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, 2018-2024

Recipient, American Health Lawyers Association, 2016

Southern California Super Lawyer, 2010-2024

RAVES (Recognizing AHLA Volunteer Engagement and Success)



Hospice Law Blog Posts

  • "MEDPAC Reviews Hospice; Proposes Quadrupling Cap Recoveries," December 9, 2020

  • "CMS Sending Hospice Cap Demands Ahead of Schedule," March 30, 2020
  • "CARES Act: Telehealth Allowed for Hospice Recertification/Face to Face," March 27, 2020
  • "Coronavirus: Hospices Can Help," March 18, 2020
  • "Annual DDE Recertification Due 9/30 (And Other DDE Pitfalls)," September 23, 2019
  • "Hospice False Claims: AseraCare Lost A Battle But Has Helped Win The War," September 17, 2019

  • "CMS Finalizes 2020 Hospice Rule: Big Changes Coming," August 12, 2019

  • "CMS Proposes To Shift Hospice Funding From Routine To Enhanced Care Days," May 2, 2019
  • "CMS Proposes To Force Hospices to Specify Unrelated Treatments," April 29, 2019 
  • "PRRB Sides With CMS On Hospice Cap Sequestration – Federal Court Next," March 5, 2019 
  • "Hospice Short Film End Game Up For Academy Award," February 4, 2019 
  • "Can AI Help Solve The Hospice Eligibility Question?," June 19, 2018 
  • "CMS Rolls Out Provider Appeals Settlement Efforts," April 12, 2018 
  • "Hospice Live Discharges: Some Perspective," August 23, 2017
  • "CMS Publishes 2016 Hospice Data, Indicating Further Scrutiny/Changes," May 11, 2017
  • "Hospice Cap Calculation Changes," January 9, 2017
  • "CMS Issues Suggested Notice Of Election Statement," January 2, 2017
  • "ZPICs Terrorize, Close Hospices; CMS Blesses Approach," November 22, 2016
  • "OIG Issues Report On Hospice Election Statements," September 26, 2016
  • "CMS Proposes ALJ Hearing Changes," July 15, 2016
  • "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

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


J.D., Duke University, 1994

A.B., Dartmouth College, 1991


  • California
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
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