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, 2019)
- Best Lawyers in America: Intellectual Property Litigation (2016 – 2020); Commercial Litigation (2016 – 2020); Mass Tort/Class Actions - Defendants (2016 – 2020)
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
Discoverability of Third Party Funding Documents in Arbitration – Part II
March 21, 2019|Blog
Discoverability of Third Party Funding Agreements in Arbitration – Part I
January 29, 2019|Blog
News & Press
Viewpoints
Waiving Claims for Public Injunctive Relief in California Arbitration Agreements: The McGill Rule on Appeal
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.
Discoverability of Third Party Funding Documents in Arbitration – Part II
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.
Discoverability of Third Party Funding Agreements in Arbitration – Part I
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.
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.
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?
Dissecting Common Basic Arbitration Clauses -- You Can Build a Better One
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?
Enforcement of an International Arbitration Award in a Non-New York Convention Country
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?
News & Press
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.
Pandora’s Loot Box: The Legal Ramifications of Microtransactions Game Makers
April 3, 2018 | Venture Beat
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 | Modern Luxury Magazine
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 | The Daily Transcript
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.
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.
How boards can decide whether to chase overseas assets
April 27, 2017
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.
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.
Persistent attorneys win $20M settlement
March 7, 2017
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.
Twelve Mintz Attorneys Named 2017 Southern California Super Lawyers and Rising Stars
February 14, 2017
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 Names Daniel T. Pascucci Managing Member of San Diego Office
February 02, 2017
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.
Eleven Mintz Members Named Southern California Super Lawyers
January 17, 2014
Nine Mintz Members Named San Diego Super Lawyers
June 10, 2013
Events
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2019
How Your Business Can Thrive Under the California Consumer Privacy Act
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