Rayna S. Lopyan is an associate in the Advertising, Marketing & Public Relations and Privacy & Data Security Groups. She focuses on advertising, branded entertainment, and intellectual property matters, and privacy and data security concerns.
Ms. Lopyan handles the full gamut of advertising industry agreements. She structures and negotiates creative services agreements, commercial production agreements, sponsorship and event promotion agreements, celebrity talent and on-camera agreements, content distribution agreements, media agreements, and content/music releases and licenses. She also regularly advises clients on IP clearance, advertising copy, claims substantiation, network clearance, and regulatory compliance issues, and helps clients clear and use trademarks in advertising. Finally, Ms. Lopyan has also assisted in defending clients in advertising disputes brought by competitors before the National Advertising Division (NAD).
Prior to joining Frankfurt Kurnit, Ms. Lopyan was a litigation associate at Debevoise & Plimpton LLP, where she focused on intellectual property, data privacy, and employment matters. While at Debevoise, Ms. Lopyan worked with numerous clients in the fashion industry. Past representations include Yves Saint Laurent, in defeating a motion for a preliminary injunction by Christian Louboutin over YSL’s red-soled shoes, and subsequently obtaining dismissal of all claims by the Court of Appeals for the Second Circuit, and Kate Spade, in successfully defeating a trademark infringement challenge against its Kate Spade Saturday mark. Ms. Lopyan was also an active member of the firm’s Privacy and Data Security practice and represented a major US retail chain in connection with a cyber-attack which resulted in the theft of millions of credit card numbers.
Ms. Lopyan is active in the International Trademark Association, where she currently serves on the Young Practitioners Committee. She is also a member of the Intellectual Property section of the New York State Bar Association and Federal Bar Council. Ms. Lopyan assisted in drafting the “Litigation Strategies in Fashion Law” chapter for the book Fashion Law: A Guide for Designers, Fashion Executives, and Attorneys, 2d ed. and another chapter on “Digital Workplace Privacy” for the PLI Privacy Law Answer Book, 2017 ed. She has guest-lectured on advertising law for the Rutgers Law School Fashion Law Seminar.
She is admitted to practice in New York and New Jersey.
Columbia Law School (JD, 2010)
- Harlan Fiske Stone Scholar
- Member of Columbia Business Law Review
- Judicial intern for the Hon. Richard J. Sullivan of the Southern District of New York.
University of Pennsylvania (BA, summa cum laude, 2007)
Upcoming Speaking Engagements
Working Within the Shades of Gray: Frankfurt Kurnit’s Second Annual Advertising Law Summit
Legal questions confronting in house marketing lawyers rarely elicit simple "yes" or "no" answers. (If only they did!) More often than not — to the consternation of clients working on tight deadlines — the answer is "maybe" or "it depends" or "there's a risk." How do you help your marketing clients evaluate the risks and weigh them against potential rewards?
June 8 2017
Past Speaking Engagements
news & press
Federal Appeals Court Affirms Injunction Against President Trump’s “Travel Ban”
CNN posted the Fourth Circuit Court of Appeals decision in International Refugee Assistance Project v. Trump, upholding the district court’s nationwide preliminary injunction order against President Trump’s Executive Order 13780. Frankfurt Kurnit drafted an amicus curiae brief on behalf of the Anti-Defamation League, Jewish Council for Public Affairs, Union for Reform Judaism, Central Conference of American Rabbis, and Women of Reform Judaism.
It’s Blowing Up: Lessons from Two Recent Social Media Promotions
Last week, the apparel company Sunny Co Clothing launched an Instagram promotion promising to give away the red swimsuit below for free (except for shipping and handling costs) to each person who reposted the photo and tagged the company. Unfortunately, the company failed to cap the number of participants or make clear this was a "limited supply" offer, instead promising the free suit to "EVERYONE" who complied with the giveaway terms.
State of Washington v. Donald J. Trump, No. 17-35105 (9th Cir.)
