Photo of Brian M. Daucher

Brian M. Daucher

Orange County
T: 714.424.2843
F: 714.513.5130


  • 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
  • California
Publications & News

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 health care, technology, consumer products, fiduciary and banking services, food and alcohol, 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 (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


Hospice Law Blog Posts

Speaking Engagements

  • 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