Alerts: Sports Law
September Sports Industry News
Here's what's happening at the intersection of sports, marketing, and entertainment law. Read more.
September 29, 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.
Press Releases
Frankfurt Kurnit Law Firm Adds Entertainment Litigation Partner Joe Taylor in Los Angeles
Los Angeles, CA - Frankfurt Kurnit Klein & Selz, PC has added Joseph R. Taylor as a partner in the firm’s Media & Entertainment Litigation Group. Read more.
September 28, 2017
In the Press
Dealmakers Elite New York
Variety’s 2017 Dealmakers Elite New York list includes Frankfurt Kurnit partner Sean F. Kane. Counsel Sasha Levites is included on the Dealmakers Up Next list. View Article
September 26, 2017
In the Press
Another Inconvenient Truth
New York Metro Super Lawyers featured Victoria Cook in the article, “Another Inconvenient Truth”. In January Ms. Cook posted to Facebook about the misperception that the best documentary category at the Academy Awards is more inclusive than the other major award categories. The post received a lot of attention and further exposed bias in the industry. View Article
September 25, 2017
Alerts: Technology Law
FTC Settles First-Ever Action Against Individual “Influencers”
The FTC is making a strong push in 2017 to ensure that social media influencers comply with the Commission's Endorsement Guide (the "FTC Guides") and recently updated FTC Guides' FAQs. Read more.
September 18, 2017
Published Articles
Star Athletica: Finding for Fashion
The New York State Bar Association published Rachel Santori’s article, " Star Athletica: Finding for Fashion" in the Summer 2017 edition of their publication, Bright Ideas.
September 15, 2017
In the Press: Quoted
FTC Issues New Endorsement Guides, Takes Hard Line On Disclosures
Jeffrey A. Greenbaum is quoted by Digital News Daily about the Federal Trade Commission’s updated Endorsement Guide. Mr. Greenbaum notes that influencers on social media are a high priority in the new guide and disclosure is important when posting endorsements. View Article
September 15, 2017
In the Press
Frankfurt Kurnit Employees Volunteer for the New York Restoration Project
On Wednesday, September 13th, we volunteered to do greening work for New York Restoration Project along a stretch of Highbridge Park in Harlem. The New York Law Journal covered our volunteer day with their story "One Park at a Time" and posted a photo on their Instagram page. The story can be viewed here (behind a paywall) and the post can be viewed here.
September 15, 2017
Alerts: Advertising Law
FTC Updates Endorsement Guide FAQs and Settles First-Ever Action Against Individual “Influencers”
Recent developments demonstrate the FTC's continued interest in social media endorsements. Read more.
September 11, 2017
Alerts: Advertising Law
FTC Announces Reforms to Its Investigative Process
Recently, the FTC announced a set of internal reforms intended to improve the process by which the Commission investigates unfair, deceptive and fraudulent business practices. The reforms relate to the Civil Investigative Demands ("CID") that the FTC's Bureau of Consumer Protection issues to request information from investigation targets. Read more.
September 7, 2017
Alerts: Legal Ethics and Professional Responsibility
N.Y. State Bar Ethics Committee Takes On Avvo Legal Services, Says Model Violates Ethics Rules
Recently the New York State Bar Ethics Committee issued a pair of opinions about the limitations on a lawyer's ability to take advantage of certain on-line legal marketing services. Read more.
August 31, 2017
In the Press
Hasbro Says DC Comics Infringes ‘Transformers’ Toy Mark
Law360 mentions Catherine Farrelly and Maura J. Wogan as the lawyers for Hasbro Inc. in a high-profile toy industry IP dispute in New York federal court. The article discusses Hasbro Inc.’s allegation that DC Comics copied the name of its yellow “Bumblebee” character from Hasbro’s famous Transformers character. (Article behind a paywall) View Article
August 30, 2017
Alerts: Privacy & Data Security Law
Class Action Lawsuits Over Alleged COPPA Violations Reinforce Importance of Compliance
Earlier this month, three class action lawsuits were filed against companies for alleged violations of the Children's Online Privacy Protection Act ("COPPA"). Read more.
