Creating Enterprise Value: AI, Talent, Risk & Growth Strategies for Agency Leaders:
A Business Conference for Agency CFOs, CEOs, Presidents, Managing Principals & Owners
Date:
Thursday, November 19
Time:
12:00 PM - 6:00 PM
Address:
Frankfurt Kurnit
28 Liberty Street
35th Floor
New York, NY 10005
Program Overview:
This conference is designed to address strategic, financial, operational, and legal issues that can afect agency profitability, valuation, leadership succession, risk management, and long-term enterprise value. Through a combination of expert presentations and executive discussions, attendees will gain practical insights into the opportunities and challenges facing agency leaders in an increasingly complex business environment.
12:00 PM – 12:25 PM
Registration, Lunch and Welcome
12:25 PM – 1:10 PM
AI’s Impact on Agency Processes, Economics, Pricing, and Profitability and Negotiating Agreements With Clients to Address These Issues
Artificial intelligence is reshaping agency operations, economics, client expectations, and risk profiles. This session will examine how agencies can leverage AI to improve eficiency and profitability while addressing evolving contractual and governance considerations.
Topics Covered
What clients to understand about the use of AI, costs and eficiencies.
Intellectual property, ownership and compliance considerations
AI's impact on agency business models and economics
Client expectations regarding AI usage and disclosure
Pitch and procurement pressures
Key contractual protections and risk allocation provision
Governance frameworks for AI review and approval
Speakers: Candice Kersh and Karen Lo (Special Group)
1:10 PM – 1:50 PM
Building an Ownership Culture: Equity Participation & Long-Term Incentive Strategies
Topics Covered
Equity participation structures for key employees and next-generation leaders
Employee Participation Units (EPUs), phantom equity, profits interests, and other incentive alternatives
Balancing founder control with meaningful employee ownership opportunities
Designing long-term incentive programs that align performance and succession goals
Rewarding key contributors without giving up unnecessary control
Roll-over equity particularly in private equity roll ups
Speakers: Wendy Heilbut and Mark Himmelsbach (Episode Four)
1:50 PM - 2:40 PM
Diversification Opportunities, Including SaaS, IP licensing, Investment, and Branded Entertainment
Many agencies are exploring new revenue streams and proprietary assets that can improve growth, valuation, and long-term sustainability.
Topics Covered
SaaS and technology licensing opportunities
Development and monetization of agency intellectual property
Proprietary technology and data products
Strategic investments and ownership interests
Branded entertainment and content ventures
Building value through scalable, non-service-based assets
Speakers: Greg Boyd, Chris Chase and Ben Moskowitz
2:40 PM - 2:55 PM
Networking Break
2:55 PM - 3:55 PM
M&A Readiness, Succession Planning & Deal Structures
Whether you're thinking about growth through acquisition, bringing in an investor, transitioning ownership, or eventually selling your agency, understanding the deal process is critical. This session will demystify how agency transactions work, what to expect during a sale process, and the key deal terms, structures, and negotiation points that can materially afect outcomes for founders and owners.
Topics Covered
Who is buying agencies today and why
Strategic buyers versus private equity investors
What the sale process looks like from start to finish
Valuation drivers and factors that influence deal value
Earn-outs, rollover equity, and other key deal structures
Deal terms that commonly surprise agency owners
Preparing for diligence and avoiding common pitfalls
Building the right advisory team and preparing for a successful transaction
Speakers: Lee Silver, Gavin McElroy and Michael Sidler (Madison Alley)
3:35 PM - 4:15 PM
Talent Risk Management and Employment Issues
Managing talent-related risks has become increasingly challenging, particularly as agencies engage a broader ecosystem of employees, contractors, creators, and influencers.
Topics Covered
Employee versus independent contractor classification
Compensation and payment compliance considerations
California-specific workforce requirements
Background checks and screening practices
Risk management when engaging creators and influencers
Speakers: Wendy Stryker and Tiffany Caterina
4:15 PM - 4:25 PM
Networking & Refreshment Break
4:25 PM - 5:05 PM
Practical Approaches to Contracting, Governance, and Compliance Strategies
As the legal and regulatory environment continues to evolve, agencies must adopt practical operational safeguards that reduce risk and help avoid costly disputes.
Topics Covered
Contracting strategies to mitigate business risk
Risk allocation and indemnification provisions
Ownership and rights-management considerations
Internal governance and approval procedures
Vendor management and oversight
AI governance frameworks
Updating contracts, policies, and workflows to address emerging AI-related risks
Creating practical review processes that reduce liability exposure
Speakers: Matthew Vittone and Andrew Folks
5:05 PM - 5:40 PM
Advertising Technology: Emerging Risks for Agencies
The rapid growth of privacy litigation involving digital tracking technologies is creating new legal challenges for the advertising industry. This session will explore the evolving litigation landscape, the potential exposure of advertising agencies, and practical steps agencies can take to protect themselves and their clients.
