Jerry Ferguson serves as the Coordinator for the Intellectual Property, Technology and Media Group in BakerHostetler’s New York office and as the National Co-Leader of BakerHostetler’s Privacy and Data Protection Team.
Mr. Ferguson has assisted clients in creating and implementing national and global privacy policies for more than a decade. He has extensive experience advising companies suffering data security breaches that may trigger obligations under state and federal breach notification laws. He can quickly and efficiently advise clients regarding notification obligations because of his extensive experience with (i) the 46 state breach notification laws; (ii) the breach notification provisions in federal laws, such as Gramm-Leach-Bliley and HIPAA; and (iii) industry self-regulation, such as the Payment Card Industry rules. As part of his proactive approach to an incident response, he directs forensic consultants to develop the substantive opinions necessary to support a determination of whether disclosure of a breach is required. If disclosure is required, he assembles a multidisciplinary team to manage the notice process and minimize (i) reputational harm, (ii) damage to customer relations and (iii) legal liabilities. He is a regular contributor to BakerHostetler’s Data Privacy Monitor blog, available at www.dataprivacymonitor.com.
Mr. Ferguson has protected his clients’ rights and business interests in more than 100 proceedings in state and federal court and national and international arbitrations. He regularly defends his clients and protects their business interests before state Attorneys General and the Federal Trade Commission.
Mr. Ferguson has assisted a wide range of businesses in developing intellectual property protection and monetization programs, including financial institutions, Internet service providers and apparel companies. He regularly structures and closes transactions involving the licensing and assignment of intellectual property rights and Internet assets. He assists clients in establishing website operations and social media strategies that limit potential liabilities and comply with applicable laws, regulations and industry self-regulation. Mr. Ferguson also manages a wide range of services for his international and domestic clientele, including trademark clearance review, portfolio management, brand strategizing and counseling, due diligence in trademark acquisitions and registration of intellectual property assets.
Mr. Ferguson has authored numerous published articles, and he regularly lectures before legal industry and continuing legal education groups, such as the Practising Law Institute and the New York State Bar Association. Mr. Ferguson is Co-Chairman of the Intellectual Property Committee of the New York State Bar Association, International Section.
10/2/2013 - Are You Ready for the New Telephone and Text Marketing Rules?
3/4/2013 - Law360: Jerry Ferguson Says Banks Willing to Take SEC Guidance on Cyberattack Disclosures More Seriously
2/26/2013 - Jerry Ferguson Notes Cybersecurity Executive Order Could Open Public Companies Up to Shareholder Litigation
4/25/2013 - "Hot Topics" for Hedge Funds