Articles by Daniel Small
Solving Modular’s Process Constraints
Specific bottlenecks that slow down production tend to be consistent from one modular factory to another and have proven solutions. The most common bottleneck by far is wasted time during drywall finishing, which can be reduced with innovative materials that reduce long-run costs. The author also recommends solutions and trainings to eliminate wasted time in other processes and to continually improve efficiency.
Podcast - Finding The Truth (Video)
Daniel I. Small’s articles from Holland & Knight are most popular: with readers working within the Retail & Leisure industries Holland & Knight are most popular: within Strategy topic(s) Cross-examination is a key part of the U.S. adversarial system, giving defense counsel one of their most important tools to find the truth and challenge the government.
The Jury Is The Audience (Podcast)
Holland & Knight are most popular: within Strategy topic(s) In the United States, a trial by jury is a familiar cornerstone of the justice process. In Uzbekistan, however, trials unfold in a different way. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small shares his experience teaching the U.S. trial system in Uzbekistan by walking participants through the fictitious State v. Faulkner case as part of his pro bono work.
Podcast - "Nature Abhors A Vacuum." So Does The Media
Holland & Knight are most popular: within Strategy topic(s) In a high-profile case, if you do not fill the silence, someone else will. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small continues discussing his representation of former Louisiana Gov. Edwin Edwards and the challenge of managing public opinion in a case that drew intense media attention.
Design the Handoff, or Pay for It On-site
Here’s how to ensure a smooth transition from the factory to the jobsite. Factories optimize internal results, but full value is only realized when work flows cleanly to installation. Handoffs fail when they’re treated as logistics events instead of transfers of responsibility, momentum and risk. Using Jobs-To-Be-Done, readiness criteria, and takt aligns both factory and site around downstream success. Walk through nearly any offsite factory, and you’ll see a mix of ambition and struggle.
The challenge of corruption
Brockton is a Massachusetts city of about 100,000 people, named after British Gen. Isaac Brock. The city has had its high points. It’s sometimes referred to as the “City of Champions” because it was home to boxing legends Rocky Marciano and Marvin Hagler. It had a large shoe and leather industry, and, in fact, it was America’s largest producer of shoes during the Civil War. But legends fade, and much of the leather business went south and then overseas.
Engaging the Factory Line
• Culture differentiates modular factories: engaged crews solve problems immediately; disengaged ones repeat them indefinitely. • Operators adopt Lean when their ideas matter, improvements move fast and work becomes easier and more meaningful. • Leadership ignites engagement by listening, praising effort and keeping feedback loops alive. Engagement is the fuel that powers every great offsite factory.
The challenge of corruption
Brockton is a city of about 100,000 people, named after British Gen. Isaac Brock. The city has had its high points. It’s sometimes referred to as the “City of Champions” because it was home to boxing legends Rocky Marciano and Marvin Hagler. It had a large shoe and leather industry, and, in fact, it was America’s largest producer of shoes during the Civil War. But legends fade, and much of the leather business went south and then overseas.
The Challenge of Corruption
Litigation attorney Daniel Small published an article in Massachusetts Lawyers Weekly explaining why corruption cases are challenging to prosecute. He talks about the case of Frank Wallen, the former commissioner of the Brockton, Massachusetts, Department of Public Works (DPW) who ran a pay-to-play scheme involving government contractors.
How to Build a Factory That Flows
Real manufacturing success in offsite construction depends on true production flow. Here’s how to achieve and maintain it. Walk through a typical modular factory on a busy morning and you’ll hear the same story told in a dozen different ways. The framing station is waiting on panels. Panels are waiting on wiring. Wiring is waiting on inspection. Forklifts zigzag between islands of inventory while line leads chase down missing parts. Everyone is working hard, but nothing seems to be moving.
Lean Metrics That Matter
Walk into many offsite factories and you won’t see glowing dashboards or flashing screens — you’ll see whiteboards, sticky notes and spreadsheets. Data tends to be scattered across laptops, email threads and paper forms. Most teams are attempting to track performance manually while juggling daily production fires. The result is that leaders struggle to answer basic questions. How long does it really take to build a module? Where do the delays happen? Why are projects late?
