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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A Darker Shade of Red Flags: Second Circuit Raises the DMCA Bar for Proving Internet Service Providers’ Knowledge of Copyright Infringement

Photo of Tatiana MarkelPhoto of Fernando A. Bohorquez, Jr.By Tatiana Markel and Fernando A. Bohorquez, Jr. on Posted in Copyright Infringement
In a significant across-the-board victory for internet service providers hosting user-generated content (UGC), on June 16, 2016, the Second Circuit Court of Appeals issued its much anticipated decision in Capitol Records, LLC v. Vimeo, LLC.  The ruling reaffirmed and clarified the Digital Millennium Copyright Act (“DMCA”) safe harbor for hosting potentially infringing UGC when they … Continue Reading

FTC Issues Native Ad Guidance

Photo of Fernando A. Bohorquez, Jr.By Alan L. Friel, Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Uncategorized
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 principles, we have recommended how to avoid deception claims by the FTC or the NAD by providing clear and conspicuous disclosure that advertisements … Continue Reading

FTC Issues Native Ad Guidance

Photo of Fernando A. Bohorquez, Jr.By Alan M. Pate, Fernando A. Bohorquez, Jr. and Alan L. Friel on Posted in Advertising, Native Advertising
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 principles, we have recommended how to avoid deception claims by the FTC or the NAD by providing clear and conspicuous disclosure that advertisements … 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

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Uncategorized
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

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Uncategorized
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

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Uncategorized
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

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Uncategorized
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

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Uncategorized
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 … Continue Reading

Potential Bad News for UGC Music Sites: Pre-1972 Tracks May Not Be Covered By the DMCA’s Safe Harbor

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. on Posted in Uncategorized
Co-authored by:  Julian Darwall When you think of “Peggy Sue” by Buddy Holly, “Johnny B. Goode” by Chuck Berry, and “My Girl” by the Temptations, you think classic, iconic, rock and roll. Now, in light of the most recent legal setback against music sharing website Grooveshark, these songs may also represent a potentially significant limitation … Continue Reading
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