Gerald J. Ferguson assists clients in developing, protecting and exploiting intellectual property, data and media assets. His diverse experience includes designing privacy and data protection programs, managing legal compliance programs for digital business operations, responding to data security breaches, and developing intellectual property portfolios.
His clients include digital media companies, luxury goods brands, financial institutions, email and text marketers, and data analytics companies. Jerry brings his clients the benefit of his multidisciplinary perspective as he assists them in solving problems, creating opportunities and achieving their objectives.
A founding partner of BakerHostetler’s Privacy and Data Protection team, Jerry is a regular contributor to BakerHostetler’s Data Privacy Monitor blog and has authored numerous published articles.
Jerry frequently speaks before client and industry groups, such as the Mortgage Bankers Association, Advisen, ExecuSummit, the National Association of College and University Attorneys, the Practising Law Institute, and the New York State Bar Association.
- Managed a breach response team when more than six million payment card records were potentially exposed. Directed company compliance with state notification laws, payment card industry rules, GLB and contractual obligations arising under thousands of contracts with banks, merchants and other processors. Was able to minimize the costs and avoid extensive reputational harm to the client company.
- 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). Directed compliance with state notification laws, HIPAA and HITECH, and reporting obligations arising under government contracts, and reported to the company’s directors and major stakeholders.
- 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.
- 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.
- 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.
- 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.
- New York State Bar Association: International Section
- International Section: Chair (March 2015 to March 2016)
- International Section: Chair-Elect (March 2014 to March 2015)
- J.D., University of Virginia School of Law, 1988
- B.A., University of Virginia, 1984
- U.S. Court of Appeals, Second Circuit, 1996
- U.S. District Court, Northern District of New York, 1995
- U.S. District Court, Western District of New York, 1994
- U.S. District Court, Eastern District of New York, 1990
- U.S. District Court, Southern District of New York, 1989
Rate : $$$$