David Bertoni

“In a search for class action and mass arbitration counsel with deep e-commerce experience, we came to know B&I. We’re glad we did. We’ve found their counsel to be practical, responsive, and creative in ways we haven’t experienced working with other firms. B&I has become our first call for any mass consumer actions.” 

Contact

Email: dbertoni@brannlaw.com

Phone: 207.786.3566

Linkedin:

vCard:

Practice Areas

Education

George Washington University Law School
Washington, DC (J.D.)

University of Rochester
NY (BA in Philosophy, cum laude with distinction)

Bar Admissions
& Membership

Maine

Virginia

District of Columbia

U.S. Supreme Court

U.S. Court of Appeals for the First, Third, Fourth, Fifth, Ninth, and Federal Circuits

U.S. District Court for the District of Maine

Honors & Distinctions

Super Lawyers® in the area of Class Action

Best Lawyers in America® in the field of Tax Law

Editor, Maine Bar Journal (2008–2017)

National Winner, American Intellectual Property Association (AIPLA) Giles S. Rich Moot Court Competition

Professional Affiliations

David teaches complex litigation as an adjunct professor at the University of Maine Law School.

David writes extensively on legal matters, including The Strange Death of Stare Decisis, co-authored with George Isaacson in 2018 and was selected by the American Bar Association to contribute to its leading treatise, A Practitioner’s Guide to Class Action Litigation (2021).

Practice Areas

Privacy & Advertising Class Actions and Mass Arbitrations
David is at the forefront of defending privacy and advertising class actions and arbitrations, using innovative strategies and deep technical expertise to confront alleged violations of state and federal laws, including wiretapping and reference pricing claims.

Advertising & Marketing Compliance
David guides clients through the complex web of state and federal advertising and marketing laws, from the FTC’s 30-day rule to drip pricing and discount promotions.

Product Safety Compliance
David helps clients navigate federal and state product safety regulations, including identifying and reporting hazards to the CPSC, meeting disclosure requirements under Proposition 65, creating compliance protocols, and conducting internal investigations.

State Taxation Compliance and Litigation
David helps clients prevent and, when needed, challenge tax assessments and defend private enforcement actions, including class actions and qui tam/false claims act lawsuits 

Other Works

David is also an award-winning screenwriter and filmmaker. His latest film, a sci-fi comedy called Seven Seconds, premiered at film festivals across the United States. His current project is a science fiction legal thriller.

Recent Eyes on eCom Law Posts

  • David Bertoni Interrogates AI for Tax Notes State

    On May 12, 2025, Tax Notes State published the latest article by David W. Bertoni for the Eyes on E-commerce series, “Shock and Audit: Artificial Intelligence Meets State Taxation”. Bertoni’s piece provides a capsule history of artificial intelligence (AI) and then evaluates AI’s actual and potential use by state and local tax departments in their…

  • Former Price Promotions, Current Legal Risk

    Former price promotions, you say? Plus ça change, plus c’est la même chose. This isn’t just a quote from Jean-Baptiste Alphonse Karr or a line from Circumstances by Rush. It’s also a fitting description of the risks associated with California’s thorny and potentially unconstitutional Business & Professions Code § 17501. The combination of this statute and avaricious lawyers is…