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Daniel I. Small

Partner
Boston
t: 617-854-1453
Miami
t: 305-789-7788

Dan Small practices in the area of litigation, focusing on witness preparation, government and internal investigations, white-collar criminal law and complex civil litigation. He has extensive investigation, jury trial and other litigation experience.

Prior to entering private practice, Mr. Small was a prosecutor for the U.S. Department of Justice, during which time he tried RICO, corruption, financial and regulatory cases. Mr. Small received various awards and commendations for his work. He also was General Counsel for a publicly traded healthcare management firm, where he oversaw in-house legal and risk management staff, outside counsel, litigation, compliance, and facility, entity and physician contracting.

Mr. Small has written several books on litigation for the ABA, including Preparing Witnesses and Going To Trial, that are used in CLE programs he gives throughout the country, and was a Lecturer on Law at Harvard Law School. He is a frequent television, radio and newspaper commentator.

Mr. Small has represented witnesses, plaintiffs and defendants in a wide range of internal and external investigations, administrative proceedings, and civil and criminal litigation. These have included issues of healthcare, regulation, insider trading, revenue recognition and others.

Sample Representative Matters

  • Lead defense attorney for former Louisiana Governor Edwin Edwards
  • Counsel in a prominent SEC internet fraud case
  • Special Counsel to the Rhode Island Ethics Commission
  • Special Counsel to the Massachusetts House Ethics Committee
  • As General Counsel to a publicly traded healthcare management firm, oversaw in-house legal and risk management staff, outside counsel, PLI and other litigation, facility, entity and physician contracting
  • Outside General Counsel to a group of long term care companies

Professional Honors & Awards

  • Litigation Counsel of America, Fellow
  • Martindale-Hubbell AV Rated

Memberships

  • American Bar Association, Criminal Justice Section & Former Vice Chair, White Collar Crime Committee
  • The Florida Bar
  • Massachusetts Bar Association
  • Federal Bar Association
  • American Health Lawyers Association
  • Litigation Counsel of America

Speaking Engagements

  • "Powerful Witness Preparation," Pennsylvania Bar Institute Seminar, February 23-24, 2012
  • "Powerful Witness Preparation," Institute of Continuing Legal Education in Georgia, September 2010, December 2011
  • "Dan Small on Preparing Witnesses," MCLE Seminar, December 14, 2011
  • "Nipping the Hand that Feeds - Compliance Investigations of Senior Executives," ACC Annual Conference, October 24, 2011
  • "Powerful Witness Preparation: This Is Not A Conversation!" Litigation Counsel of America, Boston, MA, October 14, 2011
  • "The Ethics of Witness Preparation," Product Liability Advisory Council Fall Conference, October 7, 2011
  • "The Ethics of Witness Preparation," ALI-ABA Continuing Leadership in Professional Education Webcast, June 3, 2011
  • "Powerful Witness Preparation," Minnesota State Bar Association, April 7, 2011
  • "Effective Witness Preparation," Boston Bar Association, March 30, 2011
  • Visiting Faculty, Harvard Law School Trial Advocacy Workshop, January 2011
  • "Powerful Witness Preparation," Ohio State Bar Association, CLE, November 16-17, 2010
  • "Powerful Witness Preparation," CLE seminar series, August 12-13, 2010
  • "The Ethics of Witness Preparation," ALI-ABA Webinar, June 25, 2010
  • "Powerful Witness Preparation," Boston Bar Association, May 19, 2010
  • "Woodshedding Witnesses: Limits to What Could be One of the Law's Dirty Little Secrets," American Bar Association Litigation Section Teleconference, February 9, 2010
  • "Powerful Witness Preparation," The Louisiana State Bar Association's All You Need to Know About Commercial Litigation Seminar, October 23, 2009
  • "Powerful Witness Preparation," CLE Seminar, New Jersey, June 2009
  • Panelist, "Review of Money Laundering Basics: What You Need to Know," Boston Bar Association, Business Law Section, March 26, 2009
  • "The Attorney-Client Privilege for Business Lawyers," Client Presentation, February 2009
  • "'Piercing the Corporate Veil' – Owners (Stockholders) and Parent Companies are not Liable for the Acts of Subsidiaries Unless…," DRI's Nursing Home/ALF Litigation Seminar, September 4-5, 2008
  • Commentator, NewsNight, NECN, June 2008 - present
  • Panelist, "Qui Tam: What Business Lawyers Need to Know," American Bar Association's 60-Minute BLT LIVE Teleconference and Live Audio Webcast, June 11, 2008
  • "Powerful Witness Preparation: A Practical Guide for Lawyers and Their Clients," MCLE Seminar, June 11, 2008
  • Panelist, "Fighting Healthcare Fraud Through Medical Community Outreach," SFHHA Healthcare Summit, May 9, 2008
  • "Expert Witness Preparation," Lorman Education Services, September 2007
  • "Preparing Witnesses," Florida Healthcare Corporate Compliance Association, June 2006
  • "Insider Trading: Lessons From Martha," Client Presentation, April 2004

Published Articles & Books