Keith A. Gauer

Keith A. Gauer

South Dakota Financial Services Lawyer

My Story

Keith is a member of the Banking and Financial Services Practice Group at Davenport Evans and focuses his practice on the representation of banks and companies involved in the development, marketing, and distribution of financial services. He regularly counsels banks with respect to the structure, negotiation, and drafting of agreements related to national financial products, including contracts relating to credit cards, prepaid cards, installment loans, remote deposit capture/centralized check clearing, and other national products.

Keith frequently assists banks and financial services companies in evaluating new and innovative models for the delivery of financial services, including issues raised by federal and state laws.  Many of the programs involve fintech entities interested in partnering with a bank in order to offer financial services in new and innovative ways.  Keith also represents clients in connection with regulatory examinations and investigations, including the representation of banks in regulatory enforcement actions commenced by federal and bank regulators and state attorneys general. He regularly guides clients on issues arising with payment systems and general commercial law matters, including ACH, traditional and electronic check clearing, remote deposit capture, wire transfer, and other electronic commerce related matters. In addition, Keith has an established creditor’s rights practice where he represents local and national lenders with initial loan documentation matters, foreclosures, loan workouts, and bankruptcy cases.

In addition to traditional commercial law matters, Keith has also developed expertise in matters involving digital assets, including the representation of trust companies and banks providing custodial services involving cryptocurrencies.  He is actively tracking the expansion of the law in areas relating to the regulation of participants in the digital asset marketplace, including new statutes and caselaw incorporating digital assets into both existing and new legal structures.  He has further provided guidance and legal opinions to clients evaluating cryptocurrency custody models under both state insolvency and federal bankruptcy law. 

Keith has received an AV Preeminent® Peer Review Rating by Martindale-Hubbell®, for the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. Keith has also been recognized by Best Lawyers® in the areas of Corporate Law and Litigation – Banking and Finance, and has been ranked by Chambers and Partners in the areas of Corporate/Commercial and Corporate/Commercial: Bankruptcy/Restructuring Law, and ranked in the top 5% of practicing attorneys in South Dakota by Great Plains Super Lawyers in the areas of Banking, Bankruptcy & Creditor/Debtor Rights Law.

Position: Partner
Direct: (605) 357-1256
Email: [email protected]

Super Lawyers Keith Gauer



The recent bankruptcy filing of Synapse Financial Technologies highlights the risks to banks of establishing “for the benefit of” or “FBO” accounts. Synapse operated a fintech platform used by over 100 different fintech partners. Using Synapse’s platform, the fintech...

Avoiding Lending Limit Violations in Loan Purchase Programs

Many South Dakota banks seek to diversify their loan portfolios to include commercial or real estate loans originated in other markets. Because South Dakota banks may lack the ability to originate loans themselves in areas outside of their normal geographic market,...

Best Lawyers® 2024 Recognizes 18 Davenport Evans Lawyers

Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, SD is pleased to announce that 18 Davenport Evans lawyers were listed in Best Lawyers® 2024 for South Dakota, in 22 different practice areas. In addition, one Davenport Evans lawyer was named 2024 Best...

Davenport Evans Lawyers Ranked Tier One by Chambers 2023

Lawyers from Davenport, Evans, Hurwitz & Smith LLP in Sioux Falls, SD have again been ranked Tier One by Chambers USA. In South Dakota, rankings are given in five categories: Corporate/Commercial Law, Corporate/Commercial: Bankruptcy/Restructuring, Labor &...

Uniform Commercial Code Amendments: Correcting Misconceptions

What is the UCC? The Uniform Commercial Code (UCC) is a comprehensive set of laws governing all commercial transactions in the United States. It is not a matter of federal law, but rather a set of universally adopted state statutes. The uniformity of state adoption of...

Best Lawyers® 2023 Recognizes 17 Davenport Evans Lawyers

Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, SD is pleased to announce that 17 Davenport Evans lawyers were listed in Best Lawyers® 2023 for South Dakota, in 22 different practice areas. In addition, two Davenport Evans lawyers were named 2023 Best...

About Cryptocurrency… It’s Not Going Away.

Fans of the Harry Potter books will recall the first book when young Harry was living with his muggle (non-wizard) family and he started receiving letters from Hogwarts, the wizard school, inviting him to attend during the next school session. At first his muggle...

Regulatory Interest in the Buy Now Pay Later Industry

If you have made a large (or perhaps even not so large) purchase from an online retailer in the past couple of years, you probably noticed the multiple payment options available to online purchasers. After you select your item, put it in your cart, and select or...

Professional Experience

Davenport, Evans, Hurwitz & Smith, LLP 
Partner: 2000 – present
Associate: 1995 – 1999


Augustana University 
(B.A., summa cum laude, 1992) 

Creighton University School of Law
(J.D., magna cum laude, 1995)

Professional Memberships

State Bar of South Dakota
American Bar Association
Minnehaha County Bar Association
American Bankruptcy Institute


Admitted to Practice (State): 
South Dakota, 1995 

Admitted to Practice (Federal): 
United States District Court, District of South Dakota, 1995
United States Court of Appeals, Eighth Circuit, 1995


Protecting what you’ve built.

Phone Numbers

Driving Directions

Davenport Evans, Hurwitz & Smith, LLP

206 West 14th Street
P.O. Box 1030
Sioux Falls, SD 57101-1030