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 Lipper HedgeWorld News article, "Answering Solengo: Free Speech & Fair Use" on July 27, 2007, Edward Rosenthal was mentioned as the attorney for DealBreaker - a Wall Street Blog opposing a complaint brought by Solengo Capital.
July 27, 2007
The Hollywood Reporter, Esq included Michael Frankfurt in its 2007 "Power Lawyers Top 100 Outside Counsel" list.
July 24, 2007
In a July 9, 2007 New York Press article, "A Free Mascot: Hungrr's Story," Frankfurt Kurnit was mentioned as legal counsel to Hungrr LLC, a company dedicated to raise awareness on hunger in America.
July 9, 2007
Jeffrey A. Greenbaum authored the chapter "Developing an Advertising Compliance Program" included in the book Advertising and Litigation Best Practices. The book was published in July 2007 by Aspatore.
July 1, 2007
URB magazine quoted Christopher Chase in the July/August 2007 article "Grown Folk's Business".
July 1, 2007
Lauren Bishow co-wrote the article, “E-Discovery From a Global Perspective: Applying the ‘Possession, Custody and Control’ Test to Electronic Information Stored Domestically and Abroad” published in The Legal Intelligencer.
June 1, 2007
The Hollywood Reporter recognized Amy Nickin as the attorney who closed a seven-figure deal for Jason Smilovic with NBC Universal Television Studio in its "Industry Dealflow" column of the May 29 - June 11, 2007 edition.
May 29, 2007
Internet Law & Strategy published Sean F. Kane's article on "Viacom v. YouTube" in its April 2007, Vol. 5, No. 4 issue.
April 30, 2007
IP Today published Christopher Chase's article on the use of trademarks to protect and promote musicians. View Article
April 21, 2007
The Network Journal named Lisa E. Davis in its "25 Influential Black Women in Business" list. Read more.
April 11, 2007
Gamasutra published S. Gregory Boyd's article "Patent Strategy in the Game Industry". View Article
March 25, 2007
As advertising agencies and production companies continue to get into the business of producing branded entertainment and other content that doesn't fall within the traditional definition of "advertising," they are faced with the challenge of adapting their businesses to meet the demands of these new projects. It should come as no surprise that when you're creating viral films, television shows, Second Life content or video games, for example, you're going to be faced with new business, production, and legal considerations. Read more.
March 23, 2007
The federal government and many city and state governments have programs designed to increase the flow of contracts to minority-owned and women-owned businesses. A recent example of a firm winning status as a women-owned business is Public Communications Inc. of Chicago. It won the designation of "Women's Business Enterprise" from the Women's Business Development Center, Chicago, and is seeking similar recognition from city, county, state and federal offices. Read more.
January 29, 2007
Advertisers are increasingly turning to "buzz marketing" to communicate with today's consumers. These consumers are watching (and posting) videos on YouTube. They belong to social networking sites such as mySpace. They have avatars on Second Life. They have their own blogs. And, the theory goes, they are less susceptible to being influenced by traditional advertising campaigns. Read more.
January 26, 2007
PR professionals who strike out on their own face legal and accounting issues but they are by no means daunting.A sole proprietor will have far fewer issues than a group of PR people starting a business. Sole proprietor may make sense if the business is small and the owner has few assets. If you just do business under your own name, there's no need even to file a DBA (Doing Business As) form with the state or county. Read more.
December 20, 2006
Gamasutra published S. Gregory Boyd's article "Litigations that Changed the Games Industry". View Article
December 18, 2006
Internet Law & Strategy published Sean Kane's article "Internet Gambling Banned, New Legislation Forces Online Gaming Sites to Decide When to Hold Them and When to Fold Them" was published in its November 2006 issue, Vol. 4, No. 11.
November 30, 2006
Smaller PR firms usually don't offer stock to employees because this raises complicated tax issues and minority ownership protection issues. It can also be costly to set up such a program. Also, PR firms may have to repurchase their own equity at a later date and take a financial hit. An alternative is "phantom stock" which lets employees share in the growth of a firm but eliminates the complications of actual stock. Read more.
November 8, 2006
The Hollywood Reporter listed Amy Nickin as counsel to John Goodman in the column "Industry Dealflow".
October 24, 2006
E-Commerce Law & Strategy, Vol. 23, No. 4. published Sean F. Kane's article "New Kinds of e-Commerce".
August 31, 2006
Reacting to consumers' concerns about issues such as unemployment, the trade deficit, and world events, advertisers often want to market their products as have been "Made in the USA." If you’re planning to make patriotic claims for one of your clients, it’s important that you understand Federal Trade Commission rules on when you can say that a product is American-made. Read more.
August 17, 2006
Internet Law & Strategy published Sean F. Kane's article "Asset Creation, Seclusion And Money Laundering In The Virtual World".
July 31, 2006
The New Jersey State Bar Association published Sean F. Kane's article "Protecting Your Client’s Motion Picture Investment" in the "Business Law" section of its Vol. 30, No. 1 publication.
July 31, 2006
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. View Article
July 24, 2006
The Deli Magazine published Christopher Chase's article "What's in a name?". Read more.
July 14, 2006
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