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.
The New York Stock Exchange and Caxton Business & Legal Publishers published Jay Rand’s article, Structuring a Strategic Alliance, in their new book, The Entrepreneur’s Roadmap — from Concept to IPO. View Article
July 11, 2017
On June 1, 2017, Washington State joined Illinois and Texas as the third state to pass a biometric privacy law. The law, H.B. 1493, which goes into effect July 23, 2017, covers any business entity that collects biometric identifiers for commercial purposes. Read more.
July 11, 2017
Last week Frankfurt Kurnit's Advertising Group proudly hosted "A Twenty-Year NAD Retrospective: The Levine Legacy," an ABA program honoring Andrea Levine, on the occasion of her retirement as Director of NAD. With NAD transitioning to new (as yet unnamed) leadership, we thought it would be a good time to review some of the best practices that guide NAD practitioners every day. Read more.
July 10, 2017
IPWatchdog interviewed Catherine Farrelly about why Gene Simmons’ trademark application for a hand gesture was likely to fail. View Article
June 30, 2017
The Capitol Forum quoted Terri Seligman on whether Nutrisystem’s diet plan marketing — specifically, its negative option offer — violates the Restore Online Shopper’s Confidence Act (ROSCA). View Article
June 30, 2017
Last week, the Federal Trade Commission ("FTC") released a new report, Six-Step Compliance Plan for Your Business, to help companies understand their obligations under the Children's Online Privacy Protection Act ("COPPA"). Read more.
June 28, 2017
Law360 quoted Catherine Farrelly on why Gene Simmons may have withdrawn a controversial trademark application. View Article
June 23, 2017
Consequence of Sound quoted Catherine Farrelly on why Gene Simmons may have withdrawn his “horns” trademark application. View Article
June 23, 2017
Rick Kurnit and Hannah Taylor edited the 2017 version of "Getting the Deal Through — Advertising & Marketing 2017", a publication providing expert advice on the latest developments in the legislation, regulation and technological trends affecting advertising and marketing in key economies worldwide. View Article
June 23, 2017
In a cautionary tale for marketers, two courts recently found satellite TV provider Dish Network ("Dish") liable for repeated and willful violations of federal and state telemarketing laws. Read more.
June 23, 2017
The New York Law Journal quotes Lisa E. Davis, who attended the New York City Bar Association's third annual Diversity and Inclusion Conference. (Link behind a paywall.) View Article
June 22, 2017
The Anti-Defamation League (ADL) awarded our law firm the Edward Brodsky Founders Award in recognition of our work for the ADL in the Trump “travel ban” cases. Bloomberg BNA and The New York Law Journal summarized our amicus brief arguments, covered our award, and explained how our brief came together.
June 21, 2017
The National Law Journal quoted Catherine Farrelly on the US Supreme Court’s recent decision on disparaging trademarks. (Article behind paywall) View Article
June 21, 2017
Broadcasting & Cable quoted Catherine Farrelly on whether the Washington Redskins trademarks could be reinstated under the recent Supreme Court decision in Matal v. Tam. View Article
June 21, 2017
On June 19, 2017, the Supreme Court unanimously ruled in Matal v. Tam that Section 2(a) of the Lanham Act, which prohibits the federal registration of disparaging trademarks, is unconstitutional because it violates "a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend." Read more.
June 20, 2017
One of the nation's most prominent video game associations has decided to challenge Chicago's controversial "Cloud Tax." Read more.
June 16, 2017
The Legal 500, a London-based directory of leading lawyers, listed Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) in Tier 1 in its 2017 edition Read more.
June 15, 2017
For the thirteenth consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit. Chambers USA ranked us for our: Advertising: Transactional & Regulatory, Intellectual Property: Trade Mark & Copyright, Media & Entertainment: Entertainment Litigation, and Media & Entertainment: Film, Music, Television & Theater work. Read more.
June 13, 2017
Ron Minkoff was quoted by Law360 on anti-attorney bias and malpractice suits here.
June 12, 2017
The ADL New York region is presenting Frankfurt Kurnit with an award for our pro bono efforts in opposing the immigration ban. The award will be given at ADL’s annual meeting on Tuesday, June 20, 2017 at the Jewish Museum, 1109 5th Avenue.
June 9, 2017
New York Law Journal coverage of the New York State Bar Committee on Technology and the Legal Profession noted that Ron Minkoff is a member of the committee. (Article behind paywall) View Article
June 6, 2017
Andrew Hurwitz is featured in Crain's New York Business at a fundraising dinner for Services for the UnderServed (see photo #3 of 6). View Article
June 5, 2017
SHOOT’s Directors/Producers Forum and evening New Directors Showcase, both held at the DGA Theatre in NYC on Thursday, May 25, offered a wide range of insights and observations, as well as substantive exposure for up-and-coming filmmaking talent. The Forum featured Jeff Greenbaum and Victoria Cook. Here’s a rundown of Forum proceedings. Read more.
June 2, 2017
The FTC staff recently sent out more than 90 letters reminding influencers and marketers that influencers should clearly and conspicuously disclose their relationship to brands when promoting or endorsing products through social media. Read more.
May 30, 2017
Frankfurt Kurnit is pleased to announce we have been nominated for a "Chambers Women in Law Award" -- Outstanding Firm in Advancing Gender Diversity and Inclusion. According to Chambers, the awards mark the 'internationally-recognised achievement of excellence in furthering the advancement of women within the legal sphere. The Awards seek to recognise these achievements, empower the people behind innovative women’s initiatives, and give greater visibility to gender diversity.'
May 26, 2017
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