Counsel to the Firm brechtj@lanepowell.com
503.778.2162
Jeff Brecht has more than 19 years of trial experience representing businesses and individuals in state and federal court. His trial and litigation experience includes representing assisted living providers, nursing homes and other long term care providers in a broad array of regulatory, licensure, contract, and collection lawsuits and administrative hearings. Jeff’s practice also includes advising post-acute providers with respect to a wide variety of regulatory compliance and workplace issues. Jeff also has experience defending claims against employers, trade secret and trademark protection, trust and estate disputes, and contract disputes.
Sussman Shank LLP, Special Counsel (2003-2015)
Garvey Schubert Barer, Attorney (1999-2003)
Bullivant Houser Bailey PC, Attorney (1996-1999)
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
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 Awards
John Marshall Moot Court Competition
Illinois State University (M.S., English, 1987)
Illinois State University (B.S., English, 1984)
Cannabis
Long Term Care and Seniors Housing Client Service Team
Litigation
Privacy and Data Security

Long Term Care
Successfully defended assisted living facility in contested case administrative hearing against
Department of Human Services’ finding of abuse and 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
Abundant experience preparing and prosecuting complaints to collect private pay monies owed to
facilities
Business Litigation
Successfully defended an international shipping company against breach of contract claims brought
by a worldwide supplier of airplane shipping containers
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
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
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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 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
“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)
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“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)
”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)
American Health Lawyers Association
Oregon Health Care Association
Washington Health Care Association
American Bar Association
Oregon State Bar Association
Washington State Bar Association
Bradley Angle (Nonprofit Domestic Violence Services Provider)
Board of Directors
Chair/Treasurer, Finance Committee
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