Topics Covered
Emerging class action and regulatory risks involving tracking technologies
When advertising agencies may face liability for client websites, apps, marketing pixels, and data collection practices
Allocating risk through client contracts, indemnification, and insurance
Practical strategies for reducing litigation risk without compromising marketing effectiveness
Speakers: Matt Pearson and Caren Decter
5:45 PM - 7:15 PM
Cocktail Reception
Networking reception for agency executives, speakers, sponsors, investors, and advisors.
In the Press: Praise
Frankfurt Kurnit in Chambers USA 2025
For the 21st consecutive year, Chambers and Partners included Frankfurt Kurnit in its rankings of the country’s leading law firms and attorneys. Chambers recognized our Advertising, Entertainment, Intellectual Property, and Data Strategy, Privacy & Security practices. They listed 20 of our attorneys as industry leaders, and included for the first time Matthew Vittone as an “Up and Coming” attorney in Advertising: Transactional & Regulatory law. Read more.
June 5, 2025
Published Articles
2nd Circ. Limits VPPA Liability, But Caveats Remain
Law360 published Caren Decter and Michael Salik’s article, “2nd Circ. Limits VPPA Liability, But Caveats Remain.” View Article
June 2, 2025
In the Press: Quoted
An Influencer Gained Followers as She Documented Her Weight Loss. Then She Revealed She Was on a GLP-1
Hannah E. Taylor is quoted in The Wall Street Journal about social media influencer Janelle Rohner, who shared her weight loss progression with diet and lifestyle tips, selling a paid course on nutrition. When Ms. Rohner posted she was taking a medication used for weight reduction and diabetes, her critics questioned her the legality of her advertising and e-commerce. The article stated, “Hannah Taylor, deputy managing partner and a partner in the advertising, marketing and public relations group at law firm Frankfurt Kurnit Klein & Selz, said proving an influencer acted fraudulently is a high bar because many jurisdictions require showing that the defendant had an intent to deceive. False advertising is typically easier to prove. Taylor said if someone had purchased the course believing that it led to Rohner’s weight loss, when in fact the medicine was the cause, that could be a material omission that could subject the influencer to false advertising liability.” View article.
May 30, 2025
In the Press: Quoted
Mubi’s $24M Bet Just Made Agents Bullish Again. Here’s Why
Hayden Goldblatt is quoted in The Ankler article on Mubi’s purchase of Lynne Ramsay's film, “Die, My Love,” and what it meant for the Cannes market. He’s interviewed on “the real lessons from Cannes.” View article. (Behind paywall)
May 27, 2025
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In the Press
Tilda Swinton & Director David Lowery Set Whodunnit ‘Death In Her Hands’ At See-Saw Films
Deadline mentions Victoria Cook as counsel to filmmaker David Lowery, who has just cast Tilda Swinton to star in his next feature "Death in Her Hands" based on American author Ottessa Moshfegh’s 2020 novel. View Article
May 22, 2025
In the Press: Quoted
A Federal Judge Ordered OpenAI to Stop Deleting Data
Daniel M. Goldberg is quoted in an Adweek article, which reported that a federal judge has ordered OpenAI to stop deleting output data from ChatGPT. This was part of The New York Times lawsuit, alleging OpenAI engaged in copyright infringement “by using ‘millions’ of articles published by the newspaper to train its AI model, which now directly competes with the Times’ content as a result.” The judge’s order seeks to preserve evidence in the Times’ case. Mr. Goldberg addressed mulitple implications of the order, which requires OpenAI to hold more data than they normally would. "That could make OpenAI more susceptible to security breaches, or shake the trust of consumers who expected their chatbot records to be deleted. There are also potential implications regarding energy use, storage and environmental impact that the judge may not have considered when making the order, Goldberg said." He also noted the order would trigger people's concerns about what it means for working with large tecnology providers.
May 21, 2025
In the Press: Quoted
Democrat LaMonica McIver Charged: What Punishment Could She Face?
