Ellen Berge is of counsel in the firm's Government and Regulatory Affairs Practice Group, where she focuses on transactional, regulatory, and policy matters for direct marketers, retailers, e-commerce companies, trade and professional associations, communications service providers, and other firm clients. Ms. Berge assists clients with ongoing regulatory compliance matters before the Federal Trade Commission (FTC), the Federal Communications Commission (FCC) and various other federal and state agencies and regulatory authorities. She advises clients on developments regarding the Telephone Consumer Protection Act, the FTC's Telemarketing Sales Rule, the CAN-SPAM Act, and other state and federal privacy and consumer protection laws. She also assists clients in the drafting, negotiation, and management of agreements for marketing, fulfillment, customer care, telecommunications, and information technology services and other business arrangements.

Ms. Berge has experience practicing before the Federal Trade Commission, the Federal Communications Commission, and state regulatory authorities. She is able to advise both for-profit and non-profit clients on a variety of advertising, marketing, communications, and general business issues. She holds a certificate from the Communications Law Institute at the Catholic University of America, Columbus School of Law, which provides broad support for her ability to advise clients in the direct marketing, electronic retailing, and communications industries. Prior to attending law school, Ms. Berge worked as a marketing manager for an Internet marketing association and spent two years at an interactive advertising agency as a web site producer managing web site development and online marketing projects for award-winning web sites.

Significant Matters

Ms. Berge frequently assists clients in matters related to online advertising & marketing, including the management of and participation in affiliate networks, lead generation businesses, and pay-per-click programs. She has performed a number or regulatory compliance audits for clients in the direct marketing and electronic retailing industries. She has drafted comprehensive written compliance guidelines, policies, and training materials for clients. She has trained clients on issues related to Do-Not-Call and CAN-SPAM compliance as well as general consumer protection concerns. Ms. Berge frequently assists clients in responding to civil investigative demands and other inquiries from federal and state regulators. She has participated on behalf of clients in all stages of the FTC's rulemaking process in several proceedings, including the implementation of the CAN-SPAM Act, the Telemarketing Sales Rules, and business opportunity rules. Ms. Berge has drafted and negotiated various business contracts for clients covering advertising, public relations, web site development, customer services, telecommunications, Internet access, and other business needs.

Activities

Ms. Berge devotes a significant portion of her time to pro bono matters in a variety of subject areas.