DAVID W. BERTONI

ATTORNEY BIOGRAPHY

David W. Bertoni has been a partner of Brann & Isaacson since 1993. David's work for direct marketers focuses on regulatory compliance and litigation, with a special emphasis on state taxation, consumer product safety, federal and state e-mail and telemarketing issues, the FTC's mail order rule, Internet privacy and security law, and class action lawsuits. His work for direct marketing clients ranges from preventive audits and negotiations with state and federal agencies to arbitration, mediation, and litigation in state court, federal court, and before state agencies. David's other trial experience ranges from high profile employment related disputes -- including obtaining a jury verdict in favor of the headmaster of one of Maine's most prestigious private schools in a case involving wrongful firing -- to complex business cases arising from multi-million dollar energy projects and franchise and partnership disputes. David also works closely with the firm's governmental clients, including the cities of Lewiston and Auburn, with a particular emphasis on eminent domain and condemnation proceedings.

Prior to joining the firm, David practiced law in Washington, D.C. beginning in 1987 in the area of corporate criminal defense. For example, David was one of a team of attorneys which advised some of the world's largest military contractors in connection with 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).

David is a co-author of 'Eyes on eCom Law,' a blog that reports on legal developments of interest to direct marketers and online sellers. He was selected by the American Bar Association to contribute a chapter for its treatise entitled A Practitioner's Guide to Class Actions, which is scheduled to be published in the late summer of 2010. On July 8, 2010, David successfully obtained the entry of summary judgment in favor of The Talbots, Inc. in a class action lawsuit relating to claims arising under the federal Telephone Consumer Protection Act and Washington's state law regulating certain automated telephone calls. Cubbage v. The Talbots, Inc., ___ F.Supp.3d ___ (W.D. Wa. 2010).

EDUCATION

University of Rochester (B.A., Philosophy, cum laude with distinction, 1984); George Washington University Law School (J.D., 1987); AIPLA's Giles Sutherland Rich Intellectual Property Moot Court Competition, National Winner (1987); Research Assistant, Government Contracts Program, George Washington University Law School (1985 - 1986); Contributor, Nash & Cibinic, Formation of Government Contracts.

BAR ADMISSIONS & MEMBERSHIPS

Virginia (1987); District of Columbia (1988); Maine (1990); U.S. Court of Appeals for the First, Fourth, Fifth, and Federal Circuits; U.S. District Court, District of Maine.