Emily F. Keimig
Emily F. Keimig

Member

Phone: 303.299.8240

Fax: 303.298.0940

ekeimig@shermanhoward.com

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Legal Secretary

Theresa Bohrer
303.299.8038

Areas of Emphasis

Labor and Employment

Data Security and Privacy

Education

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

Emily Keimig is a Member in both Sherman & Howard’s Labor and Employment Department, as well as the Litigation Department, where she heads the firm’s Data Security and Privacy Group. She has worked with companies for more than 20 years, advising and representing companies in virtually all matters that bear upon the employment relationship and the protection of private and confidential data. Emily’s experience is diverse, from counseling and litigating FLSA and discrimination claims to drafting, defending and prosecuting restrictive covenant matters. She devotes a significant part of her practice to information/electronic data governance, social media, data privacy and protection matters, and the effects of technology and e-communications in the workplace.

Representative Matters
  • Managed investigation and remediation of data breaches, including disclosure of trade secrets, for clients in various industries and jurisdictions
  • Structured and assisted in implementation of integrated IT Resources Use Policies, including BYOD, EMM and social media
  • Prevailed in Uniform Trade Secrets Act and duty of loyalty litigation
  • Obtained favorable judgment for federal contractor against Whistle Blower claims by multiple claimants
  • Obtained arbitration award for international mining company which enabled use of new technology by contractor experts
  • Composed and assisted in implementation of Sarbanes Oxley Corporate Code of Ethics for international company
  • Represented membership organization in establishing separate employer entity, including new compensation and benefit plans
  • Secured settlement of multi-state litigation alleging breach of contract and discrimination claims
  • Secured no-cost resolution of public accommodations claims filed with Department of Justice
  • Prevailed in class and collective action involving FLSA and state wage law claims
  • Defeated class certification of wage claims
  • Obtained favorable judgment on “prevailing party”/fee provision in non-disclosure, nonsolicitation agreement
  • Prevailed in Unfair Labor Practice Charge litigation and related arbitrations regarding DOJ contractor requirements
Professional Activities
  • Delegate, Interlaw, An International Association of Independent Law Firms
  • Member, Faculty of Federal Advocates
  • Member, Committee on Development of the Law under the NLRA, Labor & Employment Law Section, American Bar Association
  • Member, The Sedona Conference Working Groups 1 and 11
  • Member, International Association of Privacy Professionals
Honors and Awards
  • The Best Lawyers in America – Litigation – Labor and Employment (2013 – 2019)
Publications and Presentations

Recent Publications

 

Recent Presentations

  • Waymo v. Uber: Lessons From an “IP Case” About ESI in the Workplace
    Sherman & Howard Annual Colorado Labor & Employment Law Conference
    May 2018
  • H.R., Privacy, and Cybersecurity: A Trifecta of Strange Bedfellows
    Sherman & Howard Annual Colorado Labor & Employment Law Conference
    May 2017
  • H.R., Privacy and Cybersecurity:  A Trifecta of Strange Bedfellows
    Sherman & Howard Annual Arizona Labor & Employment Law Conference
    April 2017
  • The Weakest Link: Employees As Victims And (Unknowing?) Perpetrators Of Data Breaches
    Sherman & Howard Annual Colorado Labor & Employment Law Conference Agenda
    May 2016
  • The Weakest Link: Employees as Victims and (Unknowing?) Perpetrators of Data Breaches
    Sherman & Howard Annual Arizona Labor & Employment Seminar
    April 2016
  • Data Security: How is The State of the Art Changing?
    Sherman & Howard Data Security, Compliance, and Privilege Presentation
    May 2015
  • BYOD: OMG!
    Sherman & Howard Annual Colorado Labor & Employment Conference
    April 2015
  • BYOD: OMG!
    Sherman & Howard Annual Arizona Labor & Employment Conference
    April 2015
  • It’s Saturday Night… Do You Know Where Your Data Is?
    Sherman & Howard Annual Colorado Construction Seminar
    February 2015