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.
Published Articles
Generative AI and Copyright Legal Contributions by an American Interactive Entertainment Attorney
Korean Creative Content Agency (KOCCA) published Emma C. Smizer’s article titled, “Generative AI and Copyright Legal Contributions by an American Interactive Entertainment Attorney.” View Article
December 26, 2024
Alerts
Federal Court Enforces Mass Arbitration Terms
We recently wrote about the Ninth Circuit’s decision in Heckman v. Live Nation Entertainment, Inc., No. 23-55770, 120 F. 4th 670 (9th Cir. 2024), which struck down Ticketmaster’s mass arbitration terms as unconscionable and unenforceable. Read more.
December 23, 2024
In the Press: Praise
Variety’s Dealmakers 2024
Variety features Andrew Hurwitz on its list of the top entertainment industry dealmakers for 2024. Read more.
December 19, 2024
In the Press: Quoted
Advertising Opt Outs Drive New Privacy Strategies in 2025
Cybersecurity Law Report quotes Daniel M. Goldberg in an article on how the advertising industry is facing greater scrutiny from state attorneys general as more people opt out of targeted ads. Speaking on a California Lawyers Association (CLA) panel, Mr. Goldberg noted how adtech is now a key focus for regulators. Due to the extensive marketing of many companies, privacy program leaders across industries must assess the impact of adtech on their companies and mititgate risks. View article (available through trial or paid subscription).
December 18, 2024
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In the Press
The 2024 State of AI Regulations
Rick Borden is featured on the TrustGraph podcast Our Agentic Future on the episode, “The 2024 State of AI Regulations.” He explains how insurance companies are big data companies, discussing risk management, US regulations, and compliance. Listen here.
December 17, 2024
In the Press: Quoted
The Biggest Copyright Decisions of 2024
Law360 quotes Jacqueline Charlesworth on the Hachette Book Group Inc. v. Internet Archive lawsuit, in which the Second Circuit affirmed a Manhattan federal judge’s ruling that a nonprofit’s scanning books to a create e-books was not fair use. (Behind paywall) View Article
December 17, 2024
In the Press
Glue Trap Film: Everything You Need To Know About the Indie Horror Comedy
TechNadu mentions Sasha H. Levites and Mynda R. Krato as counsel to Justin Geldzahler, the writer and director of “Glue Trap,” an Indie horror-comedy, which Gravitas Ventures recently acquired. Geldzahler, known for his writing for “Succession” and “Euphoria,” produced his latest film with Christopher Fox and Norris Guncheon, and executive producer Sara McFarlane. View Article
December 16, 2024
In the Press: Quoted
Deciphering the New CPPA Proposed Regulations for Data Brokers
Cybersecurity Law Report quotes Daniel M. Goldberg on the CPPA's proposed regulations that expand upon and clarify key provisions of the Delete Act, broadening the universe of what entities constitute a data broker. (Behind paywall) View Article
December 12, 2024
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In the Press
Google Likely Can’t Nix Suit Over Collection Of Kids’ Data
Law360 mentions Jeremy S. Goldman and Molly Rothschild as counsel to Hasbro Studios, one of the multiple defendants in a class action lawsuit alleging YouTube illegally gathered children’s data using targeted ads. The judge noted she was inclined to dismiss the YouTube channel owners including Hasbro. She cited the lack of allegations that they knew Google was collecting the data in violation of COPPA, thus could not be held secondarily liable. (Behind paywall) View Article
December 11, 2024
In the Press: Quoted
How a Realtors’ Nonprofit Quietly Funds Conservative Advocacy Groups
The New York Times quotes J.J. Harwayne Leitner regarding the National Association of Realtors’ (N.A.R.’s) spending and establishing the American Property Owners Alliance. She represents tax-exempt organizations and noted, “’It looks like N.A.R. created an organization that is a conduit’ for political spending that it may not want traced.” View Article
December 9, 2024
Alerts
Federal Court Suspends Corporate Transparency Act Enforcement
On Tuesday, December 3, 2024, in the case of Texas Top Cop Shop, Inc. v. Garland, No. 4:24-cv-00478-ALM (E.D. Tex.), the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction against enforcement of the Corporate Transparency Act (“CTA”), and stayed the January 1, 2025 beneficial ownership information (“BOI”) reporting deadline for entities formed prior to 2024. Read more.
