Alerts: Sports Law
Summer Sports Industry News
Here's what's happening at the intersection of sports, marketing, and entertainment law as we close out the Summer. Read more.
August 15, 2018
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: Privacy & Data Security Law
Are You Ready for the New York Cybersecurity Regulations’ September 3rd Deadline?
Financial institutions and insurance companies operating in New York have until September 3, 2018 to comply with the next phase of New York's Cybersecurity Regulations. Here's what you need to know to avoid regulatory scrutiny. Read more.
August 10, 2018
Law360 lists Hannah Taylor as Rising Star
Hannah Taylor is listed as one of five consumer protection attorneys under 40 honored by Law360 as Rising Stars. (Behind paywall) View Article
August 7, 2018
Published Articles: In the Press
Tips on Negotiating Key Legal Agreements in Games
Gamasutra published a chapter from Gregory Boyd, Sean Kane and Brian Pyne's new book -- "Video Game Law: Everything You Need to Know about Legal and Business Issues in the Game Industry." The book serves as a resource for videogame entrepreneurs breaking in to the field and also for seasoned interactive entertainment executives. Gamasutra published the chapter on negotiation tactics. View Article
August 3, 2018
Yes, Downloading Nintendo ROMs Is Illegal (Even if You Own the Game)
Tom’s Hardware, an online publication focused on technology, quotes Sean Kane and Gregory Boyd about copyright violations that arise from game sharing sites. View Article
August 3, 2018
Published Articles
How Major League Soccer’s Transfer and Acquisition Rules Affect its Standing in the International Transfer Market…to its Detriment
The European Leagues legal newsletter published Christopher R. Chase’s article “How Major League Soccer’s Transfer and Acquisition Rules Affect its Standing in the International Transfer Market…to its Detriment.” Mr. Chase discusses how the Major League Soccer’s transfer rules differ from FIFA’s Rules on the Status and Transfer of Players (which are used in Europe). View Article
August 3, 2018
In the Press
‘This Is Us’ Enlists ‘Mudbound’ Actor for Political Storyline in Season 3
The Hollywood Reporter mentions Frankfurt Kurnit as counsel to Rob Morgan who will have a recurring role in the upcoming third season of This is Us. View Article
July 31, 2018
In the Press: Praise
Frankfurt Kurnit Named to List of “Best Law Firms for Women” 2018
We are very pleased to announce that Working Mother magazine has once again named Frankfurt Kurnit to its "Best Law Firms for Women" list. View Article
July 31, 2018
In the Press: Praise
Law360 Names Top Attorneys Under 40
Law360 lists Hannah Taylor as a Rising Star in their Consumer Protection category. The 2018 list includes 168 attorneys under 40 whose legal accomplishments transcend their age. (Behind paywall) View Article
July 31, 2018
Published Articles
Getting the Deal Through: Advertising & Marketing 2018
Getting the Deal Through published the 2018 edition of Advertising & Marketing. Rick Kurnit and Hannah Taylor authored the USA Chapter and Rick served as contributing editor. View Article
July 25, 2018
In the Press: Quoted
Texas Bank Countersues Consultants For $10.5M Stock Buy
Law360 quotes John B. Harris on the TBM Consulting Group v Lubbock National Bank case (E.D. N.C.) – a case seeking to hold the bank responsible for losses in TBM’s ESOP. The article mentions John Harris as counsel to plaintiffs TBM Consulting Group Inc. (Behind paywall) View Article
July 16, 2018
Alerts: Employment Law
New York State Adds Employment Practices Form to Film Tax Credit Application
In May, we circulated an update about New York State and New York City's new anti-harassment laws and how to comply with them. Read more.
July 13, 2018
Alerts: Privacy & Data Security Law
New California Privacy Law Calls for Significant Changes
On the heels of the European General Data Protection Regulation (GDPR), California has now passed a digital privacy law that gives consumers more control over their personal information online. Read more.
June 29, 2018
In the Press
ADL Saddened and Outraged at Supreme Court Decision Upholding Muslim Ban
ADL online mentioned Frankfurt Kurnit as the firm who prepared an amicus brief urging the U.S. Supreme Court to uphold lower court rulings that blocked the President’s third attempt at a travel ban. View Article
June 27, 2018
In the Press
Black Enterprise Covers the American Black Film Festival 2018
Black Enterprise includes Lisa E. Davis in its coverage of the American Black Film Festival in Miami. Ms. Davis spoke about protecting intellectual property and executing talent contracts during the "Business of Entertainment Seminar: Unlocking the Mystery of Deal Points." View Article
June 25, 2018
In the Press: Quoted
Cuba Issues Consumer Protection Rules
The World Trademark Review quotes Jeffrey Greenbaum on Cuba’s new consumer protection rules.
June 25, 2018
In the Press: Quoted
Indians Pitcher Trevor Bauer Sues Louisiana Trainer for Unauthorized Use of Likeness
Yahoo Sports quotes Edward H. Rosenthal on major league pitcher Trevor Bauer’s lawsuit alleging unauthorized use of his likeness and image by training company TopVelocity. View Article
June 22, 2018
Alerts: Advertising Law
Get Ready for California’s New “Automatic Renewal” Rules
California recently amended its Automatic Purchase Renewals law. The amended statute - effective July 1st -- require marketers to provide consumers of automatic renewal or continuous service offers with more information and easier ways to terminate. Read more.
June 22, 2018
In the Press
New Media Doesn’t Mean New Rules: The Challenges of Chatbots
Social Media Week online covers Daniel Goldberg and Hannah Taylor’s discussion about chatbots on the main stage at Social Media Week Los Angeles. View Article
June 21, 2018
In the Press
Hayden Goldbatt in Michigan Alumnus magazine
Michigan Alumnus magazine notes Hayden Goldbatt’s promotion to partner in their Summer 2018 edition. View Article
June 21, 2018
In the Press
Play-Doh Scent Registration May Serve As Trademark Model
Bloomberg BNA spotlights Catherine Farrelly as the lawyer behind Hasbro Inc.’s successful registration of the iconic Play-Doh scent. The article notes that “scents are the rarest” non-traditional trademarks to register.
June 20, 2018
Published Articles
Video Game Law: Everything You Need To Know About Legal and Business Issues in the Game Industry
Gregory Boyd, Sean Kane and Brian Pyne wrote Video Game Law: Everything You Need To Know About Legal and Business Issues in the Game Industry, published by Taylor & Francis/CRC Press. The book is available for pre-order on Amazon and ships August 7, 2018. It serves as a comprehensive resource not only for videogame entrepreneurs breaking in to the field, but also for seasoned interactive entertainment executives. View Article
June 19, 2018
In the Press
Desus & Mero Set To Headline Showtime Late-Night Talk Show
Deadline mentions Frankfurt Kurnit as counsel to Desus Nice and The Kid Mero who will headline a weekly late-night talk show on Showtime. View Article
June 19, 2018
In the Press: Praise
Media Law International Praises Frankfurt Kurnit Media Practice
Media Law International ranks Frankfurt Kurnit in “Tier 2” in its specialist guide of global leaders in media law. The guide praises Jeffrey A. Greenbaum and S. Gregory Boyd individually. View Article
June 19, 2018
In the Press: Quoted
US World Cup Selection A Boon For Soccer Deal Attorneys
Law360 quotes Christopher Chase on the advertising benefits the 2026 World Cup will bring to the United States. View Article
June 15, 2018
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