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With 18 offices, from New York to Los Angeles and Seattle to Orlando, we live and work in communities all over the U.S., collaborating across locations, disciplines and even borders. Our experienced, highly ranked lawyers serve businesses wherever they are and wherever they want to go.

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Pro Bono

Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

Record-Breaking $1.55M CCPA Settlement Against Health Information Website Publisher

DOJ and HHS Launch New False Claims Act Working Group to Target Healthcare Fraud

Sports

BakerHostetler Services

Raj Bandla, Cynthia Bast Present at 2025 Texas Housing Conference

Jerry helps clients achieve their business objectives by providing practical, actionable guidance for developing, protecting and exploiting intellectual property, data and media assets. With a strong grounding in privacy, IP, advertising and consumer protection law, he offers clients integrated advice that solves problems and creates opportunities. Jerry imbeds himself in clients’ business operations so he can align his advice with the clients’ long-term goals.

In 2023, Jerry was lead counsel when BakerHostetler secured a trial win for an international client in a case involving the production and sale of MetaBirkin NFTs by a designer that infringed the client’s trademarks protecting its brand of handbags both in name and appearance. <em>The Wall Street Journal</em> described the trial as “one of the first to reckon with how NFTs intersect with intellectual property law and free-speech protections for art.”

Jerry’s diverse experience also includes designing and implementing dynamic global privacy programs that respond to ever-evolving legal frameworks. He helps banks and insurance companies establish online presences, and serves as outside products counsel, assisting clients in developing new digital products and services that are designed for legal compliance. Jerry has guided clients through more than 100 data security incidents, assisting them in satisfying the notice obligations such incidents can trigger while minimizing damages exposure and preserving the clients' reputation. He assists clients in strategically developing, expanding and protecting their intellectual property portfolios, and has served as privacy and intellectual property counsel in complex mergers and acquisition transactions.

Jerry has authored numerous published articles and frequently speaks before client and industry groups, such as the DC Blockchain Summit, Interactive Advertising Bureau, Media Law Resource Center, American National Standards Institute, Mortgage Bankers Association, Advisen, ExecuSummit, the National Association of College and University Attorneys, the Practising Law Institute and the New York State Bar Association.

He is a former Chair of the New York State Bar Association’s International Section and the current Chair of the NYSBA's International Dispute Resolution Committee and was a Partner in Residence for the Interactive Advertising Bureau’s Cross-Channel Measurement Council.

core/freeform

J.D., University of Virginia School of Law, 1988

B.A., University of Virginia, 1984

<ul>
<li>Managing IP Awards Americas: Impact Cases of the Year Award (2024)</li>
<li><em>The AmLaw Litigation Daily</em>: Leader of team that received a Litigator of the Week first runner-up (February 10, 2023)</li>
<li>Interactive Advertising Bureau, Cross-Channel Measurement Council: Partner in Residence (2022 to 2023)</li>
<li><em>The Best Lawyers in America</em>® (2016 to present)
<ul>
<li>New York: Privacy and Data Security Law</li>
</ul>
</li>
</ul>


New York

DOJ Implements Bulk Personal Data Transfer Restrictions

BakerHostetler Team Files Amicus Brief Against SEC by The Digital Chamber

Gerald Ferguson and Eric Gyasi Lead Discussion on Privacy and Data Protection Challenges

Gerald Ferguson Speaks at 2024 DC Blockchain Summit

Hermès Int’l v Rothschild Wins Impact Cases of the Year from Managing IP Awards Americas

Hermès Team Scores Another Victory Against Designer of “MetaBirkins”

Gerald Ferguson Speaks at 2024 IAB Public Policy & Legal Summit

Bulls, Bears, and Blockchain™ – March 26, 2024

2023 Advertising CLE Webinar Showcase

Another Big Victory for BakerHostetler on Behalf of Client Hermès International

IP Intelligence Report

<em>Rogers</em> Test Not Applicable When Mark Is Used as a Trademark

Jerry Ferguson Discusses Challenges to the Status Quo in Data Privacy

BakerHosts

NFTs and the Future of Digital Brands

Data Counsel

The Post-Cookie Digital Advertising Landscape: Planning for Privacy Compliance in Unsettled Terrain

