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 (2017), 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 – 2017)
Benchmark Litigation, Local Litigation Star – Class Actions (2014 – 2015)
National Winner, American Intellectual Property Association Moot Court Competition (1987) 

In July of 2018, David prevailed in obtaining the dismissal of three class action lawsuits in the Southern District of New York against an online marketing firm, each of which asserted claims under the federal wiretapping and stored communications laws, as well as under New York’s consumer protection statutes.  In September of 2018, he successfully obtained a decision from the Alabama Court of Appeals striking down a use tax assessment against a major publishing company.  David continues to advise multichannel retailers and wholesalers on a variety of advertising and consumer protection laws, including Proposition 65, the Federal Trade Commission Act, and state laws barring the collection of zip codes and other transactional information.  He 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. 

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