Fernando A. Bohorquez Jr.

Partner

New York
T +1.212.589.4242
F +1.212.589.4201

Overview

Fernando Bohorquez is a forward-thinking, innovative attorney who provides his clients with holistic 360 advice that solves problems, provides business guidance and mitigates litigation and regulatory risk. With his unique combination of litigation experience, privacy expertise and deep familiarity with his client’s business, Fernando provides pragmatic, integrated and strategic counsel in developing new products and services, implementing regulatory compliance plans and drafting and negotiating complex commercial agreements, while navigating the constantly evolving data privacy and intellectual property technology landscape and resolving commercial litigation disputes.

Currently serving as the New York Litigation Leader, Fernando has a deep knowledge and experience with all phases of civil litigation, managing large-scale cases in high-profile and high-pressure environments. He leverages these skill sets, as well as his extended networks inside and outside the firm, to serve as a trusted adviser to a variety of technology and adtech companies on business law, contracts, litigation, intellectual property, digital advertising and privacy and data security. He is a frequent speaker on digital advertising, 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. Fernando is presently a partner-in-residence for the Cross-Measurement Council of the Interactive Advertising Bureau (IAB).

Fernando is also deeply committed to civic engagement, public service and the New York City community. he was nominated by the President of the New York City Bar to serve as the City Bar’s representative on the board of the New York Community Trust, which is responsible for over $200 million in annual grants to over 5,000 NYC non—profits. Fernando also serves on the Conflicts of Interest Board of New York City, which oversees the ethics laws applicable to all New York City government officials and employees. He serves and has served on several non-profit boards, focusing his time on pipeline efforts developing and mentoring the next generation of diverse civic leaders and the civil rights of the Latinx and immigrant community. Consistent with these commitments, Fernando is a member and former co-chair of the New York office's Inclusion and Diversity Committee and serves as an Advisory Board member to the firm’s Inclusion and Diversity Council.

Select Experience

  • Provides data privacy and security compliance and privacy-by-design advice, product and services intellectual property and contract risk-mitigation counseling, and technology contract advice to first-in-class ad fraud, viewability, brand safety/suitability and contextual advertising technology public company.
  • Serves as general counsel to ad tech programmatic and publishing vendors on wide range of corporate, intellectual property strategy, data privacy, contract and litigation matters.
  • Integrally involved as a lead attorney for BakerHostetler’s court-appointed representation of Securities Investor Protection Act 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. Is a core member of the strategy team supervising the global investigation and litigation of hundreds of actions seeking the 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.
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Experience

  • Provides data privacy and security compliance and privacy-by-design advice, product and services intellectual property and contract risk-mitigation counseling, and technology contract advice to first-in-class ad fraud, viewability, brand safety/suitability and contextual advertising technology public company.
  • Serves as general counsel to ad tech programmatic and publishing vendors on wide range of corporate, intellectual property strategy, data privacy, contract and litigation matters.
  • Integrally involved as a lead attorney for BakerHostetler’s court-appointed representation of Securities Investor Protection Act 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. Is a core member of the strategy team supervising the global investigation and litigation of hundreds of actions seeking the 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 a senior government official in Iqbal v. Ashcroft, involving constitutional and statutory challenges to the detention policies following the Sept. 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, 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.
  • Serves as general counsel to a preeminent New York City based civic tech think tank non-profit.
  • Serves as general counsel to an innovative civic tech non-profit in the housing and tenant rights space.
  • Regularly provides pre-litigation, privacy and contract counsel to a leading ed tech coaching platform.
  • Serves as U.S. general counsel to a Swiss-based AI enterprise-level technology company on a wide range of corporate, intellectual property and employment matters.
  • Serves as U.S. general counsel to a Colombian-based financial services technology consulting company on a wide range of corporate, contract, intellectual property strategy and enforcement, and employment matters.
  • Serves as U.S. general counsel to an international digital ad agency company on corporate, data privacy and employment matters.
  • Regularly advises technology startup founders in internal and external business disputes, including intellectual property litigation and enforcement, privacy, employee terminations, trade secrets and customer contracts.
  • Regularly provides risk analysis and pre-litigation counseling to social media platforms on data use cases and user-generated social media content concerning potential Lanham Act, copyright, trademark and regulatory exposure.

