Brand Activation Legal Committee: October 2018

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For October’s meeting, Frankfurt Kurnit Klein & Selz PC’s presentation will include: (i) a federal regulatory update; (ii) a discussion of recent state and federal false advertising cases; (ii) a state and federal statutory update; and (iv) a review of recent NAD, ERSP, and CARU cases.  Presenting will be Rayna Lopyan, Matthew Vittone, Dorian Slater Thomas, and Jordyn Eisenpress.

Jordyn Eisenpress, Law Clerk, joins Frankfurt Kurnit after having previously served as a summer associate – working primarily on advertising and litigation matters. She also has experience working with the National Advertising Division (NAD), where she spent time during law school reviewing claim substantiation, analyzing consumer perception evidence, and drafting opinions. Upon her graduation from Columbia Law School, Ms. Eisenpress was awarded the Carroll G. Harper prize for outstanding achievements in intellectual property law.

Rayna S. Lopyan, Associate, 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). 

 Dorian Slater Thomas, Associate, Advertising, Marketing & Public Relations Group, where he handles a wide range of transactional advertising work. Prior to joining Frankfurt Kurnit, Mr. Thomas was a litigation associate at Winston & Strawn LLP, where he focused on technology, digital media, and entertainment. While at Winston, Mr. Thomas advised numerous internet service providers on contract and intellectual property matters, including copyright infringement and misappropriation of trade secrets. He successfully represented Yahoo Inc. on a motion for summary judgment against a promotional company in a matter arising from an NCAA Basketball Championship perfect-bracket contest. Mr. Thomas also assisted in representing Amazon.com Inc. in a royalty rate proceeding before the United States Copyright Royalty Board.

Matthew R.D. Vittone, Associate in the Advertising, Marketing & Public Relations Group focusing on advertising, branded entertainment, interactive entertainment, data protection and privacy, intellectual property matters, music licensing and digital media. Mr. Vittone’s practice includes risk assessment and counseling; structuring and negotiating creative services agreements, commercial production agreements, celebrity talent agreements, media agreements and licensing deals; reviewing advertising claims and substantiation; representing companies in disputes before the National Advertising Division (NAD); advising on regulatory matters; and performing legal clearance of advertising.