Fernando A. Bohorquez Jr.

Partner

New York
T +1 212.589.4242  |  F +1 212.589.4201

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, 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 (CIPP/US) 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, and 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 speaking 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 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.
  • 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 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 marketing leading developer of a platform aggregating user-generated social media content concerning potential Lanham Act, copyright, trademark and regulatory exposure with the use of UGC to promote brand content and best practices concerning the same.
  • Provides an enterprise-level social relationship platform with a comprehensive assessment of social media networks privacy policies and analysis of the company's data use cases across social media platforms to maximize brand and agency customer value.
  • 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 and influencer best practices and policies and regulatory compliance.
  • Provides general counsel services to an ad tech programmatic and publishing vendor.

Recognitions

  • CUP Catalyst (2012)
  • Hispanic National Bar Association "Top Lawyers Under 40" (2010)
  • Miller Coors Lideres Finalist (2010)
  • New York "Super Lawyer" (2013 to 2016)
    • New York 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 
    • 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
OCR Issues Alert Regarding Phishing Email Disguised as Official OCR Audit Communication
November 29, 2016
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published an alert on Nov. 28 describing a phishing email being circulated on mock HHS departmental letterhead under the signature of OCR Director Jocelyn...
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IP Intelligence: Insight on Intellectual Property
Post Grant Review: § 112 and Eligibility Issues in Chemical and Life Sciences
November 28, 2016
Post Grant Review (PGR) petitions are on the rise, and nearly half of all petitions to date have challenged patents in Biotechnology and Organic Chemistry, or Chemical and Materials Engineering technology centers.[1] We have reviewed PGR...
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IP Intelligence: Insight on Intellectual Property
Patent Invalidity Offense: When Is District Court Action the Better Option Over IPR, PGR or CBM?
November 28, 2016
It’s Monday morning after the Thanksgiving holiday. Easing back into the workweek with the lingering effects of turkey, stuffing and a miraculous Ohio State victory still sapping my brain, I open the court docket report. Ordinarily, there...
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Data Privacy Monitor
Digital Currency Exchange Customers Targeted in IRS Information-Gathering Sweep
November 21, 2016
Coinbase, one of the largest digital currency exchange companies in the world, will likely be asked to provide the Internal Revenue Service (IRS) with transactional data and other information on all U.S. customers who used its services...
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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. This...
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