Fernando A. Bohorquez Jr.

Partner

New York
T 212.589.4242  |  F 212.589.4201

Fernando Bohorquez is a forward-thinking, problem-solving, and innovative attorney who handles commercial, intellectual property, and bankruptcy litigation and business disputes. Currently the Litigation Group Coordinator for BakerHostetler’s New York office, Fernando has deep knowledge and experience with all phases of civil litigation, managing large scale cases in high profile and pressure environments. He leverages these skills sets, as well as his networks inside and outside of the firm, to advise a variety of emerging tech startup and social media clients on business law, intellectual property, on-line advertising, and privacy and data security. He is a frequent speaker on social media and digital marketing, privacy and data security, electronic discovery, and law firm diversity initiatives and has published several articles and blogs on online advertising and marketing, Internet-related intellectual property issues, and electronic discovery, including regularly contributing to the firm's Data Privacy Monitor and IP Intelligence blogs. For Fernando’s thought leadership on these topics, click here and here

Fernando is very involved and invested in the startup community, representing and counseling various minority and female owned tech companies, serving as a leading member of the firm's Emerging Company team, spearheading the firm's sponsorship of the German Accelerator program in New York City, as well as the New York office's collaboration with Civic Hall, and speaking at local law schools. Furthermore, Fernando is deeply committed to civic engagement and public service. Recognizing these efforts, the Mayor of New York City recently appointed Fernando to the Conflicts of Interest Board of New York, which oversees the ethics laws applicable to all New York City public servants. He serves on numerous non-profit 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 a member and former co-chair of the New York office's Diversity and Inclusion Committee, and is a former member and chair of the Mentor Committee.

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 large-scale, multidisciplinary team in Lanham Act litigation against numerous competitors of a leading client in the prepaid calling card industry.
  • 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.
  • Advises numerous technology companies in pre-litigation work, including contract and intellectual property issues, and handled disputes with customers and partners to avoid litigation.
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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 large-scale, multidisciplinary team in Lanham Act litigation against numerous competitors of a leading client in the prepaid calling card industry.
  • 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.
  • Advises numerous technology companies in pre-litigation work, including contract and intellectual property issues, and handled disputes with customers and partners to avoid litigation.
  • 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.
  • 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.

Recognitions

  • CUP Catalyst (2012)
  • Hispanic National Bar Association "Top Lawyers Under 40" (2010)
  • Miller Coors Lideres Finalist (2010)
  • New York "Super Lawyer" (2013, 2014)
    • New York Super Lawyers "Rising Star" (2011, 2012)

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

News

Press Releases

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

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Data Privacy Monitor
2014 Mobile Privacy and Security Trends and What to Look for in 2015
By Fernando A. Bohorquez Jr., Jenna N. Felz
January 23, 2015
Most analysts and commentators agree that 2014 was the year mobile reached a tipping point.  With over 1 billion mobile smartphones in circulation, 2014 marked the first year that mobile Internet usage surpassed desktop use in the U.S...
Read More ->
Data Privacy Monitor
#Ubergate Makes Plain That Privacy Cannot Be a Passing Thought for Start-Ups
By Fernando A. Bohorquez Jr., Jenna N. Felz
November 26, 2014
The long-brewing behind-the-scenes tensions of privacy, big data, and mobile finally came to a head last week in the public relations disaster known as #Ubergate. Uber’s meteoric rise to the pinnacle of the rideshare start-up economy has...
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Data Privacy Monitor
All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part V
By Fernando A. Bohorquez Jr.
September 29, 2014
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After...
Read More ->
Data Privacy Monitor
All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part IV
By Fernando A. Bohorquez Jr.
September 19, 2014
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After...
Read More ->
Data Privacy Monitor
All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part III
By Fernando A. Bohorquez Jr.
September 17, 2014
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After...
Read More ->