Jeremy Bates is quoted in a Newsweek article on New Jersey U.S. representative LaMonica McIver’s arrest by the Trump administration. She’s accused of allegedly assaulting, resisting, and impeding law enforcement officers in a protest against the arrest of Newark Mayor Ras Baraka. Amidst the chaos, Ms. McIver appears to have elbowed an officer. Mr. Bates told Newsweek,“‘Ethical prosecutors refrain from bringing charges that are not supported by probable cause. Here, the Mayor of Newark was charged with trespassing. Days later, DOJ dropped that charge. These facts do not inspire confidence.’” Mr. Bates also stated, “‘Before charging anyone with a federal crime, a DOJ lawyer should ask, would this prosecution be in the interest of my true client, the American people? Or is it an act of presidential malice?’” View Article
May 20, 2025
In the Press
Amanda Seyfried & Scoot McNairy Team With Director Tim Blake Nelson On Prison Break Thriller ‘The Life And Deaths Of Wilson Shedd’
Deadline mentions Frankfurt Kurnit as counsel to Amanda Seyfried, who is set to star in Tim Blake Nelson's "The Life And Deaths of Wilson Shedd" alongside Scoot McNairy. View Article
May 14, 2025
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In the Press: Praise
ALM | GlobeSt Names Larry Welch on 2025 Influencers in Retail Real Estate List
ALM | GlobeSt magazine has honored Larry Welch, listing him as a "2025 Influencer in Retail Real Estate." Read more.
May 14, 2025
In the Press
Cannes-Bound ‘Left-Handed Girl,’ ‘Heads or Tails?’ Producer Cinema Inutile Takes Stake in 1-2 Special
Variety mentions Hayden Goldblatt as counsel to New York and Tokyo-based production company Cinema Inutile, who has taken a stake in distribution banner 1-2 Special. View Article
May 12, 2025
In the Press
Jason Segel to Lead James Ponsoldt Thriller ‘Sponsor,’ Selling at Cannes
Variety mentions Frankfurt Kurnit as counsel to director James Ponsoldt, who is working on the psychological thriller "Sponsor" starring Jason Segel. Read more.
May 12, 2025
In the Press
‘Ted’ Animated Sequel Series Set at Peacock With Mark Wahlberg, Amanda Seyfried, Jessica Barth Returning
Variety mentions Frankfurt Kurnit as counsel to Amanda Seyfried, who is set to reprise her role as Sam in the upcoming "Ted" Animated Sequel Series from Peacock. View Article
May 11, 2025
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Press Releases
Holly Melton Joins Frankfurt Kurnit Advertising Group
May 8th, 2025 New York, N.Y. — Holly Melton has joined Frankfurt Kurnit Klein + Selz PC as a partner in the firm’s Advertising Group. Ms. Melton joins Frankfurt Kurnit from Crowell & Moring, where she co-led the firm’s advertising practice. Read more.
May 8, 2025
Alerts
Court Finds Apple Violated Order, Resulting in Key Changes for iOS External Purchase Methods
On April 30, 2025, the Northern District of California immediately and permanently enjoined Apple’s External Purchase Link entitlement programs and its restrictions for apps offered on the United States storefront. Apple announced the following day that it has updated its App Review Guidelines as follows: Read more.
May 5, 2025
In the Press: Quoted
In Suits and Ties, Lawyers Protest Trump’s Attacks on the Legal System
The New York Times quotes Ronald C. Minkoff in its coverage of the May 1, 2025 National Law Day of Action, in which approximately 1,500 people in Manhattan protested the U.S. president’s threats against judges, lawyers and the rule of law. Legal groups organized attorneys across the country to show their opposition to the Trump administration’s defiance of court orders, targeting of law firms, and wrongful deportations. The lawyers reaffirmed their promise to uphold the rule of law and recited the Pledge of Allegiance. Foley Square protest organizers requested that attorneys dress in suits—as if going to court and carry pocket Constitutions. “‘We want people to see that we treat this issue with utmost respect,’ said Ronald C. Minkoff, a defense lawyer and an organizer. ‘This is like the courtroom to us.’” View Article
May 1, 2025
In the Press: Quoted
Attys Join Nationwide ‘Day Of Action’ Rallies For Rule Of Law
Law360 quotes Ronald C. Minkoff on the thousands of attorneys who rallied across the country on May 1, National Law Day, to publicly oppose the Trump administration’s attack on the rule of law. The article stated, “New York County Lawyers Association vice president and noted legal ethics expert Ron Minkoff of Frankfurt Kurnit Klein & Selz, PC, said the rallies came together fairly organically as bar associations across the country began looking at ways to spotlight the Trump administrations actions against judges and lawyers and then realized National Law Day of Action was just a few weeks away.” Mr. Minkoff stated that he doesn’t normally go to demonstrations but these are things that stir him to action. “’When the ability of lawyers to represent their clients is under threat, that is an attack on one of the pillars of the American system, the American experiment,’ he added.” View article. (Behind paywall)
May 1, 2025
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In the Press
X Can’t Escape Unjust Firing Claim in Severance Suit
Law360 mentions Wendy Stryker and Kristen G. Niven as counsel to former Twitter executives who filed a lawsuit against the company and Elon Musk for unjust firing, owing them millions in severance benefits. In the case Personette et al. v. Musk et al., a federal judge denied X (formerly known as Twitter) its motion to dismiss the claim citing an order she issued that same day against X, in a similar matter also alleging unpaid severance pay. View Article. (Behind paywall)
April 29, 2025
In the Press
Netflix Developing Drama ‘The 99’ers’ On 1999 U.S. Women’s National Soccer Team; ‘Watchmen’s Nicole Kassell To Direct
Deadline mentions Frankfurt Kurnit as counsel to Emmy-winning filmmaker Nicole Kassell, who is directing "The 99’ers", a feature adaptation of Jeré Longman’s book The Girls of Summer: The US Women’s Soccer Team and How It Changed the World. View Article
April 29, 2025
In the Press: Praise
Frankfurt Kurnit Named to 2025 List of “Best Law Firms for Talent”
We are proud to be named once again to Seramount’s “Best Law Firms for Talent” (formerly Best Law Firms for Women) list for our ongoing commitment to inclusive best practices that help all lawyers thrive and do their best work. Read more.
