Joshua M. Bercu

Partner
Office Washington DC
Contact
VCARD

Josh Bercu plays a leading role in the firm’s growing Privacy and Security practice. Josh works with established telecommunications companies, innovative startups, and others on a variety of privacy, marketing, and brand development and growth issues.  He has provided practical advice on the design and implementation of new products, services, and features; regularly drafts privacy policies and terms of service; and has assisted in helping companies come into compliance with the California Consumer Privacy Act, the General Data Protection Regulation, and other privacy laws.

In addition to his compliance and counseling work, Josh works on policy matters where new technologies and services meet old rules, laws, and frameworks. He has helped clients engage the FTC, FCC, NTIA, NIST, and other government agencies on emerging issues like the Internet of Things as well as enduring ones like the Telephone Consumer Protection Act.

Josh is a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

Representative Engagements
  • Advises established telecommunications company on coming into compliance with the California Consumer Privacy Act
  • Advises rapidly growing startup on compliance with the General Data Protection Regulation
  • Advises numerous innovative startups on their practices collecting, using, and disclosing data
  • Counsel to major trade association on all aspects of privacy and cybersecurity policy strategy
  • Successful advocacy at the FCC regarding interpreting the TCPA to exclude federal government entities
  • Represents major media company before the FCC on TCPA and robocall issues
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Honors and Leadership Positions
  • Member, Federal Communications Bar Association
  • Member, Federal Communications Bar Association Ad Hoc Social Media Committee, 2012-2013
  • Co-Chair, Federal Communications Bar Association Social Media/Membership and Marketing Committee, 2013-2014
  • Co-chair, Federal Communications Bar Association CLE Committee, 2017-2019
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Publications
  • Co-Author, Stress Testing the US Privacy Framework, InterMEDIA, Vol 44, Issue 4 (January 2017)
  • Co-Author, Why the FTC Says Startups Must Care About Cyber, 1776 Blog (October 2015).
  • Co-Author, 21st Century Privacy Fix, InterMEDIA, Vol 43, Issue 2 (June 2015).
  • Co-Author, Chapter 4: Consumer Privacy in a Data-Driven Era, 32nd Annual Telecommunications Policy & Regulation Institute Handbook (December 2014).
  • Co-Author, “6 Ways Startups Can Learn from Snapchat’s FTC Privacy Settlement,” 1776 (June 30, 2014).
  • Co-Author, Chapter 4: Consumer Privacy in a Data-Driven Era, 31st Annual Telecommunications Policy & Regulation Institute Handbook (December 2013).
  • Co-Author of and Mentor for Case Study Exercise, Department of Commerce, Commercial Law Development Program, Best Practices Licensing and Regulation Program for the Iraq Communications and Media Commission on September 10-11, 2013.
  • Co-Author, Chapter 4: Privacy 360º- Continuing Obligations and Emerging Frameworks on All Fronts, 30th Annual Telecommunications Policy & Regulation Institute Handbook (December 2012)
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Speeches and Presentations
  • Panelist, New Rules for Your Data: Changes in Consumer Privacy Regulation, at Catholic University (October 2018).
  • Speaker, Privacy and Security Quarterly Privacy Update, for American Bar Association, Section of Antitrust Law, Privacy and Information Security Committee on May 3, 2018.
  • Panelist, Ignite Talks Presentation on Privacy, at FCBA (October 2015).
  • Panelist, Deterring Cyber-Threats: Lessons Learned from the Sony, Target, and other Mega Breach Incidents, at Florida Privacy and Cybersecurity Symposium on May 14, 2015.
  • Co-Presenter, “Startup Screwups: Privacy and Data Security Pitfalls for Emerging Companies,” at 1776 on June 12, 2014.
  • Moderator of “” A Sit Down with FTC Commissioner Maureen Ohlhausen”” on February 24, 2014, discussing the Internet of Things and the privacy issues arising from the trend of adding online connectivity to everyday items.
  • Moderator of Georgetown Entertainment & Media Alliance, Law Chapter panel titled “Defining ‘Entertainment and Media Law’ in DC” on September 19, 2013.
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Bar Admissions
  • Virginia
  • District of Columbia
Education
  • J.D., Georgetown University Law Center, 2010
  • B.A., Harvard University, 2007