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Dustin Berger

Of Counsel

2515 Warren Avenue, Suite 450, Cheyenne, WY 82001

Dustin Berger is an employment attorney who focuses on workplace technology, high-tech workforces, and information security.

He counsels employers on best practices to safely use technology in the workplace, how to protect their intangible assets, and how to comply with the laws applicable to technology-enabled workforces. When necessary, he also represents clients in litigation.

As a former Chief Technology Officer, Dustin keenly appreciates the challenges employers face to balance operational goals with the attendant risks and the realities of financial constraints when technology is involved. He draws on significant experience managing people and technology to help his clients advance their strategic goals while managing their legal risks.

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Experience

  • HR counseling, compliance, and risk management
  • Employment litigation and class actions
  • Discrimination, harassment, retaliation
  • Professional employer organizations

Client Results

  • Obtained a summary judgment for a professional employer organization prior to class certification in a Fair Labor Standards Act collective action.

  • Obtained summary judgment for a client facing a lawsuit for allegedly violating the confidentiality requirements of the Americans with Disability Act.

  • Successfully defended a judgment on appeal in favor of a hospital client alleged to have discriminated against a female employee.

  • Conducted a rigorous review of a client’s contractors to ensure proper classification as independent contractors.

  • Advised a client on contracting to obtain a Human Resources Information System.

  • Assisted an aviation client with recovering advances provided for training.

  • Successfully defended many clients charged with discrimination or retaliation at the U.S. Equal Employment Opportunity Commission or a state fair employment agency.

News

Publications

Speaking Engagements

Education

Bar Admissions

Recognition

  • CompTIA Security+ Certification
  • International Association of Privacy Professionals, Certified Information Privacy Professional (CIPP/US)
  • International Association of Privacy Professionals, Certified Information Privacy Technologist (CIPT)
  • International Association of Privacy Professionals, Fellow of Information Privacy (FIP)

Professional and Civic Affiliations

  • Colorado Bar Association, Member
  • Society for Human Resources Management, Member
  • University of Wyoming College of Law, Adjunct Professor, 2016
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