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.
One of the largest areas of current legal exposure for companies arises from their own websites. That’s because over the past several years, plaintiffs have filed thousands of lawsuits alleging that company websites are inaccessible to consumers with visual or hearing impairments—in violation of the Americans with Disabilities Act (ADA) and related state laws. Read more.
October 28, 2024
Super Lawyers magazine lists 42 attorneys in its 2024 edition. Read more.
October 24, 2024
Emmy nominated actress Nava Mau is included in Out Magazine's 2024 Out100 list as a "Disruptor" who has helped make the world a better place for LGBTQ+ people. View Article
October 21, 2024
Irish Legal 100 recognizes Catherine Farrelly and Sean Kane in their 2024 edition. The list recognizes distinguished legal professionals of Irish heritage.
October 17, 2024
Deadline mentions Frankfurt Kurnit as counsel to comedian Desus Nice, who is working with Story Syndicate and Amazon MGM Studios on a travel series for Prime Video. View Article
October 9, 2024
The Hollywood Reporter mentions Frankfurt Kurnit as counsel to Amanda Seyfried, who is set to star alongside Sydney Sweeney in an adaptation of Freida McFadden's psychological thriller "The Housemaid." View Article
October 9, 2024
Law360 mentions Maura J. Wogan and Molly G. Rothschild as counsel to playwright David Rintels in his lawsuit over theatrical rights to the 1979 novel Sophie's Choice. (Behind paywall) View Article
October 9, 2024
Lloyd's Intellectual Property Reporter mentioned Kimberly M. Maynard and Michael Salik as counsel to Golden Child Media LLC, resolving its case against Golden Productions, Inc. The report noted the case was voluntarily dismissed against the defendant, ending the trademark disputes.
October 8, 2024
On September 24, Gov. Gavin Newsom signed into law AB 2426 (effective Jan. 1, 2025), a consumer protection bill that expands the scope of false advertising in California. In short, AB 2426 prohibits interactive entertainment and digital media companies from using words like “buy,” “purchase,” or any other words that indicate unrestricted ownership over digital goods. Violators may face injunctions and civil penalties imposed by California regulators or civil claims from individuals with proper standing. Read more.
October 3, 2024
Law360 mentions Caren Decter and Jeremy S. Goldman as counsel to businessman Davor Bogavac and GSP Golf AB. A U.S. District Judge in the Southern District of New York ruled that GSP Golf AB had developed a golf simulator interface that could meet the "modest requirements of originality" in a copyright case arising from a lawsuit by rival company Perfect Golf. View Article
September 30, 2024
MediaPost quotes Jeffrey A. Greenbaum on California Governor Gavin Newsom's newly signed bill that will prohibit sellers from advertising digital material with the words “buy” or “purchase,” unless the sellers also disclose that they can revoke access at any time. View Article
September 27, 2024
Variety mentions Frankfurt Kurnit as counsel to American actress, director, and producer Tamara Tunie, who has just been cast in the upcoming CBS daytime soap opera “Beyond the Gates.” View Article
September 20, 2024
Law360 mentions Tyler Maulsby, Tricia Legittino, Kristen Niven and John Harris as "Legal Lions" for their successful representation of former Gibson Dunn & Crutcher partner Mark A. Perry. A California judge ruled that the firm must pay the well-known appellate attorney $141,000 in legal fees after losing their legal battle over his move to Weil Gotshal & Manges. Gibson Dunn already who owes approximately $585,000 to Mr. Perry, as the judge also affirmed an arbitrator's decision that he did not resign but retired, and was entitled to his retirement benefits. (Behind paywall) View Article
September 20, 2024
The Hollywood Reporter includes Marcie Cleary, Lisa E. Davis, and Michael Williams in its "Power Lawyers" list of the top 25 entertainment attorneys in New York for 2024.
September 19, 2024
Law360 mentions Tyler Maulsby, Tricia L. Legittino, Kristen Niven, and John B. Harris as counsel to ex-Gibson, Dunn & Crutcher partner Mark A. Perry, in winning a legal battle over his leaving the firm to join Weil Gotshal & Manges as its appellate practice co-chair. In the battle over benefits, Gibson Dunn must pay $141,000 in legal fees in addition to the approximately $585,000 award including interest. (Behind paywall) View Article
September 18, 2024
NPR quotes Jacqueline Charlesworth on the music lawsuits against Donald Trump, following White Stripes' becoming the latest band to sue Trump for unauthorized use of copyrighted material in his campaign to become president. She notes the sheer volume of complaints against Trump for his music selections may be a record. Ms. Charlesworth also distinguishes claims of transformative use from just using music to promote a campaign. View Article
September 17, 2024
Deadline mentions Frankfurt Kurnit as counsel to Dan Fogler, who just signed on as a series regular in the USA Network‘s new drama series "The Rainmaker," based on the John Grisham novel of the same name. View Article
September 12, 2024
Law360 covers Jacqueline Charlesworth's arrival to Frankfurt Kurnit. (Behind paywall) View Article
September 10, 2024
Law360 mentions Wendy Stryker and Kristen G. Niven as counsel to Sarah Personette, James Sullivan and Dalana Brand, who claim that Elon Musk prevented them from collecting millions in severance benefits following his takeover of X by falsely claiming they were fired for failing to cooperate in investigations. (Behind paywall) View Article
September 9, 2024
Decrypt quotes Jeremy S. Goldman on how far-reaching the SEC's push into the NFT market might become following the SEC's anticipated lawsuit against NFT marketplace, OpenSeas. View Article
September 9, 2024
Bloomberg Law quotes Jeffrey A Greenbaum on governmental guidance regarding marketing the environmental impacts of products. He notes how different federal agencies issuing a range of advice on environmental marketing could be confusing for businesses. View Article
September 5, 2024
Frankfurt Kurnit has added Jacqueline Charlesworth as a partner in the firm's Litigation Group. Read more.
September 4, 2024
The Hollywood Reporter mentions Frankfurt Kurnit as counsel to filmmaker Matt Tyrnauer, whose documentary "Carville: Winning Is Everything, Stupid" premiered at the 2024 Telluride Film Festival and has been acquired by CNN Films. View Article
September 3, 2024
Variety mentions Frankfurt Kurnit as counsel to "PAW Patrol: The Movie" filmmakers Cal Brunker and Bob Barlen, whose newest animated film, "Doctor Dolittle" will be brought to life by the newly formed Sycamore Studios, a kids and family animation studio. View Article
August 29, 2024
Deadline mentions Frankfurt Kurnit as counsel to Emmy winner actor John Goodman, who has joined the cast of Alejandro G. Iñàrritu’s untitled film with Tom Cruise. View Article
August 27, 2024
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