Dan is internationally-recognized for his extensive experience and thought-leadership in complex asset recovery litigation and investigations. He is regularly called on to help creditors and claimants recover assets fraudulently laundered off-shore and hidden in renowned international and domestic privacy and tax shelter jurisdictions. He recently served as lead counsel on a multi-national team that successfully investigated and litigated a complex strategy to enforce a Singapore arbitration against Philippine debtors and their founder. Dan served as lead counsel in the trial of this litigation, which culminated with the defendants agreeing to a $300,000,000 cash settlement shortly after the close of evidence. Dan also has a long history of successfully bet-the company commercial disputes. Companies in many industries seek his representation in false advertising, unfair competition, RICO, and fraud disputes.

Dan is Co-Chair of the Cross-Border Asset Recovery practice group. He has developed unique expertise in global asset recovery, helping clients around the world pierce multinational fraudulent schemes to recover debts and investment losses. Dan is well versed in a wide range of enforcement tactics and regularly builds strategies integrating comprehensive litigation tactics with political engagement, cutting-edge investigation tools and commercial mechanisms to maximize client recovery. His subject matter expertise is recognized by litigation investment funds, who call upon him to review and perform investment diligence on asset recovery and other complex litigation opportunities.

As Co-Chair of the Cross-Border Asset Recovery group, Dan has developed a suite of internal investigatory tools that allows our team to expedite development of robust intel on potential recovery sources and, as a case progresses, provides well-honed dossiers to hand off to our robust global network of specialized external investigators. This novel approach is invaluable to informing a successful enforcement strategy and is often the difference between finding an asset and finding the trail of an asset. Dan is a prolific thought-leader, frequently authoring articles and speaking on industry panels discussing and analyzing cutting edge developments in the asset recovery space, such as the emergence of domestic tax havens in the Western United States, how to develop a successful asset recovery strategy and developing U.S. Supreme Court jurisprudence recognizing the ability of foreign plaintiffs to utilize civil RICO to enforce arbitration awards in the United States.

Dan is well-versed in using alternative dispute resolution procedures, like mediation and arbitration, and has successfully handled dozens of complex international and domestic arbitrations. He also has considerable appellate experience, having argued groundbreaking cases to both state and federal appellate courts, including serving as lead counsel on a precedential appeal before an en banc panel of the US Court of Appeals for the Ninth Circuit.

Litigation and Appeals

Lead counsel in global investigation and strategic development of strategy to enforce Singapore arbitration award against Philippine debtor entities. Successfully developed investigation strategy and factual record to identify global asset footprint of debtors, related entities and billionaire founder. This investigation resulted in filing enforcement litigation in the U.S. District Court for the Southern District of New York. Served as lead counsel for SDNY litigation through trial, which resulted in the defendants agreeing to a $300,000,000 cash settlement shortly after close of evidence.
Lead trial counsel in complex civil RICO case. Represented Taiwanese creditor in claims against 34 foreign and domestic defendants. Successfully defeated over 30 motions to dismiss, managed millions of pages of written discovery, including processing and analyzing hundreds of gigabytes of data, over 40 depositions on two continents and over 120 discovery disputes before two court-appointed special masters. Defeated summary judgment and in limine motions. Favorably settled case at commencement of trial.
Lead counsel for U.S. creditor in district court action to enforce $300,000,000 international arbitration award against foreign award debtors and related alter egos.
Lead counsel in non-dischargeability action in US Bankruptcy Court, obtaining judgment of non-dischargeability against defendant company CEO based on findings of fraud and alter ego liability.
Lead counsel for private investment fund defrauded by scam Forex platform. Counseled fund manager through federal investigation. Successfully litigated forfeiture case against US Government, resulting in summary judgment ordering government to turnover 100% of forfeiture fund to client and reimburse attorney's fees.
Secured reversal in Court of Appeal of denial of municipality client's anti-SLAPP (Strategic Lawsuit Against Public Participation) motion filed in response to one of numerous lawsuits brought by local developer, asserting breach of contract based on political activities of elected officials.
Defended class action alleging unfair business practices in sale of memberships to activity and event platform. Case settled on terms favorable to client.
Defended false advertising class action against nationwide fitness organization. Successfully negotiated dismissal of national organization and favorable settlement of local franchise.
Defended Hong Kong based electronics manufacturer in multi-district class action litigation by 31 U.S. states alleging illegal price fixing. Successfully negotiated complete dismissal of client with no contribution to claim funds.
Lead counsel for major telecommunications carrier in ground-breaking case applying Section 253 of the Telecommunications Act of 1996 for the first time to enjoin city from implementing excessive regulatory barriers to deployment of wireless communications network.
Lead counsel for major telecommunications carrier in dozens of district court cases under section 332 of the Telecommunications Act of 1996, successfully reversing citing decisions of city and county government agencies denying deployment of cellular network systems.
Represented publicly traded company in litigation to halt stock manipulation through online bulletin boards. Successfully argued for and obtained first restraining order in the US enjoining Internet stock manipulation.
Lead defense counsel for large food manufacturer in nationwide class action in US District Court, alleging false advertising and false labeling of nutritional information. Case followed published FDA warning letter regarding alleged impermissible use of nutritional claims in food labeling. Successfully settled case on terms favorable to client.

