Emily F. Keimig

Member

Denver, Colorado

Phone: 303.299.8240

Fax: 303.298.0940

ekeimig@shermanhoward.com

Education

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

Emily is a seasoned employment law counselor and exceptional litigator with a unique focus on data breaches of sensitive information, from employee or customer data to trade secret and confidential assets data.

For more than 25 years, Emily Keimig has advised and represented Colorado businesses and national companies on diverse workplace issues. From providing guidance on and successfully litigating collective and class actions and workplace discrimination claims to drafting, defending, and prosecuting restrictive covenant matters, Emily also is especially known for her skill in helping clients preserve and protect their trade secrets.

As internet use and electronic communications have become integral to business operations, Emily has been at the forefront, offering insight on everything from information/electronic data governance, social media use, and data privacy and protection matters to risk mitigation and protection strategies related to technology use and e-communications in the workplace.

A member of the International Association of Privacy Professionals and a thought leader, Emily speaks regularly on topics related to integrated IT resources use policies, including bring your own device (BYOD), cloud computing, and enterprise mobility management (EMM), as well as social media practices, risks, policies, and protections.

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

PUBLICATIONS

 

PRESENTATIONS

  • 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

  • Faculty of Federal Advocates
  • The Sedona Conference, Working Groups 1 and 11
  • International Association of Privacy Professionals
  • Delegate, Interlaw, An International Association of Independent Law Firms
  • Committee on Development of the Law under the National Labor Relations Act (NLRA)
  • American Bar Association, Labor & Employment Law Section

Highlights

  • Best Lawyers in America, Litigation: Labor and Employment, Denver (2013-2021)