Dustin D. Berger

Dustin D. Berger

Of Counsel
Seattle, WA
Overview

About Dustin

Dustin Berger is Of Counsel and counsels clients on data security, privacy, and employment matters. He has represented clients in a variety of civil litigation matters in trial and appellate courts as well as before state and federal administrative agencies.

Before joining Stoel Rives, Dustin was an attorney for Holland & Hart LLP (2015-2018) and for Childs McCune LLC (2014-2015), a judicial clerk at the U.S. Court of Appeals for the Tenth Circuit (2011-2014) and the Colorado Court of Appeals (2009-2010), and the chief technology officer for the Denver-area community of Parker, Colorado (1998-2008).

His hobbies include Shotokan karate, wine and wine-related travel, hiking, and jazz music.

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Experience

Experience

  • Review clients’ employment, information security, and information privacy policies, notices, agreements, and practices.
  • Counsel clients on compliance with sectoral privacy laws (including FCRA, TCPA, ADA, HIPAA, FERPA) and state data security and breach laws.
  • Advise clients on data breach preparedness and incident response.
  • Educate and advise clients with regard to third-party risk management issues with vendors and business partners.
  • Counsel professional employer organizations (PEOs) and staffing companies with regard to employment issues.
  • Conduct internal investigations for clients.
  • Assist clients in drafting employment-related handbooks and policies, particularly policies relating to workplace privacy and technology.
  • Advocate for clients in litigation through written pleadings, motions, and briefs; and manage pre-litigation discovery and disclosure.
  • Draft separation, settlement, non-disclosure, post-employment restrictive covenant, and other employment and technology-related agreements.
  • Represent clients in equal employment opportunity (Title VII, ADA, ADEA, § 1981, and state-law counterparts) and wage and hour matters.
  • Examine due diligence materials for compliance with security, privacy, and employment law
  • Defend professionals in malpractice actions.

Experience gained prior to joining Stoel Rives

  • Achieved a major summary-judgment win for a client defending a massive Fair Labor Standards Act collective action.
  • Obtained complete reversal on appeal of a $5 million summary judgment against a client in an unemployment tax matter.
  • Secured dismissal of a class action wage/hour claim action against a client.
  • Obtained favorable determinations in administrative agency actions against clients.
  • Negotiated amicable resolutions of administrative agency and pre-suit proceedings with opposing parties.
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Honors

Honors & Activities

Professional Honors & Activities

  • Int’l Assoc. of Privacy Professionals:
    • Fellow of Information Privacy (FIP)
    • Certified Information Privacy Professional/United States (CIPP/US)
    • Certified Information Privacy Professional/Europe (CIPP/E)
    • Certified Information Privacy Technologist (CIPT)
  • CompTIA: Security+ (ce) Certification

(Please note that the Supreme Court of Washington does not recognize certification of specialties in the practice of law and that the certificate, award, or recognition is not a requirement to practice law in the state of Washington. Likewise, Colorado does not certify lawyers as specialists in any field.)

Civic Activities

  • Volunteer attorney, Equal Justice Wyoming, 2015-2018
  • Adjunct Professor of Law, University of Wyoming, Spring 2016
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Insights & Presentations

Insights & Presentations

  • Employers Can Prepare For New Colo. Data Privacy Law,” Law360, July 19, 2018
  • “Spying: The Ethics of Secret Recordings, Hidden Cameras, and Private Investigators,” Lawyers’ Professional Liability in Colorado: Preventing Legal Malpractice and Disciplinary Actions, 3rd ed., Colorado Bar Ass’n, 2015 (with Dan McCune and Kim Perdue)
  • “Moving Toward Law: Refocusing the Federal Courts’ Plain Error Doctrine in Criminal Cases,” 67 U. Miami L. Rev. 521, 2013
  • “The Management of Health Care Costs: Independent Medical Review After Obamacare,” 42 U. Mem. L. Rev. 255, 2012
  • “E-Discovery’s Threat to Civil Litigation: Reevaluating Rule 26 for the Digital Age,” 63 Rutgers L. Rev. 521, 2011 (with Robert Hardaway and Andrea Defield)
  • “Balancing Consumer Privacy with Behavioral Targeting,” 27 Santa Clara Computer & High Tech L.J. 3, 2011

Presentations

  • “Harassment Prevention in the #MeToo Era,” Wyoming Workforce Summit, June 20, 2018
  • “Cybersecurity Issues in the Workplace,” NAPEO, PEO Capitol Summit, May 23, 2018
  • “The Dangers of Student Data as a Commodity,” Wyoming Technology Directors Conference, April 24, 2018
  • “Top 10 Things Employers Should be Doing About Cyberscurity,” Wyoming ARMA Chapter Spring Seminar, March 13, 2018
  • “Cybersecurity for Employers,” Wyoming State Council of the Society for Human Resource Management, Sept. 14, 2017
  • “Cybersecurity for PEOs,” NAPEO, PEO Capitol Summit, Sept. 8, 2017
  • “Cybersecurity: A Practical Guide to Risk Assessment, Understanding Frameworks and Standards, and Readiness to Minimize Legal Risks of Security and Privacy Issues,” State Bar of South Dakota, June 22, 2017
  • “The Problem of Cybersecurity of Employers,” Wyoming Workforce Summit, June 21, 2017
  • “The Intersection of Standard Business Activity & Cyber Security,” Wyoming Cybersecurity Symposium, April 20, 2017



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