Attorneys

Attorneys

Jeff C.D. Brecht

Counsel to the Firm | Portland | 503.778.2162 | brechtj@lanepowell.com

Areas of Practice

Jeff Brecht has more than 20 years of trial experience representing businesses and individuals in state and federal court. His litigation experience includes enforcing contracts, defending claims against employers, enforcing non-competition agreements, protecting trade secrets and trademarks, and prosecuting and defending against trust and estate claims and claims against fiduciaries. Jeff also trains and advises employers on lawful employment practices and assists in conducting workplace investigations.

Jeff also regularly advises and represents long term care and senior living businesses and professionals on a broad array of regulatory, contract, licensure, resident discharge/transfer matters, and agency actions, in administrative hearings and appeals Jeff’s practice also includes advising HIPAA-covered entities and business associates with respect to privacy and security rule compliance and responding to subpoenas that seek protected health information.

Admitted to Practice

  • Oregon
  • Washington
  • U.S. District Court, District of Oregon
  • U.S. District Court, Western District of Washington
  • U.S. District Court, Eastern District of Washington
  • Ninth Circuit Court of Appeals

Academics

  • Northern Illinois University (J.D., magna cum laude, 1996)
    • Law Review, Editor
    • Dean’s List
    • Corpus Juris Secundum and American Jurisprudence, Property Law and Criminal Law
  • Illinois State University (M.S., English, 1987)
  • Illinois State University (B.S., English, 1984)

Practice Group and Specialty Team Memberships

  • Labor and Employment
  • Litigation
  • Senior Living and Long Term Care Client Team
  • Cannabis
  • Privacy and Data Security

Representative Matters and Clients

Business Litigation

  • Successfully defended an international shipping company against breach of contract claims brought by a worldwide supplier of airplane shipping containers
  • Prosecuted landfill licensee’s federal claims against government licensing agency, resulting in favorable settlement
  • Prosecuted beneficiaries’ claims against trustees
  • Successfully prosecuted breach of duty claims against former director of plumbing corporation; defendant director settled lawsuit on day the jury trial was to begin
  • Successfully represented homeowner in prosecution of negligence and unlawful trade practices claims against contractor who sold and constructed a home with defective roof and building envelope system
  • Jury trial of negligence claims against bridge architect
  • Represented landowners at jury trial in prosecution of professional negligence claims against an engineer who designed bridge that became so clogged with river debris during moderate rainfall that it had to be dismantled

Long Term Care

  • Successfully defended assisted living facility in contested case administrative hearing against Department of Human Services’ finding of abuse assessment of an enhanced abuse civil penalty
  • Represented applicant for potential license for new construction of an assisted living facility in a contested case administrative hearing
  • Successfully prosecuted federal lawsuit on behalf of multiple long term care facilities against insurance companies to recover monies insurance company owed to facilities
  • Regularly represents facilities and individual health care licensees with respect to licensure, regulatory and compliance issues, including administrative appeals
  • Prepares and prosecutes complaints to collect private pay monies owed to facilities

Trust and Estate Litigation

  • On behalf of trust beneficiaries, successfully prosecuted claims against co-trustees through a two- week trial; judge awarded client damages and their attorneys fees and costs, in excess of $300,000
  • Successfully defended the son and grandchildren of a deceased family patriarch, against allegations in a will contest that the clients had conspired to unduly influence the decedent; after an eight-    day trial, the trial court dismissed the will contest, granted request to find that the claims against the clients had no objectively reasonable basis, and awarded fees and costs in favor of the client beneficiaries
  • Represented trust beneficiaries in a consolidated appeal of multiple state court judgments granted in their favor, and against trustees who the trial court found had breached their statutory duties to the clients; after a two-year appeal, which involved a trial transcript that was over 2,000 pages in length, the Court of Appeals affirmed the trial court’s decisions and judgments, without opinion, in the clients’ favor

Employer Defense

  • Defended employer against employee’s whistleblower lawsuit, negotiating favorable settelment after obtaining state agency finding that employee’s claims were not substantiated
  • Defended a trucking company against a former employee’s claims of worker’s compensation discrimination; negotiated a dismissal and release of all claims after obtaining favorable deposition testimony from the plaintiff/employee
  • Obtained appellate decision and judgment affirming trial judgments in client’s favor
  • Successfully enforced a non-competition agreement, obtained an injunction and obtained damages through a favorable settlement against a former employee on behalf of national real estate training corporation
  • Regularly provides advice, training and counsel to companies on a wide range of employment-related   topics including terminations, non-competition agreements, appropriate and effective employee   documentation, harassment and discrimination investigations, analyzing wage and hour issues, and   severance agreements
  • On behalf of retail employer, responded to an employee’s whistle blower and wrongful termination claims filed with the Oregon Bureau of Labor and Industries (BOLI); BOLI’s investigation confirmed that the client employer had acted appropriately and lawfully, and all claims were dismissed