Recognitions and Memberships

Recognitions

  • City & State New York Power of Diversity: Latino 100 (2022)
  • National Bar Association "Top 40 Under 40 – Nation's Best Advocates" (2017)
  • Council of Urban Professionals
    • Catalyst (2012)
    • Fellow (2010)
  • Hispanic National Bar Association "Top Lawyers Under 40" (2010)
  • Miller Coors Lideres Finalist (2010)
  • New York Metro Super Lawyer (2013 to 2021) 
    • "Rising Star" (2011 to 2012)

Memberships

  • New York State Bar Association  
    • Nominating Committee: Delegate (former)
    • Committee on Civil Rights: Chair (former)
    • House of Delegates: Diversity Delegate (former)
  • New York City Bar Association 
    •  Pro Bono Committee: Secretary (former)
  • Hispanic National Bar Association  
    • New York Region: Deputy President (former)
    • National Mentoring Program Committee: Member (former)

News

News

Blog Posts

Community

  • New York Community Trust: Board Member
  • The City of New York Conflicts of Interest Board: Board Member
  • LatinoJustice Puerto Rican Legal Defense and Education Fund: Board Member
  • Council of Urban Professionals
    • Board Member
    • CUP Fellows Alumni Committee: Co-Chair (former)
  • American Constitution Society, New York Lawyer Chapter: Executive Committee Member (former)
  • Fund for Modern Courts: Board Member (former)
  • Limon Dance Co.: Board Member (former)
  • New York County Democratic Committee Judicial Screening Panel: Administrator (former)

Pro Bono

  • Manages the New York Office’s sponsorship with Safe Passage, successfully representing over a dozen undocumented and unaccompanied children in immigration removal proceedings over the last five years.
  • Individually represented through the New York City Bar and others numerous immigrants in removal proceedings.
  • Spearheaded efforts to organize Spanish-speaking attorneys to volunteer for deferred action relief and Latino voter protection efforts in battleground states and served as an election day poll monitor.
  • Represented LatinoJustice as amicus curiae in several federal district court proceedings opposing the repeal of the DACA program.
  • Advises JustFix – a non-profit civic tech startup providing technology solutions and platforms to tenants and housing rights advocates.

Prior Positions

  • The Honorable Gerald Bruce Lee in the U.S. District Court for the Eastern District of Virginia: Clerk
  • Georgetown University Law Center Institute for Public Representation: Fellow

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • 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 Counsel
A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Four
By Fernando A. Bohorquez Jr., Yadilsa Diaz, Gerald J. Ferguson, Priyanka Surapaneni
April 5, 2022
Part I: What Are Third-Party Cookies and Why They Are Important Part II: Privacy Laws and Third-Party Cookies Part III: The Big Tech Phase-Out of the Third-Party Cookie and the Emerging Industry Landscape – Browsers and Mobile Part IV: The...
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Data Counsel
A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Three
By Fernando A. Bohorquez Jr., Yadilsa Diaz, Gerald J. Ferguson, Priyanka Surapaneni
February 15, 2022
Editor’s Note: This blog post was originally published in September 2021, courtesy of the Association of National Advertisers. It is repurposed with permission. Part I: What Are Third-Party Cookies and Why They Are Important Part II...
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Data Counsel
A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Two
By Fernando A. Bohorquez Jr., Yadilsa Diaz, Gerald J. Ferguson
January 12, 2022
Part I: What Are Third-Party Cookies and Why they are Important — PART II — Privacy Laws And Third-Party Cookies Welcome to our second installment in our five-part series preparing you for the post-cookie world. In our first post, we...
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Data Counsel
A Digital Advertising Primer on Preparing for the Post-Cookie World: Part One
By Fernando A. Bohorquez Jr., Yadilsa Diaz, Gerald J. Ferguson
December 14, 2021
Editor’s Note: This blog post was originally published in September 2021, courtesy of the Association of National Advertisers. It is repurposed with permission. — PART I — Overview of the Five-Part Series In a time of constant change in...
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Data Counsel
2016 Mobile Data Privacy and Security Update and 2015 Review
By Fernando A. Bohorquez Jr.
April 4, 2016
To say that mobile device usage has reached a tipping point would be an understatement. There are now more mobile devices than people in the world, a staggering 7.9 billion mobile devices for 7.4 billion people on Earth. In the U.S., more...
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