Ari N. Rothman’s nationwide practice focuses on all legal facets of Internet and mobile marketing, telemarketing, and payment processing. Ari represents advertisers, affiliate networks, lead generators, advertising agencies, payment processors, ISOs, and others in contract negotiations, compliance matters, federal and state government investigations before the Federal Trade Commission (FTC) and state attorneys general, and private litigation.
As a result of this experience, he offers a unique perspective when counseling clients and helping them find creative solutions to complex problems.
Ari’s practice includes :
- Advocating and litigating for clients in consumer class actions and individual actions brought under the federal Telephone Consumer Protection Act; the CAN-SPAM Act; state anti-spam statutes such as California Business & Professions Code 17529.5; California’s Proposition 65; and other state consumer protection laws
- Advocating and litigating business-to-business matters involving affiliate marketing and advertiser disputes, and partnership and contract disputes for companies involved in on-line marketing
- Representing clients in asset freeze cases brought under the Federal Trade Commission Act and Civil Asset Forfeiture Reform Act (CAFRA)
- Representing merchants in disputes with payment processors, ISOs, and acquiring banks concerning withheld reserves, fines imposed by credit card associations, MATCH and Terminated Merchant File listings, and payment processing agreements
- Drafts, revises, and updates marketing/advertiser agreements, advertising/affiliate network agreements, publisher agreements, and employee agreements, and represents clients in negotiations concerning those agreements
- Advises advertising networks, advertisers, and publishers concerning asset and technology protection, privacy issues, protection of client and pricing information, and other compliance and best practices matters.
- Obtained a jury defense verdict in a class action seeking an estimated $1.6 billion in damages under the Telephone Consumer Protection Act (TCPA)
- Defeated certification in class actions seeking remedies under the TCPA (47 U.S.C. § 227) and consumer protection statutes litigated to completion class actions across the country for violations of the TCPA
- Represented merchants against ISOs and acquiring banks concerning merchant account reserves, Visa and MasterCard fines, and MATCH/Terminated Merchant File (TMF) listings
- Litigated and negotiated a favorable settlement for an ad network that sued a competitor for a misappropriation of trade secrets case involving consumer data/email lists
- Litigated and negotiated a favorable settlement for an advertiser accused of infringing trademarks of a competitor through labeling products placed on shelves of major nationwide retailers.
- J.D. cum laude Case Western Reserve University School of Law 2002
- A.B. Kenyon College 1999
Bar Admissions : California, District of Columbia.
Court Admissions :
- U.S. Supreme Court
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Southern District of California
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Maryland
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Tax Court
Professional Memberships :
- Member, American Bar Association
- Member, California State Bar, Cyberspace Law Committee
- Member, California State Bar, Business Law Section
Community : Obtained judgment after trial against Duval County, Florida for violations of the Americans with Disabilities Act, where Duval County purchased voting equipment that was inaccessible to voters with manual impairments and voters with visual impairments.
Rate : $$$$