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

  • (ISC)2
    • Certified Information Systems Security Professional (CISSP)
  • Int’l Assoc. of Privacy Professionals:
    • Fellow of Information Privacy (FIP)
    • Certified Information Privacy Manager (CIPM)
    • 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

  • “Data Wars: How and Why Employers are Becoming More Responsible for Privacy,” Stoel Rives LLP, May 16, 2019
  • “Privacy & Security: Back to Basics,” Stoel Rives LLP, April 2, 2019
  • “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



Related News & Publications


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