Fernando A. Bohorquez, Jr.

Fernando Bohorquez handles business and commercial litigation, intellectual property disputes and white collar investigations. Fernando has represented various corporate and institutional clients, including media and telecommunications companies, health and beauty care industry corporations, pharmaceutical companies and other businesses. He also advises startup and digital media companies regarding intellectual property, social media and internet liability issues.

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

By Gerald J. Ferguson, Fernando A. Bohorquez, Jr. and Priyanka Surapaneni on May 31, 2023 Posted in Advertising

Digital advertising exists in a complex ecosystem that the average person engages with daily. It encompasses a broad set of technologies for managing advertisements across channels including search, display, video, mobile, and social, with functions for targeting, design, bid management, analytics, optimization, and automation. Digital advertising also incorporates many digital tools and systems that target … Continue Reading

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

By Fernando A. Bohorquez, Jr., Gerald J. Ferguson, Yadilsa Diaz and Priyanka Surapaneni on April 5, 2022 Posted in Cookies

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 Big Tech Phase-Out of the Third-Party Cookie and the Emerging Industry Landscape – First-Party Data … Continue Reading

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

By Gerald J. Ferguson, Fernando A. Bohorquez, Jr. and Yadilsa Diaz on January 12, 2022 Posted in Cookies, Data Privacy, GDPR, Privacy

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 eight-part series preparing you for the post-cookie world. In our first post, we provided a deep dive into cookies for a baseline understanding of the technology and why … Continue Reading

2016 Mobile Data Privacy and Security Update and 2015 Review

By Fernando A. Bohorquez, Jr. and Jenna N. Felz on April 4, 2016 Posted in Mobile Privacy

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 time is spent on mobile media than on desktop and other media, 2.8 … Continue Reading

FTC Clarifies Native and Online Ad Obligations

By Alan L. Friel and Fernando A. Bohorquez, Jr. on June 17, 2015 Posted in Marketing, Retail Industry, Social Media

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 promotional and that the speaker has a material connection to the brand mentioned in the content. Further, the FTC has announced … Continue Reading

2014 Mobile Privacy and Security Trends and What to Look for in 2015

By Fernando A. Bohorquez, Jr. and Jenna N. Felz on January 23, 2015 Posted in Mobile Privacy

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 trend will continue as users spend more time on mobile apps than on the Web. Mobile … Continue Reading

#Ubergate Makes Plain That Privacy Cannot Be a Passing Thought for Start-Ups

By Fernando A. Bohorquez, Jr. and Jenna N. Felz on November 26, 2014 Posted in Information Security, Online Privacy

The long-brewing behind-the-scenes tensions of privacy, big data, and mobile finally came to a head last week in the public relations disaster known as #Ubergate. Uber’s meteoric rise to the pinnacle of the rideshare start-up economy has been fueled in part by its collection and usage of sensitive consumer geolocation information. An Uber executive’s recent … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part V

By Fernando A. Bohorquez, Jr. and Alan M. Pate on September 29, 2014 Posted in Behavioral Advertising

In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice. After canvassing the many faces of native advertising and the applicable law, the series ultimately examines the pervasive assumption … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part IV

By Fernando A. Bohorquez, Jr. and Alan M. Pate on September 22, 2014 Posted in Behavioral Advertising

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part III

By Fernando A. Bohorquez, Jr. and Alan M. Pate on September 17, 2014 Posted in Behavioral Advertising

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part II

By Fernando A. Bohorquez, Jr. and Alan M. Pate on September 13, 2014 Posted in Behavioral Advertising

Editor’s Note: This blog post was originally published on September 8, 2014, courtesy of iMedia Connection’s Blog. It is repurposed with permission. In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part I

By Fernando A. Bohorquez, Jr. and Alan M. Pate on September 9, 2014 Posted in Behavioral Advertising

Editor’s Note: This blog post was originally published on September 2, 2014, courtesy of iMedia Connection’s Blog. It is repurposed with permission. In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the … Continue Reading

iBeacons Usher in New Era of Mobile Advertising in 2014, Raise Old Privacy Concerns

By Fernando A. Bohorquez, Jr. and Alan M. Pate on February 10, 2014 Posted in Behavioral Advertising, Marketing, Mobile Privacy, Online Privacy

Editor’s Note: This blog post was originally published on February 6, 2014 courtesy of iMedia Connection’s Blog. It is repurposed with permission. Remember that scene from Minority Report? The one where John Anderton (Tom Cruise) takes a trip to GAP, virtual billboards call out his name and bombard him with offers as he walks through … Continue Reading

Legal concepts every social media marketer should know: Part IV – User Generated Content (Content Treasure Trove v. Legal Pandora’s Box)

By Fernando A. Bohorquez, Jr. on October 1, 2013 Posted in Marketing, Online Privacy, Social Media

Editor’s Note: This blog post was originally published on September 30, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate The most valuable resource in a marketing campaign can often be the very audience you are trying to reach. “User generated content,” or UGC, be … Continue Reading

Legal concepts every social media marketer should know: Part II — Rules of the road for online advertising

By Fernando A. Bohorquez, Jr. on August 27, 2013 Posted in Children’s Privacy, Marketing, Online Privacy

Editor’s Note: This blog post was originally published on August 26, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate. As long as we have sold stuff, we’ve used images or stories to help sell them. As Calvin Coolidge of all people once said in … Continue Reading

Legal concepts every social media marketer should know: Part I — Consumer privacy

By Fernando A. Bohorquez, Jr. on August 15, 2013 Posted in Children’s Privacy, Marketing, Mobile Privacy, Online Privacy, Social Media

Editor’s Note: This blog post was originally published on August 12, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate. There are three things a social media website operator or digital marketer probably hates to hear most before launching an online ad campaign: 1. Can you make … Continue Reading