Emily F. Keimig

Member

Denver, Colorado

Phone: 303.299.8240

Fax: 303.298.0940

[email protected]

Education

  • Juris Doctor, University of Colorado School of Law, 1992
  • Bachelor of Science in Business Administration, University of Colorado, 1989
    • cum laude

Emily Keimig has first-hand experience knowing what it takes to run a business and uses that perspective to help her clients.

From her days working in her family’s small business to her undergraduate degree in Business Administration to her practices in employment law, litigation, and data privacy and security, Emily brings more than 30 years of experience representing clients and her unique perspective to each situation.

She established and leads the data privacy and security area focusing on the protection and management of sensitive information, from employee or consumer data to trade secret and confidential assets data. She advises and represents companies in virtually all matters that bear upon the human and data/information capital critical to the growth and success of her clients. Emily devotes a significant part of her practice to information/electronic data governance, social media, data privacy and protection matters, artificial intelligence, and the effects–both in terms of value and risk–of technology and e-communication inside and outside the workplace. While much of law is well-precedented, the area of technology and data collection is constantly evolving, and Emily uses her creativity to represent clients in unchartered territories, such as AI, as they develop, often even foreseeing possibilities before they materialize so her clients may be prepared.

Emily’s experience is diverse, from counseling on and litigation of employment and commercial law matters to drafting, defending and prosecuting restrictive covenants and trade secrets protection agreements to due diligence and executive compensation in mergers and acquisitions to board director advice and counsel related to governance, growth and transition. She works with national and international entities ranging from startups to Fortune 100 companies in industries as diverse as technology, healthcare, aerospace, mining, agriculture, and retail. Her work in these industries also has involved her guidance to clients on regulatory compliance matters and internal investigations.

Her clients appreciate her responsiveness and her ability to draw on years of experience to help her clients navigate the challenges they face. She takes the time to understand each one of her clients’ businesses and their priorities so she can meet their goals. Emily is practical and business driven.

Experience

  • Defended Ensign United States Drilling Inc. in two collective actions under the Fair Labor Standards Act (FLSA) and one class action under Colorado state law. The cases were complicated by the fact that wage and hour issues in the drilling industry present unique problems due to the remote locations and unusual shift requirements.
  • Successfully resolved Americans with Disabilities Act (ADA) Title III public accommodations cases involving claims-related matters ranging from website accessibility to alleged harm from electromagnetic fields for clients in various industries, from higher education to insurance brokers to financial services firms. These cases arose via claims filed with the United States Department of Justice (DOJ) and suits filed by individuals.
  • Advised on and favorably resolved employment-related and other types of disputes involving virtually every type of healthcare industry player. Cases handled required careful management of very sensitive data, implicated agency involvement and complex government regulations, and often posed significant risk of liability and damage to goodwill.
  • Prevailed in arbitration of claims against a group of employees that included a high-level manager that defrauded our oil and gas industry client by concealing problems that created significant potential liability under various state and federal statutes addressing health and environmental protections. The arbitrators ordered the employees’ disgorgement of incentive payments made to them before discovery of their misconduct.
  • Guiding clients through the complex web of data management requirements and liabilities, from drafting policies and internal practices to working with IT forensic specialists to navigating data privacy and protection concerns in litigation.
  • Represented a financial services industry client in successfully resolving claims in a case alleging unlawful discrimination by a high-level employee who had access to employee data, trade secrets and other very sensitive information. The resolution enabled the client to preserve the confidentiality of all of its sensitive information.

Publications & Presentations

PRESS

PUBLICATIONS

 

PRESENTATIONS

  • ‘AI Made Me Do It’ No Defense When Using Automation in Employment
    Annual Colorado Labor & Employment Law Seminar | September 29, 2023
  • Privacy Interests and Rights in the Workplace
    Annual Colorado Labor & Employment Law Conference | May 2019
  • Waymo v. Uber: Lessons From an “IP Case” About ESI in the Workplace
    Annual Colorado Labor & Employment Law Conference | May 2018
  • H.R., Privacy, and Cybersecurity: A Trifecta of Strange Bedfellows
    Annual Colorado Labor & Employment Law Conference | May 2017
  • H.R., Privacy and Cybersecurity:  A Trifecta of Strange Bedfellows
    Annual Arizona Labor & Employment Law Conference | April 2017
  • The Weakest Link: Employees As Victims And (Unknowing?) Perpetrators Of Data Breaches
    Annual Colorado Labor & Employment Law Conference Agenda | May 2016
  • The Weakest Link: Employees as Victims and (Unknowing?) Perpetrators of Data Breaches
    Annual Arizona Labor & Employment Seminar | April 2016
  • Data Security: How is The State of the Art Changing?
    Data Security, Compliance, and Privilege Presentation | May 2015
  • BYOD: OMG!
    Annual Colorado Labor & Employment Conference | April 2015
  • BYOD: OMG!
    Annual Arizona Labor & Employment Conference | April 2015
  • It’s Saturday Night… Do You Know Where Your Data Is?
    Annual Colorado Construction Seminar | February 2015

Professional Activities

  • The Sedona Conference, Working Group 11
  • International Association of Privacy Professionals

Highlights

  • Best Lawyers in America, Litigation: Labor and Employment, Denver (2013-2024)