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.
Alerts: Advertising Law
FTC Sounds the Alarm on ADT Paid Endorsements
As part of its ongoing focus on endorsements in advertising, the Federal Trade Commission recently settled a case against home security company, ADT LLC, for use of paid endorsers presented to look like impartial experts. In its complaint, the FTC alleged that ADT paid spokespeople to review, demonstrate and promote ADT's "Pulse Home Monitoring System" without disclosing that they were paid to do so. Read more.
March 11, 2014
In the Press: Quoted
FTC Busts ADT for Failing to Disclose Paid Endorsers
The FTC has recently been focused on transparency in online communications, however according to Jeff Greenbaum in his Adweek article, "FTC Busts ADT for Failing to Disclose Paid Endorsers", the recent ADT case is evidence that they are looking at traditional media as well. View Article
March 10, 2014
In the Press: Quoted
Ferraiuoli LLC Joins Global Advertising Lawyers Alliance
News is my Business quoted Jeffrey A. Greenbaum regarding the addition of Ferraiuoli LLC to GALA. View Article
March 5, 2014
Alerts: Employment Law
Earned Sick Time Act
On Wednesday February 26th, the New York City Council voted 46-to-5 to expand the Earned Sick Time Act that is scheduled to go into effect on April 1, 2014. Under the amended law, all businesses with at least five employees (or one domestic worker) must provide workers with five paid sick days a year. Read more.
March 4, 2014
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In the Press: Quoted
Sean F. Kane in The National Law Journal
The National Law Journal announced Sean F. Kane as the newest partner of Frankfurt Kurnit's Interactive Entertainment Group.
March 3, 2014
Alerts: Advertising Law
Hold off on that Congratulatory Ad
The Olympics and the Academy Awards always inspire advertisers to run ads congratulating winners. But not so fast. Michael Jordan's lawsuit over a congratulatory advertisement placed by Jewel-Osco Supermarkets in a Sports Illustrated special edition celebrating his induction into the Basketball Hall of Fame was just reinstated on appeal. Read more.
February 20, 2014
In the Press: Quoted
Are You Guilty of ‘Twibel’? What Courtney Love’s Twitter Lawsuit Means for Social Media
Terri Seligman was interviewed by New Media Rockstars about lawsuits resulting from defamatory claims made on social media. View Article
February 20, 2014
In the Press: Quoted
Brands Court Legal Danger in Real-Time Rush
Digiday quoted Jeffrey A. Greenbaum on social media rules for brands. View Article
February 18, 2014
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In the Press: Quoted
Jeffrey A. Greenbaum Elected GALA Global President
Shoot Online published an article announcing Jeffrey A. Greenbaum as the president of the Global Advertising Lawyers Alliance. (Article behind a paywall) View Article
February 13, 2014
In the Press: Quoted
Berlin: Greece’s Faliro House Grows Footprint, Partners With FilmNation
The Hollywood Reporter recognized Victoria Cook's contribution to a two-year fund partnership between FilmNation and Farilo House Production. View Article
February 11, 2014
In the Press: Quoted
Brett Ratner’s RatPac Comes on to Hitchcock Holocaust Documentary
Victoria Cook participated in the negotiation to add Brett Ratner as producer to the docu “Night Will Fall,” the story of the restoration of Alfred Hitchcock’s 1945 documentary on the Holocaust. View Article
February 11, 2014
Press Releases
Frankfurt Kurnit Managing Partner Jeffrey A. Greenbaum Elected President Of GALA
Frankfurt Kurnit Klein & Selz PC and the Global Advertising Lawyers Alliance (GALA) today announced that GALA elected Jeffrey A. Greenbaum GALA President. Read more.
