Creating Enterprise Value: AI, Talent, Risk & Growth Strategies for Agency Leaders:
A Business Conference for Agency CFOs, CEOs, Presidents, Managing Principals & Owners
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: Quoted
USPTO Wades into Flood of ‘COVID’ Trademark Applications
Law360 quotes Catherine Farrelly on covid-themed trademark applications the U.S. Patent and Trademark Office has received during the pandemic. View Article
September 2, 2020
Alerts
COVID-19 Surge Postpones or Delays Los Angeles Civil Jury Trials
Here’s an update on how the pandemic is affecting jury trials in Los Angeles federal and state courts. Read more.
September 1, 2020
Alerts: Estate Planning Law
How COVID-19 Affects Estate Planning Today
The pandemic has prompted many of our clients and friends to focus on their estate planning -- finalizing Wills and estate planning documents that had been in progress, or just getting the planning process started with a new sense of urgency. Read more.
August 31, 2020
Alerts: Sports Law
August Sports Industry News 2020
Here’s what’s happening at the intersection of sports, marketing, and entertainment law as we head into Fall. Read more.
August 27, 2020
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In the Press
Takeaways From The Weather Channel Settlement Over Location Data Practices
MarketScreener shared Daniel Goldberg’s blog post “Takeaways from The Weather Channel Settlement over Location Data Practices.” View Article
August 26, 2020
Alerts
First “Win” for Businesses Against Insurers in COVID-19 Coverage Lawsuits
Here’s some good news for businesses seeking COVID-19-related “business interruption” coverage from their insurance carriers. Read more.
August 24, 2020
In the Press: Quoted
Tokyo Games Postponement Presents Quandary For Ticket Buyers
The Associated Press quotes Christopher Chase on the “Terms and Conditions” of ticket use, set by the Tokyo Olympic organizers. View Article
August 21, 2020
In the Press
‘Good Girls’ EP Bill Krebs Inks Overall Deal With Universal Television
Deadline mentions Andrew Hurwitz as counsel to Bill Krebs who signed a multi-year overall deal with Universal TV, to continue his work on “Good Girls” and develop new projects. View Article
August 20, 2020
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In the Press: Praise
The Best Lawyers in America 2021
We are pleased to report that Best Lawyers — the oldest and one of the most respected peer reviewed lawyer recommendation services — continues to recommend Frankfurt Kurnit. Read more.
August 20, 2020
Alerts: Employment Law
New York Court Strikes Key Provisions of the US DOL’s Rule Regarding FFCRA Paid Sick and Expanded FMLA Leave
On August 3, 2020, Judge J. Paul Oetken of the U.S. District Court for the Southern District of New York struck down four provisions of the U.S. Department of Labor (“DOL”) regulations (the “Final Rule”) implementing elements of the Families First Coronavirus Relief Act (“FFCRA”) (the “Decision”). Read more.
August 18, 2020
Alerts: Employment Law
5 Tips for When COVID-19 Comes to Your Media Production
You’ve mastered the guidance. You’ve implemented the procedures. You’ve followed all the rules to keep your production safe from COVID-19. But somehow, one of your production team members has tested positive for the virus. What next? Read more.
August 18, 2020
Alerts
New York Extends COVID-Related Real Estate Laws
On August 5, Governor Cuomo extended the New York Executive Orders affecting tenants and property owners and on August 12, 2020, New York’s Chief Administrative Judge Lawrence Marks procedurally extended the eviction moratorium. Read more.
August 18, 2020
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In the Press: Quoted
FTC Video Game Loot Box Workshop
The Federal Trade Commission Bureau of Consumer Protection cites Sean Kane’s remarks on Loot Boxes. View Article
August 17, 2020
In the Press
Jason Flom, Ty Stiklorius, Binta Niambi Brown Among Mondo.NYC Conference Keynotes
Variety mentions Frankfurt Kurnit as a sponsor of the Mondo CLE Music & Tech Law Symposium. View Article
August 14, 2020
In the Press
James Schamus To Direct ‘College Republicans:’ Logan Lerman Plays Young Lee Atwater, Asa Butterfield Is Karl Rove
Deadline mentions Frankfurt Kurnit as counsel to Wes Jones, who wrote the script for the upcoming film “College Republicans.” View Article
August 14, 2020
In the Press: Quoted
Breaking into Media and Entertainment Law – Have You Got What it Takes?
Chambers Associate interviews Gregory Boyd on being a media and entertainment lawyer. View Article
August 14, 2020
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Alerts
IRS Reminds Taxpayers About “Home Office” Deduction Eligibility
With so many people currently working from home, the IRS apparently thought it would be an appropriate time to remind U.S. taxpayers about the availability of “home office” deductions and, in particular, whether they can be claimed when filing 2020 tax returns next year. Read more.
August 11, 2020
Published Articles: In the Press
The Licensing Journal - Advertising
The Licensing Journal published Terri Seligman’s article about brand advertisements using celebrities and their likeness in promotional social media posts. View Article
August 10, 2020
In the Press: Quoted
How Does the FTC’s Proposed New “Made in USA” Rule Work?
The Fashion Law quotes Jeffrey A. Greenbaum on the Federal Trade Commission’s proposed “Made in USA Labeling” rule. View Article
August 7, 2020
In the Press
Lawsuit Filed by Former Martin Agency Exec Tossed from Federal Court; Separate Case Continues in Circuit Court
Richmond BizSense mentions Frankfurt Kurnit as part of the team who represents Martin Agency and Interpublic Group, in a defamation lawsuit filed by a former executive. View Article
August 7, 2020
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Alerts: Estate Planning Law
New York Remote Document Execution Expires August 5th
New York State Executive Order 202.48, issued July 6, 2020, which extended New York’s remote document execution procedures, is set to expire on August 5, 2020. Read more.
August 4, 2020
Alerts: In the Press
HBO Inks First-Look Deal With SVP Talent Development Kelly Edwards
The Hollywood Reporter mentions Lisa E. Davis as counsel to Kelly Edwards. Ms. Edwards will transition from her executive role to focus solely on writing and producing content for HBO, HBOMax and Turner. View Article
August 3, 2020
Alerts
New York Revises Real Estate Foreclosure Procedures
On March 20, Governor Cuomo issued a blanket moratorium on foreclosure by lenders of any residential or commercial property until June 20, 2020. This protection was extended to August 20, 2020 for residential or commercial mortgages owned by someone “that is eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic. On June 24, 2020, New York’s Chief Administrative Judge Lawrence Marks procedurally extended the foreclosure moratorium by forbidding until August 20, 2020: (1) entertaining or deciding any foreclosure cases other than motions to discontinue a pending case and (2) issuing judgments of foreclosure except for vacant and abandoned property. Read more.
July 28, 2020
In the Press: Quoted
A Rare Look Inside Trump’s Immigration Crackdown Draws Legal Threats
The New York Times quotes Victoria Cook on the project “Immigration Nation.” Ms. Cook represents filmmakers Christina Clusiau and Shaul Schwarz. (Behind paywall) View Article
July 24, 2020
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In the Press: Quoted
From Music Star To Avatar: Tech-Savvy Lawyers Share Tips For Negotiating Artist Appearances In Video Games
Billboard quotes Sean Kane on in-game concerts performed by popular music artists. (Behind paywall) View Article
July 24, 2020