In the Press
Thomas & Mercer Signs Three from Koontz
The Bookseller mentions Richard Heller as counsel to Dean Koontz. View Article
December 14, 2020
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 Bookseller mentions Richard Heller as counsel to Dean Koontz. View Article
December 14, 2020
MediaPost quotes Jeffrey A. Greenbaum on the Federal Trade Commission’s view that removing negative reviews may mislead consumers. View Article
December 10, 2020
The INTA Bulletin published Kimberly Maynard’s article “Failure to Show Use on Component Goods.” (Behind paywall) View Article
December 10, 2020
The Hollywood Reporter includes Lisa E. Davis and Michael Williams in its Power Lawyers list of the top entertainment attorneys in New York. View Article
December 9, 2020
Law360 quotes Jeremy Goldman on a typeface dispute between Banana Republic and a design company. (Behind paywall) View Article
December 9, 2020
Variety includes Sean Jefferson in their Dealmakers Impact Report “Up Next” list for 2020. View Article
December 9, 2020
Business Insurance includes Terri Seligman’s blog post “Do marketers need to show their work when making math-based claims? Or, how much coffee DO you need to make a good cup?” in their coverage of a class-action lawsuit against the Folger Coffee Co. View Article
December 9, 2020
Irish Legal 100 named Catherine Farrelly and Sean Kane to their list for 2020.
December 9, 2020
On December 6, 2020, the California Department of Public Health placed the Southern California Region -- which includes Los Angeles, Orange, Riverside, Ventura, Santa Barbara and San Diego Counties -- under a Regional Stay at Home Order as a result of ICU capacity in the region dropping below 15%. Read more.
December 8, 2020
Global Legal Chronicle mentions Mara Canner as counsel to Pereira & O’Dell on their transaction with Serviceplan Group. View Article
December 3, 2020
As part of its emergency response to protect workers from exposure to hazards related to COVID-19, the Cal/OSHA Safety and Health Standards Board (the “Board”) has unanimously adopted emergency temporary regulations that require almost all California employers[HM1] to have a written COVID-19 Prevention Plan (“CPP”) which can be integrated into the employer’s already mandated Injury Illness and Prevention Plan. Read more.
December 2, 2020
Deadline mentions Lisa E. Davis as a guest speaker during “Producers 101,” the first educational program from the newly formed Theatre Producers of Color organization. View Article
December 1, 2020
Variety mentions Frankfurt Kurnit as counsel to Kelley Carter. View Article
November 24, 2020
Law360 quotes Ronald C. Minkoff on whether a NY State Supreme Court judge may have violated judicial ethics rules. (Behind paywall) View Article
November 23, 2020
On November 13, 2020, Frankfurt Kurnit held its Third Annual Litigation Ethics Summit, consisting of three hour-long panels, earning the attendees three ethics CLE credits in New York and California. Read more.
November 19, 2020
Many employers have implemented COVID-19 safety protocols for their employees based upon various government regulations, orders, and guidance as well as genuine concern for the health and well-being of the employees. But, do those employers have an obligation to compensate their employees for time spent going through the employer’s required COVID-19 safety protocols? One California employer is finding out the hard way. Read more.
November 17, 2020
The Hollywood Reporter mentions Tricia Legittino and Daniel Goldberg on how Proposition 22 and 24 may impact the entertainment industry. View Article
November 15, 2020
The Interactive Advertising Bureau (IAB) mentions Daniel Goldberg as a roundtable leader for his contributions to discussions on the California Consumer Privacy Act. View Article
November 15, 2020
One News Page shared Jeffrey Marks’ article “Do Telecommuters Working In Another State Owe New York State Income Taxes?” View Article
November 5, 2020
Law360 published Jeremy S. Goldman’s article “Designers, Beware Copyright Office Font Protection Reversal” about the extent to which fonts are subject to copyright protection. (Behind paywall) View Article
November 5, 2020
U.S. News & World Report and Best Lawyers "Best Law Firms" ranked Frankfurt Kurnit nationally in "Tier 1" in Advertising, Copyright, Entertainment - Motion Pictures and Television, Trademark, and Trusts & Estates Law, "Tier 2" in Commercial Litigation, Litigation - Intellectual Property, Litigation - Regulatory Enforcement (SEC, Telecom, Energy) and Media Law. View Article
November 5, 2020
The USC Gould Alumni Newsletter mentions Daniel Goldberg’s promotion to partner.
November 5, 2020
MarketScreener shared Kimberly Maynard’s blog post “Federal Circuit Clarifies Standing For Trademark Cancellation Proceedings.” View Article
November 5, 2020
IP Litigator published Kimberly Maynard’s article “TTAB Refuses Application for Motion Mark in Precedential Opinion” in the September/October 2020 issue. View Article
November 4, 2020
By Executive Order 202.72 issued November 3, 2020, New York’s remote notarization and document execution procedures are extended through December 3, 2020. Read more.
November 4, 2020
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