Biography | Kimberly Viergever

Denver, CO

p. 303.572.5313

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Kimberly Viergever relies on her extensive background in risk management and litigation in her practice, which concentrates on personal injury, product liability and premises liability in addition to motor vehicle accidents. She also has experience in recreational law and has represented clients through pro hac vice admissions in Michigan, Texas, Illinois, and Washington, D.C. Kimberly handles matters at all stages from pre-litigation to appeals.

In 1992, Kimberly parlayed her personal background as a ski racer and competitive tennis player into a practice representing ski resorts and corporations nationwide. Additionally, she has represented white water rafting outfitters, climbing outfitters, water sports manufacturers, sports shops and other product manufacturers. Kimberly has handled personal injury, wrongful death and civil cases for national insurance brokers and carrier programs.

In 2004, on behalf of the Colorado ski industry and in conjunction with their local and national trade organizations, Kimberly assisted in drafting revisions to the Colorado Ski Safety Act. She has consulted on risk management matters including crisis management and emergency response. Kimberly taught, advised and worked with corporate risk and safety managers relative to handling claims, policies, procedures, signage, warnings and operations. She has drafted media releases and coordinated efforts for accident investigations with the United States Forest Service, the National Park Service and governmental regulatory bodies.

Education

Strum College of Law, University of Denver (J.D., 1992)
- Research and Technical Editor, Law Review
University of Utah (B.S., 1987)

Bar Admissions

Colorado
Utah

Court Admissions

U.S. Court of Appeals, Tenth Circuit
Supreme Court of Colorado
U.S. District Court, District of Colorado

Professional Affiliations

Colorado Bar Association
Utah Bar Association
DRI: The Voice of the Defense Bar
Association of Ski Defense Attorneys, Board Member, Past President
Past Member of Sports and Fitness Industry Association Legal Task Force
Bootstraps Scholarships & Loans, Board Member, Past President

Kimberly Viergever relies on her extensive background in risk management and litigation in her practice, which concentrates on personal injury, product liability and premises liability in addition to motor vehicle accidents. She also has experience in recreational law and has represented clients through pro hac vice admissions in Michigan, Texas, Illinois, and Washington, D.C. Kimberly handles matters at all stages from pre-litigation to appeals.

In 1992, Kimberly parlayed her personal background as a ski racer and competitive tennis player into a practice representing ski resorts and corporations nationwide. Additionally, she has represented white water rafting outfitters, climbing outfitters, water sports manufacturers, sports shops and other product manufacturers. Kimberly has handled personal injury, wrongful death and civil cases for national insurance brokers and carrier programs.

In 2004, on behalf of the Colorado ski industry and in conjunction with their local and national trade organizations, Kimberly assisted in drafting revisions to the Colorado Ski Safety Act. She has consulted on risk management matters including crisis management and emergency response. Kimberly taught, advised and worked with corporate risk and safety managers relative to handling claims, policies, procedures, signage, warnings and operations. She has drafted media releases and coordinated efforts for accident investigations with the United States Forest Service, the National Park Service and governmental regulatory bodies.

Yvars, Viergever & McCloskey Prevail for National Health Care Provider in Commercial Arbitration

Christopher Yvars (Partner, Denver, CO) Kimberly Viergever (Of Counsel-Denver, CO), and Michael McCloskey (Senior Counsel-San Diego, CA) secured a complete defense victory for a national health care client in a commercial arbitration where the claimant sought more than $50 million in damages. The dispute centered on long-term services and nondisclosure agreements involving an alleged proprietary software platform, which claimant developed to streamline and enhance health care outcomes management for large-scale providers. The claimant alleged breach of contract and theft of trade secrets, asserting that the firm’s client had improperly used and disclosed confidential processes, data integration methods, and reporting functionalities unique to the claimant’s product. After a multi-day evidentiary hearing featuring testimony from technical experts and company executives, as well as extensive written submissions, the AAA Arbitration, Denver, Colorado, issued a final award denying all claims and dismissing the case in its entirety.

Christopher D. Yvars, Kimberly Viergever and Michael P. McCloskey

Coffman, Das, Ross, Viergever and Williams Defeat Federal Data Breach Class Action

Daniel Coffman (Associate-Washington, DC), Anjali Das (Partner-Chicago, IL), David Ross (Partner-Washington, DC), Kim Viergever (Of Counsel-Denver, CO) and Ryan Williams (Partner-Denver, CO) obtained dismissal with prejudice of a federal data breach class action filed against a services vendor for mental health care providers in the District of Colorado. The case comprised eight consolidated class actions brought by 15 named plaintiffs that arose out of a ransomware incident that involved the personal information of almost 4.3 million individuals and included sensitive information such as health information and Social Security numbers. The court agreed that all of the named plaintiffs lack Article III standing, dissecting each of their alleged theories of harm and coming down on the side of the more reasoned courts that have found these types of theories fail to establish standing – public disclosure of private information, increased spam, diminution in value of PHI/PII, emotional distress and future harm. The court concluded that “Plaintiffs have failed to allege injuries in fact that are fairly traceable to the Defendants’ complained-of conduct,” and issued a judgment dismissing the plaintiffs’ claims with prejudice and closing the case.

Daniel R. Coffman, Anjali C. Das, David M. Ross, Kimberly Viergever and Ryan A. Williams