Fernando A. Bohorquez Jr.

Partner

New York
T +1.212.589.4242
F +1.212.589.4201

Overview

Fernando Bohorquez is a forward-thinking, problem-solving, innovative attorney who handles commercial, intellectual property (IP), 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 high-pressure environments. He leverages these skills sets, as well as his networks inside and outside the firm, to advise a variety of emerging tech startup and social media clients on business law, intellectual property, online 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 also certified as an Information Privacy Professional by the International Association of Privacy Professionals.

Fernando is very involved and invested in the startup community, representing and counseling early-stage companies in the ad tech, civic tech and health tech verticals. He serves 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 he speaks at local law schools. Fernando's commitment to diversity also extends to the startup space, where he represents and counsels various minority- and female-owned tech companies.

Select Experience

  • 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.
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Experience

  • 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.
  • Counseled a media conglomerate on digital media issues relating to contracts, licenses and intellectual property, among others, in pre-litigation management work.
  • Advises numerous technology companies in pre-litigation work, including on contract and intellectual property issues, and handles 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.
  • Provides broad-ranging and ongoing 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 the company's data use cases across the multiple social media platforms to maximize brand and agency customer value.
  • Provides risk analysis and pre-litigation counsel to the leading marketing developer of a platform aggregating user-generated social media content concerning potential Lanham Act, copyright, trademark and regulatory exposure with the use of user-generated content to promote brand content and best practices concerning the same.
  • Provides pre-litigation and contract counsel to a first-in-class ad fraud, viewability and brand safety tech startup on Lanham Act, unfair competition and trademark matters.
  • Provides broad-ranging and ongoing privacy and IP counsel to a rapidly growing ad tech startup platform optimizing mobile advertising campaigns.
  • Counsels an online publication on native advertising, influencer best practices and policies, and regulatory compliance.
  • Provides general counsel services to an ad tech programmatic and publishing vendor.

Recognitions and Memberships

Recognitions

  • National Bar Association "Top 40 Under 40 – Nation's Best Advocates" (2017)
  • Council of Urban Professionals Catalyst (2012)
  • Hispanic National Bar Association "Top Lawyers Under 40" (2010)
  • Miller Coors Lideres Finalist (2010)
  • New York Metro "Super Lawyer" (2013 to 2017) 
    • New York Metro Super Lawyers "Rising Star" (2011, 2012)
  • International Association of Privacy Professionals (IAPP): Certified Information Privacy Professional (CIPP/US) (2015)

Memberships

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

News

News

Community

  • 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: 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 Co.: Board Member
  • New York County Democratic Committee Judicial Screening Panel: Past Administrator

Pro Bono

  • Has represented through the New York City Bar numerous immigrants 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.

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
California Legislature Working Feverishly To Avert Privacy Ballot Initiative
June 22, 2018
We have previously reported a ballot initiative known as the California Consumer Privacy Act of 2018 (“CCPA”), that is expected to be on the November ballot. If passed, it would make sweeping changes to consumer privacy protection rights...
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Data Privacy Monitor
The Weekly Privacy Rewind
June 19, 2018
Class Actions Finkly & Sons Co. Faces Illinois Biometric Information Privacy Act Class Action • A former employee of steelmaker A. Finkly & Sons Co. filed a putative class action against the company in Cook County, Illinois, for violations...
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IP Intelligence: Insight on Intellectual Property
USPTO Memo Addresses Eligibility of Method-of-Treatment Claims in View of Federal Circuit Decision
By David N. Farsiou
June 18, 2018
In a memorandum dated June 7, 2018 (Memo), the U.S. Patent and Trademark Office (USPTO) set out new guidance concerning method-of-treatment claims, which should be welcome news for patentees. The memo addressed the decision by the U.S...
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Data Privacy Monitor
OCR Announces Intention to Move Forward With Development of Methodology to Distribute Enforcement Funds to Victims of HIPAA Violations
By Kathryn Carey, Lynn Sessions
June 15, 2018
The Office for Civil Rights (OCR) updated its agenda, outlining proposed and final rules as well as pre-rule document releases for 2018. A notable, and highly anticipated, advance notice of proposed rulemaking included on the agenda...
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Data Privacy Monitor
11th Circuit Issues Opinion Vacating Order That Required LabMD to Overhaul Its Data Security Program
By Kathryn Carey, Aaron R. Lancaster
June 8, 2018
On June 6, the 11th Circuit issued its long-awaited decision on LabMD Inc. v. Federal Trade Commission, vacating as unenforceable the Federal Trade Commission’s (FTC’s) cease and desist order that required LabMD to create and implement a...
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