Mitchell E. Herr exclusively concentrates his legal practice in securities litigation, primarily SEC and FINRA enforcement matters. Mr. Herr frequently lectures on the defense of SEC and FINRA proceedings and resides in Holland & Knight's Miami, Florida office. Mr. Herr is a member of the following legal practice teams:
- Securities Litigation – defends corporate clients and their directors and officers, broker-dealer firms and registered investment advisers and their associated registered persons, mutual funds and hedge funds in SEC and FINRA matters, securities class actions, shareholder derivative lawsuits and FINRA arbitration claims.
- Financial Services and Compliance Services – counsels financial institutions, including broker dealers, registered investment advisers, mutual funds and hedge funds on SEC and FINRA compliance and enforcement matters.
- Corporate Governance – counsels corporate clients and their directors and officers on corporate governance issues including compliance with SEC requirements.
- Investigations and Compliance Services and Foreign Corrupt Practices Act – conducts internal corporate investigations and interfaces with the SEC and prosecutorial agencies.
- Financial Recovery Team – assists clients with the dramatic and unprecedented developments in the global financial markets. This interdisciplinary group of lawyers and professionals from around the country has significant experience in banking regulations, government contracts, finance, government relations, real estate, business issues and litigation. They will counsel clients on the issues and opportunities facing them during this uncertain time.
Mr. Herr joined Holland & Knight in 2000, after serving for more than five years as the chief trial counsel for the regional office of the SEC in Miami, Florida, where he was responsible for its litigation in eight states and two territories. At the SEC, Mr. Herr handled many significant and complex SEC cases, including several of first impression (listed below).
On the nomination of the SEC, Mr. Herr was appointed by a federal court to serve as Equity Receiver in SEC v. KS Advisors, Inc. et. al., Civil Action No. 2:04-CV-105-FtM-29 (M.D. FLA.), an SEC enforcement action concerning two failed hedge funds that had raised $10 million from investors.
While at Dickinson College, Mr. Herr was elected to Phi Beta Kappa in his junior year and was awarded a three-year Army ROTC full-scholarship. At the University of Chicago Law School, Mr. Herr served as an Associate Editor of the Law Review and was elected to the Order of the Coif.
Representative Engagements