Daniel T. Pascucci
Member / Co-Chair, Cross-Border Asset Recovery Practice
+1.858.314.1505
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.
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.
Experience
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).
viewpoints
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.
Freeze Orders in United States District Courts: A Strategic Analysis of Asset Recovery in Multinational Disputes
January 7, 2021 | Blog | By Joseph Dunn, Daniel Pascucci
Fraud Investigations and Complex Asset Recovery in 2020: A Q&A With Mintz Cross-Border Asset Recovery Co-Chairs Dan Pascucci and Joe Dunn
April 27, 2020 | Blog | By Joseph Dunn, Daniel Pascucci
Waiving Claims for Public Injunctive Relief in California Arbitration Agreements: The McGill Rule on Appeal
October 18, 2019 | Blog | By Daniel Pascucci
Discoverability of Third Party Funding Documents in Arbitration – Part II
March 21, 2019 | Blog | By Daniel Pascucci
Discoverability of Third Party Funding Agreements in Arbitration – Part I
January 29, 2019 | Blog | By Daniel Pascucci
Litigation Financing Trends
August 27, 2018 | Video | By Daniel Pascucci
Are Third-Party Funding Costs Recoverable in Arbitration?
July 23, 2018 | Blog | By Daniel Pascucci
Dissecting Common Basic Arbitration Clauses -- You Can Build a Better One
March 6, 2018 | Blog | By Daniel Pascucci
Enforcement of an International Arbitration Award in a Non-New York Convention Country
March 1, 2017 | Blog | By Daniel Pascucci
News & Press
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
August 15, 2024
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.
SAN DIEGO—Mintz announces the appointment of Scott M. Stanton as Managing Member of its San Diego office. Scott is a corporate attorney with extensive experience in mergers and acquisitions, securities offerings, and corporate governance matters.
Mintz Taps Corporate Attorney to Lead San Diego Office
April 2, 2024
Law360 profiled Member Scott Stanton on his recent elevation to San Diego Managing Member. Scott is a corporate attorney with extensive experience in mergers and acquisitions, securities offerings, and corporate governance matters.
The Thermonuclear Option: Civil RICO As An Asset Recovery Tool In US Enforcement Efforts Post-Smagin
December 21, 2023
San Diego Managing Member and Cross-Border Asset Recovery Practice Co-chair Daniel Pascucci and Associate Michael Godwin co-authored an article published by the International Academy of Financial Crime Litigators discussing Civil RICO as an asset recovery tool in US Enforcement Efforts post-Smagin.
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
SCOTUS Clarified RICO’s Domestic Injury Requirement, Did Not Create New Civil Right Of Action For Enforcing Arbitration Awards
July 21, 2023
San Diego Managing Member and Cross-Border Asset Recovery Co-Chair, Daniel Pascucci and Associate Michael Godwin authored an article published by The Recorder analyzing the Supreme Court's decision in Yegiazaryan v. Smagin, No. 22-381 and how this decision affected the Racketeer Influenced and Corrupt Organizations Act (RICO).
SAN DIEGO – Mintz is pleased to announce that four attorneys have been named San Diego Super Lawyers and three have been recognized as Rising Stars in the 2023 edition of the annual publication.
Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.
The Enforcement Mechanism
April 2, 2020
Men of Vision
October 20, 2017
50 Influential Leaders
September 6, 2017
How boards can decide whether to chase overseas assets
April 27, 2017
Persistent attorneys win $20M settlement
March 7, 2017
Twelve Mintz Attorneys Named 2017 Southern California Super Lawyers and Rising Stars
February 14, 2017
Mintz Names Daniel T. Pascucci Managing Member of San Diego Office
February 02, 2017
Eleven Mintz Members Named Southern California Super Lawyers
January 17, 2014
Nine Mintz Members Named San Diego Super Lawyers
June 10, 2013
Events & Speaking
The New Calculus for Venue Selection: Identifying and Assessing the Best Options for Determining Your Optimal Enforcement Jurisdiction
Fraud, Asset Tracing & Recovery Miami - American Conference Institute
Hotel AKA Brickell Miami, FL
The Convergence of Asset Recovery and Litigation Funding: How Funders are Revisiting Legal and Collectability Risks
C5 Annual Conference
Miami, FL
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
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.
Recognition & Awards
The Recorder: California Trailblazer (2020)
San Diego Daily Transcript: Top Influential Business Leader (2017)
San Diego Super Lawyers: Business Litigation (2013 – 2017, 2019 – 2020, 2022 – 2024)
San Diego Super Lawyers: Intellectual Property Litigation (2013 – 2017, 2019 – 2020, 2022)
Best Lawyers in America: Intellectual Property Litigation (2016 – 2025); Commercial Litigation (2016 – 2025); Mass Tort/Class Actions - Defendants (2016 – 2023)
Benchmark Litigation: Litigation Star (2025)
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.
Involvement
- 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