Learn from the masters
Bert Lance was a man of many facets. He was a Georgia banker — a “country banker,” he called himself — who became embroiled in the scandal-plagued Pakistani Bank of Credit and Commerce International. He was jovial, clever and credited with popularizing the phrase “If it ain’t broke, don’t fix it.” He was a politician who became a close friend and advisor to Jimmy Carter.
One Sheet, Zero Excuses
A3s force problem-solving discipline by defining root causes, identifying causes and driving lasting solutions In complex offsite factories, the A3 bridges silos, sharpens accountability and prevents recurring mistakes. From crane delays to wiring errors, this process cuts waste and can save serious money. Root cause analysis helps teams find solutions quickly.
Simplifying Choices in Offsite Construction
The art of simplification is a real profit booster. Mastering it is like striking gold. Hey offsite builders! Let’s dive a bit deeper into the world of offsite construction, where the dance between customization and simplicity holds the key to success. Inspired by an article I wrote for the January 2023 issue of Colorado Builder magazine titled, “The Cost of Complexity,” I’ll take you on a journey to unravel how finding the right balance can elevate your offsite construction game to new heights.
Clarity Over Complexity At Trial (Podcast)
Daniel I. Small’s articles from Holland & Knight are most popular: in United States Holland & Knight are most popular: within Criminal Law topic(s) In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explains why simplifying a complex case is essential to persuading a jury.
Miss Lillian "Testifies": The Importance Of Witness Preparation (Podcast)
Daniel I. Small’s articles from Holland & Knight are most popular: in United States Holland & Knight are most popular: within Criminal Law topic(s) In this episode of "The Trial Lawyer's Handbook" podcast, litigation attorney Dan Small describes the unnatural environment of the courtroom and the importance of preparing witnesses for the off-putting rhythm of testimony that he summarizes as "question, pause, answer, stop." In the corruption case United States v.
Part II: Recent Changes In Jury Dynamics And How To Prepare Your Expert Accordingly (Podcast)
Holland & Knight are most popular: within Criminal Law topic(s) In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is once again joined by Partner Eric Alexander, who leads Holland & Knight's Product Liability – Life Sciences Team.
The Lean Offsite Project Manager
The Lean PM is a flow manager, not just a scheduler or taskmaster. Pull planning, visual management, and problem-solving frameworks are central to avoiding offsite delivery pitfalls. Culture matters: curiosity, shared ownership, and early alignment drive modular success more than tools alone. In the world of offsite and modular construction, Lean thinking is often seen as something that lives on the factory floor.
Podcast - Connecting With The Jury
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the unique and challenging relationship between trial lawyers and juries, illustrated through his experience prosecuting the complex and emotionally charged Racketeering Influenced and Corrupt Organization Act (RICO) case against the Cammarata Organization.
Podcast - Bad Facts Make Bad Law
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the exclusionary rule, which states that evidence obtained by illegal methods must be excluded at trial. In the Cammarata drugs-and-murder Racketeering Influenced and Corrupt Organizations Act (RICO) case, a voluntary eight-page confession was initially suppressed under the exclusionary rule because the Texas Rangers did not include the arrested individual's last name on the warrant.
Podcast - "I Was Just Playing A Role"
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores the complicated dynamics of using informants in organized crime cases. Drawing from his prosecution of Sam Cammarata, Mr. Small explains how informants can both help and hinder investigations, especially when they manipulate their insider status for personal gain.
The importance of storytelling in court
The second of three core themes that I learned in the Hyattsville Magistrate’s Court in Maryland, after “know your court” (discussed in my last column) was “tell your story.” Far beyond the procedures, the techniques, the legal principles, the essence of going to court — and particularly to trial — is to “tell your story.” As trial lawyers, we are storytellers. We tell the story about an important event in someone’s life or business. I experienced this vividly in Hyattsville.
Iterating for Success
The Lean Startup model can support constant improvement in a modular factory while lowering risk. Here’s how to use it. Startups test early, learn fast and adapt — an approach that suits modular builders who need to avoid costly errors. Lean Startup principles like MVPs reduce risk by validating ideas with real-world feedback before scaling. Manufacturers and builders can save time and money by experimenting with small prototypes rather than launching flawed full-scale rollouts.
Podcast - Too Dirty For Dirty Crime
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks about his experience prosecuting the Cammarata Organization while serving with the U.S. Department of Justice's (DOJ) Organized Crime Strike Force. Mr. Small explains how traditional organized crime groups struggled with the transition into drug trafficking, a business they once saw as off-limits.
