Skip to main content

Daniel T. Pascucci

Member / Managing Member, San Diego Office; Co-Chair, Cross-Border Asset Recovery Practice

[email protected]



Dan concentrates on litigating and arbitrating complex international business disputes with a focus on cross-border asset recovery. He is a recognized authority on helping creditors and claimants recover assets fraudulently laundered off-shore and hidden in renowned international and domestic privacy and tax shelter jurisdictions.  He is regularly called upon to lead asset tracing investigations and develop comprehensive enforcement strategies. Dan also has a long history of 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 and 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 and how to develop a successful asset recovery strategy.

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 Appeals for the Ninth Circuit.


  • Pepperdine University (JD)
  • Fordham University (BA)


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 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.


  • 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).

Recognition & Awards

  • The Recorder: California Trailblazer (2020)
  • San Diego Daily Transcript: Top Influential Business Leader (2017)
  • San Diego Super Lawyers: Intellectual Property Litigation, Business Litigation (2013 – 2017, 2019 – 2020, 2022)
  • Best Lawyers in America: Intellectual Property Litigation (2016 – 2022); Commercial Litigation (2016 – 2022); Mass Tort/Class Actions - Defendants (2016 – 2022)


  • Fellow, The International Academy of Financial Crime Litigators
  • Fellow, Litigation Counsel of America
  • Member, International Bar Association, Litigation Committee and Arbitration Committee
  • Member, California Bar Association,
  • Member, San Diego Bar Association
  • Member, Federal Bar Association
  • Past board member, Volunteers of America Southwest California Corporation

Recent Insights

News & Press



Cross-Border Asset Recovery Viewpoints Thumbnail
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.
Read more
Cross-Border Asset Recovery Viewpoints Thumbnail
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.
Read more
Viewpoint Thumbnail
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.
Read more
Viewpoint Thumbnail
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.
Read more
Viewpoint Thumbnail
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.
Read more
Video Viewpoint Thumbnail

Litigation Financing Trends

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.
Read more

Are Third-Party Funding Costs Recoverable in Arbitration?

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?
Read more
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?
Read more
Arbitration Mediation ADR Viewpoint Thumbnail
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 more

News & Press

News Thumbnail
Daniel Pascucci, Managing Member of Mintz’s San Diego office and Co-Chair of the firm’s Cross-Border Asset Recovery Practice, authored a Law360 expert analysis article spotlighting the growing allure of Western states as asset havens, highlighting the need for creditors and claimants to consider robust U.S. enforcement strategies in asset-recovery efforts.
News Thumbnail
Mintz Members and Co-Chairs of the firm’s Cross-Border Asset Recovery Practice Daniel Pascucci and Joseph Dunn co-authored an article published in Law360 highlighting opportunities the current global climate presents that are often deployed to trace and recover assets: investigation, litigation and external pressure tactics.
News Thumbnail
SuperLawyers published an article that profiles Mintz Managing Member of the San Diego office and Co-Chair of the firm’s Cross-Border Asset Recovery Practice Daniel Pascucci. The piece explores his career growth and outlines his strong reputation in global asset recovery.
Press Release Thumbnail
Mintz Levin is pleased to announce that nine attorneys have been named San Diego Super Lawyers for 2018 while two others have been named San Diego Rising Stars. The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement. 
A team of Mintz attorneys – Member Dan Pascucci and Associate Paul Huston – authored this column discussing how the landscape surrounding microtransactions in video games continues to evolve at a pace outstripping the law’s ability to keep up.

Men of Vision

October 20, 2017

Dan Pascucci, Managing Member of Mintz’s San Diego office was highlighted in Modern Luxury Magazine as a “Man of Vision.” The profile highlights Dan’s leadership within the firm and his passion for marine sustainability and his life outside the law firm.

50 Influential Leaders

September 6, 2017

Dan Pascucci, Managing Member of Mintz’s San Diego office was featured as one of the Top 50 Influential Leaders by The Daily Transcript. Each year, this program honors the people who help drive and influence San Diego’s growth and prosperity.
Press Release Thumbnail
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
News Thumbnail
Co-authored by Members Joseph Dunn and Daniel Pascucci and attorney Heather Silver, this article discusses the steps boards should take in deciding whether further investment in pursuing transferred assets.
News Thumbnail
This article details the successful end of the ten-year fight to settle a case involving Taiwanese client Tatung Co. and Westinghouse Digital Electronics. The lengthy legal battle resulted from Westinghouse’s refusal to pay $11 million for goods purchased from Tatung.
News Thumbnail
This feature story reports on the settlement Tatung Co. Ltd reached with Westinghouse Digital Electronics. The settlement resolves nearly ten years of litigation after Westinghouse was accused of not paying for Tatung $11 million of LCD televisions.
Seven Mintz attorneys have been named Southern California Super Lawyers for 2017 and five have been named Southern California Rising Stars. Only five percent of area lawyers were named 2017 Southern California Super Lawyers and Rising Stars.  
Mintz is pleased to announce the appointment of Daniel T. Pascucci as Managing Member of its San Diego office. Mr. Pascucci assumed the duties on January 9. 
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas. 


Event Reference Image

How Your Business Can Thrive Under the California Consumer Privacy Act

Mintz, 3580 Carmel Mountain Road, San Diego, CA


The Fine Print Matters – Boilerplate Contract Clauses Through the Litigator’s Lens

Association of Corporate Counsel - San Diego Chapter

San Diego, CA