David W. Bertoni

PARTNER

David Bertoni represents internet retailers and online service providers in complex, high risk litigation and regulatory matters ranging from privacy to product safety.  David has helped his clients obtain remarkable results through his advocacy and strategic counsel, and they trust him as a highly creative yet pragmatic advisor in class action lawsuits, mass arbitrations, and federal and state audits and investigations.  David also helps his clients anticipate and thwart risks through company policies and protocols, website design, and the implementation of novel online terms that tip the playing field away from bounty hunting plaintiffs’ lawyers.

Before joining Brann & Isaacson, David worked closely with 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).

Privacy.  David battles at the forefront of class actions and mass arbitration threats across the country asserting that ordinary website communications violate federal and state privacy laws, including federal and state anti-wiretapping statutes and the Video Privacy Protection Act.  He also represents his clients in parallel and independent government investigations.

Advertising.  David helps his clients navigate the complicated web of state and federal advertising laws, fighting for them in federal and state investigations, class action litigation, and mass arbitrations.  His work ranges from compliance with the FTC’s 30-day rule to claims of unlawful discount pricing to disputes over subscription sales and promotions.

Product Safety.  David deftly guides clients through the maze of federal and state regulatory requirements related to product safety, including reporting product hazards to the CPSC, labeling and disclosure requirements, setting up internal protocols and procedures as a bulwark against penalties and enforcement actions, and conducting internal investigations.

State Taxation.   David assists clients prevent, and where necessary, combat private enforcement efforts arising out of allegations of over-collection or under-collection of transactional taxes.  David’s decades of experience successfully challenging state tax assessments and overreaching state tax laws uniquely equips him to forge winning procedural and substantive strategies, including partnering with state tax agencies and building strong relationships with regulators.

David writes widely on the law, including reflections on his U.S. Supreme Court experiences in “The Strange Death of Stare Decisis,” which he wrote with his mentor, George Isaacson, in 2018.  He was also selected by the American Bar Association as a contributor to its go-to treatise, A Practitioner’s Guide to Class Action Litigation (2021).  He is an adjunct professor at the University of Maine Law School, teaching courses on complex litigation and legal issues facing online sellers and service providers.

David is also an award-winning screenwriter and filmmaker.  His latest film, a sci-fi comedy called Seven Seconds, premiered at film festivals across the United States.  His current project is a science fiction legal thriller.