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

Brian M. Daucher


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AV® Preeminent

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Practice Areas

  • Healthcare
  • Intellectual Property
  • Copyrights
  • False Advertising
  • Lanham Act and Unfair Competition
  • IP Licensing
  • Financial Services
  • Technology and Commercial Transactions
  • Trade Secrets
  • Trademarks and Trade Dress
  • Litigation
  • Financial Institutions Litigation
  • Digital Media
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


•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


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

Publications & News


• Elect that 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

Hospice Law Blog Posts

• 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

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)


•What Happens if You Get Sued? Litigation Basics
Third Thursday Emerging Company Webinar Series
via WebEx, July 17, 2014
•What Happens If You Get Sued - Litigation Basics
Third Thursday Emerging Company Webinar
WebEx, December 15, 2011


Documents by this lawyer on

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Hospices To Self-Report Cap Without Sequestration; MACs To Capture Sequestration Later
Brian M. Daucher, March 18, 2015
This week, the Medicare Administrative Contractors issued instructions for hospices to self-report FY 2014 hospice cap (reports due this month, March 31, 2015). These instructions include a spreadsheet substantially similar to what we offered earlier this year. Hospices that fail to submit reports...

2014 Cap Year Mandatory Hospice Cap Calculation - Be Ready
Brian M. Daucher,Douglas Robert Luther, February 6, 2015
With the 2014 cap year just concluded, it’s time to think about the new cap calculation requirements.

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Office Information

Brian M. Daucher

650 Town Center Drive, 4th Floor
Costa MesaCA 92626


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