Overview
Eric Berman represents businesses, tax-exempt organizations, and executives in high-stakes government investigations, commercial litigation, and regulatory proceedings involving the Federal Trade Commission (FTC), state attorneys general, Department of Justice (DOJ), US Postal Service, and Postal Regulatory Commission. The 2023 edition of Legal500 recognized Eric for his FTC investigations expertise, with clients commending him as "a rock" who "stands out due to his extensive knowledge and market leading insights," describing him as someone who is "clearly experienced and knowledgeable, and can be relied on in a difficult and challenging case," noting his "extensive FTC experience and detailed knowledge," and remarking that he "can advise clients with authority and a detailed understanding that gives confidence that [he] will facilitate the best-case outcome that is available."
Eric is a seasoned advocate before state and federal government regulators, and a litigator with experience in state trial courts, federal district courts, and the US Court of Appeals. His practice focuses on consumer protection/advertising, nonprofit, postal, and antitrust issues. Much of his state attorneys general practice involves representing charities and professional fundraisers, who benefit from his strong relationships with federal and state charity regulators.
Eric also maintains a vibrant counseling practice. He is the outside general counsel to The Common Application, the leading organization dedicated to increasing access to and equity in higher education. He also serves as outside general counsel to the Alliance of Nonprofit Mailers, the largest trade association in the United States serving the needs of nonprofit mailers. Eric has significant experience counseling national retailers, e-commerce platforms, dietary supplement marketers, commercial co-venturers, and entrepreneurs on advertising and general business matters.
Eric also serves pro bono as counsel to the Board of Directors of Communities in Schools of the Nation's Capital, and represents a Guatemalan immigrant for whom he has obtained employment authorization and secured the dismissal of removal proceedings in court.
- New York
- District of Columbia
- Supreme Court of the United States
- US Court of Appeals, District of Columbia
- US District Court, District of Columbia
- J.D., The George Washington University Law School, 2002
- B.S., Cornell University, 1999
Representative Matters
- Serving as lead counsel to a consumer products company in an FTC ROSCA investigation.
- Defended global consumer brand in American Arbitration Association (AAA) proceedings against claims brought under the California Invasion of Privacy Act (CIPA).
- Lead investigations counsel to a large, national nonprofit health system in a DC attorney general investigation.
- Represented charitable organization in an FTC investigation of organization's marketing practices.
- Represented DC-based nonprofit organization in a DC attorney general investigation that resulted in the full closure of the investigation without AG action.
- Served as lead counsel to a senior executive in an FTC investigation resulting in a no-money settlement.
- Served as appellate counsel to multiple trade associations in an appeal of postal rate regulations before the US Court of Appeals for the DC Circuit (NPPC et al. v. PRC).
- Defended a technology platform in the apparel industry in a long-running investigation brought by the US Attorney's Office (EDNY), resulting in the government dropping civil False Claims Act allegations and agreeing to waive prejudgment interest and lessened monetary relief.
- Represented a financial education company in an FTC marketing practices investigation.
- Served as lead counsel to a large, national 501(c)(3) organization in a nonpublic investigation by the attorney general of the District of Columbia, resulting in full closure of the investigation.
- Served as lead defense counsel to a 501(c)(3) organization in an Article 78 proceeding filed by a former association officer in New York State Supreme Court (Onondaga County); won summary judgment and defeated petitioner's motions for a temporary restraining order and a preliminary injunction.
- Served as lead counsel for defendant professional charity fundraiser in a Telephone Consumer Protection Act (TCPA) lawsuit. Obtained grant of summary judgment for the client and dismissal of plaintiff's complaint. Spiegel v. Reynolds, et al., No. 1:15-cv-8504, 2017 WL 4535951 (N.D. Ill. Oct. 11, 2017).
- Represented a high-profile international 501(c)(3) organization in a nonpublic investigation by the Michigan attorney general's office. The attorney general closed the investigation without taking any action.
- Secured dismissal with prejudice of a cross-claim filed against a 501(c)(3) nonprofit organization. US v. Tarpey et al., No. CV 15-72-BU-SEH (D. Mont. Sept. 29, 2016).
- Served as lead counsel for defendant professional charity fundraiser in lawsuit filed by the Minnesota attorney general. Settled on favorable terms after court-ordered mediation, withdrawal of key witness testimony by the attorney general, and removal of a named defendant from the lawsuit.
- Represented a professional solicitor in a nonpublic investigation by the Ohio Attorney General's Office. The attorney general had sought a permanent fundraising ban and a significant monetary penalty. Obtained an unprecedented settlement with no fundraising ban.
- Served as lead counsel to two charities and three charity executives in the first joint law enforcement action ever brought against the charity sector by the Federal Trade Commission, 50 state attorneys general, and the attorney general for the District of Columbia. Obtained removal of individual defendant from FTC/multi-state complaint and negotiated the preservation of the organization's flagship charitable program.
- Serving as outside general counsel to the Alliance of Nonprofit Mailers, the largest trade association representing the interest of nonprofit mailers in the United States.
- Serving as outside general counsel to The Common Application (CommonApp).
- Advising global petcare company on advertising & marketing, insurance, privacy, and contract matters.
- Represented the News/Media Alliance and its predecessor organization (MPA – The Association of Magazine Media) in proceedings before the Postal Regulatory Commission (PRC).
- Representing large parcel and package shippers in revenue deficiency and underpayment investigations brought by the US Postal Service and the Postal Inspection Service.
- Marketing and regulatory counsel to a national thrift store retailer.
Speaking Engagements
- "Understanding the Intersection of Consumer Protection and Artificial Intelligence," Mondaq Webinar, September 6, 2023
News & Publications
StepTechToe
April 5, 2024
Client Alerts
March 29, 2024
StepTechToe
January 18, 2024
Client Alerts
Public Comments Now Open: FTC’s Proposed Rule on the Use of Consumer Reviews and Testimonials
July 31, 2023
Client Alerts
July 11, 2023
Client Alerts
US Supreme Court Holds Race-Based University Admissions Programs Unconstitutional
June 30, 2023
By: Ryan P. Poscablo, Brigida Benitez, Eric Berman, Dwight J. Draughon, Jr., Patrick F. Linehan, Shannon Reid, Brittney Denley
Client Alerts
June 2, 2023
Client Alerts
May 25, 2023
Client Alerts
April 25, 2023
Events
Seminars & Events
Advertising and Consumer Protection Legal Forum
May 9, 2024
Speakers: Joan Baughan, Eric Berman, Daniel Blynn, Ruxandra Cana, Tod Cohen, Christopher R. Fredrich, Surya Kundu, Joseph McClure, Stephen J. Newman, Jeff Potts, Jennifer Quinn-Barabanov, Daniel C. Rubenstein, Julia B. Strickland, Emily Tifft
Webinars
How to Tell Your Sustainability Story Without Greenwashing—or Greenhushing All Together
October 25, 2023
Speaker: Eric Berman
Noteworthy
- Super Lawyers, Washington, DC, Consumer Law (2019-2024)
- Super Lawyers, Washington, DC, "Rising Star" (2017)
- Legal 500 US, Tax – Not-for-Profit (2019-2022)
- Legal 500, Advertising and Marketing (2017, 2023)
Professional Affiliations
- Member, Antitrust and Consumer Law Section, District of Columbia Bar Association
- Member, Section of Antitrust Law, American Bar Association