Alerts: Sports Law
October/November Sports Industry News
Here's what's happening at the intersection of sports, marketing, and entertainment law. Read more.
December 1, 2017
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.
Published Articles
Ball of Confusion: Practicing Law from Your Second Home in Another State
The American Bar Association featured Ronald C. Minkoff’s article, “Ball of Confusion: Practicing Law from Your Second Home in Another State” in volume 24.3 of their publication The Professional Lawyer. View Article
November 30, 2017
In the Press: Quoted
‘Mass Lateral’ Moves No Silver Bullet For Beleaguered Firms
Law360 quoted Ronald C. Minkoff on complications that arise when law firms collapse. (Article behind paywall) View Article
November 29, 2017
New York Times fires Boies Schiller over Weinstein role: ‘We should have been treated better’
Ronald C. Minkoff was quoted in The American Lawyer on ethical issues surrounding The New York Times termination of David Boies and his firm. (Article behind paywall) View Article
November 21, 2017
In the Press
Viola Davis, Malcolm D. Lee In Universal Deal For Terry McMillan Novel ‘I Almost Forgot About You’
Deadline Hollywood featured the news that Frankfurt Kurnit client Terry McMillan’s bestselling novel ‘I Almost Forgot About You’ will be adapted into a film by Universal Pictures. View Article
November 20, 2017
In the Press: Quoted
NYC, Nassau Bars Turn to Matt Damon, Woody Allen for Ethics CLEs
The New York Law Journal quoted Tyler Maulsby on the New York City Bar Association’s recent effort to teach legal ethics in part by showing popular movies that demonstrate real scenarios in an entertaining way. (Article behind paywall) View Article
November 15, 2017
State Bar Supports Two Groundbreaking Recommendations Regarding Online Forms, NY Trust Code
The Targeted News Service featured Ronald C. Minkoff’s report on regulating online legal documents which he presented at the November 4th State Bar meeting in Albany. (Article behind paywall) View Article
November 13, 2017
Alerts: Advertising Law
New Low-Budget Waiver is Now Available for Digital Commercial Productions
Advertisers and agencies that are signatories to the SAG-AFTRA Commercials Contract can now take advantage of a new waiver issued by SAG-AFTRA and the Joint Policy Committee on Broadcast Talent Union Relations when producing low-budget digital commercials. Read more.
November 10, 2017
In the Press: Quoted
Boies In Ethics Quagmire Over Weinstein Spy Hire
Law360 quoted Nicole Hyland on when communications between a law firm and an investigator it hires may be protected by the attorney-client privilege. View Article
November 9, 2017
In the Press
UCLA Law Class Notes
UCLA Law Class Notes mentioned Joseph R. Taylor’s move to Frankfurt Kurnit’s Litigation Group. View Article
November 6, 2017
In the Press: Quoted
Google and Facebook: EU’s Draft ePrivacy Regulation Passes Committee and Parliament Vote
The Capitol Forum quoted Daniel Goldberg's white paper on "The Impact of the ePrivacy Regulation on Facebook and Google" in their most recent newsletter here.
November 3, 2017
Alerts: Technology Law
Shields On: 9th Circuit Strengthens Legal Defense for Video Game Developers
There's good news for game developers who incorporate real-world elements in their games. On October 20, 2017, the Court of Appeals for the Ninth Circuit affirmed a trial court decision which found that Gran Turismo, a Sony video game, was an expressive work entitled to First Amendment protection Read more.
November 2, 2017
In the Press
Citing Fair Use, Judge Won’t Block Scholastic Book Launch
Law360 covered our win for Scholastic and Allen Say in a decision allowing Scholastic to move forward with the release of the book ‘Silent Days, Silent Dreams’. Jeremy S. Goldman was mentioned as counsel for Scholastic and Say. (Article behind paywall) View Article
November 1, 2017
In the Press: Quoted
After Tearful Apology, Star Dewey & LeBoeuf Witness Avoids Jail
The New York Law Journal mentions Caren Decter as attorney for Francis Canellas, a key witness in the case arising from the collapse of Dewey & LeBoeuf.
October 30, 2017
Frankfurt Kurnit Adds Entertainment Litigation Partner Joe Taylor in Los Angeles
The Cali Chronicles mention Joseph R. Taylor and Tiffany R. Caterina's move to Frankfurt Kurnit. View Article
October 27, 2017
In the Press: Praise
Hollywood’s New Leaders in Law and Finance
Variety lists Julie Murray as one of Hollywood's new leaders in law and finance for 2017. View Article
October 19, 2017
In the Press: Quoted
Catherine Farrelly on the Benefits of INTA Membership
The International Trademark Association interviewed Catherine Farrelly on the benefits of having an INTA membership.
October 18, 2017
In the Press
Frankfurt Kurnit Welcomes Joseph R. Taylor
The LA Daily Journal mentions Joseph R. Taylor’s move to Frankfurt Kurnit from Liner LLP. View Article
October 18, 2017
Alerts: Privacy & Data Security Law
Privacy Shield: Year One Updates You Need To Know
This month we're celebrating Privacy Shield's first birthday with an update on everything Privacy Shield. There have been a number of developments on the Privacy Shield-front that companies certified or seeking self-certification under Privacy Shield need to know. Read more.
October 17, 2017
In the Press
Jeremy S. Goldman Explains Who Really Owns Your Tattoos
Vice interviewed Jeremy S. Goldman on whether tattoo artists can own the copyright in their tattoos. View Article
October 13, 2017
In the Press: Quoted
USC’s Alumni Entrepreneurs Network Offers Support and Mentors
Daniel Goldberg is mentioned in USC’s Trojan Family magazine article about being one of the founding committee members and membership chair of USC’s Alumni Association’s Alumni Entrepreneurs Network (AEN). View Article
October 11, 2017
In the Press
Frankfurt Kurnit in the Hollywood Reporter - Dee Rees
...Our client, Dee Rees, will direct an adaptation of Joan Didion's political thriller The Last Thing He Wanted for The Fyzz Facility.
October 6, 2017
In the Press
Discovery: A Q&A, in Brief
Super Lawyers magazine features an interview with Victoria Cook. View Article
October 6, 2017
In the Press: Praise
Thirty-four Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2017
Super Lawyers listed thirty-three Frankfurt Kurnit attorneys in its 2017 edition. Read more.
October 6, 2017
In the Press: Quoted
Feds Crack Down on Social Media “Influencers” Over Instagram Plugs
The Hollywood Reporter quoted Jeffrey A. Greenbaum on recent FTC enforcement action against influencers who fail to disclose their connections to brands. View Article
October 5, 2017
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