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Paavana L. Kumar is an associate in the Advertising, Marketing & Promotions; Entertainment, Media & Sports; Intellectual Property; and Digital Media, Technology & Privacy Practice Groups of Davis & Gilbert. Ms. Kumar represents advertising and content marketing agencies, advertisers, media and start-up technology companies, publishers, influencer networks and individual artists across multiple industries in connection with all aspects of advertising, marketing and entertainment. Ms. Kumar has extensive experience in the area of native advertising, branded content, and endorsements and testimonials, including in the context of custom content deals, complex media buys and influencer network campaigns. Ms. Kumar frequently advises clients on interpreting the most recent FTC and other regulatory guidance as applied to social media and influencer marketing.

Ms. Kumar’s practice also focuses heavily on reviewing advertising concepts and copy, including child-directed advertising, in connection with a variety of campaigns and executions, from traditional print, online and television campaigns, to complex experiential promotions. Additionally, she counsels clients in connection with copyright, false association, rights of publicity and trademark matters; technology, data privacy and security breach issues; automatic renewal, negative option and related sales models; social media marketing; and complex related consumer protection matters. Ms. Kumar has significant experience in evaluating substantiation materials to determine whether advertising claims are sufficiently supported. Further, Ms. Kumar advises agencies and advertisers on all aspects of contests, sweepstakes, promotions and giveaways, including promotions involving telemarketing, e-mail marketing, charitable solicitations and experiential elements. She also regularly works on global advertising campaigns structured around major sporting and entertainment events, including the Olympics, and coordinates global legal clearance and negotiates athlete, celebrity and sports league sponsorship contracts in connection with such events. Ms. Kumar is experienced in drafting and negotiating agreements relevant to every stage of the activation of a branded campaign, from transactional, agency-client, talent and vendor agreements, to union and non-union releases, as well as intellectual property, music, software and technology licenses, website terms and conditions and privacy policies.

In recognition of her achievements, Ms. Kumar was selected as a Rising Star by New York Metro Super Lawyers (2017-2020).

Ms. Kumar has an extensive background in arts, languages and music, and while in law school, served on the Columbia Journal of Law & the Arts and interned with Volunteer Lawyers for the Arts. She also coached the Columbia Vis International Arbitration Moot Court Team, competing in The Hague and Vienna. In 2012, she was presented with a speaking award for her oral arguments in Vienna.

SPEAKING ENGAGEMENTS

"From Retail to E-Tail: Key Legal Issues for Retailers in a Digital World," Davis & Gilbert Counsel 2U®: Marketing & Advertising Seminar, June 10, 2020

"The Latest on Negative Option Marketing: Subscription Billing, Automatic Renewal and Free Trial Programs," 41th Annual Brand Activation Association Marketing Law Conference, November 4-6, 2019

"How to Avoid the Pitfalls and Enjoy the Success of Influencer Marketing," Davis & Gilbert Counsel 2U®: Marketing & Advertising Seminar, April 11, 2019

Laura Davidson Public Relations Second Annual Social Media Summit, June 13, 2018

"Fashion Panel: Profile of the New Consumer," TrendSeeder Innovation Series, May 15, 2018

"Negotiating Influencer and Brand Ambassador Agreements," Association of National Advertisers' Brand Activation Law Members Only Conference, December 11, 2017

"Keeping up with the FTC: Social Media Influencers and Developing Ad Law," Fordham Law School’s Media and Entertainment Law Society Symposium, February 23, 2017

PUBLICATIONS

Co-Author, “#Goals: Using Social Media Without Getting Sued,” Trends in Marketing Communications Law (7th Edition), 2020

Co-Author, “Mixed Reality: Navigating Influencer and Native Advertising in a Virtual World,” Trends in Marketing Communications Law (7th Edition), 2020

Co-Author, “E-Tailers Beware: Regulators Are Drilling Down on Negative Option Marketing,” Trends in Marketing Communications Law (7th Edition), 2020

Co-Author, “Record COPPA Settlements Indicate Stronger Privacy Protections for Children,” Trends in Marketing Communications Law (7th Edition), 2020

Co-Author, "FTC Action Regarding Violations of the Restore Online Shoppers’ Confidence Act and Deceptive Commercial Practices Results in $10 Million Dollar Settlement," D&G Advertising, Marketing & Promotions Alert, October 2020

Co-Author, “Building Guard Rails for Employees Without Infringing on Legal Rights,” Crisis Insider, August 2020

