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: Privacy & Data Security Law
FTC Hits Targeting Platform Turn Inc. for Deceptive Online Tracking
On Tuesday, December 20, the FTC announced a settlement with digital marketing platform Turn Inc. over claims that the company deceptively tracked users across the Internet for advertising purposes. Read more.
December 22, 2016
Alerts: Advertising Law
FTC Finds “All Natural” Claim Violated FTC Act
The FTC has issued a Final Order against California Naturel, Inc., a seller and marketer of personal care products, finding that the company's "all natural" claims were false and misleading in violation of the FTC Act. Read more.
December 15, 2016
In the Press: Quoted
Top law firms increasingly go to court to collect fees; is it the new normal?
Ronald Minkoff is quoted in the ABA Journal article, "Top law firms increasingly go to court to collect fees; is it the new normal?". View Article
December 12, 2016
In the Press: Quoted
Pre-Production of the Historical Feature Film “W.A.S.P.”
Andrew Hurwitz is mentioned in the article, Producers Sheila Johnson, Bo Derek and Mark Sennet Announce Pre-Production of the Historical Feature Film "W.A.S.P.". View Article
December 12, 2016
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In the Press: Quoted
Elite Law Firms Increasingly Suing Clients to Collect Fees
Ronald Minkoff is quoted in the New York Law Journal article, "Elite Law Firms Increasingly Suing Clients to Collect Fees". (Article behind paywall) View Article
December 6, 2016
In the Press: Praise
Jay Rand in Penn Law Journal
Jay Rand is featured in The University of Pennsylvania Law School Penn Law Journal's Fall 2016 issue. View Article
December 5, 2016
Alerts: Employment Law
Overtime Rule Hang-Up Requires Careful Communication About Pay Decisions
Wendy Stryker is featured in the Society for Human Resource Management article, "Overtime Rule Hang-Up Requires Careful Communication About Pay Decisions." View Article
December 2, 2016
Alerts: Intellectual Property Law
Copyright Infringement: Get Ready for New DMCA Agent Designation Rules
Out with the old, in with the new. That's the latest slogan of the Copyright Office which, on December 1, 2016, finally brings its nearly 20-year old system for designating Digital Millennium Copyright Act ("DMCA") agents online. Read more.
November 30, 2016
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Alerts: Employment Law
Federal Court Blocks Overtime Rules and New York Proposes a New Overtime Rule
A federal court in Texas has halted nationwide preparations for the new FLSA overtime rule set to go into effect on December 1, 2016. That rule raised the salary basis required to maintain federal overtime exemptions from $455 per week to $913 per week, and included a mechanism for automatically updating the salary limits every three years. Read more.
November 28, 2016
Alerts: Advertising Law
FTC Policy Statement Focuses on Homeopathic Health Claims
Last week, the Federal Trade Commission issued its new "Enforcement Policy Statement on Marketing Claims for Over-the-Counter (OTC) Homeopathic Drugs," as well as a staff report on a workshop that the Commission held last year on OTC homeopathic drug advertising. Read more.
November 28, 2016
Alerts: Privacy & Data Security Law
FCC Adopts Broadband Consumer Privacy Rules
On October 27, 2016, the Federal Communications Commission (FCC) adopted an Order requiring broadband Internet service providers and all other telecommunications carriers providing telecommunications services to take greater steps to protect the privacy of their customers, including current and former subscribers and new applicants. Here's a summary of the key obligations imposed on carriers: Read more.
November 22, 2016
In the Press: Quoted
Court’s Decision on Overtime Rule Expected Soon
Wendy Stryker is featured in The Society of Human Resource Management's ain the article, "Court's Decision on Overtime Rule Expected Soon". View Article
November 22, 2016
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Alerts: Privacy & Data Security Law
Latest on the FTC Data Security Front
FTC Issues Guide on How to Respond to a Data Breach, and Eleventh Circuit Questions the FTC's Interpretation of Its Section 5 Authority But Does NOT Alter the Unfairness Standard in Data Security Matters. Read more.
November 21, 2016
In the Press: Praise
Irish Legal 100
Irish Legal 100 named Maura Wogan to their Legal 100 list for 2016.
November 4, 2016
Alerts: Employment Law
New York City Passes New Law Governing Freelance Workers
There's big news for employers with offices in New York City. Read more.
November 1, 2016
In the Press: Quoted
Global Examples of Advertising to Avoid
Jeffrey A. Greenbaum is quoted in Biz Community's Advertising News article, "Global Examples of Advertising to Avoid". View Article
October 31, 2016
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Alerts: Intellectual Property Law
Lack of Documentary Evidence Sinks Two Recent Trademark Applications
Business owners do not have to wait until they are actually using a trademark in commerce before seeking to register it with the Trademark Office. Read more.
October 28, 2016
In the Press: Quoted
Cooperator in Dewey Case Admits to Lesser Charge
Brian E. Maas is quoted in the New York Law Journal article, "Cooperator in Dewey Case Admits to Lesser Charge". (Article behind paywall) View Article
October 26, 2016
Alerts: Legal Ethics and Professional Responsibility
Non-Party Has Sufficient Interest to Disqualify Law Firm from Second Circuit Case
At the request of a non-party, the US Court of Appeals for the Second Circuit recently disqualified the law firm BakerHostetler LLP ("Baker") from representing its client Prevezon Holdings Ltd. ("Prevezon"). Read more.
October 24, 2016
Published Articles
Athletes Quarterly Publishes Christopher Chase Article on Branded Product Lines
Christopher Chase's article, “Put Your Name on It: What Athletes Need to Know About Developing an Athlete-Branded Product Line” discusses issues for athletes creating a product line using their name, likeness, or trademark. View Article
October 19, 2016
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Alerts: Intellectual Property Law
Get Ready for New Trademark Trial and Appeal Board Rules
The Trademark Trial and Appeal Board (the "Board") has announced a number of changes to the Trademark Rules of Practice, to take effect on January 14, 2017. Read more.
October 19, 2016
Published Articles
Getting the Deal Through: USA and Global Chapter
Getting the Deal Through published a new edition which includes chapters authored by Rick Kurnit (USA and Global).
October 18, 2016
In the Press: Quoted
21 States File Emergency Motion to Bar FLSA Overtime Rule
Wendy Stryker is quoted in the Society for Human Resource Management article, "21 States File Emergency Motion to Bar FLSA Overtime Rule". View Article
October 17, 2016
Published Articles
Keeping the Privilege
The New York State Bar Association published Tyler Maulsby's article entitled, "Keeping the Privilege: What the Stock Decision Means for Clients and the State of the Intra-Firm Privilege" in the Fall 2016 edition of their publication, Inside. View Article
October 14, 2016
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In the Press: Quoted
Bad Bone
Rick Kurnit is quoted in the Vice article, "Bad Bone," about Ken Bone's recent promotional tweets. View Article
October 13, 2016