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), privacy and bankruptcy litigation and business 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 skills sets, as well as his networks inside and outside the firm, to serve as trusted adviser to a variety of technology and e-commerce companies on business law, litigation, 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.

Fernando is very involved and invested in the startup community, representing and counseling clients in the ad tech and civic 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, a leader in the civic tech space.

Fernando is also deeply committed to civic engagement, public service and the New York City community. Fernando was recently 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 $175 million in annual grants to over 5,000 NYC non—profits. The Mayor of New York City recently re-appointed Fernando to the Conflicts of Interest Board of New York, 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

  • 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.
More »

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.
  • Regularly provides pre-litigation, privacy-by-design and compliance, intellectual property and contract counsel to a first-in-class ad fraud, viewability and brand safety technology company.
  • Serves as general counsel to ad tech programmatic and publishing vendors on wide range of corporate, intellectual property strategy, privacy, contract and litigation matters.
  • Serves as general counsel to a leading e-commerce weighted blanket company on a wide range of intellectual property strategy and enforcement, privacy compliance and contract matters.
  • Serves as general counsel to a preeminent civic tech think tank and member organization 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 a Dutch-based international digital ad agency holding company on corporate 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

  • National Bar Association "Top 40 Under 40 – Nation's Best Advocates" (2017)
  • Council of Urban Professionals Catalyst (2012)
  • Council of Urban Professionals Fellow (2010)
  • Hispanic National Bar Association "Top Lawyers Under 40" (2010)
  • Miller Coors Lideres Finalist (2010)
  • New York Metro "Super Lawyer" (2013 to 20201) 
    • New York Metro Super Lawyers "Rising Star" (2011, 2012)

Memberships

  • New York State Bar Association  
    • Nominating Committee: Delegate
    • Committee on Civil Rights: Former Chair
    • House of Delegates: Former Diversity Delegate
  • 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

Press Releases

Publications

Alerts

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: Past Co-Chair
  • American Constitution Society, New York Lawyer Chapter: Past Executive Committee Member
  • Fund for Modern Courts: Past Board Member
  • Limon Dance Co.: Former Past Board Member
  • New York County Democratic Committee Judicial Screening Panel: Past Administrator

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 battle-ground 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

  • 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

Previous Next
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...
Read More ->
IP Intelligence: Insight on Intellectual Property
FTC Issues Native Ad Guidance
By Fernando A. Bohorquez Jr.
December 30, 2015
We have been closely following the evolution of “native advertising” and the regulatory response since before the FTC’s Workshop “Blurred Lines: Advertising or Content?” over two years ago. Applying traditional FTC truth-in-advertising...
Read More ->
Data Counsel
FTC Clarifies Native and Online Ad Obligations
By Fernando A. Bohorquez Jr.
June 17, 2015
The FTC, in recent staff statements, has sought to clarify advertisers’ and publishers’ obligations regarding native advertising and social media promotions, particularly regarding when and how to clarify to readers that a message is...
Read More ->
Data Counsel
2014 Mobile Privacy and Security Trends and What to Look for in 2015
By Fernando A. Bohorquez Jr.
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...
Read More ->
Data Counsel
Fernando Bohorquez Participates in Compliance Week Podcast: Navigating the Pitfalls of Geolocation Data
By Fernando A. Bohorquez Jr.
January 2, 2015
The media recently reported that app-based ride sharing service Uber misused the company’s real-time location feature to track customers without their consent. Photo-sharing app Snapchat recently faced a complaint from the Federal Trade...
Read More ->