Overview

Dan Small is a partner in Holland & Knight's Miami and Boston offices. He practices in the area of litigation, focusing on witness preparation, dispute strategies, 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.

Since 2013, Mr. Small has worked pro bono with lawyers and judges in Uzbekistan on reforming their judicial system and Rule of Law issues. This has included conducting workshops there on trial advocacy, speaking at public events and lecturing at Tashkent State University of Law. He has also spoken on Rule of Law issues with groups from Turkey and Russia.

Mr. Small has written several books on litigation for the American Bar Association, including Preparing Witnesses, Going To Trial and Lessons Learned from a Life on Trial, that are used in CLE programs he gives throughout the country. He was a Lecturer on Law at Harvard Law School. He is also a frequent television, radio and newspaper commentator, as well as the host of Holland & Knight’s Powerful Witness Prep Podcast Series and The Trial Lawyer's Handbook Podcast Series.

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 relating to government regulation, healthcare entities, education institutions, financial institutions and others.

Representative Matters

  • Successfully defended former Virginia Governor Bob McDonnell during the investigation, trial and appeal. After the U.S. Supreme Court issued a unanimous decision vacating the convictions, the Department of Justice dismissed all charges against the Governor.
  • Representing private equity firm against clawback claims for fraudulent transfer on one of its investment redemptions
  • 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
  • Lead defense counsel for former Louisiana Governor Edwin Edwards

Credentials

Education
  • Harvard Law School, J.D.
  • Harvard College, B.A., cum laude
Bar Admissions/Licenses
  • Florida
  • Massachusetts
Memberships
  • Regional Dialogue Advisory Council, Slovenia and Uzbekistan
  • Litigation Counsel of America, Senior Fellow
  • American Bar Association, Criminal Justice Section and former Vice Chair, White Collar Crime Committee
  • The Florida Bar
  • Massachusetts Bar Association
  • Federal Bar Association
  • American Health Lawyers Association
Honors & Awards
  • The Best Lawyers in America, Criminal Defense: White-Collar, 2013-2026
  • Massachusetts Super Lawyers magazine, 2018-2020, 2022, 2023
  • Holland & Knight Pro Bono All-Star, 2020, 2021
  • Guide to the World's Leading White Collar Defense Lawyers, Legal Media Group's Expert Guides, 2015
  • Martindale-Hubbell AV Preeminent Peer Review Rated

Multimedia

The Trial Lawyer's Handbook Episode 131 Thumb and Still Image
Podcast - There's More Than One Way to Win
tlh ep 130
Podcast - Reflections in the Courtroom: <em>State v. Faulkner</em>
The Trial Lawyers Handbook Episode 129 Multimedia Graphic
Podcast - All Eyes on the Client
tlh ep 128
Podcast - Not a Level Playing Field
TLH Ep 127 Thumb Still Image
Podcast – "Nature Abhors a Vacuum." So Does the Media
The Trial Lawyers Handbook Episode 126 Multimedia Graphic
Podcast - Cases Come in Many Ways
ep 125
Podcast - Victories and "Losses" in the Courtroom
TLH Ep 124 Thumb/Still
Podcast - Finding Humor in Law
TLH Ep 123 thumb/still
Podcast - Keeping Your Vessel Stable During Cross-Examination
TLH ep 122 thumb/still
Podcast - The Stability in Simplicity
TLH Episode 121 Thumb/Still
Podcast - Reading the Room
TLH Ep 120
Podcast - Respect in the Courtroom
Trial Lawyers Handbook Episode 119 Multimedia Graphic
Podcast - Understanding the Media
TLH Episode 118 Thumb Still
Podcast - Jurisdiction Is in the Eye of the Beholder
TLH ep 117 thumb/still
Podcast - Allergic to Courtrooms
The Trial Lawyer's Handbook Episode 116 multimedia graphic
Podcast - Dangers of Climbing the Ladder
TLH Ep 115 Thumbnail
Podcast - Show and Tell
tlh ep 114
Podcast - The Law Is the Law
TLH ep 113 thumb/still
Podcast - Telling the Whole Story
TLH Ep 112 thumb/still
Podcast - The Benefits of Using an Interpreter
tlh ep 111
Podcast - Trust Is Key
The Trial Lawyers Handbook Episode 110 Multimedia Graphic
Podcast - The Challenge of Corruption
TLH Ep 109 Thumb/Still
Podcast - Clarity Over Complexity at Trial
TLH Eric Alex pt 2 thumb/still
Podcast - Part II: Recent Changes in Jury Dynamics and How to Prepare Your Expert Accordingly
TLH Ep 108 thumb/still
Podcast - Miss Lillian "Testifies": The Importance of Witness Preparation
Trial Lawyer's Handbook Podcast Episode 107 Multimedia Graphic
Podcast - Learn from the Masters
tlh guest ep thumb/still
Podcast - Part I: Going from Young Associate to Veteran Lawyer
tlh ep 106
Podcast - Juror No. 6 and the Unexpected Misunderstanding
TLH Guest Episode with Jose Casal thumb/still
Podcast - The View from the Jury Box
tlh ep 105
Podcast - Connecting with the Jury
TLH Ep 104 thumb/still
Podcast - Bad Facts Make Bad Law
TLH Ep 103 thumb/still
Podcast - Actors on a Stage
Trial Lawyer's Handbook Episode 102
Podcast - "I Was Just Playing a Role"
The Trial Lawyer's Handbook - Episode 101 Thumb/Still
Podcast - Too Dirty for Dirty Crime
TLH ep 100 thumb / still
Podcast - The Godfather of Houston
tlh 99
Podcast - A Good Lickin'

Publications

Speaking Engagements

News