Brian M. Daucher

Brian M. Daucher: Attorney with Sheppard, Mullin, Richter & Hampton LLP AV stamp icon
Attorney Awards


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.

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, 2018-2019
•Recipient, American Health Lawyers Association, 2016
•Southern California Super Lawyer, 2010-2018
•RAVES (Recognizing AHLA Volunteer Engagement and Success)


• 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

• 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

• Health Plans and Pharmacy Benefit Managers - Past and Future, April 13, 2018

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

Areas of Practice (13)

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

Education & Credentials

Contact Information:
714.424.2843  Phone
714.513.5130  Fax
University Attended:
Dartmouth College, A.B., 1991
Law School Attended:
Duke University, J.D., 1994
Year of First Admission:
United States District Court for the Southern, Central, Eastern, Northern Districts of California, and the Eastern District of Texas; Fifth, Ninth, Tenth, D.C., and Federal Circuit Courts of Appeals; 1994, California; U.S. Supreme Court


•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


Peer Reviews

5.0/5.0 (1 review)
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

  • Analytical Capability

  • Judgment

  • Communication

  • Legal Experience


*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (15)

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Costa Mesa, California

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