Dalmacio V. Posadas, Jr.

[email protected]

T: (213) 613-1309
F: (213) 613-0550

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Education & Honors

Loyola Law School (J.D., 2017); Editor-in-Chief, Loyola Entertainment Law Review (2016-2017); Moot Court (2016-2017); Otto Kaus Award for Excellence in Legal Scholarship, CALI Excellence Awards for Legal Research and Writing, and Property; First Honors in Advanced Criminal Law; University of California at Riverside (B.A., Sociology).

 

Clerkships

Law Clerk, Magistrate Judge Shashi H. Kewalramani, United States District Court for the Central District of California (2017-2018); Law Clerk, District Judge Dale S. Fischer, United States District Court for the Central District of California (2018).

 

Bar Admissions

California (2017); United States District Court, Central District of California; Ninth Circuit Court of Appeals.

 

Noteworthy

Super Lawyers Rising Star 2020; Coach of Loyola Law School, Los Angeles, Federal Bar Association’s Thurgood Marshall Moot Court Team (2019-present), and National Criminal Procedure Moot Court Team (2019-present); Federal Bar Association, Editorial Board, Article Editor for The Federal Lawyer.

 

Publications

  • The Internet of Things: The GDPR and the Blockchain May Be Incompatible, 21 No. 11 Journal of Internet Law 1 (2018).
  • Regardless of the Outcome in United States v. Carpenter, the Stored Communications Act is Problematic, Apr 3, 2018, Harvard Journal of Law & Technology.
  • After the Gold Rush: The Boom of the Internet of Things & the Busts of Data-Security and Privacy, 28 Fordham Intellectual Property, Media & Entertainment Law Journal 69 (2017).
  • The Internet of Things: Abandoning the Third-Party Doctrine & Protecting Data Encryption, 53 Gonzaga Law Review 101 (2017).

A representative sampling of Mr. Posadas’ experience:

State and Federal Civil Matters
  • Successfully represented five female employees of a large advertising agency for employment discrimination based on age, sex, and gender, and harassment, wrongful termination, and wage disparity, which resulted in a multi-million-dollar settlement.
  • Successfully represented two clients in Anti-SLAPP litigation resulting in a dismissal of the Complaint with prejudice.
  • Successfully had Complaint against client mortgage broker dismissed through a Motion for Judgment on the Pleadings.
  • Successfully negotiated favorable settlement agreement for client in construction site injury Complaint.
  • Successfully argued against a demurrer to a client’s Cross-Complaint for violation of Business and Professions Code section 17200, indemnity, and Cal. Penal Code § 496, which resulted in a favorable settlement agreement for client.
  • Represented entertainment production company in breach of contract and fraud claim.
  • Represented Internet advertising agency in arbitration.
State and Federal Criminal Matters
  • Successfully negotiated complete dismissal of client’s charge for misdemeanor manslaughter and successfully argued for the reinstatement of the client’s drivers license during the corresponding administrative hearing.
  • Successfully argued that an alleged victim’s restitution related to a client’s hit and run charge was unreasonable.
  • Drafted several Ninth Circuit briefs regarding sentencing issues.
  • Drafted Motion to Suppress and Reply Brief related to client’s unlawful stop, search, and seizure.
  • Assisted in getting charges against a client dismissed and the sentence vacated.
Government Tort Liability and Civil Rights Litigation
  • Represented Plaintiff in Brown Act litigation against local municipality.
  • Represented a client for 42 U.S.C. § 1983 case regarding off-duty police officer’s abuse of position resulting in multi-million-dollar verdict, which included punitive damages.
  • Represented fire department union and individual firefighters in 42 U.S.C. § 1983 case against a city and the fire chief for violation of First Amendment rights.
White Collar Fraud
  • Defended large financial institution in FINRA arbitration.
  • Defended real estate developer in a complex case involving multiple properties and parties.
  • Represented mortgage broker in administrative proceedings in several states and in the Consumer Fraud Protection Bureau.