Podcast - The Godfather Of Houston
In the 100th episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small introduces his listeners to Sam Cammarata, a career criminal who tried to follow his dreams and become the "Godfather of Houston." After brief stints in the Boston and New Orleans mafia, Cammarata decided to start his own criminal empire in Houston, Texas.
Podcast - A Good Lickin'
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on the wisdom of juries demonstrated in the complex drug smuggling Racketeer Influenced and Corrupt Organizations Act (RICO) case in Appling County, Georgia. He recounts the dramatic trial of Larry Jackson and his family, who were charged with money laundering and tax evasion.
Clean crime, dirty crime
A continuing series of columns on the drugs and multiple murder RICO prosecution of the “Godfather of Houston” and his gang. The Cammarata organization that I prosecuted as a young lawyer with Department of Justice‘s Organized Crime Strike Force engaged in a wide range of traditional criminal enterprises: loansharking, prostitution, bookmaking, theft, extortion — you name it. But not drug dealing.
Podcast - Bring Out The Bad Stuff
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small examines the challenges of preparing witnesses for trial, emphasizing the importance of honesty and addressing unfavorable facts in advance. Mr. Small shares his experience working with Billy Breen, a former drug trafficker turned government informant in a Racketeer Influenced and Corrupt Organizations (RICO) Act case in Appling County, Georgia.
Lean in the Field Part 4: How to Keep it Going
Maintaining the rhythm of a jobsite Lean flow is a daily discipline. These tools make it possible. Lean jobsite scheduling uses takt time, crew balancing and visual systems to maintain steady project rhythm and reduce costly delays. Daily discipline is key. Morning huddles, visual boards and feedback loops ensure real-time adjustments and continuous improvement across teams.
Podcast - Just Press "Play"
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights the critical role voice recordings can play in court. He details three primary ways to obtain recordings: wiretaps, undercover agents and cooperators. Drawing on his experience investigating drugs and corruption in Appling County, Georgia, Mr. Small shares how he enlisted a trusted cooperator to capture incriminating conversations — an approach that proved highly effective.
Podcast - "I Lied Like A Dog!"
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the critical issue of false testimony and its damaging effects on the justice system. Centered on the case of Charlotte Lightsey, a deputy sheriff and wife of the Appling County sheriff in Georgia, the story reveals how she aggressively lied before a grand jury to deny involvement in corruption and drug smuggling.
Podcast - Part II: The Do's And Don'ts Of Demonstratives
In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Scott Duval, managing director at FTI Consulting, about the practical aspects of working with trial graphics and multimedia designers. They discuss key considerations for attorneys when selecting a graphics expert, the importance of teamwork and venue-specific presentation styles, and common pitfalls such as overwhelming juries with too much information.
Podcast - Persistence And Determination
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the evolution of the Racketeer Influenced and Corrupt Organizations (RICO) statute. As a young lawyer with the U.S. Department of Justice's (DOJ) Organized Crime and Racketeering Strike Force, Mr. Small reviewed proposed RICO cases, including one against law enforcement officers in Appling County, Georgia, accused of participating in an illegal drug smuggling operation.
Podcast - Part I: The Do's And Don'ts Of Demonstratives
In the first part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Scott Duval, managing director at FTI Consulting, to discuss the vital role of trial graphics and multimedia in persuading juries and other fact-finders.
Podcast - Walking Tall
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts a compelling story from Appling County, Georgia, where corruption and drug smuggling under a powerful sheriff threatened the integrity of the community. A local resident motivated by a sense of justice, but lacking law enforcement experience, took it upon himself to run for sheriff.
Podcast - The Seeds Of Corruption
The Trial Lawyer's Handbook: A Courtroom Preparation Podcast Series In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small begins a multi-part examination of a drug trafficking and corruption case in Appling County, Georgia. As increased law enforcement efforts in Florida pushed drug smuggling operations into Georgia, local law enforcement officers, including both a former and a sitting sheriff, became involved in facilitating drug shipments.