Fernando Bohorquez, Jerry Ferguson and Priyanka Surapaneni Author Article About Post-Cookie Digital Advertising

BakerHostetler Secures Victory for Paris Fashion House Hermès International in Trademark Case involving NFTs

BakerHostetler Team Named First Runner Up in Litigator of the Week

BakerHostetler Team Helps UK Private Equity Sponsor and Indian Portfolio Company Acquire Cians Analytics

BakerHostetler Team Assists Client with Major Acquisition

Jerry Ferguson, Kevin Wallace, Oren Warshavsky and Deb Wilcox Secure Client Win

A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Four

Fernando Bohorquez Jr. and Jerry Ferguson Named IAB Partners in Residence

A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Three

BakerHostetler Team Represents Communication Specialist BerlinRosen in Sale

A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Two

Linda Goldstein, Gerald Ferguson, Fernando Bohorquez, Jeewon Serrato, Justin Yedor Discuss AdTech Regulation and Compliance

A Digital Advertising Primer on Preparing for the Post-Cookie World: Part One

BakerHostetler Deal Team Noted in Marriott Vacations Worldwide Acquisition of Welk Resort Group

The State Tax Show

Taxing Digital Advertising: A Roundtable Discussion

<i>Bloomberg’s</i> article “Madoff Victims to Get $322 Million in Trustee Payout” acknowledges BakerHostetler attorneys at announcement of fifth distribution plans

Madoff Recovery Initiative Marks Fourth Anniversary … Moves into Fifth Year Still Building Recovery Momentum

Press Release: Second Interim Distribution of Recovered Funds to Madoff Claim Holders

Press Release: United States Supreme Court Denies Certiorari, Upholding Net Equity Decision in BLMIS Liquidation

<i>The Wall Street Journal</i> showcases BakerHostetler and the “unprecedented magnitude” of the global recovery efforts in article “The Madoff Liquidation, Three Years Later”

Press Release: Initial Interim Distribution of Recovered Funds to Madoff Claims Holders

<i>The New York Times</i> reports on BakerHostetler’s negotiation and settlement with the Picower Estate for $5 billion in the SIPA liquidation of Bernard L. Madoff Investment Securities LLC

