Ari N. Rothman

Ari Rothman's nationwide practice focuses on all legal facets of Internet and mobile marketing, telemarketing, and direct response marketing. He represents advertisers, affiliate networks, publishers, advertising agencies, aggregators, payment processors, independent sales organizations and others in contract negotiations, compliance matters, federal and state government investigations, and private litigation.

Ari has extensive experience defending class actions brought under consumer fraud statutes, the federal Telephone Consumer Protection Act, and other laws. He also represents clients in lawsuits and disputes involving the Federal Trade Commission, state anti-spam statutes such as California Business & Professions Code Section 17529.5, laws regulating unfair competition, trade secret, trademark and copyright infringement, and business disputes. He represents merchants in disputes with payment processors 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:

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.

Good to know

Areas of Practice 1) Advertising and Marketing, 2) Advertising and Marketing Litigation, 3) Class Action Defense, 4) Antitrust Class Action Defense, 5) Commercial Litigation, 6) Antitrust, 7) Antitrust Investigations and 8) Anti-Money Laundering
Law School Case Western Reserve University School of Law ( J.D., 2002)
Admitted Year 1990
Education Kenyon College (A.B., 1999)
Bar Member / Association California State Bar Association, District of Columbia Bar Association
Most recent firm Venable LLP
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