August 22, 2017
In the Press: Praise
The Best Lawyers in America 2018
Best Lawyers "Best Law Firms" ranked Frankfurt Kurnit nationally in "Tier 1" in Advertising, Copyright, Entertainment - Motion Pictures and Television, and Trademark Law, "Tier 2" in Litigation - Intellectual Property, Media Law, and Trusts & Estates Law, and "Tier 3" in Commercial Litigation and Regulatory Read more.
August 15, 2017
In the Press: Quoted
Lisa E. Davis in Local Girl Gang
Hannah Magazine’s Summer 2017 issue features Lisa E. Davis and her supportive group of women friends, dubbed the “Bad MamaJamas.” The article quotes Lisa: “From the Black Women’s Club Movement led by women such as Dorothy Height, who organized to advance the needs of the entire Black community to the Black sororities, the history of Black women is one of us using sisterhood to support one another and address the needs of our community.” For more information, or to order a copy of the magazine, click here.
August 8, 2017
In the Press
Vegas Golden Knights Score Hockey TMs
Law360 mentioned Catherine Farrelly as the lawyer for the Vegas Golden Knights. The article discussed the U.S. Patent and Trademark Office’s approval of trademark registrations for the National Hockey League’s newest franchise. (Article behind a paywall) View Article
August 8, 2017
In the Press: Quoted
Fashion Companies Must Disclose Retouching of Photographs in France
The Global Legal Post quoted Jeffrey A. Greenbaum on a new French advertising law. Mr. Greenbaum notes that advertisers should begin thinking about including disclosures and consider whether disclosures will have an impact on models' decisions to particpate in campaigns that are retouched. View Article
August 3, 2017
Published Articles
Data for Sale . . . at a Price
GALA Gazette publishes Daniel Goldberg’s blog post, “Data for Sale . . . at a Price - FTC Imposes $104 Million Judgment against Company over Alleged Unlawful Sharing of Consumers’ Sensitive Information”. View Article
August 2, 2017
In the Press: Praise
Frankfurt Kurnit Duffers Defend Their Crown
Congratulations to Hayden Goldblatt, John Harris, Jeff Marks and Alan Sacks for their third straight tournament win at the New York Lawyers for the Public Interest Michael Rothenberg Memorial Golf Outing. The event took place at the Bethpage State Park's Red Course. Read more.
July 27, 2017
In the Press: Praise
The Best Law Firms for Women, 2017
Forbes featured Frankfurt Kurnit Klein + Selz in its report on the best law firms for women: “among the firms with women holding top positions is Frankfurt Kurnit Klein + Selz…whose roster of equity partners is 38% women. Its non-equity partners are 33% female. Overall, women hold 75% of the spots on the management committee.” View Article
The American Lawyer and ABA Journal also mentioned Frankfurt Kurnit Klein + Selz in their coverage of Working Mother Magazine’s annual list of the “Best Law Firms for Women”. The American Lawyer coverage is here. (Article behind a paywall), and the ABA Journal coverage is here.
July 26, 2017
In the Press: Praise
2017 Glass Ceiling Report Includes Frankfurt Kurnit as a Top Law Firm for Women
Law360’s Glass Ceiling Report features Frankfurt Kurnit as one of the best law firms for female attorneys. Read more.
July 25, 2017
In the Press: Praise
Frankfurt Kurnit Named to List of “Best Law Firms for Women” 2017
We are very pleased to announce that Working Mother magazine has once again named Frankfurt Kurnit to its "Best Law Firms for Women" list. Read more.
July 25, 2017
Published Articles
How Courts View Copyright Protection For Video Games
Law360 publishes Sean Kane's article, "How Courts View Copyright Protection For Video Games". Read more.
July 17, 2017
In the Press: Praise
Hollywood Docket: ‘The Great Debaters’ Lawsuit Prompts First Amendment Argument
The Hollywood Reporter mentioned Frankfurt Kurnit Klein + Selz's pro bono work with The Anti-Defamation League in opposition to President Donald Trump's travel ban in their Hollywood Docket. View Article
July 17, 2017
Alerts: Sports Law
June/July Sports Industry News
Here's what's happening at the intersection of sports, marketing, and entertainment law. Read more.
July 12, 2017
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