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Brian M. Daucher: Lawyer with Sheppard, Mullin, Richter & Hampton LLP

Brian M. Daucher

LinkedIn
Phone714.424.2843

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Litigation
  • Financial Institutions Litigation
  • Intellectual Property
  • False Advertising, Lanham Act and Unfair Competition
  • IP Licensing, Technology and Commercial Transactions
  • Healthcare
  • Trade Secrets
  • Trademarks and Trade Dress
  • Copyrights
  • Digital Business
  • Financial Services
 
University Dartmouth College, A.B., 1991
 
Law SchoolDuke University, J.D., 1994
 
Admitted1994, California; U.S. Supreme Court; Fifth, Ninth, Tenth, D.C., and Federal Circuit Courts of Appeals; United States District Court for the Southern, Central, Eastern, Northern Districts of California, and the Eastern District of Texas
 
Biography

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

· 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).

Honors

· Martindale Hubbell AV-Preeminent Rated

· Southern California Super Lawyer, 2010-2013

Memberships

· Chair, Orange County Bar Association Judiciary Committee

· Board Member, Orange County Bar Foundation

· Chair, Irvine Unified School District, Finance Committee

· Board Member, Intervention Center for Early Childhood

Articles

· "Elect thet 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

Speeches

· 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

· What Happens If You Get Sued - Litigation Basics, December 15, 2011, Third Thursday Emerging Company Webinar

 
ISLN900070264
 


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#259 in weekly profile views out of 1,913 lawyers in Costa Mesa, California
#140,279 in weekly profile views out of 1,500,634 total lawyers Overall

Office Information

Brian M. Daucher
Sheppard, Mullin, Richter & Hampton LLP
650 Town Center Drive, 4th Floor
Costa Mesa, CA 92626




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