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: Advertising Law
FTC Will Examine Effectiveness of Consumer Disclosures
The Federal Trade Commission ("FTC") announced last week its plan to host a public workshop on September 15, 2016 called "Putting Disclosures to the Test." Read more.
May 31, 2016
Alerts: Commercial Litigation: Employment Law
New Trade Secrets Law Calls for Changes to Handbooks and Certain Employment Agreements
As we noted in an alert last week, the Defend Trade Secrets Act of 2016 ("DTSA") creates a private right of action to sue in federal court for trade secret misappropriation, and provides for remedies including actual damages and attorneys' fees. Read more.
May 25, 2016
In the Press: Praise
Frankfurt Kurnit on the 2016 Midsize Hot List
The National Law Journal has once again named Frankfurt Kurnit to its 2016 Midsize Hot List. Read more.
May 23, 2016
Press Releases
FAN 109 (First Amendment News) Abrams Institute to Host Event on Commercial Speech
Concurring Opinions mentions Rick Kurnit and his participation in the Floyd Abrams Institute for Freedom of Expression's event on Commercial Speech on June 13.
May 20, 2016
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Alerts: Advertising Law
National Marketers Face Class Action Suits Under New Jersey Consumer Protection Law
A surge of recent lawsuits brought under a 30 year-old New Jersey consumer protection law has national marketers and their lawyers huddling. Here's a summary of how the law works and why there's exposure for marketers everywhere. Read more.
May 20, 2016
In the Press: Quoted
SirusXM Morning Briefing Covers the New Federal Overtime Rules
Wendy Stryker appeared on SiriusXM’s Morning Briefing with Tim Farley, where she discussed the new federal overtime rules and how those rules will affect media, entertainment and hospitality industry businesses. Listen to the six-minute interview here.
May 20, 2016
In the Press: Quoted
Ronald Minkoff in the Wall Street Journal
Ron Minkoff is quoted in the Wall Street Journal article, "Proposed Antidiscrimination Rule for Lawyers Sparks Heated Debate". View Article
May 12, 2016
In the Press: Praise
Candice Kersh honored as a 2016 Top Women in Media by Folio Magazine
Folio Magazine lists Candice Kersh in its "2016 Top Women in Media" feature.
May 11, 2016
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Alerts: Employment Law
Get Ready Now For New Overtime Rules
Important changes to federal overtime rules are right around the corner. Read more.
May 9, 2016
In the Press: Quoted
Rick Kurnit in Broadcasting & Cable
Broadcasting & Cable quoted Rick Kurnit on the implications of the Supreme Court’s decision to let stand a lower court ruling in POM Wonderful vs. FTC. View Article
May 5, 2016
Alerts: Intellectual Property Law
Supreme Court Decision Will Clarify Copyright Protection for Fashion Designs
On Monday, the Supreme Court agreed to hear arguments in Star Athletica v. Varsity Brands, which could set the stage for greater clarity in copyright law in the fashion and design industries. Read more.
May 4, 2016
In the Press: Quoted
Is Avvo’s fixed-cost service a fee-sharing violation?
The ABA Journal quoted Nicole Hyland in an article about a controversial match-making legal services site. View Article
April 27, 2016
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In the Press: Quoted
Copyright Protection a Must for Designers, According to Panelists at Fashion Law Institute Panel
Rachel Kronman is quoted in the Women's Wear Daily article, "Copyright Protection a Must for Designers, According to Panelists at Fashion Law Institute Panel".
April 27, 2016
Alerts: Legal Ethics and Professional Responsibility
Not Just a New York State of Mind: Nonresident Lawyers Must Have a Physical Office in New York
On Friday, the United States Court of Appeals for the Second Circuit struck a blow to nonresident lawyers looking to practice in New York State. Read more.
April 26, 2016
Alerts: Estate Planning Law
Recent Estate Tax Changes Create Planning Opportunities
On April 1, 2016, the New York State ("NYS") estate tax exclusion amount increased to $4,187,500, further narrowing the gap between the NYS estate tax exclusion amount and the Federal estate, gift and generation-skipping transfer ("GST") tax exemption amounts ($5,450,000 as of January 1, 2016). Read more.
April 25, 2016
In the Press: Praise
Best Law Firms for Female Attorneys
Law360 included Frankfurt Kurnit in its 2016 list of the 100 Best Law Firms for Female Attorneys, based on female representation at the partner and non-partner level, and total number of female attorneys. View Article
April 18, 2016
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In the Press: Praise
Most Outstanding Advertising Law Firm 2016
Corporate Livewire has ranked our firm as the 'Most Oustanding Law Firm' for 2016.
April 18, 2016
In the Press: Praise
Above the Law Gender Diversity Index
Above the Law has published their anual Gender Diversity Index based on a study of women at 1200 law firms. Of the 332 firms listed, we ranked 10th for the percentage of female associates at the firm and 22nd for the percentage of female attorneys at all levels working at the firm. Above the Law gave us an 'A' grade for gender diversity. View Article
April 14, 2016
Alerts: Advertising Law
Federal Trade Commission Speaks on Use of “All Natural” and “100% Natural” Claims in Advertising
The Federal Trade Commission ("FTC") joined the widely publicized "natural" products debate by issuing four settlements and bringing a new complaint relating to misleading "all natural" or "100% natural" advertising claims. Read more.
April 13, 2016
Alerts: Technology Law
New Online Tool Helps Mobile App Developers Manage Healthcare Compliance
Here is some news about an important new resource for mobile app developers working in the healthcare space. Read more.
April 12, 2016
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In the Press: Praise
Variety’s Legal Impact Report for 2016
Lisa E. Davis, Sean F. Kane, and Andrew P. Hurwitz were listed in Variety's Legal Impact Report for 2016. View Article
April 12, 2016
In the Press: Quoted
14th Annual Global Advertising Alliance Meeting
BizCommunity quotes Jeffrey A. Greenbaum, GALA's Global Chairman on the 14th Annual Global Advertising Alliance Meeting here.
April 7, 2016
In the Press: Praise
2016 International M&A Awards
Gavin McElroy was named by the 2016 International M&A Awards as the PR & Media Lawyer of the Year - USA.
April 7, 2016
Alerts: Employment Law
Get Ready for New Minimum Wage and Family Leave Law Changes in New York
On April 4, 2016, Governor Cuomo signed into law amendments to the New York Labor and Workers' Compensation laws that raised the New York State hourly minimum wage to $15, and provided for paid-family-leave time for most employees. For some New York businesses, the first deadline for compliance is December 31, 2016. Read more.
April 7, 2016
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In the Press: Quoted
Why BigLaw May Be In Big Trouble After Data Breaches
Law360 quoted Nicole Hyland on potential law firm liability and ethics rules exposure arising from database breaches. View Article
April 4, 2016