February 11, 2014
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In the Press: Quoted
Female Powerbrokers Q&A: Frankfurt’s Barbara Shiers
Law360 interviewed Barbara Shiers about her career as a "Female Powerbroker". View Article
February 6, 2014
Alerts: Advertising Law: Sports Law
LET THE GAMES BEGIN - Last Minute Tips for Marketers to Avoid Running Afoul of Olympic Committees
Now that the "Big Game" is over, marketers are turning their attention to the upcoming Winter Games in Sochi, Russia. While it is tempting to comment on and associate with big worldwide events as they are happening, bear in mind that there are rights holders that enforce and protect their rights to these events. Read more.
February 5, 2014
Press Releases
Frankfurt Kurnit Law Firm Adds New Partner in Interactive Entertainment Group
Frankfurt Kurnit Klein & Selz, PC added Sean F. Kane as a partner to its Interactive Entertainment Group. Mr. Kane formally joined the firm today. Read more.
February 4, 2014
Alerts: Advertising Law
In Newest Native Advertising Case, NAD tells Shape Magazine to Shape Up!
A recent decision from the National Advertising Division of the Better Business Bureau highlights the increasing interest in native advertising by regulatory and self-regulatory bodies. As the Interactive Advertising Bureau noted in its recently released Native Advertising Playbook, native advertising is hard to define because it can take many different forms, and the questions it poses are far from settled. Read more.
January 31, 2014
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In the Press: Quoted
Creative Arrangements with Nonlegal Businesses
Bloomberg BNA quoted Nicole Hyland on an opinion released this month by the New York City Bar's Ethics Committee regarding ethics rules for lawyers contemplating creative arrangements with nonlegal organizations.
January 30, 2014
Alerts: Legal Ethics and Professional Responsibility
Business Arrangements with Non-Legal Entities
In the current legal and economic climate, some lawyers are considering business arrangements with non-legal entities. A new ethics opinion by the Committee on Professional Ethics of the New York City Bar Association discusses important ethical issues raised by such business ventures. Read more.
January 30, 2014
Published Articles
Aging Lawyers and Professionalism
New York County Lawyer published Ronald Minkoff's article on "Aging Lawyers and Professionalism". View Article
January 23, 2014
Alerts: Advertising Law
Recent Decisions Highlight Importance of Compliance with Online Behavioral Advertising Principles
The Online Interest-Based Advertising Accountability Program has recently released a handful of decisions addressing the responsibilities of the advertiser, agency and platform when collecting consumer information for online behavioral advertising. Read more.
January 22, 2014
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Alerts: Advertising Law
FTC Issues Updated Guidance on Weight Loss Claims
The Federal Trade Commission (the "FTC" or the "Commission") announced this week that it updated its guidance for publishers and broadcasters on how to spot deceptive or false weight-loss claims when screening advertisements for publication. Read more.
January 15, 2014
Press Releases
Frankfurt Kurnit Promotes Top Ethics Lawyer to Partnership
Frankfurt Kurnit Klein & Selz, PC named Nicole Hyland partner of the firm’s Attorney Ethics and Professional Responsibility Group, effective January 1st, 2014. Read more.
January 10, 2014
In the Press: Praise
Finance Monthly Global Awards 2014
Frankfurt Kurnit is on the shortlist for Intellectual Property Law Firm of the Year – USA. Finance Monthly will announce the winners in February.
January 3, 2014
Alerts: Legal Ethics and Professional Responsibility
Ethics Roundup for 2013: Six Developments that Affect the Way We Practice Law
Our work as professional responsibility attorneys over the past year has given us a front row seat to the most bedeviling ethical conundrums faced by lawyers. In our final Ethics Alert of 2013, we re-cap six important developments for New York-area lawyers, along with tips for staying on the right side of the line. Read more.
December 26, 2013
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Alerts: Estate Planning Law
Governor Cuomo Signs New York State Nonprofit Revitalization Act of 2013
On December 18, 2013, the "Nonprofit Revitalization Act of 2013" (the "Act") was signed into law by Governor Cuomo. The Act represents a major overhaul to New York's Not-for-Profit Corporation Law, the first of its kind in over 40 years. Read more.
December 20, 2013