- The Court subsequent found Counterclaimant's entitlement to attorneys’ fees and costs, awarding more than $1.2 million, in addition to the original Jury Verdict.
- Kast v. Tube Media, et al., (Broward County Circuit Court Complex Litigation Division). Successfully obtained dismissal with prejudice of multi-million dollar claims for negligence, Florida securities fraud, aiding and abetting breaches of fiduciary duty, common law fraud and conspiracy against international accounting firm, and obtained order of entitlement of substantial attorneys’ fees for accounting firm as prevailing party under Chapter 517, Florida Statutes.
- uBuy Holdings, Inc. v. Gladstone, 340 F.Supp.2d 1343 (S.D. Fla. 2004). Successful defense of large national accounting firm and small regional New York-based accounting firm in securities fraud class action, resulting in a dismissal with prejudice in favor of each firm, and an award of attorneys' fees and costs in favor of each firm under the Private Securities Litigation Reform Act of 1995 (“PSLRA”).
- CalPERs et al. v. Arthur Andersen, (U.S. District Court in Arizona). Member of team that successfully represented CalPERS and two large, private venture capital funds in a lawsuit against Arthur Andersen, involving accounting firm's failure to properly audit a company in which the Plaintiffs had invested tens of millions of dollars.
- Club Marketing v. Rachlin Cohen & Holtz, (Miami-Dade County Circuit Court). Successful defense of auditors in case brought by insurance holding company, resulting in summary judgment of dismissal, and recovery of all attorneys’ fees by contract.
- Additional representative cases available upon request.