In the Press: Praise
Frankfurt Kurnit in Best Lawyers 2010
Best Lawyers ranked Frankfurt Kurnit in its 2010 edition. Read more.
October 11, 2010
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.
In the Press: Quoted
Rick Kurnit Featured in Altsounds.com
Rick Kurnit was one of the panelists at the Entertainment Business Law Seminar at CMJ Music Marathon & Film Festival 2010 in New York City.
October 9, 2010
In the Press: Quoted
Rick Kurnit Quoted in Hartford Courant
Rick Kurnit was quoted in a Hartford Courant article on Attorney General Richard Blumenthal's argument that Craigslist should permanently shut down their adult services section.
October 8, 2010
In the Press: Quoted
Let’s Put on a Show!
Super Lawyers interviewed Jean Ward on her start in the theater and legal industries in "Let's Put on a Show!". View Article
October 7, 2010
In the Press: Quoted
Jeffrey A. Greenbaum Quoted in MediaPost on Environmental Claims
Jeffrey A. Greenbaum was quoted in MediaPost on the new proposed guidelines issued by the FTC restricting marketers' from making broad environmental claims.
October 6, 2010
Alerts: Advertising Law
FTC Announces Proposed Revisions to Green Guides
The Federal Trade Commission announced proposed revisions to their Guides for the Use of Environmental Marketing Claims, or "The Green Guides." The FTC is accepting public comments on the proposed changes until December 10, 2010, after which it will decide which changes to make final. Read more.
October 6, 2010
Alerts: Advertising Law
Ad Groups Announce Self Regulatory Program Regarding Behavioral Ads
A group of the nation’s leading marketers and advertisers announced today further details about a self regulatory program aimed at giving consumers some control over their privacy and the online advertisements they receive. Using behavioral targeting techniques, advertisers send consumers targeted ads based on Web browsing behavior. Read more.
October 4, 2010
In the Press: Quoted
Nicole Hyland Featured in IPFrontline.com
IPFrontline.com featured Nicole Hyland's blog post on an important Australian decision on the copyrightability of newspaper headlines.
September 29, 2010
In the Press: Quoted
Brian Murphy Featured in The Patent and Trademark Copyright Journal
The Patent and Trademark Copyright Journal published Brian Murphy's presentation on fair use and social media issues at 20th All Ohio Annual Institute On Intellectual Property.
September 24, 2010
In the Press: Quoted
Ronald Minkoff’s Letter Mentioned in the Minnesota Law Review
The Minnesota Law Review mentioned Ronald Minkoff's letter on judicial discipline to the ABA's Joint Commission on the Model Code of Judicial Conduct in footnote 134 of its 94th volume.
September 23, 2010
In the Press: Quoted
Jeffrey A. Greenbaum Quoted in The Kipling Letter
Jeffrey A. Greenbaum was quoted in The Kiplinger Letter on FTC' soon-to-be released updated guidelines on using environmental marketing claims on product labels.
September 21, 2010
Alerts: Advertising Law
Federal Gift Card Law Prompts Change in State Law
In July, Hawaii became the first state to conform substantial aspects of its gift card law with the new federal gift card law contained in the "Credit Card Accountability, Responsibility, and Disclosure Act" of 2009. Here is a summary of Hawaii's changes, and a brief look at the gift card legal landscape. Read more.
September 15, 2010
In the Press: Quoted
Frankfurt Kurnit in the NYSBA Entertainment Arts & Sports Law Blog
Frankfurt Kurnit was mentioned in the NYSBA Entertainment, Arts & Sports Law blog for hosting the In-House Counsel Committee and Lawyers in Transition Committee. View Article
September 6, 2010
Alerts: Advertising Law
FTC Subpoenas Marketers of Children’s Food and Beverages
Last week, the Federal Trade Commission began issuing subpoenas to 48 children’s food and beverage marketers seeking data about advertising practices and marketing expenditures dedicated to children. The FTC previously announced that it would be taking this action last May. Read more.
September 2, 2010
Alerts: Advertising Law
PR Firm Settles FTC Charges Regarding Misleading Endorsements
In an important enforcement action following up on the revisions to the endorsement and testimonial guidelines issued last year, the Federal Trade Commission announced today a settlement with a public relations firm, Reverb Communications, Inc., for what the FTC alleges are deceptive advertising practices. Read more.
August 26, 2010
Executive Compensation/Employment Agreement Checklist
The following questions are aimed at obtaining the maximum total compensation package and revealing any weaknesses in the proposed structure. Read more.
August 20, 2010
Alerts: Employment Law
Safe Hiring: Get Applicant Consent Before Checking References
The old joke is that the assets of the agency go up and down in the elevator every day. In other words, people (along with clients and reputation) are an agency’s most important asset, and hiring and keeping key talent has never been more important. Read more.
August 20, 2010
How to Get the Best Talent
As an advertising lawyer, Gavin McElroy, who structures employment agreements for top management and key talent, has seen how successful agencies hire, motivate, and retain key talent. Here are three strategies to land that star (or soon-to-be star) employee. Read more.
August 20, 2010
Negotiating an Employment Relationship in Today’s Economy
Gavin McElroy explores key points about "Negotiating an Employment Relationship in Today's Economy". Read more.
August 20, 2010
In the Press: Quoted
Frankfurt Kurnit Mentioned in The New York Law Journal
Frankfurt Kurnit was mentioned in The New York Law Journal's News in Brief section on our client Joe Berlinger's opposition to Chevron's recent motion for an order requiring the Ecuadorian plaintiffs and their lawyers to preserve evidence relevant to their defense and to supplement their subpoenas.
August 17, 2010
In the Press: Quoted
Terri Seligman Quoted in Advertising Age Story on Novartis Promotion
Advertising Age quoted Terri Seligman in an article about the FDA's regulatory proceeding against drug company Novartis' Facebook promotions. Terri's quote was also recirculated as a "Smart Quote" by SmartBrief in its social media newsletter. View Article
August 11, 2010
Alerts: Advertising Law
FDA’s First Facebook Enforcement Action
In what may signal regulators’ growing focus on advertisers’ use of social media, the FDA recently issued its first Facebook-related citation in connection with Novartis’ use of Facebook’s share function on its Tasigna® website.The FDA cited four ways in which the website and Facebook's "share" widget violated the Federal Food, Drug and Cosmetic Act and the FDA implementing regulations. Read more.
August 9, 2010
In the Press: Quoted
Terri Seligman Joins Frankfurt Kurnit Advertising Group
Terri J. Seligman recently joined our firm as a partner in the Advertising Group. Intellectual Property Today magazine picked up our press release.
August 3, 2010
Alerts: Commercial Litigation
Class Action False Advertising Lawsuit Against Vitaminwater Will Go Forward
A New York federal court is allowing a class action lawsuit brought by consumers from three states, alleging that the labeling for Coca-Cola's vitaminwater is misleading, to go forward. Here’s a summary. Read more.
August 2, 2010
Alerts
Accredited Investor Requirement Changes
There has been a change to the definition of Accredited Investor which may affect your fundraising activities. Under Section 413(a) of the recently enacted Dodd-Frank Act (the "Act"), the Securities and Exchange Commission ("SEC") has been instructed to amend the net worth standard for an "Accredited Investor" as set forth in Securities Act Rules 215 and 501(a)(5) by eliminating from the calculation of net worth the "value of the primary residence" of the investor. Read more.
July 28, 2010
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