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.
Published Articles
Athletes Quarterly Publishes Sean Kane Article on Athletes and Video Games
Sean Kane’s article, “Game On: Have an Idea for a Great Video Game?” provides a roadmap for how athletes can launch or participate in new video game business ventures.
March 29, 2016
In the Press: Quoted
Google Row Exposes Digital Fair Use Split, High Court Hears
Law360 noted that Edward H. Rosenthal and Jeremy S. Goldman are part of the legal team representing the Authors Guild in its battle with Google over whether the Google Books service infringes the copyrights of authors. The U.S. Supreme Court is considering whether to hear the case. View Article
March 23, 2016
Alerts: Advertising Law: Sports Law
March Madness on a Different Court: Fantasy Sports and New York AG Reach Temporary Compromise
On Monday DraftKings, Inc. and FanDuel, Inc., the two largest providers of Daily Fantasy Sports ("DFS") in the US, announced an agreement with New York Attorney General Eric Schneiderman (the "NYAG") in connection with the ongoing DFS litigation. Read more.
March 23, 2016
In the Press
Frankfurt Kurnit Expands With Century City Office
Variety covers our firm's expansion in Century City, with five attorneys including entertainment group partner Andrew Hurwitz and litigation group partner Jeremy S. Goldman. View Article
March 22, 2016
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Published Articles
Recent N.Y. Ethics Opinions: March 2016
The New York Legal Ethics Reporter published Tyler Maulsby's article, titled "Recent N.Y. Ethics Opinions: March 2016". View Article
March 21, 2016
Published Articles
Masking Tapes: An Analysis of the Law of Secret Recording in New York
The New York Legal Ethics Reporter published John B. Harris's article titled "Masking Tapes: An Analysis of the Law of Secret Recording in New York". View Article
March 21, 2016
Alerts: Entertainment Law: Intellectual Property Law
Ruling Maintains That Fair Use Must Be Considered Before Issuing Copyright Takedown Notices
The Ninth Circuit declined to review its earlier opinion in Lenz v. Universal Music Corp. that copyright holders must consider fair use before seeking to remove allegedly infringing content from websites such as YouTube and Facebook. Read more.
March 18, 2016
Alerts: Advertising Law
FTC Settles First Native Advertising Case Against Fashion Retailer
Less than three months after issuing guidance to marketers on native advertising, the FTC has brought and settled its first native advertising case against national retailer Lord & Taylor. Read more.
March 15, 2016
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In the Press: Quoted
Lord & Taylor Settles FTC Complaint Over Native Advertising, Instagram Campaign
Terri Seligman is quoted in the Media Post article, "Lord & Taylor Settles FTC Complaint Over Native Advertising, Instagram Campaign". View Article
March 15, 2016
Alerts: Privacy & Data Security Law
Transferring Personal Data Overseas: EU - US Privacy Shield Will Create New Obligations
On February 2, 2016, EU and US authorities reached an agreement in principle on a new framework for transatlantic data transfers, dubbed the "Privacy Shield." Read more.
March 14, 2016
In the Press: Quoted
John Goodman Joins Mark Wahlberg in Boston Marathon Bombing Movie ‘Patriots Day’
Frankfurt Kurnit client, John Goodman, is mentioned in the Hollywood Reporter about his upcoming role in the film, Patriots Day. View Article
March 14, 2016
In the Press: Quoted
Sheppard Mullin’s Bid To Buy Waiver Emerges In Fee Row
Law360 quoted Nicole Hyland on the question whether a law firm can pay a client in exchange for a waiver of a potential conflict of interest. View Article
March 11, 2016
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In the Press: Quoted
Gibbons Says New Ruling Ends DQ Bid In Pollution Suit
Nicole Hyland, Ronald Minkoff and Tyler Maulsby are featured in the Law360 article, "Gibbons Says New Ruling Ends DQ Bid In Pollution Suit". View Article
March 10, 2016
Press Releases
Jay S. Rand Joins Frankfurt Kurnit as Co-Chair of the Corporate & Finance Group
March 9, 2016 New York, N.Y. - Frankfurt Kurnit Klein & Selz, PC has added Jay S. Rand as a partner and co-chair of the firm’s Corporate & Finance Group. Read more.
March 9, 2016
Alerts: Privacy & Data Security Law
FTC Settles Privacy Charges Against ASUS
Computer hardware maker ASUSTeK Computer, Inc. ("ASUS") recently settled FTC charges that the company failed to take steps to secure the software on its routers, putting hundreds of thousands of consumers at risk. Read more.
March 7, 2016
In the Press: Quoted
Brand Battles: Google, JetBlue, Hershey
Frankfurt Kurnit client, JetBlue, is mentioned in the Law 360 article, "Brand Battles: Google, JetBlue, Hershey" about its recent appeal to the Trademark Trial Appeal Board. View Article
March 7, 2016
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In the Press: Quoted
Experts See Rise in Disputes Over Partner Capital Shares
Ronald C. Minkoff is quoted in the New York Law Journal article, "Experts See Rise in Disputes Over Partner Capital Shares". View Article
March 4, 2016
In the Press: Quoted
How Dumb Is It, Legally, for a Celebrity to Tweet While in the Middle of a Lawsuit?
Lisa E. Davis is quoted in the Jezebel article, "How Dumb Is It, Legally, for a Celebrity to Tweet While in the Middle of a Lawsuit?". View Article
March 4, 2016
In the Press: Quoted
Jeffrey Greenbaum featured in Legal Marketing Launch Podcast
Jeffrey A. Greenbaum is interviewed about business development strategies on the Legal Marketing Launch Podcast. View Article
March 2, 2016
In the Press: Quoted
Sheppard Fee Loss Ups Ante For Consent In BigLaw Waivers
Nicole Hyland is quoted in the Law360 article, "Sheppard Fee Loss Ups Ante For Consent In BigLaw Waivers". View Article
March 2, 2016
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In the Press: Quoted
Young Barack Obama Film Casts Devon Terrell, ‘The Witch’ Star Anya Taylor-Joy
Victoria Cook's client, Vickram Gandhi is mentioned in the Hollywood Reporter article, "Young Barack Obama Film Casts Devon Terrell, 'The Witch' Star Anya Taylor-Joy". Gandhi will direct the upcoming film, Barry. View Article
March 2, 2016
In the Press: Quoted
Cardozo Law Advertising Conference Panel 2: Native Advertising
Jeffrey A. Greenbaum and Rick Kurnit are quoted in Rebecca Tushnet's coverage of Cardozo's Law Advertising Conference Panel on Native Advertising. View Article
March 1, 2016
In the Press: Quoted
Judge Says Apple Doesn’t Have to Unlock iPhone in Case Similar to San Bernardino
S. Gregory Boyd is quoted in the Wired article, "Judge Says Apple Doesn't Have to Unlock iPhone in Case Similar to San Bernardino". Further coverage is provided in the Tech Times here, Stuff.tv here, NYSE Post here, Financial Spots here, The Saint here, Techislet here, and Equilibrio Informativo here.
March 1, 2016
In the Press: Praise
Frankfurt Kurnit Client-Wins at the Oscars
We are proud of all of our nominated clients, and especially wish to send a big congratulations to the winners at the 88th Annual Academy Awards. Read more.
February 29, 2016
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Published Articles
Apple vs. the FBI: Why the Stakes Have Never Been Higher
S. Gregory Boyd's article, "Apple vs. the FBI: Why the Stakes Have Never Been Higher" is published on Mashable. View Article
February 26, 2016