Bar Admissions

  • District of Columbia
  • New York

Education

  • J.D., George Washington University Law School, 2002
  • B.S., Cornell University, 1999

Memberships

  • ABA, Section of Antitrust Law

    DC Bar Association, Antitrust and Consumer Law Section

    DRI, Program Chair, Antitrust & Consumer Protection Group
T +1 202.344.4661
F +1 202.344.8300
 

Eric S. Berman

Partner

Eric Berman practices in the areas of nonprofit, consumer protection and advertising, postal, and antitrust law, with a focus on the intersection of marketing and nonprofit issues. He represents charitable organizations, professional fundraisers, telemarketers, and direct mailers before state and federal regulators and in state and federal court in high-stakes matters.

Significant Matters

Nonprofit Organizations and Charitable Fundraisers

Eric represents tax-exempt charities and professional fundraisers in law enforcement actions brought by federal and state regulators and in civil litigation brought by private plaintiffs. Eric is a frequent speaker and writer on charity fundraising issues: in recent years, he has been published in The Nonprofit Times, spoken to charity regulators at the 2017 Annual Meeting of the National Association of State Charity Officials (NASCO) and the National Association of Attorneys General (NAAG), and discussed nonprofit liability issues at the PLUS Management Liability Symposium. He has strong relationships with many federal and state charity regulators. Recent cases include:
  • Lead defense counsel to 501(c)(3) organization in Article 78 proceeding filed by former association officer in New York State Supreme Court (Onandaga County); defeated petitioner's motions for temporary restraining order and preliminary injunction.
  • Lead counsel for defendant professional charity fundraiser in Telephone Consumer Protection Act (TCPA) suit. Obtained grant of summary judgment for client and dismissal of plaintiff's complaint. Spiegel v. Reynolds et al., No. 1:15-cv-8504, 2017 WL 4535951 (N.D. Ill. Oct. 11, 2017).
  • 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.
  • Secured dismissal with prejudice of cross-claim filed against 501(c)(3) nonprofit organization. U.S. v. Tarpey et al., No. CV 15-72-BU-SEH (D. Mont. Sept. 29, 2016).
  • Lead counsel for defendant professional charity fundraiser in lawsuit filed by the Minnesota Attorney General. Settled on favorable terms after court-ordered mediation, withdrawal of a key witness' testimony by the Attorney General, and removal of a named defendant from the lawsuit.
  • Represented professional solicitor in 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.
  • Lead counsel to two charities and three charity executives in first joint law enforcement action ever brought against the charity sector by the Federal Trade Commission, 50 state attorneys general, and the Attorney General for the District of Columbia. Obtained removal of individual defendant from FTC/Multi-state complaint, and negotiated the preservation of organization’s flagship charitable program.

Postal Law/Direct Mail
  • Represents national coalition of business and nonprofit mailers in proceedings before the Postal Regulatory Commission.
  • Represents mailers in revenue deficiency and underpayment investigations brought by the U.S. Postal Service and the Postal Inspection Service.
  • Advises nonprofit mailers on USPS nonprofit postal rate eligibility rules.
  • Negotiates agreements on behalf of for-profit mailers with nonprofit organizations in order to ensure compliance with cooperative mailing rules.

Eric also has significant experience counseling national retailers, dietary supplement marketers, commercial co-venturers, and entrepreneurs on advertising and general business matters. He also possesses extensive experience in antitrust law, and counsels large companies and trade associations on competition issues.