Co-Author, "FTC Takes Action Against Marketer for Violating the Mail Order Rule and Engaging in Deceptive Commercial Practices," D&G Advertising, Marketing & Promotions Alert, August 2020

Co-Author, “A Guide to Avoiding Pitfalls and Reaping Benefits of Influencers during COVID-19,” PR News, June 2, 2020

Co-Author, "The Warnings Were Real: FTC Fines Teami, and Sends Letters to Influencers about Inadequate Disclosures," D&G Advertising, Marketing & Promotions Alert, April 2020

Co-Author, "SEC Settles with Steven Seagal for Failure to Disclose Payments for Promoting Cryptocurrency," D&G Advertising, Marketing & Promotions Alert, April 2020

Co-Author, "Key Considerations for Retailers in the Face of COVID-19," D&G Advertising, Marketing & Promotions Alert, April 2020

Co-Author, "Avoiding the Pitfalls While Reaping the Benefits of Sweepstakes and Contests during COVID-19," D&G Advertising, Marketing & Promotions Alert, April 2020

Co-Author, "Commercial Production Changes in Light of COVID-19," D&G Entertainment, Media & Sports Alert, April 2020

Co-Author, "COVID-19: A Guide to Analyzing Risks for Marketers and Agencies," D&G Advertising, Marketing & Promotions Alert, March 2020

Co-Author, "Is the Influencer Landscape Going to Change? FTC Seeks Public Comments on Its Endorsement Guides," D&G Advertising, Marketing & Promotions Alert, February 2020

Co-Author, "The FTC is Drilling Down on Negative Option Marketing Practices," D&G Advertising, Marketing & Promotions Alert, November 2019

Co-Author, "FTC Releases New Resources for Influencers," D&G Advertising, Marketing & Promotions Alert, November 2019

Co-Author, "FTC Brings Actions Against the Sale of ‘Fake Indicators of Social Media Influence’ and ‘Fake Reviews’," D&G Advertising, Marketing & Promotions Alert, November 2019

Co-Author, "Telemarketing Lawsuits Fueled by Regulatory Uncertainty," Trends in Marketing Communications Law (6th Edition), 2019

Co-Author, "A Must ‘Follow’: Stricter Groundwork for Influencer Marketing," Trends in Marketing Communications Law (6th Edition), 2019

Co-Author, "The Role of Artificial Intelligence," Trends in Marketing Communications Law (6th Edition), 2019

Co-Author, "FTC Settlement Over Charges of Misleading Consumer Reviews and Deceptive Negative Option Marketing Practices," D&G Advertising, Marketing & Promotions Alert, May 2019

Co-Author, "Mastercard Announces New Free Trial Rules for Merchants," D&G Advertising, Marketing & Promotions Alert, February 2019

Co-Author, "Celebrity Endorsers of Initial Coin Offerings Settle with Securities and Exchange Commission," D&G Advertising, Marketing & Promotions Alert, December 2018

Co-Author, "FTC Brings Action Against PR Agency and Publisher For Misleading Online Endorsements and Deceptively Formatted Advertising," D&G Advertising, Marketing & Promotions Alert, November 2018

Co-Author, "Nine Best Practices for Influencer Marketing Agreements," Convince & Convert, October 2018

Contributor, "Best Practices for Influencer Marketing Agreements," PRWeek, August 31, 2018

Co-Author, "Native Advertising: Here to Stay, and So Are Regulators," Trends in Marketing Communications Law (5th Edition), 2018

Co-Author, "Notice Period Is Over: Regulators Heighten Focus on Individual Influencers," Trends in Marketing Communications Law (5th Edition), 2018  

Co-Author, "FTC Charges Online Negative Option Marketing Scheme with Deceiving Shoppers," D&G Advertising, Marketing & Promotions Alert, October 2017

Co-Author, "The Warnings Were Real: Regulators Bring First Action Against Influencers," Campaign US, September 27, 2017

Co-Author, "FTC Brings First Ever Enforcement Action Against Individual Social Media Influencers; Updates Warnings and Guidance for Influencers and Marketers," D&G Advertising, Marketing & Promotions Alert, September 2017

Co-Author, "The Blessing and Curse of Proximity Marketing," MarketingDIVE, August 31, 2017

Co-Author, "Trampoline Sellers Settle FTC Charges Over Alleged Fake Logos, Websites and Reviews," D&G Advertising, Marketing & Promotions Alert, June 2017