Lean in the Field Part 3: Synchronization
The missing link is the ability to get factory and field on the same schedule. Lean isn’t just about the factory or the field — it’s about what happens between them. A disconnect can create chaos. Foundations for synchronization include Takt planning and DFA (Design for Assembly). Useful tools range from BIM to cloud-based tracking, to digital Gantt charts and punch lists, to in-person meetings. One builder used this system to increase crane time efficiency to more than 90 percent.
Podcast - How Do You Define Success?
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small reflects on the question of what it truly means to "win" in the courtroom, sharing insights from his experience prosecuting the Farmers Export grain elevator explosion case. After two explosions claimed the lives of 54 workers, the Occupational Safety and Health Administration (OSHA) and U.S. Department of Justice (DOJ) sought to hold two managers accountable in a month-long, emotionally charged trial.
Lawyer’s ‘life on trial’ a learning experience for others
Trials are hard work. The popular image of a lawyer getting up and winging it in court is, in reality, often an invitation for disaster. Certainly there are moments in any trial that require spontaneity, but spontaneity generally succeeds only with careful preparation. The famous trial lawyer Vincent Bugliosi put it well: “It’s simply not possible to powerfully articulate a great number of points, one immediately following another, extemporaneously.
Podcast - Seek Out Feedback
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares personal stories from early in his legal career that illustrate the invaluable role of experienced trial observers and honest feedback. Recalling his time at the U.S. Attorney's Office in Boston, he explains how casual gatherings of retired gentlemen helped them become expert critics who offered constructive advice that dramatically improved his trial skills.
Podcast - The Three C's For Addressing Prior Inconsistent Statements
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down a powerful cross-examination technique for challenging a witness' credibility that he calls "The Three C's": Commit, Credit and Confront. Using a real example from the Farmers Export grain elevator explosion trial, the episode illustrates how to skillfully expose a witness' prior inconsistent statements to undermine their testimony.
Part II: Being An Expert Is A Lonely Business (Podcast)
In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Together, they delve into the critical topic of expert witness preparation, emphasizing the importance of thorough preparation and knowing the boundaries of the expert's role.
The Five S’s (Lean in the Field Part 2)
Organization and Visual Management can transform on-site assembly. Documented jobsite results from this approach include better coordination between crews, faster assembly times and significantly less rework. Simple visual tools can guide crews and reduce the need for input from supervisors. To achieve the best outcome with the most improvement, someone needs to make sure that the system is consistently followed.
Podcast - Follow The Rules … Most Of The Time
Sometimes, it can pay off to bend the rules. In this episode of his "Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on his experience prosecuting the Farmer's Export grain elevator explosion case.
Podcast: Don't Just Say It - Show It
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the role of expert witnesses in trials and how lawyers must effectively present expert testimony to the jury. Mr. Small shares an anecdote of his experience in the Farmers Export grain elevator explosion case where he had to take a creative approach to presenting the expert's testimony to help the jury intuitively understand the explosive qualities of grain dust.
Podcast - Finding Common Ground
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts the challenges he faced during the Farmers Export grain elevator explosion trial. He emphasizes the importance of purposeful actions in the courtroom, from how a lawyer speaks and moves to how they question witnesses.
Podcast - "Ready For Trial?"
Litigation attorney Dan Small unexpectedly took the lead in prosecuting the high-profile case of the Farmers Export grain elevator explosion, a major incident in Galveston, Texas, that resulted in the deaths of 18 people in 1977. In this episode of "The Trial Lawyer's Handbook," he shares this extraordinary anecdote that threw him into a panic just two years out of law school.
Podcast - The Law As A Force For Change
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small examines the devastating Farmers Export grain elevator disaster, where 18 employees died in a grain dust explosion, and explains how this case fits into the broader history of the prosecution of white collar crime. Traditionally, health and safety violations were addressed through civil lawsuits, leaving managers and similar personnel untouched by the legal system.
Podcast - Every Case Is A New World
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts his experience as a new prosecutor in the U.S. Department of Justice's Criminal Division, where he was unexpectedly assigned a month-long case involving a deadly grain elevator explosion.
Lean in the Field: An Introduction
Making on-site assembly more efficient, Part 1 of 4 On-site assembly remains a bottleneck in the offsite equation. It’s riddled with delays, material waste, rework and miscommunication. Lean thinking can bring offsite efficiencies all the way to the final assembly, ensuring a smoother, faster and more profitable build. This article details the problem. Follow-up articles will look at solutions.
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