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 original deadline for public comments on the Federal Trade Commissions 122-page staff report on privacy, "Protecting Consumer Privacy in an Era of Rapid Change", was January 31, 2011. But because of the nature and complexity of the questions raised, a number of organizations petitioned the FTC for an extension of time in which to comment. Read more.
January 24, 2011
Rick Kurnit was profiled in Bisnow on his experiences in the advertising industry and branded entertainment industry, respectively.
January 21, 2011
Bisnow interviewed Richard Hofstetter on his experiences as an entertainment lawyer and for his views on current hot trends such as branded entertainment and reality television.
January 21, 2011
Frankfurt Kurnit named Mark Merriman a partner to the Entertainment Group. ScreenDaily covered the news. View Article
January 20, 2011
Our client, John Goodman, was mentioned in The Hollywood Reporter for joining the cast of "Extremely Loud" and "Incredibly Close", Stephen Daldry's adaptation of the Jonathan Safran Foer novel.
January 19, 2011
President Barack Obama recently signed into law the "Restore Online Shoppers’ Confidence Act." It was enacted last year in the wake of a Senate Committee investigation into aggressive online marketing tactics, and its prohibitions and restrictions are likely to have a significant impact on certain common forms of online marketing. Read more.
January 14, 2011
Illustrating another example of the FTC's continuing focus on green marketing claims, on Tuesday The Federal Trade Commission reached an agreement with Tested Green, settling allegations that the company sold worthless environmental certifications and falsely represented that its certifications were endorsed by independent firms. Read more.
January 13, 2011
The Local, Sweden's local news site, covered the settlement between our client, Fredrik Colting, and the estate of J.D. Salinger, over the publication of Colting's book, 60 Years Later: Coming Through the Rye. View Article
January 12, 2011
The Network Journal featured Lisa E. Davis on the cover of its "Attorneys at the Top" issue. Read more.
January 6, 2011
The PMA named Jeffrey A. Greenbaum a PMA committee member in its monthly bulletin.
December 27, 2010
CFOZone.com featured Wendy Stryker in an article about a recently filed complaint by the NLRB against an ambulance company, American Medical Response of Connecticut, which said that the firm illegally fired an employee for comments she made on Facebook.
December 21, 2010
The Tax Relief Act of 2010 was overwhelmingly passed by Congress and signed into law by President Obama on December 17, 2010. The new law provides numerous tax benefits for businesses and individuals for the next two years. Read more.
December 16, 2010
The National Law Journal and the New York Law Journal in its "News in Brief" section covered Frankfurt Kurnit's addition of Deborah Wolfe as partner to its Corporate and Finance Group.
December 9, 2010
Last week, Facebook published a revised version of its "Promotions Guidelines" and Twitter updated its guidelines for use of the Twitter name, trademarks and logos. Read more.
December 8, 2010
While an innovative social media campaign can be a great boon to business, corporate America is becoming increasingly aware of the inherent dangers of social media as well. In particular, employees' statements about employers on personal Facebook, Twitter and other social media accounts have the potential to cause a company a PR nightmare, or even subject a company to litigation. Read more.
December 6, 2010
In an attempt to address consumer privacy interests and to "inform policymakers, including Congress, as they develop solutions, policies, and potential laws governing privacy," the Federal Trade Commission issued a comprehensive preliminary staff report raising concerns that despite industry self-regulatory measures, many marketers either do not disclose their data practices or disclose them in unintelligible manner. Read more.
December 2, 2010
The Federal Trade Commission ("FTC") recently announced that EchoMetrix, Inc. settled FTC charges that it failed to adequately inform parents that it made their children’s information available to third-party marketers. EchoMetrix sold a software product that allowed parents to monitor their children’s online behavior. Read more.
December 1, 2010
The end of 2010 brings more than the usual range of estate planning opportunities.As year-end approaches, so does the expiration of the Bush era tax cuts. The lame duck Congress' willingness to enact tax legislation before 2011 looks increasingly unlikely. Read more.
December 1, 2010
In an enforcement action that highlights the recent focus by the Federal Trade Commission ("FTC") on environmental and energy marketing issues, the FTC announced yesterday settlements with three online retailers arising out of their allegations that their the websites violated the FTC’s Appliance Labeling Rule. Read more.
November 2, 2010
Gamasutra published S. Gregory Boyd's article "Video Game Regulation and the Supreme Court: Schwarzenegger v. Entertainment Merchants Association". View Article
November 1, 2010
Rick Kurnit spoke on the latest developments in publicity rights at the Entertaiment Business Law Seminar held on Friday, October 22 at the New York University's Helen and Martin Kimmel Center. Corporate Counsel picked up the news.
October 26, 2010
Jeffrey A. Greenbaum spoke on the "Lawyers On The Clock: 12 Legal Issues You Need To Know" panel at the Association of Independent Commercial Producers (AICP) conference on October 26 at The TimesCenter in New York. SHOOT Magazine mentioned the news.
October 22, 2010
Bloomberg Law's Lee Pacchia interviewed Jeffrey A. Greenbaum on the Federal Trade Commission's recent guidelines on environmental marketing claims relating to products, services or business practices.
October 15, 2010
The GALA Gazette published Jeffrey A. Greenbaum's article on the FTC's recent revisions to its "Guides Concerning the Use of Endorsement and Testimonials in Advertising".
October 14, 2010
Cameron Myler, a Luge Olympian, was honored as one of the top female athletes at the Women’s Sports Foundation’s 31st Annual Salute to Women in Sports awards dinner.
October 13, 2010
We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
