Ellen Berge is of counsel in the firm's Government and Regulatory Affairs Practice Group, where she focuses on transactional, regulatory, and policy matters for direct marketers, retailers, e-commerce companies, trade and professional associations, communications service providers, and other firm clients. Ms. Berge assists clients with ongoing regulatory compliance matters before the Federal Trade Commission (FTC), the Federal Communications Commission (FCC) and various other federal and state agencies and regulatory authorities. She advises clients on developments regarding the Telephone Consumer Protection Act, the FTC's Telemarketing Sales Rule, the CAN-SPAM Act, and other state and federal privacy and consumer protection laws. She also assists clients in the drafting, negotiation, and management of agreements for marketing, fulfillment, customer care, telecommunications, and information technology services and other business arrangements.
Ms. Berge has experience practicing before the Federal Trade Commission, the Federal Communications Commission, and state regulatory authorities. She is able to advise both for-profit and non-profit clients on a variety of advertising, marketing, communications, and general business issues. She holds a certificate from the Communications Law Institute at the Catholic University of America, Columbus School of Law, which provides broad support for her ability to advise clients in the direct marketing, electronic retailing, and communications industries. Prior to attending law school, Ms. Berge worked as a marketing manager for an Internet marketing association and spent two years at an interactive advertising agency as a web site producer managing web site development and online marketing projects for award-winning web sites.
Significant Matters
Ms. Berge frequently assists clients in matters related to online advertising & marketing, including the management of and participation in affiliate networks, lead generation businesses, and pay-per-click programs. She has performed a number or regulatory compliance audits for clients in the direct marketing and electronic retailing industries. She has drafted comprehensive written compliance guidelines, policies, and training materials for clients. She has trained clients on issues related to Do-Not-Call and CAN-SPAM compliance as well as general consumer protection concerns. Ms. Berge frequently assists clients in responding to civil investigative demands and other inquiries from federal and state regulators. She has participated on behalf of clients in all stages of the FTC's rulemaking process in several proceedings, including the implementation of the CAN-SPAM Act, the Telemarketing Sales Rules, and business opportunity rules. Ms. Berge has drafted and negotiated various business contracts for clients covering advertising, public relations, web site development, customer services, telecommunications, Internet access, and other business needs.
Activities
Ms. Berge devotes a significant portion of her time to pro bono matters in a variety of subject areas.
Industries
Financial Services
Consumer Financial Protection Bureau Task Force
Memberships
American Bar Association
Direct Marketing Association
Electronic Retailing Association
Federal Communications Bar Association
Promotion Marketing Association
Women's Bar Association of the District of Columbia
News
January 26, 2012, Venable Elevates Nine Attorneys to Of Counsel
September 7, 2004, New Homeland Security Deskbook by Venable Provides Businesses With Roadmap for Operating in Post-9/11 Legal and Regulatory World
August 4, 2003, Telecommunications Group Joins Venable
Publications
December 8, 2011, Advertising News & Analysis - December 8, 2011
Jeffrey D. Knowles, Roger A. Colaizzi, Gary D. Hailey, Daniel S. Silverman, Ellen Traupman Berge, Andrew E. Bigart, Mikhia E. Hawkins
Advertising Alert
October 21, 2011, Advertising News & Analysis - October 21, 2011
Jeffrey D. Knowles, Gary D. Hailey, Emilio W. Cividanes, Stuart P. Ingis, Ellen Traupman Berge
Advertising Alert
September 1, 2011, Advertising News & Analysis - September 1, 2011
Jeffrey D. Knowles, Gary D. Hailey, Ellen Traupman Berge, Mark B. Harrison, Mikhia E. Hawkins
Advertising Alert
September 2009, The Download - September 2009 - Developments in E-Commerce, Privacy, Marketing, and Information Services Law and Policy
Stuart P. Ingis, Michael A. Signorelli, Emilio W. Cividanes, Ellen Traupman Berge, Tara Sugiyama Potashnik, Julia Kernochan Tama
The Download April 21, 2009, Law Enforcement Risks for Advertisers, Affiliates & Networks; FTC Declares Identity Theft Red Flags Rule Applies to Health Care Professionals; FTC Asserts Jurisdiction to Investigate Security of Personal Health Data; Federal Stimulus Package Includes Dramatic Changes to Health Privacy and Security Law; NCTA v. FCC: The Use of Consumer Information for Marketing Purposes; Massachusetts Revises and Further Delays Implementation of New Data Security Regulations
Stuart P. Ingis, Michael A. Signorelli, Emilio W. Cividanes, Ellen Traupman Berge, Tara Sugiyama Potashnik, Julia Kernochan Tama
The Download
May 2008, FTC Issues New Regulations for CAN-SPAM Compliance: What Do the Rules Mean for Associations?