Arbitration

Represented foreign claimant in multi-year ICDR/AAA arbitration regarding breach of international sales agreement. Obtained award and judgment of over $21,000,000 including all damages sought plus attorneys’ fees and interest.
Successfully prosecuted alter-ego arbitration. Navigated complex array of obstructive discovery tactics to recover documents from off-shore shell companies. Obtained order from US Bankruptcy Court lifting stay on arbitration and remanding case to tribunal following defendant’s bankruptcy filing. Obtained positive finding of alter-ego liability against CEO of defendant corporation and judgment of over $26,000,000.
Represented inventor of technologies utilized in laser eye surgery in arbitration of claims of breach of royalties by manufacturer of surgical devices. Successfully negotiated payment of over $15,000,000 in royalties on first day of arbitration.
Represented developer of real-time operating system in complex arbitration, including 21-day hearing, of claims of copyright infringement in emerging area of law governing copyrightability of application programming interfaces (APIs).

Read less

Webinar Recording: Boilerplate Contract Clauses Through the Litigator’s Lens: Starting the New Year off Right

January 30, 2023 | Webinar | By Andrew D. Skale, Daniel Pascucci, Nicole Rivers

This program focuses on pitfalls and risks of using boilerplate contract language in business contracts and recent developments in employment law that make arbitration agreements more favorable if drafted correctly.

January 7, 2021 | Blog | By Joseph Dunn, Daniel Pascucci

The 2020 coronavirus pandemic has not spared the asset recovery practice from its profound impacts. As we previously have discussed, the pandemic accelerated trends toward increased globalization and the ability of evasive debtors to move assets fluidly around the world, as business operators, banks, regulators and virtually all market segments rapidly embraced remote work and electronic commerce.

April 27, 2020 | Blog | By Joseph Dunn, Daniel Pascucci

With courts and government agencies around the world enacting emergency measures in response to the Covid-19 pandemic – ranging from complete shutdowns to delays and limitations – advancing the ball in dispute resolution is more challenging than ever.

October 18, 2019 | Blog | By Daniel Pascucci

The inclusion in arbitration clauses of a waiver of public injunctive relief has gained popularity generally, but such a waiver is currently unenforceable in California. However, California’s controversial precedent on the subject may be heading for review by an en banc Ninth Circuit panel or, ultimately, the U.S. Supreme Court.

March 21, 2019 | Blog | By Daniel Pascucci

In January, in Part I of this post, we discussed the “relevance” factor in determining the discoverability of litigation funding agreements and correspondence with funders. (For these purposes, the word “litigation” means adjudicated dispute resolution generally.) As we indicated there, efforts to obtain such discovery typically encounter strong objections based on their irrelevance to the parties’ claims and defenses. In addition, funded parties have typically opposed such discovery by asserting attorney-client privilege and the work product doctrine. In this post, we discuss developing authority concerning whether a party’s (or its counsel’s) litigation-related communications with a third-party funder -- either prospective or contracted -- are privileged or whether they effect a waiver of the attorney-client privilege and/or work product protection.

January 29, 2019 | Blog | By Daniel Pascucci

The use of third party funding of arbitration and litigation proceedings provides broader access to formal claim resolution mechanisms, but that benefit may come with some unique issues for the uninitiated. However, forewarned is forearmed. In a prior post, we discussed the recoverability in arbitration proceedings of third party funding costs. This post identifies the discoverability issues in arbitration concerning third party funding.

August 27, 2018 | Video | By Daniel Pascucci

Dan Pascucci discusses the emergence and growth of the litigation finance industry and explains the benefits to both small and large companies.

July 23, 2018 | Blog | By Daniel Pascucci

Third-party litigation and arbitration funding is increasingly being utilized in the United States. Are the corresponding financing costs recoverable in arbitrations?

March 6, 2018 | Blog | By Daniel Pascucci

Arbitration is often promoted as faster, cheaper, more predictable, and more controllable than litigation. But to many, arbitration’s promise comes up short on delivery. Why?

March 1, 2017 | Blog | By Daniel Pascucci

You presented your case, and the arbitration tribunal came back with a reasoned decision and an award in your favor. You even had the award confirmed here in the United States. You want to enforce it. But you find that the award-debtor’s assets are all held in or have been moved to a country that is not a party to the New York Convention. Now what?

Read less

Benchmark Litigation Recognizes 17 Mintz Attorneys and 3 Practices in 2024 Guide

Benchmark Litigation has recognized seventeen Mintz Members in its 2024 guide to the leading litigation firms and lawyers in the US. The firm was also acknowledged for its work in Massachusetts, being named “Highly Recommended” in the Commonwealth and received top-tier rankings across three practice categories, including General Commercial, Insurance, and White Collar.

The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas

187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.

Mintz Taps Corporate Attorney to Lead San Diego Office

April 2, 2024|

Daniel T. Pascucci

Member / Co-Chair, Cross-Border Asset Recovery Practice

San Francisco San Diego

Experience

viewpoints

News & Press

Events & Speaking

Recognition & Awards

Involvement

Offices

Admissions

Related Industries

Related Practices

Education

Recent Insights

April 2, 2024|

Daniel T. Pascucci

Member / Co-Chair, Cross-Border Asset Recovery Practice