areas of expertise
Recognized in 2014 as the New York "Advertising Lawyer of the Year" by Best Lawyers in America (the first woman ever to receive this recognition), Candice Kersh has been a member of Frankfurt Kurnit Klein & Selz’s Advertising, Marketing & Public Relations practice group for over two decades.
Ms. Kersh is recognized as an industry leader in the advertising and media businesses. In 2016, she was recognized by Folio Magazine’s Top Women in Media - the only lawyer to receive this honor, and, in 2008, Ms. Kersh was the first lawyer ever named to the prestigious Advertising Age 'Women to Watch' list. Ms. Kersh has also received consistent recognition over the years by the most respected legal rating organizations. Chambers USA America’s Leading Lawyers for Business praises her "expertise in the digital and new media space." Ms. Kersh has been named a best lawyer in Advertising Law by Best Lawyers since 2010. The Legal 500 continues to recognize her as one of the nation’s leading lawyers in advertising, and Ms. Kersh has been repeatedly named a New York-area "Super Lawyer" by Super Lawyers magazine for Intellectual Property (2006), and for First Amendment & Media (2007-2015).
Ms. Kersh’s experience and creativity combine to make her one of the nation’s go-to attorneys for all issues of advertising and marketing law, including structuring branded entertainment deals, advising on emerging technology transactions and platforms, union issues, and helping major brands overcome legal hurdles to advance some of the world’s most celebrated and innovative advertising campaigns. She has a unique "appetite for the untried and undiscovered," and "a passion for helping sort through the issues and translating the solutions to other key stakeholders" according to Jeff Hicks, former President and CEO of Crispin Porter + Bogusky.
In the past, Ms. Kersh has acted as production counsel on independent feature films, and negotiated agreements for writers, directors, and performers. Her experience with both Hollywood and Madison Avenue makes her an invaluable advisor to advertisers and agencies in their negotiations with entertainment firms and individual talent.
In addition to her transactional and regulatory practice, Ms. Kersh also counsels advertising and entertainment executives and corporations on compensation packages and other employment matters.
A frequent speaker at industry seminars and conferences, she also conducts internal seminars for her clients’ advertising, marketing, and public relations personnel. Ms. Kersh is a member of The Fellows of the American Bar Foundation.
Ms. Kersh is admitted to practice law in both New York and Florida.
awards & recognition
2014 New York "Advertising Lawyer of the Year" by Best Lawyers in America
Chambers USA America’s Leading Lawyers for Business
The Legal 500
New York-area "Super Lawyer" for Intellectual Property (2006), First Amendment & Media (2007-2013), and Media and Advertising, Intellectual Property, Entertainment & Sports (2014).
Advertising Age "Women to Watch" list
Brown University, University of Miami
New York University School of Law (JD, cum laude, Order of the Coif)
Upcoming Speaking Engagements
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?
June 8 2017
Past Speaking Engagements
Creative and Social Media Risk Management
Candice Kersh presents on "Creative and Social Media Risk Management" for the Kansas City 4As.
April 25 2017
Understanding and Leveraging Intellectual Property
Candice Kersh presents a webinar for 4A's legal affairs members. Her presentation is about "Understanding and Leveraging Intellectual Property."
January 25 2017
Mirren CEO Summit
Candice Kersh speaks on advertising agency compensation at the Mirren CEO Summit in Chicago.
November 2 2016
Change is Good (But Only If You Know About It) - What’s Ahead for Advertising Lawyers in 2016
Advertising law is changing all the time. There are changes from regulators, self-regulators and unions. Changes from social platforms and review sites. Changes from privacy and data security czars. Changes from courts and bar committees. To clear your campaigns with confidence, you need to stay ahead of the changes.
June 8 2016
Candice Kersh presents at the 4A’s Transformation Conference in Miami
March 21 2016
SoDA: The Digital Society Social Media Presentation
Candice Kersh speaks on Social Media on a webinar for the Society of Digital Agencies.
April 1 2015
Candice Kersh at The Advantage Conference
Candice Kersh speaks on the latest trends in client agency compensation and pricing for profitability at The Advantage Conference in Las Vegas, Nevada.