Jeffrey S. Tenenbaum, Ellen Traupman Berge
Related Topic Area(s): Electronic Communications
May 2008, New CAN-SPAM Regulations Issued by the FTC
Ellen Traupman Berge
Related Topic Area(s): Electronic Communications
September 7, 2006, Homeland Security Deskbook: Private Sector Impacts of the War Against Terrorism
David G. Dickman, Geoffrey R. Garinther, Michael A. Gollin, Frederick M. Joyce, Paul T. Kaplun, Dismas Locaria, Thomas J. Madden, Lindsay B. Meyer, Margaret N. Strand, Ellen Traupman Berge, Ashley W. Craig
May 2006, The FTC's Proposed Business Opportunity Rule
Ellen Traupman Berge
Electronic Retailer
November 2005, Frequency November 2005
Frederick M. Joyce, Ellen Traupman Berge
Frequency
July 11, 2005, Update on Fax Laws: Congress Restores the "Established Business Relationship" Exception for Commercial Faxes
Jeffrey S. Tenenbaum, Ronald M. Jacobs, Ellen Traupman Berge
Related Topic Area(s): Electronic Communications
May / June 2005, Is Your E-Mail Message "Commercial" under CAN-SPAM?
Ellen Traupman Berge
Related Topic Area(s): Electronic Communications
June 2005, The Federal Spam Law: FTC Issues Additional Guidelines and Proposes New Rules for Complying with the CAN-SPAM Act
Jeffrey S. Tenenbaum, Ellen Traupman Berge Related Topic Area(s): Electronic Communications
October 2004, FTC Regs for CAN SPAM Act
Ellen Traupman Berge
Related Topic Area(s): Electronic Communications
June 18, 2004, Frequency June 2004
Frederick M. Joyce, Ellen Traupman Berge
Frequency
February 2004, The New Federal Spam Law: What Does it Mean for Associations?
Ellen Traupman Berge
Related Topic Area(s): Electronic Communications
December 1, 2003, The CAN-SPAM Act of 2003
Ian D. Volner, Ellen Traupman Berge
November 2003, Frequency November 2003
Ian D. Volner, Frederick M. Joyce, Ellen Traupman Berge
Frequency
2001, Who Knows Where You Are? Privacy and Wireless Services
Ellen Traupman Berge
10 CommLaw Conspectus 1, 133 (2001)
Events/Speaking Engagements
Ms. Berge speaks frequently to various audiences on issues related to the CAN-SPAM Act, wireless messaging, and Do-Not-Call rules.
Past Events
May 3, 2011 - May 5, 2011, Response Expo 2011
Jeffrey D. Knowles, Ellen Traupman Berge, Roger A. Colaizzi, Gary D. Hailey, Todd A. Harrison, Claudia A. Lewis-Eng, David C. Meyer, Ari N. Rothman, Joe A. Shull, Bret P. Siciliano
February 28, 2011 - March 2, 2011, ERA's Great Ideas Summit
Jeffrey D. Knowles, Gary D. Hailey, Claudia A. Lewis-Eng, Todd A. Harrison, Roger A. Colaizzi, Ellen Traupman Berge, Mikhia E. Hawkins
December 11, 2008, Venable hosts "E-Tail Details 2.0: Online/Offline Advertising and Marketing Law"
Ellen Traupman Berge, Stuart P. Ingis
November 9, 2004, Association of Osteopathic State Executive Directors Conference
Ellen Traupman Berge