December 9, 2024
In the Press
Chris Wood & Melissa Benoist To Star in ‘Duo’ Drama in Works at NBC with Rina Mimoun as Showrunner
Deadline mentions Frankfurt Kurnit as counsel to Chris Wood and Melissa Benoit. The actors will be featured as an acting couple in the NBC television drama “Duo.” Wood and showrunner Rina Mimoun are writing the Warner Bros. Television script. Benoist also next stars in “The Waterfront,” Kevin Williamson’s drama series on Netflix. View Article
December 5, 2024
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In the Press: Quoted
Consumer Lawsuits Seize on Uncertainty Over ‘Plant-Based’
Bloomberg Law quotes Jeffrey A. Greenbaum on environmental marketing terms such as 'plant-based' in the context of growing consumer lawsuits alleging that the term is misleading. View Article
December 4, 2024
In the Press
Cliff “Method Man” Smith, Martha Kelly & Will Price Join Maude Apatow’s ‘Poetic License’
Deadline mentions Frankfurt Kurnit as counsel to Wu-Tang Clan member, Method Man (aka Cliff Smith) who has just signed on to join Maude Apatow's directoral debut "Poetic License." View Article
November 25, 2024
In the Press
‘Baby Reindeer’s Nava Mau To Topline Comedic Thriller ‘The Dregs’
Deadline mentions Frankfurt Kurnit as counsel to Nava Mau, who has just signed on to star in Connor Martin's directorial debut comedic thriller "The Dregs." View Article
November 22, 2024
Alerts: Legal Ethics and Professional Responsibility
For New York Lawyers: Recent Changes to the Biennial Reporting Requirements
New York recently made changes to its biennial reporting requirements. The notice linked here from the NYS Unified Court System explains those changes, which go into effect on Dec. 1, 2024. Here's a summary of what New York lawyers need to know. Read more.
November 21, 2024
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Published Articles
IAB State Privacy Law Insights Newsletter (Children’s Privacy Edition)
Daniel M. Goldberg and Andrew Folks are contributing authors to the Q4 2024 Children's Privacy Edition of the IAB State Privacy Law Insights Newsletter. View Article
November 20, 2024
In the Press
Fulwell 73 and SpringHill Co. Join Forces to Grow in Film, TV, Documentary, Live Events and Branded Content
Variety mentions Frankfurt Kurnit as counsel to Fulwell 73 in its merger with The SpringHill Company. The UK company Fulwell 73 founded by Ben Winston, Leo Pearlman, James Corden, Ben Turner and Gabe Turner, will join SpringHill, a company started by LeBron James and Maverick Carter. The new company, with Carter and Pearlman at the helm as co-CEOs, will expand production across TV, film, live events, branded content, commercials, and consumer products. View Article
November 18, 2024
In the Press
‘Sophie’s Choice’ Theater Rights Case Trimmed
Law360 mentions Maura J. Wogan and Molly G. Rothschild as counsel to playwright David Rintels in his lawsuit involving the family of William Styron, the author of Sophie's Choice. The court ruled that Stryon's contract with Rintels had not expired, noting that in 2020 the family accepted a "very substantial option" payment from a production company working with Mr. Rintels. (Behind paywall) View Article
November 12, 2024
In the Press
Memento International Boards Luca Guadagnino-Produced War Comedy ‘Atropia’ Starring Alia Shawkat, Callum Turner (EXCLUSIVE)
Variety mentions Frankfurt Kurnit as counsel to “Uncut Gems” actor Hailey Gates, who will make her directorial debut with "Atropia," a war comedy starring Alia Shawkat, Callum Turner, Chloë Sevigny and Tim Heidecker. The feature is based on Gates’ short “Shako Mako” which she originally produced for Miu Miu’s 2019 "Women’s Tales" series. View Article
November 8, 2024
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In the Press: Praise
2025 Best Lawyers “Best Law Firms”
Best Lawyers' “Best Law Firms” has named Frankfurt Kurnit the Law Firm of the Year for Entertainment Law — Motion Pictures & Television for 2025. Additionally, we are nationally ranked for Advertising Law, Copyright Law, Litigation – Intellectual Property, Trusts & Estates, Commercial Litigation, and Trademark Law. The firm is metro ranked in 10 practice areas for 2025. Read more.
November 7, 2024
In the Press
Horror Comedy ‘Glue Trap’ Acquired by Gravitas Ventures (EXCLUSIVE)
Variety mentions Sasha Levites and Mynda Krato as counsel to “Succession” and “Euphoria” writer and consultant Justin Geldzahler, whose new Indie horror comedy “Glue Trap” has just been acquired by Gravitas Ventures. View Article
November 5, 2024
In the Press
Kedar Williams-Stirling, Yara Shahidi, Keith Powers & Renée Elise Goldsberry In Talks For Coming-Of-Age Romance ‘Bloom’
Deadline mentions Frankfurt Kurnit as counsel to Dane Clarke II and Joel Poku's Pineloft Entertainment, developers and co-producers of the new coming-of-age romance film "Bloom." View Article
November 5, 2024
In the Press
AFM: Judy Greer, Sean Astin, Bryan Cranston, John Goodman to Star in Dark Comedy ‘Chili Finger’ (Exclusive)
The Hollywood Reporter mentions Frankfurt Kurnit as counsel to John Goodman, who is set to star in and executive produce the upcoming Midwestern dark comedy feature "Chili Finger." View Article
November 4, 2024
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In the Press
John Krasinski Returning to Star in ‘Jack Ryan’ Movie for Amazon
The Hollywood Reporter mentions Frankfurt Kurnit as counsel to Wendell Pierce, who is set to return opposite John Krasinski in the Amazon MGM feature film, "Jack Ryan." View Article
October 31, 2024