Rebecca L. Penn

Associate phone: 425.822.9281 x7304 fax: 425.828.0908

Legal Assistant: Laura Faulstich

Rebecca Penn concentrates her practice in helping clients both avoid disputes and successfully litigate disputes when necessary. She is a civil litigator with over 12 years of experience in a broad range of subjects including business law, land use, real estate, healthcare law, contracts, investor fraud, insurance law, to name a few. Prior to joining Livengood Alskog, she acquired significant litigation and trial experience representing hospitals, physicians, utility companies and large commercial insurers. Rebecca is not only able to advance her clients’ interests in their day-to-day operations, she is a powerful advocate in any court. Rebecca also knows the risk and expense of trial and therefore works to negotiate more cost effective strategies to resolve disputes to her clients’ advantage.

She represents a number of business clients and individuals overseeing all manner of legal issues including defending private civil claims, City code violations, employer/employee matters, independent contractor relationships, business agreements and transactions, commercial leases, real estate disputes and sales, land use disputes, professional service employment contracts and defending class action lawsuits.

Rebecca also devotes her practice to providing general counsel for small private schools as well as large public school districts on a wide range of issues, including policy advising and drafting, student data privacy rights and protections, drafting data sharing agreements and contracts, FERPA, Public Records Act counsel, compliance with state and federal education laws, employment issues, student discipline and First Amendment rights.

Rebecca both defends and brings claims under the Public Records Act.

Testimonials

Representative Matters

Business Contract Dispute Resolution

  • Represented several business owners in lawsuits against former employees for breaching non-competition contract clauses. Each case resulted in permanent injunctions against the employees’ misconduct, protecting businesses’ clientele.
  • Successfully defended a commercial property tenant in a lawsuit brought by a landlord for breach of commercial lease.
  • Represented client in breach of contract and earnest money dispute. Client prevailed with with a favorable ruling from the court.
  • Successfully defended a commercial client in a breach of commercial lease lawsuit by obtaining a ruling in the client’s favor.

Public Records Act

  • Represented client in bringing a Public Records Act case against a county, achieving resolution to the benefit of her client.
  • Represented public hospital district in defending a Public Records Act case, achieving resolution to the benefit of the hospital client.

Employment Law

  • Represented business client in discrimination case brought by employee and prosecuted by the State Attorney General. The case was dismissed against the client with a finding of no discrimination.

Administrative Appeals

  • Defended public school district against parent’s appeal of administration decision under Family Educational Rights and Privacy Act, achieving decision in the district’s favor.
  • Successfully represented a university student client through appeal to overturn an adverse disciplinary decision under the Student Code of Conduct.
  • Successfully appealed an attempted revocation of sports club membership rights under the club’s code of conduct.

Professional Services Contract Review

  • Represented physician clients to negotiate more favorable employment contract terms following acquisition of hospital employer by another healthcare provider.

Land Use and Real Estate

  • Successfully defeated preliminary injunction brought by commercial tenant against commercial landlord and co-tenant for alleged violation of exclusive use lease term. Landlord and tenant were able to carry on their respective businesses without interference.
  • Represented property owner in trespass and property damage claim against the Washington State Department of Transportation with early case resolution to the benefit of client.
  • Represented property owner to successfully preserve the use of an easement during foreclosure proceedings of servient estate.
  • Successfully defended a property owner in a breach of purchase and sale agreement lawsuit based on misrepresentation claims under a seller disclosure. She was able to get the case dismissed at an early juncture to the benefit of her client.
  • Successfully defended physician-tenant against breach of lease claims by landlord, resulting in full concession of landlord’s claim.
  • Represented landowner in City Code violations for cutting trees. Settlement reached to client’s advantage.

Professional & Civic Involvement

  • Washington Council of School Attorneys
  • Washington State Bar Association
  • King County Bar Association
  • American Bar Association
  • Kirkland Downtown Association, Board Chair – Committee for Sponsorship

Personal

Rebecca lives in Kirkland where she is raising her two young children together with her husband, a Kirkland/Bellevue based orthopedic surgeon.  She spends much time at the local parks and outdoors with her family, going to various kids’ activities, hiking and boating on Lake Washington. Rebecca is also on the board of the Kirkland Downtown Association where she works to support Kirkland’s events and activities to the benefit of its residents and many visitors.