Photo of Brian M. Daucher

Brian M. Daucher

Orange County
F: +1.714.513.5130


  • 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
Thought Leadership


Brian Daucher specializes in business litigation with emphasis on contract, healthcare, and intellectual property disputes. Brian has represented clients in a wide range of industries including healthcare, technology, consumer products, fiduciary and banking services, food and alcohol, sports and energy. He is also a member of the firm's Compensation Committee. 

Key Experience

  • Won $16 million arbitration award against Dentsply international for willful trademark infringement.
  • Defeated $66 million earn-out claim by seller brought against major sports clothing and equipment manufacturer.
  • Won $8 million arbitration award against Avaya for termination of longstanding reseller.
  • Defeated claim of constructive trust over undeveloped land valued in excess of $20 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.
  • Defeated trustee petition to confirm extraordinary compensation of $45 million to trustee and affiliates.
  • Won $16 million jury verdict against commercial institution for fraud.
  • Successfully invalidated hospice cap regulation, with set aside of cap repayment demands in excess of $75 million.


  • Martindale Hubbell AV-Preeminent Rated
  • Best Lawyers in America, Litigation, Best Lawyers, 2018-2020
  • Recipient, American Health Lawyers Association, 2016
  • Southern California Super Lawyer, 2010-2020
  • RAVES (Recognizing AHLA Volunteer Engagement and Success)

Thought Leadership


Hospice Law Blog Posts

Healthcare 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)



  • President, Project Youth Orange County Bar Foundation (2018)
  • Orange County Bar Association Judiciary Committee (2006-2011, Chair (2011))
  • Vice President, Dartmouth Lawyers Association
  • Board Member, Intervention Center for Early Childhood