Co-Author, "FTC Tells Influencers to Disclose Connections on Social Media," D&G Digital Media, Technology & Privacy Alert, April 2017

Co-Author, "Native Advertising Faces Growing Regulatory," Trends in Marketing Communications Law (4th Edition), 2017 

Co-Author, "Influencer Campaigns See Increased Scrutiny," Trends in Marketing Communications Law (4th Edition), 2017  

Contributor, "Beware of Lawsuits Arising From Deceptive Rewards Programs," PRWeek, February 10, 2017

Co-Author, "Staples Settles Consumer Class Action Over Deceptive Rewards Program Practices," D&G Advertising, Marketing & Promotions Alert, January 2017

PRESS

Mentioned, Forbes, "Transparency is the New Normal: Top Takeaways from the 2018 Innovation Series," May 25, 2018

Mentioned, Coresight Research, "Top Takeaways from the 2018 Innovation Series: The Profile of the New Consumer," May 18, 2018

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York State Bar Association
New York City Bar Association

BAR ADMISSIONS

New York

EDUCATION

Columbia University School of Law, J.D., Harlan Fiske Stone Scholar, 2013
Princeton University, B.A., magna cum laude, 2010


SPEAKING ENGAGEMENTS

"From Retail to E-Tail: Key Legal Issues for Retailers in a Digital World," Davis & Gilbert Counsel 2U®: Marketing & Advertising Seminar, June 10, 2020

"The Latest on Negative Option Marketing: Subscription Billing, Automatic Renewal and Free Trial Programs," 41th Annual Brand Activation Association Marketing Law Conference, November 4-6, 2019

"How to Avoid the Pitfalls and Enjoy the Success of Influencer Marketing," Davis & Gilbert Counsel 2U®: Marketing & Advertising Seminar, April 11, 2019

Laura Davidson Public Relations Second Annual Social Media Summit, June 13, 2018

"Fashion Panel: Profile of the New Consumer," TrendSeeder Innovation Series, May 15, 2018

"Negotiating Influencer and Brand Ambassador Agreements," Association of National Advertisers' Brand Activation Law Members Only Conference, December 11, 2017

"Keeping up with the FTC: Social Media Influencers and Developing Ad Law," Fordham Law School’s Media and Entertainment Law Society Symposium, February 23, 2017

PUBLICATIONS

Co-Author, “#Goals: Using Social Media Without Getting Sued,” Trends in Marketing Communications Law (7th Edition), 2020

Co-Author, “Mixed Reality: Navigating Influencer and Native Advertising in a Virtual World,” Trends in Marketing Communications Law (7th Edition), 2020

Co-Author, “E-Tailers Beware: Regulators Are Drilling Down on Negative Option Marketing,” Trends in Marketing Communications Law (7th Edition), 2020

Co-Author, “Record COPPA Settlements Indicate Stronger Privacy Protections for Children,” Trends in Marketing Communications Law (7th Edition), 2020

Co-Author, "FTC Action Regarding Violations of the Restore Online Shoppers’ Confidence Act and Deceptive Commercial Practices Results in $10 Million Dollar Settlement," D&G Advertising, Marketing & Promotions Alert, October 2020

Co-Author, “Building Guard Rails for Employees Without Infringing on Legal Rights,” Crisis Insider, August 2020

Co-Author, "FTC Takes Action Against Marketer for Violating the Mail Order Rule and Engaging in Deceptive Commercial Practices," D&G Advertising, Marketing & Promotions Alert, August 2020

Co-Author, “A Guide to Avoiding Pitfalls and Reaping Benefits of Influencers during COVID-19,” PR News, June 2, 2020

Co-Author, "The Warnings Were Real: FTC Fines Teami, and Sends Letters to Influencers about Inadequate Disclosures," D&G Advertising, Marketing & Promotions Alert, April 2020

Co-Author, "SEC Settles with Steven Seagal for Failure to Disclose Payments for Promoting Cryptocurrency," D&G Advertising, Marketing & Promotions Alert, April 2020

Co-Author, "Key Considerations for Retailers in the Face of COVID-19," D&G Advertising, Marketing & Promotions Alert, April 2020

Co-Author, "Avoiding the Pitfalls While Reaping the Benefits of Sweepstakes and Contests during COVID-19," D&G Advertising, Marketing & Promotions Alert, April 2020

Co-Author, "Commercial Production Changes in Light of COVID-19," D&G Entertainment, Media & Sports Alert, April 2020

