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.
Alerts: Legal Ethics and Professional Responsibility
A Primer On New York’s COVID-19 Executive Orders and What They Mean for Your Practice
This past week, New York has taken a number of steps to restrict movement in and around the State in an effort to contain the COVID-19 crisis. Governor Andrew Cuomo has issued executive orders and the chief judges of the state and federal courts have issued administrative orders that have had a sweeping impact on the legal industry as well as the business community at large. Read more.
March 22, 2020
Published Articles
United States Court Issues Incarceration Order for Failure to Comply with Trademark Injunction
The INTA Bulletin published Kimberly M. Maynard’s article “United States Court Issues Incarceration Order for Failure to Comply with Trademark Injunction.” View Article
March 22, 2020
In the Press: Quoted
Charleston Boat Tour Companies Go Head-to-Head Over Trademarking Name
The Post and Courier quotes Kimberly M. Maynard on a trademark dispute between two boat tour companies. View Article
March 20, 2020
Alerts: Employment Law
California WARN Act Requirements Suspended by Governor
On March 18th, California Governor Newsom, at the urging of the Hollywood Chamber of Commerce, granted some relief to business owners in the state by suspending the requirements of the California WARN Act. Read more.
March 20, 2020
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In the Press
Fort Point Capital Invests in Barrington Media Group, LLC
Fort Point Capital mentions Frankfurt Kurnit as counsel in their deal with Barrington Media Group, LLC. View Article
March 19, 2020
Alerts
Tax Alert: Payment Deferral Provisions
Following the declaration of a national emergency on March 13th, the U.S. Treasury Secretary stated at a press conference on March 17th that individual taxpayers would be permitted to defer tax payments up to $1 million for 90 days and corporations would be able to defer tax payments of up to $10 million for 90 days. Read more.
March 19, 2020
Alerts: Employment Law
Are Layoffs and Closures Caused by COVID-19 Exempt from WARN Act Notices?
With the news of the spread of COVID-19 changing faster than any of us can keep up with, one of the many questions facing employers is: What are their obligations to employees if they have to shut down workplaces temporarily, or permanently, as a result of the COVID-19 outbreak. Read more.
March 18, 2020
In the Press
NY County Says Meyer Suozzi Betrayed It In Opioid Case
Law360 mentions Ronald C. Minkoff as counsel to Nassau County in a suit with their former law firm over the opioid crisis. (Behind paywall) View Article
March 17, 2020
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Frankfurt Kurnit Adds New Charitable Organizations Partner
Frankfurt Kurnit has added J.J. Harwayne Leitner as a partner in the firm’s Charitable Organizations Group, as well as in the firm’s Estate Planning & Administration Group. Read more.
March 12, 2020
In the Press: Quoted
Tentacles of Olympic Cancellation Would Reach Around Globe
The Associated Press quotes Christopher R. Chase on the effect of force majeure contract clauses due to the COVID-19 pandemic. The article has been picked up by over 100+ media outlets. View Article
March 11, 2020
In the Press
‘Guardians of the Galaxy’ Writer Nicole Perlman Signs With WME (Exclusive)
The Hollywood Reporter mentions Frankfurt Kurnit as counsel to Nicole Perlman who signed with WME for directing and producing. View Article
March 9, 2020
In the Press
NY Bar Calls For ‘Safe Harbor’ Rule On Fee-Based Referrals
Law360 mentions Ronald C. Minkoff as part of the task force that created the New York County bar report studying legal, ethical and policy issues related to fee-based services. (Behind paywall) View Article
March 5, 2020
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In the Press
Witchcraft Motion Picture Company Acquires Rights to Thriller ‘Empire Of Dirt’
Deadline mentions Victoria Cook as counsel to Rod Blackhurst who will direct the upcoming film “Empire of Dirt” under his Witchcraft Motion Picture Company. View Article
March 5, 2020
Alerts: Sports Law
February Sports Industry News 2020
Here’s what’s happening at the intersection of sports, marketing, and entertainment law as we make it through the Winter. Read more.
February 28, 2020
Alerts: Estate Planning Law
SECURE Act Signals Significant Changes for Estate and Retirement Planning
The SECURE Act (which stands for “Setting Every Community Up for Retirement Enhancement”) was enacted at the end of last year and makes several significant changes to the laws governing retirement accounts. The changes will have consequences for both retirement and estate planning. Read more.
February 26, 2020
In the Press
Kylie Jenner Gets Pushback in Bid to Trademark ‘Stormi World’
Wonderwall mentions Frankfurt Kurnit in their coverage of Kylie Jenner’s effort to trademark “Stormi World.” View Article
February 21, 2020
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In the Press: Praise
Best Midsize Law Firms in New York 2020
Vault ranks Frankfurt Kurnit as one of the best midsize law firms in New York. View Article
February 18, 2020
In the Press: Quoted
Staten Island Prosecutors are Creating a List of Cops They Don’t Trust to Testify
The Gothamist quotes Tyler Maulsby on the list of NYPD officers that Staten Island prosecutors won’t allow to testify in court. Tyler notes the list will help minimize inconsistencies in how cases are handled each time one of those officer’s names comes up in a case. View Article
February 18, 2020
In the Press: Quoted
FTC To Review Influencer Marketing
Digital News Daily quotes Jeffrey A. Greenbaum on the Federal Trade Commission’s review of its endorsement guides. Mr. Greenbaum notes substantial revisions will come out of the review. View Article
February 13, 2020
In the Press: Praise
Catherine Farrelly and Edward Rosenthal in WTR 1000 2020
Catherine Farrelly and Edward H. Rosenthal are ranked in the latest edition of the World Trademark Review 1000 – The World’s Leading Trademark Professionals. View Article
February 13, 2020
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In the Press: Praise
Frankfurt Kurnit in WTR 1000 2020
Frankfurt Kurnit is included in World Trademark Review 1000 – The World’s Leading Trademark Professionals for 2020. WTR says, “Frankfurt Kurnit ascends to the silver tier for prosecution and strategy in this year. The team is working on a lot of cutting-edge matters and obtaining great results.” View Article
February 13, 2020
In the Press
Dee Rees Tackling ‘Porgy and Bess’ Remake for MGM
The Hollywood Reporter mentions Frankfurt Kurnit as counsel to Dee Rees who will write and direct the upcoming musical “Porgy and Bess.” View Article
February 12, 2020
In the Press: Quoted
The Latest Ruling in Kesha’s Legal Battle puts Celebrities on the Hook for Anything They Say, Anywhere
Mic quotes Jeremy S. Goldman on the legal battle between singer Kesha and producer Dr. Luke. View Article
February 10, 2020
In the Press
Legal Face-Off Podcast
Tricia Legittino discusses the upcoming PBS trial against Tavis Smiley and the impact of morals clauses in talent agreements on WGN Radio’s Legal Face-Off podcast. Listen to the podcast here.
February 7, 2020
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Alerts: Legal Ethics and Professional Responsibility
ABA Opinion Limits Restrictions on Departing Partners
There’s important news for law firm leaders who have recently revised partnership and shareholder agreements to restrict partner departures. In ABA Formal Opinion 489, the ABA Standing Committee on Ethics and Professional Responsibility spells out new limits on notice periods, on rules governing communications with clients, and on so-called “ownership” of clients. Here’s what firm managers need to know to stay on the right side of the ethics rules. Read more.
February 6, 2020
