Kenneth Vianale

kvianale@vianalelaw.com
561-392-4750 office

Kenneth VianaleKenneth Vianale is a trial attorney focusing on complex civil, securities, and white-collar litigation.

Mr. Vianale began his career as an associate with Shearman & Sterling in New York City. He later served as an Assistant United States Attorney for the Southern District of New York (1988-1995). During that time, he worked principally in the Securities Fraud Unit and ended his tenure with the government as Deputy Chief of the Criminal Division. In 1992, he prosecuted U.S. v. Ostrander, and obtained the conviction of a former portfolio manager of Fidelity Investments charged with accepting unlawful compensation from Michael Milken. In 1993, Mr. Vianale led the government’s criminal investigation into alleged fraud in the sale of Prudential Securities’ public offerings of oil and gas limited partnerships. The innovative deferred prosecution agreement reached in this case, with the requirement that the defendant corporation follow rigorous conditions and retain a monitor to ensure compliance, is recognized as among the first such agreements reached between a prosecuting office and a corporation.

Mr. Vianale actively litigates complex civil actions, at the trial and appellate level, including actions on behalf of shareholders of public companies and other investors. He also defends individuals, businesses, and corporations in civil lawsuits, including actions alleging claims for trade secret theft, violations of the federal Consumer Protection Credit Act, and asset recovery or “claw back” claims brought by the SEC. He has been named in the 2014 Florida Super Lawyers and the 21st Edition of The Best Lawyers in America.


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Representative Matters 

 

Complex Civil:

Morse v. McWhorter, 290 F.3d 795 (6th Cir. 2002)
Helwig v. Vencor, 251 F.3d 540 (6th Cir. 2001) (en banc)
In re ArthroCare Corp. Securities Litigation, 726 F. Supp.2d 696 (W.D. Tex. 2010)
Board of Trustees of Gainesville Consolidated Police Officers’ & Firefighters’ Retirement Plan v. Montag & Caldwell, Inc., 821 So.2d 1251 (Fla. 1st DCA 2002)
SEC v. HKW Trading LLC, 2009 U.S. Dist. LEXIS 77215 (M. D. Fla. Aug. 14, 2009)
In re Tower Automotive Securities Litigation, 483 F. Supp. 2d 327 (S.D.N.Y. 2007)
In re Recoton Corp. Securities Litigation, 358 F. Supp.2d 1130 (M.D. Fla. 2006)
Davidco Investors v. Anchor Glass Container Corp., 2006 U.S. Dist. LEXIS 51261 (M.D. Fla. July 26, 2006)
• In re ProNetLink Securities Litigation, 2006 U.S. Dist. LEXIS 25069 (S.D.N.Y. April 27, 2006)
Klein v. FPL Group, Inc., 2004 U.S. Dist. LEXIS 919 (S.D. Fla. Jan. 20, 2004)
In re Saf T Lok, Inc. Securities Litigation, 2003 U.S. Dist. LEXIS 24737 (S.D. Fla. July 3, 2003)
In re PSS World Medical, Inc. Securities Litigation, 250 F. Supp.2d 1335 (2002)
In re Sensormatic Elecs. Corp. Securities Litigation, 2002 U.S. Dist. LEXIS 10715 (S.D. Fla. June 10 2002)
In re Hamilton Bancorp, Inc. Securities Litigation, 194 F. Supp. 2d 1353 (S.D. Fla. 2002)
• In re Unicapital Corp. Securities Litigation, 149 F. Supp. 2d 1353 (S.D. Fla. 2001)
In re Datastream Systems, 2000 U.S. Dist. LEXIS 1468 (D.S.C. Jan. 31, 2000)

Criminal/At the US Attorney’s Office, Southern District of New York:

U.S. v. Prudential Securities Inc. (created landmark precedent for Government appointment of an independent monitor to ensure broker-dealer’s compliance. See “The Corporate Monitor: the New Corporate Czar,” MICHIGAN LAW REVIEW, 2007 (Vol. 105, p. 1713, 1717), authored by Vikramaditya Khanna and Timothy L. Dickenson)
U.S. v. Ostrander, 999 F.2d 27 (2d Cir. 1993)
U.S. v. Quinones, 1990 U.S. Dist. LEXIS 1203 (S.D.N.Y. Feb. 7, 1990)
U.S. v. Sanchez, 912 F.2d 18 (2d Cir. 1990)
U.S. v. Zabare, 871 F.2d 282 (2d Cir. 1989)

Education

• J.D., St. John’s University School of Law, 1984, Notes and Comments Editor, ST. JOHN’S LAW REVIEW
• B.A., summa cum laude, St. Francis College, Brooklyn, New York, 1979

Admissions

• The Florida Bar, 1999
• New York State Bar, 1985
• Supreme Court of the United States
• U.S. Court of Appeals for the First Circuit
• U.S. Court of Appeals for the Second Circuit
• U.S. Court of Appeals for the Third Circuit
• U.S. Court of Appeals for the Fifth Circuit
• U.S. Court of Appeals for the Sixth Circuit
• U.S. Court of Appeals for the Seventh Circuit
• U.S. Court of Appeals for the Eleventh Circuit
• U.S. District Court for the Southern District of Florida
• U.S. District Court for the Middle District of Florida
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Eastern District of New York
• U.S. District Court for the District of Connecticut

Professional and Community Activities

• PLI Lecturer, New York City, Class Action Litigation, 2006-2009
• Lecturer, West Palm Beach (Lorman), Expert Testimony and Daubert, 2003
• Palm Beach County Bar Association Lecturer, West Palm Beach, Daubert and Scientific Evidence, 2010
• Florida Securities Institute Lecturer, Miami, Private Securities Litigation, 2010-2014