Mitchell E Herr

  • T 305.789.7736

Mitchell E. Herr is a partner in Holland & Knight's Miami office. He 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. 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  

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

Honors & Awards

  • The Best Lawyers in America guide, Commercial Litigation, 2010-2011; Corporate Governance Law, Securities Regulation, 2006-2018; Litigation - Securities, 2011-2018
  • The Best Lawyers in America guide, Miami Corporate Governance Law Lawyer of the Year, 2013
  • Florida Super Lawyers magazine, 2006-2017
  • Board of Advisors, OffshoreAlert Financial Due Diligence Conference, 2009-2010
  • Corporate Counsel Edition, Super Lawyers magazine, January 2009
  • Florida Legal Elite, Florida Trend magazine, 2005-2009, 2012
  • Top Lawyer, South Florida Legal guide, Securities Litigation, 2005-2008
  • Key Partners Finalist, South Florida Business Journal, 2006


  • Association of Securities and Exchange Commission Alumni
  • National Association of Bond Lawyers
  • The Practical Law Company, Litigation Advisory Board