Brian M. Daucher

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 (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).

Good to know

Areas of Practice 1) Healthcare, 2) Intellectual Property, 3) Copyrights, 4) False Advertising, 5) Lanham Act and Unfair Competition, 6) IP Licensing, 7) Technology and Commercial Transactions, 8) Trade Secrets, 9) Trademarks and Trade Dress, 10) Litigation and 11) Financial Institutions Litigation
Law School Duke University School of Law (J.D., 1994)
Admitted Year 1994
Education Dartmouth College (A.B., 1991)
Bar Member / Association California State Bar Association
Most recent firm Sheppard, Mullin, Richter & Hampton LLP
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