Eric Berman

Partner

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Areas of Work

Advertising, Marketing & Consumer Protection, Consumer Law and Litigation, Government & Regulatory Litigation

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.

Eric also maintains a vibrant counseling practice. He is the outside general counsel to The Common Application, a nonprofit membership organization representing the interests of more than 1,100 institutions of higher education. He is also the 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 global and national retailers, e-commerce platforms, consumer products companies, wellness marketers, commercial co-venturers, and entrepreneurs on advertising and general business matters.

Eric also serves pro bono as counsel to Communities in Schools of the Nation's Capital, a 501(c)(3) charity that helps DC public school students stay in school and achieve in life, and he obtained employment authorization and secured the dismissal of removal proceedings in court for a Guatemalan youth.

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

Successfully represented eCommerce company Grove Collaborative in FTC investigation of the company's autorenewal and email marketing practices under the Restore Online Shoppers' Confidence Act (ROSCA) and CAN-SPAM Act, resulting in full closure of the investigation.
Representing Breakthrough T1D (formerly JDRF), a 501(c)(3) advocate for type 1 diabetes patients, as a third party in FTC litigation against pharmacy benefit managers.
Numerous ongoing non-public FTC investigations on behalf of organizational and individual clients.
Lead investigations counsel to a large, national nonprofit health system in a DC attorney general investigation, having recently received OAG approval of the sale of nonprofit assets.
Defending in California federal court a company and its owner that provides "back-end" fulfillment services to businesses in the debt industry in a first-of-its-kind case brought by the DOJ on behalf of the FTC, alleging novel violations of the Telemarketing Sales Rule (TSR) and Section 5 of the FTC Act.
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 the former CEO of a large heath care company in an FTC investigation alleging violations of the FTC Act, ROSCA, and the TSR, resulting in a no-money settlement for our client.
Representing the Alliance of Nonprofit Mailers in major Postal Regulatory Commission rulemaking involving the US Postal Service's pricing power over market-dominant mailers.
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 for-profit financial education company in an FTC marketing practices investigation.
Represented numerous charities and professional fundraisers in multiple law enforcement investigations brought by the FTC and state attorneys general (in some cases, resulting in full closure of the investigation), including 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.
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).
Serving as outside general counsel to The Common Application (CommonApp).
Counseling global and national companies in the petcare, beverage, publishing, eCommerce, and retail store industries on marketing, regulatory, litigation, and commercial matters.

Speaking Engagements

Steptoe LLP, Advertising and Consumer Protection Legal Forum (Second Annual) (forthcoming), May 1, 2025.
"Post-election regulatory forecast and updates," Steptoe LLP, Consumer Protection Webinar, December 11, 2024
"Are You Collecting Biometric Data? An update on state laws, litigation, and FTC enforcement," myLawCLE Webinar, June 18, 2024
"Fireside Chat with Consumer Protection Regulators," Steptoe LLP, Advertising and Consumer Protection Legal Forum, May 9, 2024
"Understanding the Intersection of Consumer Protection and Artificial Intelligence," Mondaq Webinar, September 6, 2023