Publications

  • “Cannabis Conundrum: Conflicting Laws Mean Ongoing Challenges for Oregon’s Senior Housing and Long Term Care Industry,” Oregon Business magazine (July 2016)
  • “Increased Ransomware Attacks and Phase 2 HIPAA Audits: Two Closely-Related Issues for Long Term Care Providers,” Lane Powell Legal Update (May 5, 2016)
  • “Oregon’s Statutory Peer Review Privilege for Health Care Providers: What It Is and How to Not Waive It,” Oregon State Bar’s Litigation Journal (Spring 2016)
  • “Unlawful Trade Practices, Investigations, and Claims: Are Long Term Care Providers at Risk?” Co-author, Lane Powell White Paper (February 12, 2016)
  • “CMS Has Added a New Five-Star Ratings Tool to Help Patients Compare and Choose Among Home Health Agencies,” Lane Powell White Paper (February 12, 2016)
  • “CMS’ Staffing Data Reporting Requirement Becomes Mandatory for Long Term Care Facilities,” Lane Powell White Paper (February 12, 2016)
  • “Oregon’s Statutory Peer Review Privilege for Health Care Providers: What it is and How to Not Waive It,” Oregon State Bar Litigation Journal (2016)
  • “Proceed With Caution: Does HIPAA Apply to Your Business?” Oregon Business magazine, Co-author (July/August 2015)
  • “Arbitration Can Be Better Than Litigation,” Oregon Daily Journal of Commerce (September 10, 2014)
  • “Ask the Lawyer: Employees Using Social Media, a Need for Concern?” The HeartBEAT, Oregon Health Care Association (November 2013)
  • “How to Enforce a Non-Competition Agreement Against a Former Employee,” Oregon Daily Journal of Commerce (June 9, 2011)
  • “New Law Prohibits Employers From Considering Genetic Information in Making Workplace Decisions,” Oregon Daily Journal of Commerce (February 11, 2010)
  • “Hope Springs Eternal for Prevailing Employers,” Oregon Daily Journal of Commerce (September 10, 2009)
  • “Want to Hire Your Friend? Go Ahead,” Oregon Daily Journal of Commerce (March 13, 2009)

Speaking Engagements

  • “Whistleblowing and Employee Complaints: What Every Oregon Employer Should Know (and Do),” the Oregon Bureau of Labor and Industries’ 32nd Annual Employment Law Conference, Presenter (November 15, 2016)
  • “Reefer Madness: Marijuana in Senior Care and Housing,” LeadingAge Oregon Annual Leadership Conference, Co-presenter (September 29, 2016)
  • “Employment Law for Employers: Hot Issues on Hiring, Discipline and Workers Compensation,” OHCA Annual Convention and Trade Show, Co-presenter (September 19, 2016)
  • “Modern Technology in LTC: Uses and Regulatory Implications,” Oregon Health Care Association’s Annual Spring Expo, Co-presenter (March 3, 2016)
  • “Marijuana Legalization and Long Term Care in Oregon: Policies and Procedures for Resident Rights and Resident Safety,” Oregon Health Care Association’s 2015 Annual Convention and Trade Show, Co-presenter (September 15, 2015)
  • Oregon Health Care Association’s Risk Management Conference, Co-presenter (April 29, 2015)
  • “Regulatory Issues: Trips and Traps,” Oregon Health Care Association’s Annual Spring Expo, Co-presenter (March 6, 2015)
  • “Workplace Harassment and Discrimination,” Bureau of Labor and Industries’ 30th Annual Employment Law Conference, Co-presenter (November 6, 2014)
  • “Facility Privacy Best Practices: The Intersection of HIPAA & Social Media,” Oregon Health Care Association’s 2014 Annual Convention and Trade Show, Co-presenter (September 23, 2014)
  • “Nuts and Bolts of the Fair Housing Act and the Americans With Disabilities Act,” Oregon Health Care Association’s 2014 Annual Convention and Trade Show, Co-presenter (September 23, 2014)
  • “Facility Privacy Best Practices: The Intersection of HIPAA & Social Media,” Oregon Health Care Association’s Annual Spring Expo, Co-presenter (March 7, 2014)
  • Presenter at multiple Oregon Bureau of Labor and Industry’s Annual Employment Law Conferences

Professional and Community Activities

  • American Health Lawyers Association
  • Oregon Health Care Association
  • Washington Health Care Association
  • American Bar Association
  • Oregon State Bar Association
  • Washington State Bar Association