Bar Admissions

  • California
  • District of Columbia
  • Ohio (inactive)

Court Admissions

  • U.S. Supreme Court
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern 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 Northern District of Illinois
  • U.S. District Court for the Southern District of Illinois
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the Eastern District of Missouri
  • U.S. District Court for the District of Nebraska
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Tax Court

Education

  • J.D., cum laude, Case Western Reserve University School of Law, 2002
  • A.B., Kenyon College, 1999

Memberships

  • American Bar Association
    California State Bar Cyberspace Law Committee
    California State Bar Business Law Section
T +1 310.229.9909
F +1 310.229.9901
T +1 202.344.4220
F +1 202.344.8300

Ari N. Rothman

Partner

Ari Rothman's nationwide practice focuses on all legal facets of Internet and mobile marketing, telemarketing, and payment processing. He represents advertisers, affiliate networks, publishers, advertising agencies, payment processors, ISOs and others in contract negotiations, compliance matters, federal and state government investigations including before the Federal Trade Commission and state attorney generals, and other private litigation. He also represents clients in competitor actions, contract disputes, and consumer class actions brought under state mini-FTC acts, the federal Telephone Consumer Protection Act, the CAN-SPAM Act, state anti-spam statutes such as California Business & Professions Code 17529.5, laws regulating unfair competition, trade secret, trademark and copyright infringement, and business disputes. As a result of this experience, he brings unique experience and perspective when counseling clients and helping them find creative solutions to complex problems. In addition, he represents 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.

Significant matters include:

  • Obtained jury defense verdict in class action seeking an estimated $1.6 billion in damages under the Telephone Consumer Protection Act (TCPA)
  • Obtaining jury verdict, summary judgment and dismissals with prejudice in favor of affiliate networks and affiliates/publishers in actions brought under state email spam and consumer protection statutes, including California Business and Professions Code § 17529.5
  • Defeated certification in nationwide class action seeking remedies under the Telephone Consumer Protection Act (47 U.S.C. § 227) and consumer protection statutes
  • Litigating class actions across the country for violations of the Telephone Consumer Protection Act
  • Representing merchants against ISOs and acquiring banks concerning merchant account reserves, Visa and MasterCard fines, and MATCH/TMF listings
  • Representing credit card processors and ISOs in connection with merchant and acquiring bank disputes
  • Litigating and negotiating favorable settlement for ad network that sued a competitor for misappropriation of trade secrets case involving consumer data/email lists
  • Litigating and negotiating favorable settlements for advertisers and ad networks in consumer fraud actions initiated by Federal Trade Commission and state attorneys general, and by consumers in class actions
  • Representing advertising networks in investigations initiated by the Federal Trade Commission and state attorneys general
  • Litigating and negotiating favorable settlement for advertiser accused of infringing trademarks of a competitor through labeling products placed on shelves of major nationwide retailers
  • Representing debt counseling centers in actions challenging 26 U.S.C. § 501(c)(3) status and handling of consumer credit counseling procedures
  • Litigating on behalf of District of Columbia in eminent domain action to acquire and pay for properties needed for the current Washington Nationals baseball stadium
  • Representing and obtaining favorable settlement for a client that sued its competitor for antitrust violations
  • Obtaining 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

Ari has experience defending criminal actions including money laundering, "structuring," and wire and mail fraud, and has been involved in bankruptcy adversary proceedings. Ari also has experience representing clients in asset freeze cases brought under CAFRA (Civil Asset Forfeiture Reform Act).

In addition, Ari:
  • Drafts, revises and updates marketing/advertiser agreements, ad network agreements, publisher agreements, and employee agreements, and represents clients in negotiations concerning those agreements
  • Provides compliance advice as to advertisements created, published, and/or hosted by the client, and dissemination of such advertisements
  • 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
  • Consults with clients concerning trademark, patent, and copyright matters


Ari regularly attends conferences and speeches in the on-line marketing industry, and keeps informed of all developments affecting his clients nationwide.