- 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
Brian Daucher specializes in business litigation with emphasis on contract, healthcare, and intellectual property disputes. Mr. Daucher has represented clients in a wide range of industries including healthcare, technology, consumer products, fiduciary and banking services, food and alcohol, 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 (2012).
- Won $8 million arbitration award against Avaya for termination of longstanding reseller (2014).
- 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).
- Martindale Hubbell AV-Preeminent Rated
- Southern California Super Lawyer, 2010-2015
- "Elect that 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
Hospice Law Blog Posts
- "Hospice Cap Determination – 2015 Self Reporting Window Opening," January 25, 2016
- "Hospice Notice of Election / Direct Data Entry Perils," January 12, 2015
- "Hospice Payment Changes Take Effect," January 5, 2016
- "Hospice False Claims Case Helps Clarify Law," November 20, 2015
- "Hospice Cap Sequestration Update," November 3, 2015
- "CMS Proposes Payment Reform/Cap Adjustments," May 6, 2015
- "ALJ Now Dismissing Hospice Appeals For Allegedly Insufficient Service On Beneficiary," April 28, 2015
- "Sequestration Adjustments To Hospice Cap – See Examples," April 14, 2015
- "MACs Issue FY 2013 Hospice Cap Demands With Sequestration; Group Appeal Now Open," March 25, 2015
- "Hospices To Self-Report Cap Without Sequestration; MACs To Capture Sequestration Later," March 5, 2015
- "CMS Plans To Add Sequestration Dollars To Hospice Cap," November 17, 2014
- "2014 Cap Year Mandatory Hospice Cap Calculation – Be Ready," November 4, 2014
- "New CMS Hospice Item Set Reporting Invades Privacy Rights," June 18, 2014
- "CMS Proposes: Calculate Your Own Cap (CYOC)," June 3, 2014
- "Notes from AHLA Presentation on Post Payment Audits," March 12, 2014
- "Notes On Increasing Acute and Post-Acute Integration," March 5, 2014
- "MEDPac’s View of the Hospice Benefit: December Meeting Update," January 10, 2014
- "Hospice to Provide “Virtually All” Care – First Up, Prescription Drugs," December 19, 2013
- "'Tis The Season for Hospice Probe Edits – Be Ready," November 7, 2013
- "Hospice Face 2 Face Audit Update," October 14, 2013
- "A Review of CMS’ Approach to $125 Million Recoupment of Payments to Providers for Services to Incarcerated / Unlawfully Present Beneficiaries," August 5, 2013
- "Hospice Cap Calculation Update," August 2, 2013
- "Hospice Cap: Past, Present, and Future," May 10, 2013
- "ZPIC/RAC Audits – What You Need To Know," February 26, 2013
- Presenter: ZPIC Audits, given before the American Health Lawyers Association Annual Meeting for Long Term Care and the Law Conference, (2013 and 2014)
- 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)
- Orange County Bar Association Judiciary Committee (2006-2011, Chair (2011))
- Treasurer, Orange County Bar Foundation
- Vice President, Dartmouth Lawyers Association
- Irvine Unified School District, Finance Committee
- Board Member, Intervention Center for Early Childhood