areas of expertise
Rayna S. Lopyan is counsel to the Advertising and Ad Tech Groups where she represents clients on advertising, branded entertainment, intellectual property, digital media and advertising technology matters. She is recognized by Best Lawyers in America for her Intellectual Property law expertise.
Ms. Lopyan counsels clients in the advertising and entertainment industries on all aspects of their businesses, and handles the full gamut of advertising industry agreements. Her clients include well-known advertisers, ad agencies, start-ups, ad tech vendors, social platforms, video game publishers, and media companies.
She regularly structures and negotiates sponsorship and event promotion agreements with music, sports, and entertainment properties, celebrity talent and influencer agreements, brand and celebrity licensing agreements, branded entertainment deals, content distribution agreements, releases and licenses, creative and media services agreements, and commercial production agreements. She also advises clients on native advertising, IP clearance, advertising copy, claims substantiation, network clearance, and regulatory compliance issues.
Ms. Lopyan also has specific expertise in digital media and advertising technology issues. She routinely helps brands, agencies, and publishers structure their media purchase/ad sales programs, and draft and negotiate media agreements, including those governed by standard IAB and custom media terms. Her deep familiarity with governing advertising and privacy laws and industry guidelines (from the ANA, 4As, FTC, IAB, MRC, DAA, and NAI) makes her an asset to clients wrestling with issues including transparency in digital media buying, brand safety, ad measurement and verification, programmatic media sales, privacy law compliance, and data strategy. She also helps brands and publishers execute new ad monetization programs on their own and third party platforms, including advising on the use of first party audience data in support of such programs. She is actively involved with leading industry organizations, including the Interactive Advertising Bureau (IAB) and the Network Advertising Initiative.
Ms. Lopyan is a frequent speaker and writer on advertising and media issues, including recent presentations on influencer marketing, media buying, and tracking technologies. She guest lectures at Rutgers Law School’s Fashion Law seminar and Fordham Law School’s IP Transactions seminar, and contributes to the Firm’s Advertising Law Updates blog. She 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 the “Digital Workplace Privacy” chapter for the PLI Privacy Law Answer Book, 2017 ed. Ms. Lopyan in a proud participant in the Glass Leadership Institute run by the Anti-Defamation League, where she continues her prior work in support of the organization. In the past, she contributed to a Supreme Court amicus brief challenging the Trump Administration’s executive travel ban, and has blogged about ADL’s Stop Hate for Profit campaign.
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 successfully defended numerous clients in the fashion industry in trademark matters, including Yves Saint Laurent, in its litigation with Christian Louboutin over YSL’s red-soled shoes, and Kate Spade, in defeating a trademark infringement challenge against its Kate Spade Saturday mark.
She is admitted to practice in New York and New Jersey.
awards & recognition
Best Lawyers in America “Ones to Watch” 2021 (Intellectual Property)
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
Digital Media Buying
Rayna Lopyan presents to a firm client on digital media buying for in-house counsel.
April 13 2021
INTA Leadership Meeting
Rayna Lopyan speaks on a panel about “Ethical Considerations for Advertising in the Wild West of Social Media” at the International Trademark Association's Leadership Conference.
May 7 2021
Past Speaking Engagements
The Rise of Influencers and What They Mean for Marketing (and Law)
Rayna Lopyan and Jordyn Eisenpress present “The Rise of Influencers and What They mean for Marketing (and Law)” during the Rocky Mountain Intellectual Property & Technology Institute’s 2020 virtual conference.
July 2 2020
Now I Know My SDKs: Legal Considerations for Use of Tracking Tech for Analytics & Advertising
Join Frankfurt Kurnit for a live webinar to explore privacy and advertising considerations around the use of Software Development Kits (SDKs) and related tracking technologies in your apps. Read more.
May 28 2020
Decoding Digital Media Deals
June 10 2019
YJP’s General Counsel Legal Forum
January 22 2019
Be the Change: Frankfurt Kurnit’s Third Annual Advertising Law Summit
Changes in advertising law are inevitable. The changes come from regulators and self-regulators. They come from privacy and data security czars. They come from the courts. And they come from technology providers and platforms. Read more.
June 7 2018
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? Read more.
June 8 2017
news & press
The Best Lawyers in America 2021
We are pleased to report that Best Lawyers — the oldest and one of the most respected peer reviewed lawyer recommendation services — continues to recommend Frankfurt Kurnit. Read more.
The Legal Battle Against the Trump “Travel Ban” Goes to the Supreme Court
We filed a friend-of-the-court brief in the United States Supreme Court on behalf of our client, the Anti-Defamation League, and other civil rights organizations, in support of Hawaii’s challenge to President Trump’s Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” John B. Harris led the Frankfurt Kurnit drafting team that included Caren Lerner Decter, Jeremy S. Goldman and Rayna S. Lopyan. View Article
A Big Phone Bill: Dish Network Telemarketing Violation Verdicts Total Approximately $341 Million
In a cautionary tale for marketers, two courts recently found satellite TV provider Dish Network ("Dish") liable for repeated and willful violations of federal and state telemarketing laws. Read more.
Super Bowl All-Nighter Leads to Award-Winning Travel Ban Brief
The Anti-Defamation League (ADL) awarded our law firm the Edward Brodsky Founders Award in recognition of our work for the ADL in the Trump “travel ban” cases. Bloomberg BNA and The New York Law Journal summarized our amicus brief arguments, covered our award, and explained how our brief came together.
ADL New York Honors Frankfurt Kurnit
The ADL New York region is presenting Frankfurt Kurnit with an award for our pro bono efforts in opposing the immigration ban. The award will be given at ADL’s annual meeting on Tuesday, June 20, 2017 at the Jewish Museum, 1109 5th Avenue.
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. View Article
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. Read more.
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." Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.