David Bertoni practices in the areas of online and multichannel marketing and business litigation, handling complex cases for companies large and small across the United States. David helps clients untangle and apply advertising, privacy, tax, consumer protection, and product safety laws; guides them through government audits and investigations; and represents them as lead counsel in trials, administrative hearings, and appeals, including in civil litigation arising out of a wide range of business dealings.
Before joining Brann & Isaacson in 1989, David worked closely with famed criminal defense attorney and presidential counsel Robert S. Bennett, representing the world’s largest defense contractors in sweeping investigations, including the FBI’s Operation Ill Wind (“one of the biggest federal white–collar crime cases ever prosecuted” which “rattled the nation’s military–industrial complex,” according to Time magazine). These cases often involved parallel criminal, civil, and administrative proceedings. He also worked on major government contract bid protests and helped write a book on the subject. This experience led to his selection by the State of Maine to advise it in connection with its successful re-procurement of its statewide 9-1-1 emergency response system, after the initial award had been overturned by a losing bidder.
With government agencies and class action lawyers growing increasingly aggressive, and laws and regulations becoming progressively more arcane, David’s rich experience in a wide variety of high-stakes investigations and litigation helps him not only to react to risks and threats, but to anticipate and protect against them. His success in defending class action cases, a peril increasingly faced by online and multichannel marketers, led to his selection by the American Bar Association as an author for its go-to treatise in the field, A Practitioner’s Guide to Class Action Litigation (2010), and by Benchmark Litigation as a class action litigation star in 2013, 2014, and 2015.
University of Rochester, NY (BA in Philosophy, cum laude with distinction, 1984); George Washington University Law School, Washington, DC (JD 1987)
District of Columbia
U.S. Supreme Court
U.S. Court of Appeals for the First, Fourth, Fifth, Ninth, and Federal Circuits
U.S. District Court, District of Maine.
Editor of the Maine Bar Journal (2008 – present)
Benchmark Litigation, Local Litigation Star – Class Actions (2014 – 2015)
National Winner, American Intellectual Property Association Moot Court Competition (1987)
In addition to representing national retailers in pending constitutional challenges to Ohio’s Commercial Activity Tax, David is litigation and trial counsel to residents of Bailey Island, Maine fighting to reestablish public access to a beach cherished by nine generations of islanders and now blocked by a new summer resident. David is advising his multichannel retail clients on a cluster of state laws barring the collection of zip codes from consumers, and also represents a major publisher in sales and use tax audits and litigation in Alabama, Georgia, Pennsylvania, and Wisconsin. David recently represented large multichannel retailers in telemarketing and sales tax collection class actions; obtained a permanent injunction in an international arbitration in New York City involving a Taiwanese military procurement; and helped a high tech company strike down a land use consent agreement involving an international construction firm over the operation of a $100 million quarry.