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.

Mr. Small has written several books on litigation for the American Bar Association, including Preparing Witnesses and Going To 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.

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
  • Guide to the World’s Leading White Collar Defense Lawyers, Legal Media Group’s Expert Guides, 2015
  • The Best Lawyers in America, Criminal Defense: White-Collar, 2013-2020
  • Massachusetts Super Lawyers magazine, 2018, 2019
  • Martindale-Hubbell AV Preeminent Peer Review Rated

Multimedia

Podcast Title Slide
Podcast - Rule 10: Witnesses Need to Use Their Counsel
Title slide
Podcast - Rule 9: Don't be Intimidated by Documents
Opening slide for podcast
Podcast - Rule 8: Do Not Volunteer Information
Opening slide for episode
Podcast - Rule 7: Playing the Guessing Game is a Losing Strategy
Opening slide
Podcast - Rule 6: If You Don't Remember, Say So
Still Image of Opening Slide
Podcast - Rule 5b: Typical 'Wiggles and Squirms' to Avoid Rephrasing a Question
Opening slide still
Podcast - Rule 5a: Don’t Answer a Question You Don’t Understand
Opening slide still
Podcast - Rule 4: Be a Relentlessly Polite Witness
Opening Slide Still
Podcast - Rule 3: Tell the Truth
Opening slide still
Podcast - Rule 2: Remember, You Are On The Record
Opening Slide Still
Podcast - Rule 1: Witness, Take Your Time
Podcast Slide Still
Podcast: Basic Principles for Being a Witness
Podcast opening slide
Podcast: Seven Witness Preparation Mistakes Lawyers Make
Dan Small Still
Podcast: Three Witness Excuses to Avoiding Preparing
Opening slide
Podcast: The Gaps in Witness Expectations
Opening video still
Podcast: What Witness Preparation Means
Opening Video Slide
Podcast: Raise Your Right Hand, Miss Lillian
Boater Offers Few Answers in Grandfather's Shooting and Mother's Presumed Death at Sea
Boater Offers Few Answers in Grandfather's Shooting and Mother's Presumed Death at Sea
Could Affairs & Assault Claims Hurt Trump More Than Mueller Investigation?
Could Affairs & Assault Claims Hurt Trump More Than Mueller Investigation?
Dan Small Discusses Michelle Carter Case and Verdict
Dan Small Discusses Michelle Carter Case and Verdict
Dan Small Discusses Robert Mueller Investigation
Dan Small Discusses Robert Mueller Investigation
Witch Hunt?
Witch Hunt?
What Should FBI's Comey Do Now?
What Should FBI's Comey Do Now?
Corruption Test Case
Corruption Test Case
Dan Small Discusses the Philip Chism Trial
Dan Small Discusses the Philip Chism Trial
BPR Digs Into the Tsarnaev Sentence
BPR Digs Into the Tsarnaev Sentence
The Penalty Phase Of The Tsarnaev Trial, Hillary In New Hampshire & Project Step
The Penalty Phase Of The Tsarnaev Trial, Hillary In New Hampshire & Project Step
Trials, Treasurers, And Taxes
Trials, Treasurers, And Taxes
"The Jinx" Controversy
"The Jinx" Controversy
BPR Talks Tsarnaev and Rallys For Spring
BPR Talks Tsarnaev and Rallys For Spring
Attorney Dan Small Discusses Controversy At Start of Hernandez Trial
Attorney Dan Small Discusses Controversy At Start of Hernandez Trial
Broadside: Bulger Proven Responsible For 11 of 19 Murders
Broadside: Bulger Proven Responsible For 11 of 19 Murders
Truth Serum Questioned
Truth Serum Questioned
Broadside: What's going to happen to Tim Cahill?
Broadside: What's going to happen to Tim Cahill?

Publications

Speaking Engagements

News