Overview

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.

Honors

Honors

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)

Insights

Articles

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)

Events

Memberships

Memberships

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

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
  • California
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