In the Press: Quoted
NY Ruling Strengthens Shield For In-House Ethics Advice
Ron Minkoff is quoted in the Law360 article, "NY Ruling Strengthens Shield For In-House Ethics Advice". View Article
July 15, 2016
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.
Ron Minkoff is quoted in the Law360 article, "NY Ruling Strengthens Shield For In-House Ethics Advice". View Article
July 15, 2016
This week brought important news for any company that transfers across borders, or receives cross-border transfers of, consumer or employee personally identifying data (very broadly defined). Read more.
July 14, 2016
A New York appeals court gave attorneys a reason to celebrate just before the July 4th holiday weekend. Read more.
July 11, 2016
Our client, Morgan Spurlock, is mentioned in Variety and The Hollywood Reporter in the article, "Morgan Spurlock to Direct Sue Mengers Biopic" here and here.
June 30, 2016
TheMarketingSite and Engineering News quote Jeffrey A. Greenbaum in the article, "Brazil Enacts New Ambush Marketing Laws". Read more here.
June 28, 2016
The Frankfurt Kurnit Litigation team registered a big win for our music management clients in a lawsuit brought against them in Los Angeles Superior Court, successfully obtaining summary judgment. Read more.
June 28, 2016
Mark Merriman is quoted in The Wall Street Journal article, "City Theaters Go Dark in Summer Shakeout". View Article
June 27, 2016
Frankfurt Kurnit is mentioned in Corporate Counsel Magazine in the artice, "Mattress Maker Losing Sleep Over Website Reviews". View Article
June 27, 2016
Rest easy, trademark owners! While the UK has voted to leave the European Union, it is expected to take at least two years for that to occur. Here is what trademark owners need to know. Read more.
June 24, 2016
In the US, attorneys' fees generally are not available to the winning party unless authorized by statute or the parties have agreed to permit a fee award. Copyright law is one area where fee shifting is permitted, and courts have discretion to award a "reasonable" fee to the winning party. How do courts decide? Read more.
June 24, 2016
Alan Sack's article, “Selling Your Story: What Are Your Creative Life Rights Worth? More Than You Think” speaks to the valuable opportunity that can arise from selling your life rights for a feature film, television series or book based on your life. View Article
June 23, 2016
Jay Rand is featured in Johns Hopkins Magazine's Summer 2016 issue. View Article
June 23, 2016
MediaPost quoted Greg Boyd on the FTC’s enforcement action against InMobi for illegal collection of location data including from children. View Article
June 23, 2016
Our client, Josh Radnor is featured in the Variety article, ‘How I Met Your Mother’ Star Josh Radnor Directing Sci-Fi Drama ‘The Leaves’". View Article
June 22, 2016
Anyone who has ever had to litigate a dispute knows how important the attorney-client privilege is. Read more.
June 16, 2016
The Legal 500, a London-based directory of leading lawyers, listed Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) in Tier 1 and Intellectual Property work (Copyright) in its 2016 edition. Read more.
June 15, 2016
For the twelfth consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit. Chambers USA ranked us for our: Advertising: Transactional & Regulatory, Intellectual Property: Trademark & Copyright, Media & Entertainment: Entertainment Litigation, and Media & Entertainment: Film, Music, Television & Theater work. Read more.
June 14, 2016
Jeffrey A. Greenbaum is quoted in coverage of Shoot's afternoon Directors/Producers Forum and evening New Directors Showcase, both held at the DGA Theatre in New York. View Article
June 13, 2016
Food advertising rules are in flux, and we have written about the FTC's recent focus on "natural" claims. Here are two more food advertising developments. Read more.
June 10, 2016
The New York Post quoted Brian Maas in defense of our client, the classical violinist David Garrett. (Article behind paywall) View Article
June 7, 2016
Wendy Stryker is mentioned in the Career Profiles article, "SXSW Interactive 2016 Must Read Takeaways." View Article
June 7, 2016
Wendy Stryker is mentioned in theThe Society for Human Resources Managementarticle, "Hospitality Industry Will Have to Weigh Options in Wake of Overtime Rule".
June 2, 2016
Catherine Farrelly was quoted by the New York Daily News on the creation of Oprah's own food label. View Article
June 2, 2016
The New York Law Journal published an article featuring Richard Hofstetter and Barbara E. Shiers and our support for our client Comic Relief (and their fundraising event Red Nose Day.) View Article
June 1, 2016
Jeremy S. Goldman was interviewed on the Legal Talk Network show Lawyer 2 Lawyer about fair use in Authors Guild v. Google, Inc. View Article
June 1, 2016
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