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
Federal Appeals Court Affirms Injunction Against President Trump’s “Travel Ban”
CNN posted the Fourth Circuit Court of Appeals decision in International Refugee Assistance Project v. Trump, upholding the district court’s nationwide preliminary injunction order against President Trump’s Executive Order 13780. Frankfurt Kurnit drafted an amicus curiae brief on behalf of the Anti-Defamation League, Jewish Council for Public Affairs, Union for Reform Judaism, Central Conference of American Rabbis, and Women of Reform Judaism. View Article
May 25, 2017
In the Press: Praise
Frankfurt Kurnit Assists With ‘Fun-Raising’
The New York Law Journal spotlighted our role in the wonderful Red Nose Day initiative, which raises millions of dollars for children’s causes. (Article behind paywall) View Article
May 25, 2017
Published Articles
Facebook Updates Rules Governing Branded Content
GALA Gazette publishes Hannah E. Taylor's article, "Facebook Updates Rules Governing Branded Content". View Article
May 22, 2017
Alerts: Sports Law
May Sports Industry News
Here's what's happening at the intersection of sports, marketing, and entertainment law. Read more.
May 12, 2017
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Alerts: Advertising Law
It’s Blowing Up: Lessons from Two Recent Social Media Promotions
Last week, the apparel company Sunny Co Clothing launched an Instagram promotion promising to give away the red swimsuit below for free (except for shipping and handling costs) to each person who reposted the photo and tagged the company. Unfortunately, the company failed to cap the number of participants or make clear this was a "limited supply" offer, instead promising the free suit to "EVERYONE" who complied with the giveaway terms. Read more.
May 10, 2017
Published Articles
When It Comes to Games, the Practical Limit to U.S. Copyright Protection May Only Be Skin Deep
Sean Kane's article, "When It Comes to Games, the Practical Limit to United States Copyright Protection May Only Be Skin Deep" is featured in the first issue of the Games Law Industry Journal. View Article
May 3, 2017
Published Articles
Code Ownership is a Trap
Greg Boyd's article, "Code Ownership is a Trap" is featured in the first issue of the Games Law Industry Journal. View Article
May 3, 2017
Alerts: Intellectual Property Law
Federal Appeals Court Weakens DMCA Safe Harbor Protection for Moderated Online Content
If you're an online publisher or other internet service provider ("ISP") that relies on moderators to police or curate user-generated comments or other content, your risk of liability for copyright infringement just increased. Read more.
May 2, 2017
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Published Articles
Speech! Speech!: Leading Women’s Group Honors Victoria Cook
The National Council of Jewish Women Presented their “Woman Who Dared” Award to entertainment group partner Victoria Cook. You can read Victoria’s heartfelt acceptance speech here. Read more.
April 28, 2017
In the Press: Quoted
Don’t Have the Budget for a Celebrity Instagrammer?
CNBC quoted Jeff Greenbaum on the use of influencers by brands on social media. View Article
April 27, 2017
Alerts: Advertising Law
Honesty is Not the Same as Full Disclosure: the FTC’s Recent Letters to Influencers
The FTC staff recently sent out more than 90 letters reminding influencers and marketers that influencers should clearly and conspicuously disclose their relationship to brands when promoting or endorsing products through social media. Read more.
April 21, 2017
In the Press: Quoted
Will FTC Crack Down On Instagram Ads?
MediaPost’s Policy Blog quoted Jeffrey Greenbaum on recent FTC action focusing on advertisers’ use of influencers. View Article
April 21, 2017
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Published Articles
Ten Questions to a Media Lawyer
The Media Law Resource Center's Media Law Letter published an interview with Rick Kurnit about his career and the landmark media law cases handled by Rick and our law firm through the years. View Article
April 21, 2017
Alerts: Privacy & Data Security Law
Start Your Engines: We Have to Deal With GDPR, What Now?
Back in January, we posted about the circumstances in which your company, even if based in the US, must comply with the EU General Data Protection Regulation (GDPR), taking effect in May 2018. Here we will provide a high level checklist to help you start down the path of GDPR readiness. Read more.
April 13, 2017
Alerts: Sports Law
April Sports Industry News
So much is happening at the intersection of sports, marketing, and entertainment that we've been inspired to send you summaries to help you put it all into context. Please enjoy this month's content. Read more.
April 11, 2017
Published Articles
Daniel Goldberg in the ISSA Journal April 2017
Daniel Goldberg's article, "Every Move You Make, I’ll Be Watching You Watching Me Watching You" is featured in the April 2017 edition of the Information Systems Security Association Journal. View Article
April 5, 2017
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In the Press: Praise
Hayden Goldblatt in Variety’s 2017 Legal Impact Report
Variety included Hayden Goldblatt in its 2017 Legal Impact Report. View Article
April 5, 2017
Alerts: Art Law
Appraisal Relied on by Estate Undervalued Paintings by $1.77 Million
Recently, in Estate of Kollsman v. Commissioner the U.S. Tax Court held that an art collector's estate significantly underreported the value of two artworks for estate tax purposes. The problem: the estate relied on appraisals by an auction house specialist who had an incentive to "lowball" the appraisals to win the right to later auction the works. In addition to this conflict of interest, the court found that the values reported by the estate were unpersuasive because the auction house specialist exaggerated the dirtiness of the paintings and failed to adjust his appraisals after one of the works sold at auction for approximately five times more than the reported value. Here's what you need to know about the case. Read more.
April 4, 2017
In the Press: Quoted
Fox’s Napolitano Could Face Ethics Trouble Over Wiretap Claims
The New Jersey Law Journal quoted Nicole Hyland on ethical considerations arising from a Fox legal commentator’s on-air remarks. (Article behind paywall) View Article
March 29, 2017
Alerts: Intellectual Property Law
Supreme Court Supports Copyright Protection for Fashion and Industrial Designs
On March 22, 2017, the Supreme Court ruled in Star Athletica v. Varsity Brands that copyright law can protect designs on cheerleading uniforms. Read more.
March 23, 2017
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In the Press: Quoted
A Dozen Takeaways From the UCLA Entertainment Symposium
The Hollywood Reporter quoted Victoria Cook on the growing risk of lawsuits by public figures against filmmakers. View Article
March 22, 2017
In the Press: Quoted
Hasbro Scent Application for Play-Doh
Fox News, Teen Vogue, The World IP Review, The Independent, Refinery29, Fatherly, and Beauty Packaging quoted Catherine Farrelly on Hasbro’s recent trademark “scent” application for Play-Doh.
March 17, 2017
Alerts: Advertising Law
The Truth Will Set You Free: The FTC Provides New Guidance on Consumer Reviews
Late last year, Congress passed the Consumer Review Protection Act, a law designed to stop businesses from using contracts to prevent customers from posting honest reviews about the business. Read more.
March 8, 2017
In the Press: Quoted
Amanda Seales Upped To Regular On HBO’s Insecure
Deadline Hollywood mentioned Lisa E. Davis as attorney for Amanda Seales in her HBO and TruTV deals. View Article
March 7, 2017
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In the Press: Quoted
Play-Doh Moves to Make Sure You Can’t Copy Their Signature Smell
Mashable mentioned Frankfurt Kurnit as the lawyers behind Hasbro’s Play-Doh scent trademark registration. View Article
March 7, 2017