Brian M. Daucher

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.

Key Experience

• 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)

Education

• J.D., Duke University, 1994
• A.B., Dartmouth College, 1991

Admissions

• 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
• California

Honors

• Martindale Hubbell AV-Rated
• Southern California Super Lawyer, 2010, 2011, 2012

Memberships

• 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

Articles

• Who Protects the Intellectual Property of your Business?, April 10, 2006
• Bankruptcy Considerations In Intellectual Property Licensing - Concerning The Unthinkable, March 4, 2005

"Elect thet Proportional Method," Caring, September 2011

Speeches

• 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)

Events

• What Happens If You Get Sued - Litigation Basics, December 15, 2011, Third Thursday Emerging Company Webinar