Stites & Harbison, PLLC

         
". . . exceptionally bright lawyer."

  - ChambersUSA 2009

Dan Small is a Member of the firm in the Real Estate and Banking Service Group. Dan's work centers on banking, real estate, securities, mergers and acquisitions, and corporate governance matters, as well as on commercial litigation. He has represented banks and other companies in a variety of matters, including secured lending, workouts, private and public securities matters, initial public offerings and regulatory matters. He is listed in The Best Lawyers in America^® for Banking Law and ChambersUSA, "America's Leading Lawyers for Business" in Banking & Finance: Transactional.

Recent Assignments

Dan has recently completed a number of bank regulatory and securities assignments. Two transactions were mentioned prominently in The Deal Book, as follows:

• Merger of Mid-America Bancshares, Inc., which owned Prime Trust Bank and Bank of the South, with and into Pinnacle Financial Partners
• Sale of The First National Bank of Centerville to Community First, Inc., of Columbia, Tenn.
• In 2007, assisted one bank and one bank holding company in separate "going private" transactions

Recent Speaking Engagements and Publications

• "A Wimmer's Tale," The Tennessee Banker Magazine, January 2008 (described the TBA's efforts to correct an erroneous reading of an Article Nine provision related to how a creditor must send notices of foreclosure. Dan briefed the TBA's motion to intervene in the case and its support of the creditor's application to the Tennessee Supreme Court to be allowed to appeal an intermediate appellate court's decision. He also briefed and argued the TBA's amicus curiae position before the Tennessee Supreme Court in the Wimmer case)
• "Does Your Bank Have the Right Stuff to Be Public," Tennessee Banker Magazine, Volume XCIII, Number 8, August 2005 (related to management's need to assess the costs and benefits of becoming or remaining a "public company" under the Securities Exchange Act of 1934
• Speaks regularly on commercial lending and real estate matters
• Frequent lecturer with Tennessee Bankers Association, National Business Institute, Inc. and Lorman Education Services on commercial lending and commercial real estate topics, as well as on lender liability, alternative dispute resolution and the use of expert witnesses

Reported Cases

• Bass v. Janney, 210 F.3d 577 (6th Cir. 2000) (Briefed and argued)
• Auto Credit of Nashville v. Wimmer, 231 S.W.3d 896 (Tenn. 2007) (Briefed and argued for amicus curiae, Tennessee Bar Association)
• U.S. Bank, N.A. v. Tennessee Farmers Mutual Insurance Company, 277 S.W.3d 381 (Tenn. 2009)

Before Stites & Harbison

Dan was a member of our firm's Nashville predecessor for 12 years. He has rejoined Stites & Harbison after conducting his own separate practice for the last 14 years.

More Than Stites & Harbison

Dan serves on the Administrative Board and Finance Committee of his church.

Besides Stites & Harbison

Dan is active in the Harvard Club of Nashville.