In the Press: Quoted
Pierce Bainbridge Funder Targets Ex-Partners In Debt Chase
Law360 quotes Ronald C. Minkoff about a funders’ purported lien on Pierce Bainbridge assets. (Behind paywall) View Article
April 23, 2020
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.
Law360 quotes Ronald C. Minkoff about a funders’ purported lien on Pierce Bainbridge assets. (Behind paywall) View Article
April 23, 2020
The Wall Street Journal quotes Sean Kane on the legality of betting on one’s ability to win at competitive videogames. View Article
April 22, 2020
MediaPost Raw quotes Jeffrey A. Greenbaum on the FTC’s recent complaint against online retailer Fashion Nova over their failure to properly refund customers. Mr. Greenbaum notes this case is a warning to other online retailers. View Article
April 21, 2020
MediaPost quotes Jeffrey A. Greenbaum on the Michigan Governor’s order restricting advertisements. View Article
April 17, 2020
Law360 lists Ronald C. Minkoff’s article “Judicial Shaming of Attorneys is Troubling Even During Pandemic” as one of the top 10 most read expert analyses. (Behind Paywall) View Article
April 13, 2020
Individuals or corporations that have quarterly estimated tax payments due between April 1 and July 15, 2020 can wait until July 15 to make that payment without penalty. Read more.
April 9, 2020
Lexology Getting the Deal Through published the 2020 edition of Advertising & Marketing. Terri Seligman and Rick Kurnit authored the USA Chapter and Rick served as contributing editor. View Article
April 9, 2020
In recent years the video game industry has been the subject of several lawsuit trends, including suits related to dance moves within video games and suits related to tattoos on persons depicted in video games. Two recent victories for game publishers have altered the risk calculus for use of third-party intellectual property. Read more.
April 9, 2020
The American Lawyer quotes Tyler Maulsby on the challenges law firms face when applying for Paycheck Protection Program relief. (Behind paywall) View Article
April 8, 2020
Shoot Online mentions the Global Advertising Lawyers Alliance webinar, “COVID-19 & Consumer Protection: Global Advertising in a Time of Crisis.” Jeffrey A. Greenbaum is a speaker during the webinar. View Article
April 8, 2020
On April 7, 2020, Governor Cuomo issued Executive Order No. 202.14, which allows for audio-video witnessing of Wills, Trusts, Powers of Attorney, Health Care Proxies and Appointments of Agent for Disposition of Remains. Read more.
April 8, 2020
A series of New York Executive Orders in response to COVID-19 are now interrupting normal business operations for nearly all landlords and commercial tenants -- including in the office, retail, restaurant and manufacturing sectors. Read more.
April 6, 2020
Law360 quotes Christopher R. Chase on the changes to sponsor deals because of the Olympics postponement. (Behind paywall) View Article
April 6, 2020
Law360 published Ronald C. Minkoff’s article “Judicial Shaming of Attorneys is Troubling Even During Pandemic.” View Article
April 6, 2020
The recently passed Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) created a program called the Paycheck Protection Program (the “PPP”), which makes certain loans available to small businesses. Read more.
April 4, 2020
Shoot Online shared Christopher R. Chase’s blog post “2020: The Force Majeure Awakens.” View Article
April 1, 2020
Shoot Online shared Brian G. Murphy’s blog post “R.I.P. Inverse Ratio Rule: Skidmore v. Led Zeppelin.” View Article
March 31, 2020
The Coronavirus Aid, Relief, and Economic Security Act passed by Congress and signed by the President on March 27 (the “CARES Act”) contains a number of tax relief provisions for individuals and businesses intended to ameliorate the economic impact of the Coronavirus pandemic. Read more.
March 30, 2020
Employers are reminded that the new Families First Coronavirus Act will go into effect commencing on April 1, 2020 and continuing through December 31, 2020. Employers should not only be aware of the law’s key provisions, but know how to stay complaint and provide mandatory notice to employees. Read more.
March 30, 2020
The Hollywood Reporter includes Andrew Hurwitz in its Power Lawyers 2020: Hollywood’s Top 100 Attorneys list. View Article
March 28, 2020
On March 27th, the House passed and the President signed the Coronavirus Stimulus package, now known as the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act pumps $2.2 trillion into the American economy to combat the effects of the Coronavirus. Below is a summary of the key provisions of the CARES Act that will provide assistance to workers and small businesses. Read more.
March 28, 2020
The New York Times distributed the Super Lawyers list of the New York Metro Area's Top Women for 2020. Fourteen Frankfurt Kurnit attorneys made the list: Wendy Stryker (Employment Law), Victoria Cook, Lisa Davis & Jean Ward (Entertainment Law), Barbara Shiers (Estate Planning & Probate), Catherine Farrelly (Intellectual Property), Kim Maynard & Maura Wogan (Intellectual Property Litigation) Candice Kersh & Terri Seligman (Media and Advertising). Marcie Cleary & Sasha Levites (Entertainment Law), and Rachel Santori (Intellectual Property Law) are listed as "Rising Stars."
March 28, 2020
BTI Consulting includes Frankfurt Kurnit on their list of Leading Law Firms in Cybersecurity & Data Privacy for 2020. View Article
March 24, 2020
The ongoing COVID-19 crisis has prompted a number of new federal and state laws related to employee leave and sick leave. This alert will highlight recent changes in federal and New York law. Read more.
March 23, 2020
Last week, we told you about the U.S. Treasury’s decision to permit the deferral of tax payments until July 15, 2020. In a sign of the rapid pace of change in the current environment, the IRS on Friday issued a superseding notice, Notice 2020-18, in which it expanded the emergency relief previously announced in Notice 2020-17. Read more.
March 23, 2020
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