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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FTC Clarifies Native and Online Ad Obligations

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

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

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

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

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 III

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 II

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

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

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)

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 III — Use of third-party images, graphics, and content

Editor’s Note: This blog post was originally published on September 11, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate. It’s often said that imitation is the sincerest form of flattery. But when it comes to running an online marketing campaign or social media site, … Continue Reading

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

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

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

Twitter v. Manhattan DA Fight Unfortunately Ends with a Whimper

This blog post is a joint submission with BakerHostetler’s Discovery Advocate blog. Last Friday, Twitter’s battle with the Manhattan District Attorney over a subpoena for an Occupy Wall Street protester’s tweets came to an anti-climactic end as the New York appeals court dismissed Twitter’s appeal of a Manhattan Criminal Court’s order to produce the tweets … Continue Reading

SEC Greenlights Use of Social Media for Publicly Disclosing Company Information

Co-authored by: Jonathan Nowakowski Recognizing the reality that many investors likely get more information from Facebook and Twitter than a corporate 10-K and that most public companies have a robust social media presence, the U.S. Securities and Exchange Commission (“SEC”) recently weighed in on the use of social media by public companies to disclose material … Continue Reading

The New FTC Dot Com Disclosures – the FTC Updates its Digital Advertising Guidelines for the Twitter and Facebook Age

In what seems like a lifetime ago –and in the fast moving world of the Internet maybe it is –  in May 2000 the Federal Trade Commission issued “Dot Com Disclosures: Information about Online Advertising” to provide guidelines on the applicability of the FTC’s rules to online activities. Back then, the top of mind issues … Continue Reading
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