Eric S. Berman practices in the areas of nonprofit, consumer protection and advertising, and postal law, where he represents clients in complex regulatory proceedings and in litigation. Eric’s focus is on the intersection of marketing and nonprofit issues: he advocates for charitable organizations, professional fundraisers, telemarketers, and direct mailers before state and federal regulators and in state and federal courts in high-stakes matters.
He has strong relationships with many federal and state charity regulators, and serves as outside general counsel to the largest trade association in the U.S. serving the needs of nonprofit mailers.
Eric also has significant experience counseling national retailers, dietary supplement marketers, commercial co-venturers, and entrepreneurs on advertising and general business matters. He also represents national advertisers in reviews conducted by self-regulatory bodies.
Experience :
- Lead counsel to large, national 501(c)(3) organization in nonpublic investigation by the attorney general of the District of Columbia
- Lead defense counsel to a 501(c)(3) organization in an Article 78 proceeding filed by a former association officer in New York State Supreme Court (Onandaga County); defeated petitioner’s motions for temporary restraining order and preliminary injunction
- Represented high-profile international 501(c)(3) organization in nonpublic investigation by Michigan attorney general’s office. Attorney general closed the investigation without taking any action
- Represented a professional solicitor in a nonpublic investigation by the Ohio Attorney General’s Office. Attorney general had sought permanent fundraising ban and significant monetary penalty. Obtained unprecedented settlement with no fundraising ban
- Serving as outside general counsel to the Alliance of Nonprofit Mailers, the largest trade association representing the interest of nonprofit mailers in the U.S.
- Representing large parcel and package shippers in revenue deficiency and underpayment investigations brought by the U.S. Postal Service and the Postal Inspection Service
- Negotiating agreements on behalf of for-profit mailers with nonprofit organizations to ensure compliance with cooperative mailing rules.
Education :
- J.D. George Washington University Law School 2002
- B.S. Cornell University 1999
Bar Admissions : District of Columbia, New York
Professional Memberships :
- Member, District of Columbia Bar Association, Antitrust and Consumer Law Section
- Member, American Bar Association, Section of Antitrust Law
- Frequent speaker and writer on charity fundraising issues
Community :
- Serving pro bono as counsel to the Board of Directors of Communities in Schools of the Nation’s Capital
- Poker hobbyist, with consecutive in-the-money finishes at the World Series of Poker $10,000 Main Event Championship (2017, 2018) and top 1% finish in 2017
Cost
Rate : $$$
