Brian M. DaucherTEL: 714.424.2843
650 Town Center Drive
Costa Mesa, CA 92626
- Intellectual Property
Brian M. DaucherPrint PDF
Mr. Daucher specializes in business litigation with emphasis on contract, health care, and intellectual property disputes. Mr. Daucher has represented clients in a wide range of industries including technology, consumer products, fiduciary and banking services, food and alcohol, health care, and energy.
- Successfully challenged validity of Federal hospice cap regulation (in more than 10 district courts and before 2 courts of appeals), won suspension and replacement of regulation, and set aside of cap repayment demands in excess of $75 million.
- Won $6.4 million jury verdict against Cisco Systems for breach of deal registration and wrongful termination of reseller, including judicial invalidation of key Cisco reseller agreement clauses (2008).
- Won $16 million jury verdict against commercial institution for fraud (2006).
- Defeated claim of constructive trust over undeveloped land valued in excess of $20 million (bench trial 2006).
- Defeated trustee petition to confirm extraordinary compensation of $45 million to trustee and affiliates (bench trial 2005).
- J.D., Duke University, 1994
- A.B., Dartmouth College, 1991
- U.S. Supreme Court
- Fifth, Ninth, Tenth, D.C., and Federal Circuit Courts of Appeals
- United States District Court for the Southern, Central, Eastern, Northern Districts of California, and the Eastern District of Texas
- Chair, Orange County Bar Association Judiciary Committee
- Board Member, Orange County Bar Foundation
- Chair, Irvine Unified School District, Finance Committee
- Board Member, Intervention Center for Early Childhood
- "Elect thet Proportional Method," Caring, September 2011
- "Who Protects the Intellectual Property of your Business?" April 10, 2006
- "Bankruptcy Considerations In Intellectual Property Licensing - Concerning The Unthinkable," March 4, 2005
- Presenter: Hospice and Home Health Litigation, given before the American Health Lawyers Association Annual Meeting for Long Term Care and the Law Conference, Phoenix, Arizona (2012)
- Speaker: Recent Development in Hospice Litigation, given to American Health Lawyers Association (2011)
- Speaker: Mitigating Operating Risk In Channel, given to Channel Focus Working Group (2010)
- Panelist: Deconstructing the Agent Agreement, given at the Channel Partners Conference & Expo in Las Vegas (2009)
- Presenter: Litigation E-Discovery: What You Need To Know Before Litigation, given before the Dartmouth Lawyers Association (2006)
- Panelist: Bankruptcy Considerations in Intellectual Property Licensing: Concerning The Unthinkable, before the Orange County Patent Law Association (2005)
- Panelist: Advertising in the Outfield: Sweepstakes, Contests and Promotions, given before the American Corporate Counsel Association, Southern California Chapter (2003)
- What Happens If You Get Sued - Litigation Basics, December 15, 2011, Third Thursday Emerging Company Webinar