Fernando A. Bohorquez Jr.

Partner

New York
T 212.589.4242  |  F 212.589.4201

Fernando Bohorquez is a forward-thinking and innovative attorney who handles commercial bankruptcy litigation, intellectual property disputes, and white collar investigations. He has deep knowledge and experience with all phases of civil litigation, from pre-trial litigation, in particular, e-discovery, to resolution through mediation or trial. Fernando also regularly advises tech startup and social media companies regarding business law, intellectual property, social media, privacy, and internet liability issues.

Fernando is a contributor to the firm’s Data Privacy Monitor and IP Intelligence blogs. He is a frequent speaker on social media, intellectual property, privacy and data security, electronic discovery, and law firm diversity initiatives and has published several articles and blogs on social media, online advertising and marketing, Internet-related intellectual property issues, and electronic discovery. Fernando is also committed to civic engagement and public service. He serves on numerous boards, focusing his time on pipeline efforts developing and mentoring the next generation of leaders of color in the business and legal community. Consistent with these commitments, Fernando is also the Co-Chair of the New York office's Diversity and Community Engagement and Mentor Committees.

Select Experience

  • Integrally involved as a lead attorney for BakerHostetler's court-appointed representation of SIPA Trustee Irving H. Picard for the liquidation of Bernard L. Madoff Investment Securities LLC in efforts to recover assets for the Fund of Customer Property. Core member of strategy team supervising the global investigation and litigation of hundreds of actions seeking recovery of fraudulent transfers for equitable distribution to the defrauded customers filed by the Trustee in the United States Bankruptcy Court for the Southern District of New York against financial institutions, money managers, insiders, and sophisticated investors.
  • Represented senior government official in Iqbal v. Ashcroft, involving constitutional and statutory challenges to the detention policies following the September 11 terrorist attacks, resulting in a favorable U.S. Supreme Court ruling on the pleading standards required to bring actions in federal court.
  • Managed a large scale litigation team in Lanham Act claims against a competitor trademarking distributor for a beauty care industry client.
More »

Experience

  • Integrally involved as a lead attorney for BakerHostetler's court-appointed representation of SIPA Trustee Irving H. Picard for the liquidation of Bernard L. Madoff Investment Securities LLC in efforts to recover assets for the Fund of Customer Property. Core member of strategy team supervising the global investigation and litigation of hundreds of actions seeking recovery of fraudulent transfers for equitable distribution to the defrauded customers filed by the Trustee in the United States Bankruptcy Court for the Southern District of New York against financial institutions, money managers, insiders, and sophisticated investors.
  • Represented senior government official in Iqbal v. Ashcroft, involving constitutional and statutory challenges to the detention policies following the September 11 terrorist attacks, resulting in a favorable U.S. Supreme Court ruling on the pleading standards required to bring actions in federal court.
  • Managed a large scale litigation team in Lanham Act claims against a competitor trademarking distributor for a beauty care industry client.
  • Counseled media conglomerate on digital media issues relating to contracts, licenses, intellectual property, among others, in pre-litigation management work.
  • Advised numerous technology companies in pre-litigation work, including contract and intellectual property issues, and handled disputes with customers and partners to avoid litigation.
  • Managed large-scale, multidisciplinary team in Lanham Act litigation against numerous competitors of a leading client in the prepaid calling card industry.
  • Represents and regularly advises Impelsys, an eContent 100 digital publishing company, with respect to employment matters, vendor and customer contracts.
  • Advises DonorTap, an on-line fundraising platform, on corporate and intellectual property matters, including redemption agreements, convertible and promissory notes, and trademarks.
  • Provides broad ranging and on-going counsel to Decisive, a rapidly growing ad tech startup that provides a platform for optimizing mobile advertising campaigns, in connection with its intellectual property strategy and IP protection. Further represents Decisive in all corporate, tax, employment, and incentive stock plan matters related to formation and funding.
  • Provides a leading enterprise level social relationship platform, with a comprehensive assessment of all the major social media networks privacy policies and analyzes company’s data use cases across the multiple social media platforms to maximize brand and agency customer value.
  • Advises Qlovi, a rising ed tech startup that provides personal class room eReading and writing experiences, on its distribution and content agreements with schools and school districts. We also represent Qlovi in connection with all corporate and intellectual property matters.
  • Counsels Society Consulting, one of the fastest growing Seattle data analytics companies, on privacy matters related to new “big data” products and services, including privacy policies and website terms of use.
  • Regularly advises technology startup founders in potential pre-litigation internal and external business disputes, including employment terminations, redemption agreements, convertible and promissory notes, and vendor and customer contracts.

