Areas of Focus
“Clients want a dedicated attorney who genuinely cares about the success of their business, who understands that there are sometimes benefits to taking risks, and who can deliver practical advice with enthusiasm and humor.”
Paavana Kumar helps major advertisers, retailers, disruptive e-commerce companies and startups assess risk and comply with the shifting landscape of advertising and media law. Clients rely on her counsel as they work to promote innovative products, run high-exposure campaigns and streamline the online customer experience.
Paavana is particularly experienced at navigating cutting-edge social commerce issues. She frequently advises businesses looking to leverage influencer talent, engage creatively on social media, and reimagine (or launch) e-commerce and subscription programs. Her ability to quickly spot and assess issues and provide efficient, practical advice makes her an invaluable sounding board for C-Suite executives and general counsel facing high-stakes judgment calls ranging from social media opportunities to major business model changes. Paavana works with brands in almost every industry sector including fashion and cosmetics, food and beverage, entertainment streaming, and software.
As subscription programs become more popular, Paavana’s knowledge of the highly regulated automatic renewal and negative option laws in all 50 states, together with her deep understanding of the regulatory focus on “dark patterns,” sets her apart. Clients in this space look to her to draft transparent marketing disclosures and design effective, compliant user flows. She also advises on all types of consumer promotions, including sweepstakes, contests, loyalty rewards and gift cards, cause marketing and donation programs, text message and email marketing, and major entertainment and sports collaborations.
Whether she’s counseling on a discrete issue or working with global legal teams for international campaign clearance, Paavana delivers practical advice for clients at all stages of growth — from subscription box startups to major technology and retail companies. She is also closely following industry trends such as the rising use of generative AI. She is a recognized thought leader who frequently speaks and writes about e-commerce and influencer marketing for in-house counsel and industry stakeholders.
Advised a major American fashion retailer of accessories marketed to preteens in connection with all aspects of a new global branded metaverse experience hosted on Roblox. Provided innovative solutions to navigate various legal challenges, from IP and trademark clearance and privacy roadblocks to structuring interactive gamification experiences on the platform, including sweepstakes, promotions, crowdsourced giveaways, use of virtual influencers and loyalty rewards programs, and crafting digital disclosures appropriate to this emerging space.
Assisted a major rideshare app in connection with the roll-out of its new subscription program. Advised on all elements of the company’s agreements with various technology and finance partners and worked directly with the client team on implementing important changes to the online automatic renewal user sign-up flow.
Advise a major plant-based food and beverage company in connection with all online, OOH and social media advertising, including by negotiating high profile celebrity talent and influencer agreements for the company’s launch on TikTok, as well as associated endorsement and testimonials, SAG and music licensing advice.
Advising a world-renowned auction house on novel gift card and escheat issues in support of its upcoming sale and auction of NFTs redeemable for experiences and other rewards. This auction house is one of the first among blue chip auction houses to engage in this type of cutting edge promotion.
Assisted a major hardware and software consumer products category transition from a hardware to a software-as-a-service model, involving a total rehaul of all B2B and B2C user flows and terms and conditions and an audit of subscription practices.
Structured a new subscription and automatic renewal program for a nationwide cosmetics subscription box service that experienced a surge in sales during the pandemic. Advised on a program that facilitates donations to charities benefitting first responders and other frontline workers, helping the client comply with charitable solicitation laws and associated registration requirements, including sign-up processes and disclosures.
Provided comprehensive advice to a major drone and technology manufacturer with respect to its planned roll-out of a potential direct-to-consumer racing drone. Advised the client on its terms and conditions and sales policies, as well as the regulatory landscape applicable to its e-commerce business, GDPR and other international privacy concerns, the use of brand ambassadors, fundraising via social platforms, and packaging and labeling.
Helped a home security company transition from its door-to-door business model to an entirely online business model in response to the COVID-19 pandemic. This included creating e-commerce terms for its updated website, reviewing its online automatic renewal terms and sale disclosures, and advising on how the door-to-door and other home security laws impact its online businesses.
Insights + Events
- Alert Blurred Lines: FTC Report Finds Blurred Advertising Can Harm Kids
September 20, 2023
- Are Your Influencers Putting You at Risk? D+G Hosted Event | Welcome to the New Era of Influencer Marketing: Reaping the Rewards while Reducing Your Risk
September 13, 2023
- Publication SUBTA | Subscription Law Insights: FTC Accuses Amazon of Tricking Customers
August 22, 2023
- Press Mention AdExchanger | Regulators Have Their Eye on the Dark Art of Dark Patterns
August 21, 2023
- Publication Westlaw Today | Embracing AI’s Disruption of the Music Industry: Advantages, Challenges and the Future
August 10, 2023
- Buy Now: Avoiding the Pitfalls of Online Retailing Practising Law Institute | One-Hour Briefing | The FTC’s Proposed Updates to the Negative Option Rule: What Marketers Need to Know
July 26, 2023
- Podcast The Legal Side of Subscriptions with Davis+Gilbert Partner Paavana Kumar
July 19, 2023
- Alert The Deep Dive: FTC Updates Endorsement Guides for Modern Marketing and Advertising
July 11, 2023
- Press Mention The New York Sun | Feds Ready To Crack Down on Online ‘Influencers’ and Endorsements
July 7, 2023
- Alert 14 Years in the Making: FTC Unveils Updated FTC Endorsement Guides
June 29, 2023
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- Columbia Law School (J.D., 2013)
- Member, Columbia Journal of Law & the Arts
- Harlan Fiske Stone Scholar
- Princeton University (B.A., magna cum laude, 2010)
- New York Metro Super Lawyers® “Rising Stars” 2017-2022, Media and Advertising
- The Legal 500 United States® “Recommended Attorney” 2023, Advertising and Marketing: Transactional and Regulatory
- New York
Member, Davis+Gilbert Mentoring and Professional Development Committee
Member, New York State Bar Association
Member, New York City Bar Association