Digital Assets and Data Management

Web3 and Digital Assets

Comprehensive State Privacy Laws

Digital Risk Advisory and Cybersecurity

Industries

Financial Services: Regulatory and Compliance

Financial Services: Technology

Hospitality

Information Governance

Media Law and Digital Content

Media Mergers and Acquisitions

Privacy Governance and Technology Transactions

Digital and Innovative Markets

<h5>Blockchain</h5>
<ul>
<li>Secured a trial win for a French luxury design house and manufacturer in a trademark infringement case against a designer over the production and sale of MetaBirkin NFTs. Secured another win for the client four months later when a federal judge permanently blocked the designer from selling the NFTs. The following year, a federal judge ruled that the designer is barred from displaying his artwork at Spritmuseum in Stockholm, Sweden, because he would most likely use that venue to promote the NFT, which would be in violation of the injunction filed by the court.</li>
</ul>
<h5><strong>Privacy and Data Protection</strong></h5>
<ul>
<li>He has developed and assisted in the execution of privacy and data protection programs for clients in a wide variety of industries, including digital media, retail, hospitality, financial services and education. In recent years, he has helped clients prepare for new regulatory regimes that often require organizations to rethink their privacy compliance program, such as the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Where his clients’ operations implicate industry-specific privacy laws and rules, he helps adapt their program to satisfy such laws as the Gramm-Leach-Bliley Act (GLBA), Securities and Exchange Commission Regulation S-P (Reg. S-P), Family Educational Rights and Privacy Act (FERPA) and the Payment Card Industry Data Security Standard (PCI DSS).</li>
<li>As the new wave of privacy laws going into effect – such as the California Consumer Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA) and the Colorado Privacy Act (CPA) – he is helping clients prepare and execute practical plans for meeting the requirements of these laws.</li>
<li>Managed the response for a data security incident for a financial institution involving the potential compromise of approximately 27 terabytes of data and requiring notification of more than 5 million individuals and multiple regulatory authorities in a manner that minimized long term harm to the organization.</li>
<li>Directed forensics and coordinated with law enforcement personnel when a prominent government contractor suffered an intrusion by a foreign government team of hackers seeking trade secrets (aka an advanced persistent threat).</li>
</ul>
<h5><strong>Intellectual Property</strong></h5>
<ul>
<li>Through the Trademark Trial and Appeals Board (TTAB) and federal court proceedings culminating in a jury trial, established the right of a sporting association to create a worldwide licensing program in the face of persistent opposition from a prominent fashion designer, and built the framework for a successful global licensing program.</li>
<li>Established a program for the protection of a family of popular prepaid calling card trademarks. Commenced the preliminary injunction proceedings in New York, Florida, Texas, Colorado and California, and removed all significant infringements from the marketplace, allowing recoveries to be paid for the cost of the program.</li>
<li>Protected the rights of a cable television station in the name of one of its most popular programs in a proceeding before the TTAB.</li>
<li>In an ICC arbitration involving termination of a copyright and trademark license and distribution agreement, obtained the recovery of $9.65 million on behalf of a Brazilian licensee when a Japanese licensor initially denied any payment was due.</li>
<li>Obtained termination of a trademark license granted by a U.S. trademark owner to a Mexican licensee during a proceeding before the American Arbitration Association.</li>
<li>On behalf of a luxury goods company, established a nationwide trademark protection program involving integrated federal anticounterfeiting and infringement actions, customs enforcement, and cooperation with local law enforcement agencies.</li>
</ul>
<h5><strong>Regulatory Compliance</strong></h5>
<ul>
<li>Represented a prepaid services card company in an informal discussion with the Federal Trade Commission (FTC) and nine attorneys general regarding industrywide practices relating to the disclosure of fees and expiration dates and compliance with gift card laws and regulations. The industrywide reform efforts that were promoted as a result substantially benefited the client by removing unfair competition.</li>
<li>In an action involving admitted violations of the Children&#8217;s Online Privacy Protection Rule brought by the FTC against a client – an owner and operator of websites popular with children – negotiated a substantially reduced fine and penalties for the client. Demonstrated that the violations were inadvertent and did not cause actual harm to minors using the websites.</li>
<li>Established processes and procedures for hundreds of web-based business operations – including a 20 million-plus-member social networking community and a pioneering crowdsourcing solutions website – to obtain protection from liability under the Digital Millennium Copyright Act and the Communications Decency Act, and to avoid liability under federal antispam laws and state antispam laws, including California&#8217;s antispam law.</li>
<li>Assisted with numerous social media promotions in compliance with applicable law and industry regulations, including sweepstakes law, gift card law and FTC product endorsement regulations.</li>
</ul>
<h5><strong>Transactional Experience</strong></h5>
<ul>
<li>Member of team that represented a provider of research, analytics and business intelligence to the financial services sector in its acquisition of a rival firm.</li>
<li>As intellectual property, privacy and digital media counsel in mergers, stock purchases and asset acquisitions, advised an advertising agency in connection with the purchase of a business based on generating positive comments from social media.</li>
<li>Has advised a cable television network in connection with the purchase of a website based on blogs in the home design industry, as well as a sporting association in connection with the purchase of a media company, including print and online rights.</li>
<li>On behalf of a major licensing agency, conducted a global review of all licensing, agency, representation and syndication agreements. All agreements were updated to reflect developments in the law and to conform to licensing industry best practices.</li>
<li>Counseled a trademark owner in developing a domestic and global licensing program that initially generated a little more than $100,000 in retail sales and now generates more than $1 billion in retail sales globally. Assisted with the registration and protection of the international trademark portfolio, developed the standard licensing and agency forms, participated in major contract negotiations, and assisted with the development of product approval procedures.</li>
</ul>


Gerald J. Ferguson

Gerald J. Ferguson

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