Rayna S. Lopyan
Frankfurt Kurnit Klein & Selz PC
Rayna S. Lopyan is counsel to 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). Ms. Lopyan also advises companies on privacy and data security issues. She regularly drafts privacy policies, terms of use, and data license agreements, and advises brands, agencies, and other clients on privacy inquiries related to marketing emails, children's privacy, vendor auditing, compliance with privacy standards governing data collection and use, and cross-border transfers of data. She also assists clients facing data security breaches and, most recently, represented a major US airline in a data security incident involving the theft of sensitive human resources information. 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 on the UJA Federation Young Lawyers Leadership Committee and Setting the Bar Speaker Series. She is also a member of the Fashion Law Committee and Consumer Affairs Committee both of the New York City Bar Association. 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 and IP contracts for the Fordham Law School IP Transactions seminar. Ms. Lopyan is a graduate of Columbia University School of Law (JD, 2010), where she was a Harlan Fiske Stone Scholar and a member of the Columbia Business Law Review, and University of Pennsylvania (BA, summa cum laude, 2007). During law school, Ms. Lopyan served as a judicial intern for the Hon. Richard J. Sullivan of the Southern District of New York. She is admitted to practice in New York and New Jersey.
(06/20)