We filed a friend-of-the-court brief on behalf of our client, the Anti-Defamation League, in support of Washington and Minnesota’s challenge to President Trump’s Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” You can read our brief here.
FTC Will Examine Effectiveness of Consumer Disclosures
FTC Settles First Native Advertising Case Against Fashion Retailer
Transferring Personal Data Overseas: EU - US Privacy Shield Will Create New Obligations
On February 2, 2016, EU and US authorities reached an agreement in principle on a new framework for transatlantic data transfers, dubbed the "Privacy Shield."
FTC Brings Action Against Glue Manufacturer Over “Made in USA” Claims
When can a marketer claim that its products are "Made in the USA" if the products contain foreign materials? A recent FTC action provides guidance. Here's what happened.
App Developers Pay $360,000 to Settle COPPA Charges
Two app developers recently paid a total of $360,000 to settle charges by the Federal Trade Commission ("FTC") that they violated the Children's Online Privacy Protection Act ("COPPA") Rule. The cases make clear that children's privacy online remains an FTC focus. Here's what happened.
LabMD Decision Clarifies Corporate Liability for Data Security Breaches
A recent decision in a long-running data security case is a must-read for corporate executives charged with ensuring the security of personal information.
NAD Scotts Decision: Marketers - Not Customers - Are Responsible for Online Review Compliance
Encouraging customers to write product reviews is a common and effective marketing tactic. But the disclosure requirements are significant. And a mistake can rankle competitors and lead to scrutiny by regulators or self-regulatory bodies such as NAD. That's what recently happened to The Scotts Company ("Scotts") when United Industries Corporation ("United Industries"), the maker of the Spectracide line of household insect and weed control products, challenged a sweepstakes promotion for the company's competing Ortho Home Defense, Ortho Bug-B-Gon, and Ortho Weed-B-Gon products. Here's what happened.
Federal Government Announces New HIPAA Privacy Audits for Companies That Handle Healthcare Data
Here's some news for companies that have to comply with the privacy provisions of the Health Insurance Portability and Accountability Act ("HIPAA"). The U.S. Department of Health and Human Services ("HHS") has announced plans to begin auditing compliance in early 2016.
European Court of Justice Declared EU-U.S. Safe Harbor Invalid - What This Means for Your Company
In a recent landmark decision, the Court of Justice of the European Union (the "CJEU") declared the EU-U.S. safe harbor invalid. The ruling comes out of the Schrems v. Facebook case, which has become one of the most widely followed and significant global data privacy cases to date.
FTC Challenges Consumer Gag Clauses as Unfair Practices.
In two recent matters, the Federal Trade Commission ("FTC") challenged so-called gag clauses or non-disparagement provisions incorporated in contracts between marketers and consumers, alleging that prohibiting consumers from publishing negative reviews about the marketer is an unfair practice in violation of Section 5 of the FTC Act.
Risk Management: New Patent Insurance Will Help Marketers Fight Claims from “Trolls”
In August 2015, the Association of National Advertisers (ANA) announced a groundbreaking program to provide patent insurance to its members.
Federal Appeals Court Confirms FTC Can Bring “Unfairness” Claims in Data Security Breach Cases
The Third Circuit Court of Appeals affirmed this week that the Federal Trade Commission ("FTC") has the authority to declare companies' data security practices "unfair" under Section 5 of the FTC Act.
FTC Recommends 10 Steps to Help Ensure Data Security
While there is no generally applicable federal law in the United States requiring all businesses to take particular steps to secure their sensitive data, the Federal Trade Commission has investigated and penalized numerous companies for failing to implement "reasonable" data security standards.
When are Manufacturers Liable for Claims Made by Their Retailers?
The Federal Trade Commission ("FTC") recently closed an investigation into whether Quickie Manufacturing Corporation ("Quickie"), a maker of cleaning products, engaged in unfair or deceptive acts or practices when third-party retailers marketing Quickie products made unqualified and unsupported "Made in USA" claims.