Free Speech Isn’t Free: The 1st Amendment For Commercial and Nonprofit Marketers

Eric Berman's client service primarily involves counseling, regulatory advocacy, and litigation defense in the areas of consumer protection and antitrust. He represents large companies, trade associations, tax-exempt organizations, and closely held businesses before both the consumer protection and competition bureaus of the Federal Trade Commission ("FTC"), the Department of Justice’s Antitrust Division ("DOJ"), and the state attorneys' general. 

As part of Venable’s highly regarded advertising practice, Mr. Berman advises national retailers, manufacturers, nonprofits, fundraisers, telemarketers, financial services firms, and dietary supplement sellers on how to reduce risk associated with their advertising claims, marketing practices, and business operations. His practice increasingly focuses on helping organizations navigate complex and sometimes multi-faceted law enforcement investigations by federal and state regulators. Recently, Mr. Berman was lead defense counsel to multiple parties in the first consumer protection lawsuit ever filed by the FTC, all 50 state attorneys general, and the District of Columbia.

Mr. Berman is also an experienced antitrust attorney who has represented merging parties and third parties in complex merger reviews before the FTC, DOJ, and foreign competition authorities. He has also defended market-leading firms in complex litigation brought under Section 1 of the Sherman Act. Mr. Berman maintains a broad-based counseling practice in which he advises companies and associations about the antitrust risks associated with a range of business issues, and he has experience conducting internal investigations and implementing compliance programs for antitrust-sensitive firms.