Co-Author, "COVID-19: A Guide to Analyzing Risks for Marketers and Agencies," D&G Advertising, Marketing & Promotions Alert, March 2020

Co-Author, "Is the Influencer Landscape Going to Change? FTC Seeks Public Comments on Its Endorsement Guides," D&G Advertising, Marketing & Promotions Alert, February 2020

Co-Author, "The FTC is Drilling Down on Negative Option Marketing Practices," D&G Advertising, Marketing & Promotions Alert, November 2019

Co-Author, "FTC Releases New Resources for Influencers," D&G Advertising, Marketing & Promotions Alert, November 2019

Co-Author, "FTC Brings Actions Against the Sale of ‘Fake Indicators of Social Media Influence’ and ‘Fake Reviews’," D&G Advertising, Marketing & Promotions Alert, November 2019

Co-Author, "Telemarketing Lawsuits Fueled by Regulatory Uncertainty," Trends in Marketing Communications Law (6th Edition), 2019

Co-Author, "A Must ‘Follow’: Stricter Groundwork for Influencer Marketing," Trends in Marketing Communications Law (6th Edition), 2019

Co-Author, "The Role of Artificial Intelligence," Trends in Marketing Communications Law (6th Edition), 2019

Co-Author, "FTC Settlement Over Charges of Misleading Consumer Reviews and Deceptive Negative Option Marketing Practices," D&G Advertising, Marketing & Promotions Alert, May 2019

Co-Author, "Mastercard Announces New Free Trial Rules for Merchants," D&G Advertising, Marketing & Promotions Alert, February 2019

Co-Author, "Celebrity Endorsers of Initial Coin Offerings Settle with Securities and Exchange Commission," D&G Advertising, Marketing & Promotions Alert, December 2018

Co-Author, "FTC Brings Action Against PR Agency and Publisher For Misleading Online Endorsements and Deceptively Formatted Advertising," D&G Advertising, Marketing & Promotions Alert, November 2018

Co-Author, "Nine Best Practices for Influencer Marketing Agreements," Convince & Convert, October 2018

Contributor, "Best Practices for Influencer Marketing Agreements," PRWeek, August 31, 2018

Co-Author, "Native Advertising: Here to Stay, and So Are Regulators," Trends in Marketing Communications Law (5th Edition), 2018

Co-Author, "Notice Period Is Over: Regulators Heighten Focus on Individual Influencers," Trends in Marketing Communications Law (5th Edition), 2018  

Co-Author, "FTC Charges Online Negative Option Marketing Scheme with Deceiving Shoppers," D&G Advertising, Marketing & Promotions Alert, October 2017

Co-Author, "The Warnings Were Real: Regulators Bring First Action Against Influencers," Campaign US, September 27, 2017

Co-Author, "FTC Brings First Ever Enforcement Action Against Individual Social Media Influencers; Updates Warnings and Guidance for Influencers and Marketers," D&G Advertising, Marketing & Promotions Alert, September 2017

Co-Author, "The Blessing and Curse of Proximity Marketing," MarketingDIVE, August 31, 2017

Co-Author, "Trampoline Sellers Settle FTC Charges Over Alleged Fake Logos, Websites and Reviews," D&G Advertising, Marketing & Promotions Alert, June 2017

Co-Author, "FTC Tells Influencers to Disclose Connections on Social Media," D&G Digital Media, Technology & Privacy Alert, April 2017

Co-Author, "Native Advertising Faces Growing Regulatory," Trends in Marketing Communications Law (4th Edition), 2017 

Co-Author, "Influencer Campaigns See Increased Scrutiny," Trends in Marketing Communications Law (4th Edition), 2017  

Contributor, "Beware of Lawsuits Arising From Deceptive Rewards Programs," PRWeek, February 10, 2017

Co-Author, "Staples Settles Consumer Class Action Over Deceptive Rewards Program Practices," D&G Advertising, Marketing & Promotions Alert, January 2017

PRESS

Mentioned, Forbes, "Transparency is the New Normal: Top Takeaways from the 2018 Innovation Series," May 25, 2018

Mentioned, Coresight Research, "Top Takeaways from the 2018 Innovation Series: The Profile of the New Consumer," May 18, 2018

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York State Bar Association
New York City Bar Association

BAR ADMISSIONS

New York

EDUCATION

Columbia University School of Law, J.D., Harlan Fiske Stone Scholar, 2013
Princeton University, B.A., magna cum laude, 2010