October 19 2014
The 2014 Mirren Live Conference
Candice Kersh speaks on the Agency Compensation panel at The 2014 Mirren Live Conference.
May 13 2014
Managing Marketing Service Agreements and Relationships in the Digital World
Candice Kersh speaks on "Managing Marketing Service Agreements and Relationships in the Digital World" at the 2012 ANA Advertising Law & Public Policy Conference.
March 28 2012
Intellectual Property Law
Candice Kersh presents a lecture on Intellectual Property Law at Google's Legal Summer School in Mountainview, California
July 14 2011
2011 AAF National Conference
Candice Kersh speaks on the legal panel at the 2011 AAF National Conference in San Diego.
June 3 2011
Association of Corporate Counsel Association’s Compliance Seminar
Candice Kersh speaks at the Association of Corporate Counsel Association's Compliance Seminar on crowdsourcing at the Marriott Marquis in New York City.
May 19 2011
Mirren New Business Conference
Candice Kersh speaks on the Compensation Innovation Panel: Exploring New Fee Models at the Digital Sandbox Network Event Center in New York City.
April 11 2011
Transforming Agency/Client Terms and Agreements
Candice Kersh speaks on "Transforming Agency/Client Terms and Agreements" at the 4A's 2011 Transformation conference in Austin.
March 7 2011
Jeffrey Greenbaum Speaks at the Promotion Marketing Association Law Conference
November 19 2010
Candice Kersh speaks on Advertising Agency Compensation at the Mirren CEO Summit in Chicago
Candice Kersh speaks on advertising agency compensation at the Mirren CEO Summit in Chicago.
news & press
Thirty-nine Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2016
Super Lawyers listed thirty-nine Frankfurt Kurnit attorneys in its 2016 edition.
The Best Lawyers in America 2017
In its 2017 edition, Best Lawyers "Best Law Firms" ranked Frankfurt Kurnit nationally in "Tier 1" in Advertising, Copyright, Entertainment - Motion Pictures and Television, and Trademark Law, "Tier 2" in Litigation - Intellectual Property, Media Law, and Trusts & Estates Law, and "Tier 3" in Commercial Litigation and Regulatory Enforcement Litigation.
Frankfurt Kurnit in The Legal 500 2016
The Legal 500, a London-based directory of leading lawyers, listed Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) in Tier 1 and Intellectual Property work (Copyright) in its 2016 edition.
Frankfurt Kurnit in Chambers 2016
For the twelfth consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit. Chambers USA ranked us for our: Advertising: Transactional & Regulatory, Intellectual Property: Trade Mark & Copyright, Media & Entertainment: Entertainment Litigation, and Media & Entertainment: Film, Music, Television & Theater work.
Candice Kersh honored as a 2016 Top Women in Media by Folio Magazine
Thirty-seven Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2015
Super Lawyers listed thirty-eight Frankfurt Kurnit attorneys in its 2015 edition.
The Best Lawyers in America 2016
Best Lawyers recognized our firm and 18 of our attorneys in their 2016 list.
Frankfurt Kurnit in The Legal 500 2015
The Legal 500, a London-based directory of leading lawyers, recommended Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) and Intellectual Property work (Copyright) in its 2015 edition.
Frankfurt Kurnit in Chambers 2015
For the eleventh consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit.
Thirty-four Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2014
Super Lawyers listed thirty-five Frankfurt Kurnit attorneys in its 2014 edition.
Best Lawyers 2015
Best Lawyers recognized our firm and 17 of our attorneys in their 2015 list.
2014 Frankfurt Kurnit in The Legal 500
The Legal 500, a London-based directory of leading lawyers, recommended Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) and Intellectual Property work (Copyright) in its 2014 edition.
Frankfurt Kurnit in Chambers 2014
For the tenth consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit.
Ad-ID Deadline for SAG-AFTRA Commercials is April 1
As of April 1, 2014, all commercials produced under the SAG-AFTRA contract featuring SAG-AFTRA talent must incorporate the Ad-ID coding mechanism, developed by the American Association of Advertising Agencies and the Association of National Advertisers in 2003, for commercial tracking and calculating appropriate payments.