April 23, 2025
Published Articles
Fordham Intellectual Property, Media and Entertainment Journal
Michael Ling's article "This Much Fun Should Be Illegal!" was published in Fordham University School of Law's Intellectual Property, Media and Entertainment Journal (IPLJ) within the "Protecting What's Yours: Rights, Risks, and Realities in IP and Entertainment" section (Vol. 35, Issue 3). View Article
April 23, 2025
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In the Press: Praise
Billboard Again Names Jacqueline Charlesworth in Its Top Music Lawyers List
Billboard magazine has selected Frankfurt Kurnit partner Jacqueline Charlesworth as one of its “2025 Top Music Lawyers.” The publication has referred to its annual list as “featuring the savviest legal counselors throughout the music industry.” In addition to noting her career highlights and recent successful representations, the article quoted her advice to musicians using AI to create songs. Ms. Charlesworth has been recognized by Billboard with this honor every year since 2018.
April 21, 2025
In the Press
Bradley Cooper’s ‘Is This Thing On?’ Adds Amy Sedaris, Peyton Manning and More as Searchlight Film Wraps Production (EXCLUSIVE)
Variety mentions Frankfurt Kurnit as counsel to comedian, actor, and writer Reggie Conquest, who has just joined the cast of Bradley Cooper's new film "Is This Thing On?". View Article
April 18, 2025
In the Press
Backers of Meta, Authors Clash Over Fair Use in AI Training
Law360 mentions Jacqueline C. Charlesworth, Ruby A. Strassman and Kristen G. Niven as counsel to the Association of American Publishers, which filed an amicus brief in the lawsuit Kadrey, et al. v. Meta Platforms, Inc. Tech companies argue AI's transformative technology protects its use of copyrighted material under fair use. Authors argue that generative AI exists because it relies on human expression and creativity, which should be compensated. The article quotes the Association of American Publishers brief in support of the plaintiffs stating: “Defendant Meta Platforms Inc., a company valued at over a trillion dollars, asks this court to declare that it is free to appropriate and commercially exploit the content of copyrighted works on a massive scale without permission or payment for that content, a ruling that would have catastrophic consequences for authors and publishers of books, journals and other textual works protected by copyright.” Read the full article here. (Behind paywall.)
April 14, 2025
In the Press: Praise
Media Law International (2025) Ranks Frankfurt Kurnit a Top Firm and Edward H. Rosenthal a Leading Lawyer
Media Law International, an independent publisher singularly focused on media law, has ranked Frankfurt Kurnit as a Tier 1 firm and selected Edward H. Rosenthal as a leading lawyer in its 2025 guide to global leaders. The directory specializes in law firm rankings and thought leadership across 60 jurisdictions based on research that evaluates law firm capabilities, market influence and sector specialization. Read more.
April 11, 2025
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Variety’s 2025 Legal Impact Report
Variety's 2025 Legal Impact Report includes Marcie Cleary, Victoria S. Cook, Andrew Hurwitz, and Joshua M. Lewin for their work in the entertainment space. Hayden Goldblatt, Alan D. Sacks, Sean Jefferson, and Larissa Calva Ruiz are included for their work in the film and TV financing space. The report spotlights the leading attorneys in the entertainment industry over the past year. View Article
April 10, 2025
