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

Super Lawyers Keith Gauer

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