Daniel T. Pascucci
Member / Managing Member, San Diego Office; Co-chair, Class Action Practice
+1.858.314.1505
Dan concentrates on litigating and arbitrating complex international business disputes. He is a recognized authority on helping companies recover assets fraudulently laundered off-shore and hidden in renowned privacy and tax shelter nations. He is also renowned for successfully defending clients in class action litigation. Companies in many industries seek his representation in false advertising, unfair competition, RICO, and fraud disputes, and he ably uses US-based and international alternative dispute resolution procedures.
Dan is the Managing Member of the firm's San Diego office, Co-chair of the Class Action practice group, and Co-chair of the Arbitration, Mediation & Alternative Dispute Resolution practice group. His practice is focused on complex international business disputes, domestic and international arbitration, false advertising and unfair competition cases, RICO and fraud disputes, and class action litigation. Dan has been lead counsel on dozens of complex disputes under the Lanham Act and California's unfair competition and false advertising statues. He has developed unique expertise in global asset recovery, helping clients around the world pierce multinational fraudulent schemes to recover debts and investment losses. He has tried to verdict or award over 40 cases, including jury trials, bench trials, and arbitrations.
Dan has served as lead defense counsel on over 70 alleged nationwide class actions, representing a variety of clients from Fortune 100 companies to smaller businesses in a diverse variety of industries, such as telecommunications carriers, technology manufacturers, retailers, investment services, banks, travel and recreation providers, and insurance companies.
While the aggregate alleged exposure to his clients in class actions amounted to billions of dollars, no class has ever been certified over his objection, none of his class action clients has ever suffered an adverse judgment, and he has secured favorable settlements (often for no payment of cash or payment of minimal nuisance value) for his clients in all class actions he has defended.
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 Appeal for the Ninth Circuit.
Education
- Pepperdine University (JD)
- Fordham University (BA)
Experience
Litigation and Appeals
- 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 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 attorneys fees.
- 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.
- 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).
- 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.
Recognition & Awards
- San Diego Daily Transcript: Top Influential Business Leader (2017)
- San Diego Super Lawyers: Intellectual Property Litigation, Business Litigation (2007 – 2009, 2013 – 2017)
- Best Lawyers in America: Intellectual Property Litigation (2016 – 2019); Commercial Litigation (2016 – 2019)
Involvement
- Member, Federal Bar Association
- Member, International Bar Association, Litigation Committee and Arbitration Committee
- Member, California Bar Association,
- Member, San Diego Bar Association
- Fellow, Litigation Counsel of America
- Past board member, Volunteers of America Southwest California Corporation
Recent Insights
Viewpoints
Are Third-Party Funding Costs Recoverable in Arbitration?
July 23, 2018|Blog
Dissecting Common Basic Arbitration Clauses -- You Can Build a Better One
March 6, 2018|Blog
News & Press