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
New York Extends Restrictions on Evictions, Foreclosures, and Enforcement of Personal Liability Provisions
The ongoing pandemic continues to affect New York real estate landlords and tenants. We provide an update on recent developments. Read more.
September 30, 2020
Alerts
New York Permits Gyms, “Low-Risk” Arts & Entertainment, Amusement Parks, Gaming Sites, Malls and Restaurants to Reopen With Restrictions
We provide an update on Governor Cuomo’s four-phase New York Forward Plan to gradually permit businesses to reopen by region in New York State. Read more.
September 29, 2020
Alerts: Employment Law
California Codifies When COVID-19 Illness Will Be Presumed Job-Related for Workers’ Compensation Purposes
We give a rundown of who is covered under SB 1159 -- an important new law that all California employers need to understand. Read more.
September 29, 2020
Alerts: Employment Law
EEOC Again Updates Key Guidance for Employers Reopening Workplaces
On September 8, 2020, the EEOC again updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update contains important new guidance to help employers manage employee requests lawfully while reopening offices and other workplaces. Read more.
September 29, 2020
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Alerts: Employment Law
Deadline: New York Sick Leave Law Takes Effect September 30th
The new mandatory New York State Sick Leave Law (NYSSLL) goes into effect September 30, 2020. First enacted in April 2020, the law requires New York employers of all sizes to provide employees with the right to accrue varying amounts of either sick or unpaid sick leave depending on employer size and income. Employees may be restricted from using sick leave until January 1, 2021. Read more.
September 29, 2020
In the Press: Quoted
Finding Outside Help to Finance Movies: Pandemic Uncertainty Has Prompted the Studios to Partner with New Investors
The Los Angeles Times quotes Sean Jefferson on different approaches to film financing due to the pandemic. View Article
September 28, 2020
In the Press: Quoted
Attys Brace For Tidal Wave Of Pandemic-Era Malpractice Suits
Law360 quotes Nicole Hyland on future ethics and misconduct issues lawyers could face due to the pandemic. View Article
September 28, 2020
In the Press
‘Suicide Squad’ Spinoff Series ‘Peacemaker’ Starring John Cena From James Gunn Set at HBO Max
The Hollywood Reporter and Variety mention Frankfurt Kurnit as counsel to writer-director James Gunn. View Article
September 24, 2020
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Alerts: Entertainment Law
Major Studios and Guilds Forge New COVID-19 Production Safety Agreement
As production begins to restart in an ever changing COVID-19 landscape, The Alliance of Motion Picture and Television Producers (AMPTP) and other major studios announced an important deal with the DGA, IATSE, Teamsters, Basic Crafts, and SAG-AFTRA -- meant to ensure the safety and security of their members during the upcoming months. Read more.
September 22, 2020
Alerts
Four COVID-19 Litigation Trends That Are Affecting Businesses and Individuals
It has been six months since the initial wave of government mandated “stay-at-home” orders due to the COVID-19 pandemic. During this time, we have seen at least four important litigation trends emerge. Here’s a rundown of these trends and how they are affecting businesses and individuals. Read more.
September 22, 2020
Alerts
Take Five Steps to Ensure Better Remote Mediations
The current COVID-19 crisis has forced businesses and their counsel to undertake remote mediations. The cost savings, convenience, and expedited scheduling associated with remote mediations guarantee that they will continue in the future, including well after COVID-19 abates. Here are five steps all clients and practitioners can take to help optimize their mediations. Read more.
September 22, 2020
Alerts
Are You Liable When Employees or Customers Contract COVID-19?
With businesses continuing to reopen, one critical concern is the potential for liability if individuals become severely ill or die from a COVID-19 infection after frequenting the business. Personal injury and wrongful death claims based on COVID-19 are already being filed against businesses across the country. Read more.
September 22, 2020
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Frankfurt Kurnit Elects Seven New Partners
Frankfurt Kurnit has elected as partners Tiffany R. Caterina, Marcie Cleary, Daniel M. Goldberg, Sasha H. Levites, Tyler Maulsby, Julie Murray, and Adam J. Osterweil. The promotions take effect January 1, 2021. Read more.
