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, 2013-2025
  • 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

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Podcast - The 3 Core Themes of Trial Law: Know Your Court
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Podcast - Real Justice for Real People
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Podcast - There Is No Right Path
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Podcast - How Did We Get Here?
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Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
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Podcast - Expert Witnesses, Special Issues
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Podcast - Direct Examination of Expert Witnesses
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Podcast - Cutting Back on Complex Cases
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Podcast - Part II: The Importance of Pro Bono for Both Clients and Lawyers
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Podcast - Drowning in Complexity
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Podcast - Part I: Reading the Jury
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Podcast - How to Use Humor and Anger Effectively in the Courtroom
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Podcast - Connecting Separate Pieces of Evidence Clearly, Persuasively
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Podcast - At Trial, Less Is More
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Podcast - Getting Dressed for Court
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Podcast - Presentation is Paramount
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Podcast - Voice and Delivery
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Podcast - Think Outside the Script
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Podcast - The Witness Outline
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Podcast - Crafting Winning Strategies: Theories and Themes in Trials
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Podcast - Living Without Feedback
The Trial Lawyer's Handbook: Are Real Trials Just Like the Movies?
Podcast - Are Real Trials Just Like the Movies?
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Podcast - Borrowing and the Art of Trial Advocacy
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Podcast - Trial Advocacy in the Modern World
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Podcast - This Extraordinary Process Called "Trials"
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Podcast - Storytelling in Closing Arguments
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Podcast - In Closing Arguments, Don't Forget to Ask
Podcast - Getting Rid of Clutter in the Closing Argument
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Podcast - The Basic Rules for Closing Argument
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Podcast - Closing Arguments: Focus and Organization
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Podcast - Closing Argument: Opportunity and Challenge
Podcast - How to Make Clear, Quick and Effective Objections
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Podcast - More on Cross-Examination: Building a Case Brick by Brick
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - The Ten Commandments of Cross-Examination
Podcast - The Ten Commandments of Cross-Examination
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Podcast - Refresh vs. Impeach: Know the Difference