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

  • 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


•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


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).


•Martindale Hubbell AV-Preeminent Rated

•Southern California Super Lawyer, 2010-2014


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.

CMS Proposes: Calculate Your Own Cap (CYOC)
Brian M. Daucher, June 11, 2014
In its May 2014 publication of the 2015 Hospice Wage Index update, CMS proposes that hospices be required to calculate, report and pay their own hospice cap liability, with reports to be due five months past fiscal year end (i.e., by March 30 of each year after fiscal year end October 31).

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Office Information

Brian M. Daucher

650 Town Center Drive, 4th Floor
Costa MesaCA 92626


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