Recognitions

  • CUP Catalyst (2012)
  • Hispanic National Bar Association "Top Lawyers Under 40" (2010)
  • Miller Coors Lideres Finalist (2010)

Memberships

  • New York State Bar Association
    • Delegate to the Nominating Committee
    • Committee on Civil Rights: Former Chair
    • Former Diversity Delegate to the House of Delegates
    • Social Media Committee: Member
  • New York City Bar Association
    • Pro Bono Committee: Former Secretary
  • Hispanic National Bar Association
    • New York Region Deputy President
    • Former National Mentoring Program Committee Member

Community

  • The City of New York Conflicts of Interest Board: Board Member
  • LatinoJustice PRLDEF: Board Member
  • Council of Urban Professionals: Fellow and Co-Chair of Fellow Alumni Committee
  • American Constitution Society: New York Lawyer Chapter: Executive Committee Member
  • Fund for Modern Courts: Board Member
  • Limon Dance Company: Board Member
  • New York County Democratic Committee Judicial Screening Panel: Past Administrator

Pro Bono

  • Represented numerous immigrants through the New York City Bar in removal proceedings.
  • Spearheaded efforts to organize Spanish-speaking attorneys to volunteer for deferred action relief and Latino voter protection efforts in New York City and nationwide.

Services

Prior Positions

  • Clerk for the Honorable Gerald Bruce Lee in the United States District Court for the Eastern District of Virginia
  • Georgetown University Law Center Institute for Public Representation: Fellow

Admissions

  • U.S. Supreme Court, 2010
  • U.S. Court of Appeals, Second Circuit, 2006
  • U.S. Court of Appeals, District of Columbia Circuit, 2001
  • U.S. District Court, Eastern District of New York, 2003
  • U.S. District Court, Southern District of New York, 2003
  • New York, 2000

Education

  • LL.M., Georgetown University Law Center, 2001
  • J.D., New York Law School, 1999, magna cum laude
  • B.A., University of Delaware, 1995

Languages

  • Spanish

Blog

In The Blogs

Previous Next
Data Privacy Monitor
Nominations Open for ABA Journal’s Top 100 Legal Blogs – Data Privacy Monitor
July 30, 2014
The American Bar Association Journal announced that it is compiling its annual list of the 100 best legal blogs and invites readers to submit a nomination: Use the form below to tell us about a blog—not your own—that you read regularly and...
Read More ->
IP Intelligence: Insight on Intellectual Property
Nominations Open for ABA Journal’s Top 100 Legal Blogs – IP Intelligence
July 29, 2014
The American Bar Association Journal announced that it is compiling its annual list of the 100 best legal blogs and invites readers to submit a nomination: Use the form below to tell us about a blog—not your own—that you read regularly and...
Read More ->
IP Intelligence: Insight on Intellectual Property
Partner Alan Friel Named Influential Lawyer by LA Business Journal
July 25, 2014
Partner Alan Friel was named among the “Most Influential Lawyers: Digital Media and E-Commerce Law” in the Los Angeles Business Journal’s July 21, 2014, issue. The list recognizes 30 Los Angeles attorneys who have demonstrated outstanding...
Read More ->
Data Privacy Monitor
Partner Alan Friel Named Influential Lawyer by LA Business Journal
July 24, 2014
Partner Alan Friel was named among the “Most Influential Lawyers: Digital Media and E-Commerce Law” in the Los Angeles Business Journal’s July 21, 2014, issue. The list recognizes 30 Los Angeles attorneys who have demonstrated outstanding...
Read More ->
Data Privacy Monitor
What’s Old is New Again—Insecure Remote Access
July 23, 2014
When a merchant is suspected of being the victim of an account data compromise event, they are often required by the card brands to hire a Payment Card Industry Forensic Investigator (PFI). The PFI provides a report on the investigation to...
Read More ->