A founding partner of BakerHostetler’s privacy and data protection team, Jerry Ferguson has a multidisciplinary background that extends into several of the firm’s practice groups. As the New York office’s Digital Assets and Data Management Leader, he handles a wide array of matters that include privacy, incident response, intellectual property, digital assets, emerging technology (blockchain, NFTs, artificial intelligence, Web3), digital products, fintech, e-commerce and litigation.
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. The Wall Street Journal 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.