RIGHTS ENFORCEMENT AND THE INTERNET 

LP&J attorneys have unparalleled experience in the rapidly developing field of copyright, trademark and other enforcement actions in the internet realm.  

Several years ago, LP&J attorneys became some of the first in the United States to engage in the defense of individuals and small businesses against a massive wave of copyright infringement actions brought by members of the Recording Industry Association of America. These federal claims involved allegations of uploading, downloading and sharing protected files on the internet, and the successful resolution of several of these cases required an understanding of the complexities of file-sharing protocols and the various online software technologies that were involved in investigating the claims.  In 2007, one of our clients became only the second defendant of many thousands sued to have prevailed in the U.S. Courts against the Recording Industry.  Since then, our attorneys have represented hundreds of internet users in connection with scores of lawsuits arising from the investigation of Bittorrent activities. 

LP&J's practice has expanded to include representation of copyright and trademark holders and other internet users with respect to various issues arising from actual or potential allegations of infringement, unfair or deceptive practices, libel and slander. In addition to litigating claims and defenses under the Copyright Act and Lanham Act, we are able to consult with rights-holders, licensees and others regarding creating, marketing and distributing their works on the internet while avoiding potential liabilities. Through our experience we have developed a network of computer scientists and other subject matter and technical experts that can assist us in guiding our clients through challenging situations arising from rights enforcement and computer technologies.

LP&J provides comprehensive legal services for physicians, nurses, dentists and other health care providers, as well as operators of assisted living, nursing and residential care facilities.

LP&J attorneys defend physicians, nurses, mental health counselors, chiropractors, dentists and many other types of health care providers in professional negligence and malpractice actions. We represent a broad array of providers in federal and state agency enforcement actions, Department of Health disciplinary proceedings, and other regulatory matters.  Our attorneys have extensive experience representing providers throughout bench and jury trials, mediations and arbitrations, administrative hearings and depositions.   Based on this diverse and long-standing experience, we help our provider clients explore opportunities for reaching confidential and prompt resolution of actual and potential disputes and managing reporting requirements.   LP&J attorneys also provide advice to care providers regarding employment and management agreements and the formation, operation and termination of practice groups and professional corporate entities.  

LP&J attorneys also represent nursing homes, assisted living facilities, counseling centers, and Adult Family Homes in various governmental investigations, enforcement actions and other regulatory matters, including those involving the Department of Social and Health Services, the Department of Health, and the Centers for Medicare and Medicaid Services (CMS).  In addition to participating in active inquiries and enforcement, we advise facilities regarding best practices, contracts and policies in consideration of the panoply of federal, state and local laws and regulations affecting the provision of care and services.

LP&J attorneys have represented national banking associations, mortgage brokers, local financial institutions, and loan servicers in a wide variety of civil disputes ranging from compliance with the Real Estate Settlement Procedures Act (“RESPA”) the Truth In Lending Act (“TILA”), the Washington Consumer Protection Act (“CPA”) and a host of related laws and regulations.

Our lawyers have extensive experience defending lenders and brokers in disputes with regulatory agencies, including the Washington State Department of Financial Institutions.  The lawyers of LP&J have assisted numerous financial and lending institutions in litigation arising from schemes to defraud mortgage lenders, wrongfully encumber assets, and otherwise delay lawful foreclosure proceedings.

The lawyers of LP&J have decades of collective experience with the handling of many varieties of commercial and general litigation through trial, arbitration and mediation.  We are experienced in representing both plaintiffs and defendants at every phase of the litigation process, from strategic pre-litigation investigation to the conclusion of final appellate review. In each and every case, we listen to our clients to understand what is truly at stake for them. We work efficiently to analyze the risks and costs of litigation, and carefully explain the potential benefits of early mediation or alternative dispute resolution.

In addition to the litigation practice areas mentioned elsewhere on this site, LP&J’s general litigation experience includes guardianship actions, probate proceedings and will contests; personal injury and wrongful death claims; claims for defective products and breaches of express and implied warranties; adversary proceedings in bankruptcy actions; disputes regarding the design, engineering, construction and repair of residential and commercial real properties; and all manner of issues arising from the marketing, purchase and sale of business assets and intellectual property.

The lawyers of LP&J have extensive experience handling insurance coverage issues and related matters in state and federal courts throughout Washington, Oregon and California. We routinely provide insurance coverage advice and representation to industry clients who face general liability exposure in these and other areas.  In addition, we have assisted both individual and corporate clients as insureds seeking coverage under various policies and have handled “bad faith” denials of coverage with effective results. 

We have successfully prosecuted and defended several insurance coverage cases and also have extensive experience with disputes regarding the scope and enforceability of defense and indemnity provisions found in many types of commercial contracts that often give rise to insurance coverage issues. In such cases, we have obtained significant judgments for legal costs and indemnity on behalf of our clients.

LP&J attorneys are able to assist entrepreneurs, start-ups, and small business proprietors with a variety of legal issues that may arise at all phases during the life of a business venture. We are proud to have assisted a creative and diverse client base in realizing a host of unique business visions.

State laws permit a variety of approved forms of business entities, including corporations, limited liability companies (LLCs), limited liability partnerships (LLPs), limited partnership (LPs) and other business organizations. We consult with entrepreneurs on organizational and structuring issues. We assist in the drafting of operating agreements, by-laws, and other requisite documents, register the new business with the appropriate governmental agencies, and provide advice regarding maintaining corporate formalities. LP&J is committed to cost-effective representation and flexible retainer arrangements to accommodate our clients’ needs. 

During the ongoing operations of the business, LP&J can provide continuing consultation regarding business contracts, liability insurance, intellectual property, professional licensing, and employment matters. Our coordinate practice groups can assist in advising the business about potential claims and other issues that commonly arise in these areas, performing seminars and training for employees and managers, and if necessary, providing advice and representation in the event of dispute.

For many reasons, principals in partnerships and joint ventures may determine it best to reorganize, merge with a separate entity, or terminate their existing business. LP&J can provide assistance in these situations as well, effecting the appropriate winding up and dissolution of the entity while minimizing the scope of ongoing expenses and potential liabilities.

LP&J represents farming and other agricultural enterprises in Washington, Oregon, California and South America.