Candice Kersh Named Advertising Lawyer of the Year
Frankfurt Kurnit in “Best Lawyers 2014”
In its 2014 edition Best Lawyers ranked Frankfurt Kurnit in "Tier 1" in Advertising, Copyright, Entertainment, Trademark, and Trust & Estates Law, "Tier 2" in Litigation (IP) and Media Law, and "Tier 3" in Commercial Litigation and Regulatory Enforcement Litigation.
Thirty-two Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2013
Nine Frankfurt Kurnit Women Honored As “Super Lawyers”
Nine Frankfurt Kurnit women appeared in The New York Times Magazine’s women "Super Lawyers" list for 2012. The list appeared on December 30th in a special section devoted to women attorneys in the New York metropolitan area.
Frankfurt Kurnit Top Ranked in Best Lawyers and Best Law Firms for 2013
Best Lawyers ranked Frankfurt Kurnit one of the "Best Law Firms" of 2013.
New FCC Ruling on Text Messaging
The Federal Communications Commission ruled that sending a one-time text message to confirm a consumer's request that no further text messages be sent does not violate the Telephone Consumer Protection Act.
SAG and AFTRA Unions Merge
On March 30, 2012, the Screen Actors Guild and the American Federation of Television and Radio Artists announced that they merged into a single union. This new union, SAG-AFTRA, will now oversee the services of over 150,000 actors, recording artists, stunt performers and other media professionals.
Twenty-four Frankfurt Kurnit Attorneys Named 2012 NY-Area “Super Lawyers”
Super Lawyers listed twenty-four Frankfurt Kurnit attorneys in its 2012 edition.
Eleven Frankfurt Kurnit Lawyers Appear in New York Magazine’s List of the “Best”
New York Magazine named eleven Frankfurt Kurnit Klein & Selz attorney's to its 2012 "New York Area's Best Lawyers" list.
Distilled Spirits Council Issues New Social Media Marketing Guidelines
Last week, the Distilled Spirits Council of the United States issued new self-regulatory guidelines governing online marketing practices. The new guidelines, which are effective September 30th, apply to marketing on social media sites and other digital communications platforms, including websites, blogs, and mobile communications and applications.
Television Networks Agree to Stop Premium Text Message Sweepstakes
After four years of litigation, NBC Universal, Fox Broadcasting Company and several major production companies have agreed to settle a class action lawsuit involving premium text message promotions run during the popular competitive reality shows 'American Idol' and 'Deal or No Deal.'
Eighteen Frankfurt Kurnit Attorneys Named 2011 New York-Area “Super Lawyers”
Super Lawyers named eighteen Frankfurt Kurnit attorneys in its 2011 edition.
Frankfurt Kurnit in Chambers USA: America’s Leading Lawyers For Business 2011
For the seventh consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit.
Frankfurt Kurnit in Best Lawyers 2010
Best Lawyers ranked Frankfurt Kurnit in its 2010 edition.
Candice Kersh in Advertising Age’s “Women to Watch” List
The Ownership of Ideas; Panelists Discuss New Business and Compensation Models
Shoot magazine quoted Candice Kersh on "The Ownership Of Ideas - Panelists Discuss New Business And Compensation Models", a panel which she moderated.
Candice Kersh on the Brian Lehrer show
Brian Lehrer interviewed Candice Kersh was interviewed on on user-generated content and new development in advertising.
Software and Software Tools
Technology has brought about many changes to the advertising industry. However, the provisions of the typical advertising service agreement have not evolved to accommodate these changes. In particular, the ownership, intellectual property and indemnification provisions of many agreements between agencies and advertisers have not been adapted to accommodate the change in the services that the agencies provide.
Reducing Risks Posed by Financially Distressed Clients
If you're like most agency executives, you've probably had the disappointing experience of working with a client in financial difficulty. Today, it is possible for any client - even well-established companies - to experience financial difficulties. Unfortunately, many agencies ignore the risks posed by their clients' finances.