September 18, 2020
In the Press
FilmNation Entertainment Inks Multi-Year TV Development Fund Deal With Wishmore
Deadline mentions Victoria Cook and Lee Goldberg who negotiated the development fund on behalf of Wishmore. View Article
September 18, 2020
Published Articles: In the Press
The Unique Challenges Of Protecting A Law Firm Brand
Law360 publishes Kimberly Maynard and Tyler Maulsby's article "The Unique Challenges Of Protecting A Law Firm Brand." The article discusses trademark and branding challenges that law firms face. View Article
September 15, 2020
In the Press
Another Good Comment on the Recently Approved Changes to Regulation in Arizona
Professor Alberto Bernabe from The University of Illinois at Chicago John Marshall Law School shared Ronald C. Minkoff’ s blog post “Arizona's Sweeping Rule Changes Permit More Non-Lawyer Involvement in Legal Services” on his own Professional Responsibility blog. View Article
September 14, 2020
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In the Press: Quoted
The Law Firm Disrupted: The Delaware of the Law Firm World?
Law.com speaks with Tyler Maulsby on the Arizona Supreme Court rule change to allow outside ownership of law firms. View Article
September 14, 2020
In the Press: Praise
Vault Rankings 2021
We are excited to be on Vault's 2021 list of the Best Midsize Law Firms, and Vault's list of the Best Law Firms for Media, Entertainment, & Sports.
September 14, 2020
Alerts
CDC Issues Residential Eviction Moratorium
On September 4, 2020, Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS) issued a federal ban on residential evictions until December 31, 2020 to stop the spread of COVID-19. Read more.
September 9, 2020
Alerts
Sued If You Do, Sued if You Don’t: School Reopening Decisions Create Legal Exposure
Tax- exempt organizations have suffered uniquely during the pandemic. Museums and other arts and cultural institutions have been shuttered, and donations to organizations not focused on COVID-19 remediation are down. Amidst that, perhaps no other group of tax-exempt organizations faces as many challenges today as schools. Read more.
September 8, 2020
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Alerts: Estate Planning Law
New York Extends Remote Notarization and Document Execution to October 4, 2020
By Executive Order 202.60 issued September 4, 2020, New York’s remote notarization and document execution procedures are extended through October 4, 2020. Read more.
September 8, 2020
Alerts
Questions to Consider Before Deferring Employee Social Security Tax Payments
On August 28, 2020, the IRS issued guidance (PDF) implementing the August 8, 2020 Presidential Memorandum allowing employers to defer withholding and payment of the employee portion of FICA (Social Security) taxes for certain employees. The Presidential Memorandum and the IRS guidance are clearly intended to put more money in workers’ pockets -- at least temporarily -- but the program raises important questions for employers. Read more.
September 8, 2020
Alerts: Employment Law
New California Law Makes it Easier for Certain Musicians, Writers, Photographers and Content Providers to Be Deemed Independent Contractors
There’s important news for many individual creatives and the companies that hire them. On September 4th, California expanded the list of professions and employees that are exempt from the so-called “ABC test” – a test governing classification of certain workers. The expansive new law covers many industries, but will have a particularly large impact on the media, entertainment and advertising community. Read more.
September 8, 2020
Frankfurt Kurnit Named to List of “Best Law Firms for Women” 2020
We are proud to be named a 2020 Working Mother Best Law Firm for Women. The list highlights the Top 60 law firms that have expanded their women’s initiatives and programs dedicated to the mentoring, sponsorship and promotion of women lawyers, as well as diversity and inclusion programs.
September 8, 2020
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In the Press
James Ponsoldt in Talks to Helm ‘Nothing to See Here’ for Sony & 3000 Pictures
Deadline mentions Frankfurt Kurnit as counsel to James Ponsoldt who is set to direct 3000 Pictures’ “Nothing to See Here.” View Article
September 5, 2020