Ari N. Rothman

Partner
Rothman Ari

Ari Rothman's nationwide practice focuses on all legal facets of Internet and mobile marketing, telemarketing, and payment processing. Ari represents advertisers, affiliate networks, lead generators, advertising agencies, payment processors, ISOs, and others in contract negotiations, compliance matters, federal and state government investigations before the Federal Trade Commission (FTC) and state attorneys general, and private litigation. As a result of this experience, he offers a unique perspective when counseling clients and helping them find creative solutions to complex problems.  

Ari’s practice includes: 

  • Advocating and litigating for clients in consumer class actions and individual actions brought under the federal Telephone Consumer Protection Act; the CAN-SPAM Act; state anti-spam statutes such as California Business & Professions Code 17529.5; California’s Proposition 65; and other state consumer protection laws
  • Advocating and litigating business-to-business matters involving affiliate marketing and advertiser disputes, and partnership and contract disputes for companies involved in on-line marketing
  • Representing clients in asset freeze cases brought under the Federal Trade Commission Act and Civil Asset Forfeiture Reform Act (CAFRA)
  • Representing 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
  • Defending actions involving money laundering, "structuring," and wire and mail fraud, and contributing to bankruptcy adversary proceedings

In addition, Ari: 

  • Drafts, revises, and updates marketing/advertiser agreements, advertising/affiliate network agreements, publisher agreements, and employee agreements, and represents clients in negotiations concerning those agreements
  • Provides compliance advice regarding advertisements created, published, and/or hosted by the client, and dissemination of such advertisements by email, text messaging, and other methods
  • 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 and copyright matters

Experience

Representative Matters

  • Obtained a jury defense verdict in a class action seeking an estimated $1.6 billion in damages under the Telephone Consumer Protection Act (TCPA)
  • Obtained a jury verdict 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 class actions seeking remedies under the TCPA (47 U.S.C. § 227) and consumer protection statutes litigated to completion class actions across the country for violations of the TCPA 
  • Represented merchants against ISOs and acquiring banks concerning merchant account reserves, Visa and MasterCard fines, and MATCH/Terminated Merchant File (TMF) listings
  • Represented credit card processors and ISOs in merchant and acquiring bank disputes
  • Litigated and negotiated a favorable settlement for an ad network that sued a competitor for a misappropriation of trade secrets case involving consumer data/email lists
  • Litigated and negotiated favorable settlements for advertisers and ad networks in consumer fraud actions initiated by FTC and state attorneys general, and by consumers in class actions
  • Represented advertising networks in FTC and state attorney general investigations 
  • Litigated and negotiated a favorable settlement for an advertiser accused of infringing trademarks of a competitor through labeling products placed on shelves of major nationwide retailers

Insights

Credentials
+

Education

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

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 Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Tax Court

Professional Memberships and Activities

  • Member, American Bar Association 
  • Member, California State Bar, Cyberspace Law Committee
  • Member, California State Bar, Business Law Section

Recognition
+

  • Recipient, Washington Lawyers' Committee Outstanding Achievement Award for work on an election lawsuit in Florida
  • Recipient, Anderson Publishing Company Book Award, Civil Clinic

Community
+

Pro Bono

  • Obtained 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