Our Firm
Vianale & Vianale LLP focuses its law practice on representing investors in class and derivative actions under federal and state securities laws. Federal and state courts in Florida and elsewhere have appointed us to serve as lead plaintiff’s counsel in securities fraud class actions. We are also often appointed to serve as liaison counsel in securities fraud class actions filed in Florida’s federal courts. A representative list of the firm’s lead and liaison counsel appointments is provided below.
The firm’s partners, Kenneth J. Vianale and Julie Prag Vianale, have extensive courtroom experience in both civil and criminal cases. Mr. Vianale has over 20 years of experience in the area of securities litigation, including five years during which he focused on securities cases as a federal prosecutor in New York. We are proud of our record of service to shareholders and the court in the role of lead and liaison counsel in these important cases.
Significant Cases and Counsel Appointments
Since our opening in 2003, we have served as lead or liaison counsel in many securities cases in state and federal court. We were one of four law firms that prosecuted an important shareholder derivative suit in Florida, Klein v. Broadhead, Case No. 02-20170-CIV-GOLD (S.D. Fla.). The suit, brought under Florida state law, challenged the findings and conclusions of a Special Litigation Committee of FPL Group, Inc. that sanctioned the receipt of millions of dollars in compensation by nine top FPL executives as “change in control” payments in connection with FPL’s abandoned merger with Entergy Corporation in 2001. Plaintiffs alleged that the “change in control” payments that these FPL executives received were excessive, served no corporate purpose in light of FPL’s abandonment of the merger, and should be returned in part to the Company. The full facts of that case are set forth in Judge Gold’s opinion denying defendants’ motion to dismiss, Klein v. Broadhead, Case No. 02-20170-CIV-GOLD, 2004 U.S. Dist. LEXIS 919 (S.D. Fla. Jan. 20, 2004). The Court approved a $22.25 million settlement of the case.
We have served as court-appointed lead counsel in the following federal securities cases:
- Bielanski v. Salberg & Co., P.A. (Singing Machine Securities Litigation) (S.D. Fla.) (Zloch, J.)(as co-lead counsel, firm successfully settled Section 10(b) case on behalf of shareholder class)
- In re Saf T Lok Securities Litigation (S.D. Fla.)(Ryskamp, J.)(as sole-lead counsel, firm settled Section 10(b) case with claimants receiving 100% of recognized losses)
- In re Commercial Consolidators Sec. Litig. (S.D. Fla.)(Moore, J.)(as co-lead counsel firm successfully settled Section 10(b) case)
- In re FAO, Inc. Sec. Litig. (E.D. Pa.)(Baylson, J.)(as co-lead counsel, firm successfully settled Section 10(b) case)
- In re Hamilton Bancorp, Inc. Sec. Litig., (S.D. Fla.) (Martinez, J.)(as co-lead counsel, firm successfully settled Section 10(b) case)
- In re Tower Automotive Sec. Litig. (S.D.N.Y.)(Sweet, J.)(firm appointed to serve as co-lead counsel in Section 10(b) litigation)
- Davidco Investors LLC v. Anchor Glass Container Corporation (M.D. Fla.)(Bucklew, J.)(as co-lead counsel, firm successfully settled Section 11 and 10(b) claims for $ 5.5 million).
- Culp v. Gainsco, Inc. (N.D. Tex.)(Means, J.)(as co-lead counsel, firm successfully settled Section 10(b) claims for $4 million)
- In re ProNetLink Securities Litigation (S.D.N.Y.)(Owen, J.)(firm appointed to serve as co-lead counsel in Section 10(b) litigation)
- Mahoney v. Andrews (E med Soft Securities Litigation)(E.D. Ohio)(firm appointed to serve as co-lead counsel in Section 10(b) litigation)
- In re Recoton Corporation Sec. Litig. (M.D. Fla.)(Antoon, J.)(firm appointed to serve as co-lead counsel in Section 10(b) litigation)
- Finkelstein v. Ball (Forward Industries Securities Litigation) (S.D. Fla.)(Ungaro, J.) (firm appointed to serve as co-lead counsel in Section 10(b) litigation)
The firm has been appointed by Judges in the Southern District of Florida to serve as liaison counsel in the following federal securities cases:
- In re Andrx Corporation Sec. Litig. (S.D. Fla.)(Martinez, J.)
- In re Mastec Inc. Sec. Litig. (S.D. Fla.)(Moreno, J.)
- Mazur v. Lampert (Concord Camera Securities Litigation)(S.D. Fla.)(Lenard, J.)
- Stevens v. Globetel Communications Corp. (S.D. Fla.)(Altonaga, J.)
- Lowry v. Andrx Corporation (S.D. Fla.)(Dimitrouleas, J.)
We have also represented shareholders in breach of fiduciary duty actions against the boards of various companies prosecuted in state courts, including the following:
- Lasker v. Kanas (NorthFork Bancorporation) (Sup. Ct. N. Y. County)(as co-lead counsel, firm settled shareholder lawsuit for $20 million and equitable relief)