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.
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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 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.

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

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Data Privacy Monitor
Iowa Breach Notification Law Now Requires AG Notification, Applies to Paper Records
April 16, 2014
Iowa recently joined an increasing number of states that require notification of state regulatory authorities following a breach, as well as a handful of states in which paper records can trigger notification obligations.  On April 3...
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Data Privacy Monitor
With OpenSSL Compromised by Heartbleed, an Opportunity for Companies to Diversify Cyber Security Efforts
April 14, 2014
The recent discovery of the “Heartbleed” online bug has sent shockwaves through the internet, causing companies and individuals alike to question very basic assumptions about cyber security. The bug has allegedly existed for the past two...
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Data Privacy Monitor
Kentucky Enacts Data Breach Notification Statute
April 14, 2014
On April 10, 2014, Kentucky Governor Steve Beshear signed H.B. 232 into law, making Kentucky the 47th state to enact data breach notification legislation.  Prior to H.B. 232, Kentucky was one of only four states—including Alabama, New...
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Data Privacy Monitor
Privacy Law in a Nutshell
April 11, 2014
BakerHostetler Privacy & Data Security partner Erica Gann Kitaev is a co-author of the recently published Privacy Law in a Nutshell, Second Edition, through West Academic Publishing. Legal issues related to privacy are exploding in the...
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Data Privacy Monitor
Ill Conceived California Privacy Bill Threatens Viability Of Commercial Educational Online Services
April 11, 2014
SB 1177, the Student Online Privacy Protection Act was recently introduced in the California legislature.  This is a bad bill for the private educational industry, and ultimately for parents and students.  It would drastically expand the...
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