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.
Gavin McElroy is interviewed by Dennis Troyanos of the Troyanos Group, a niche recruiting and consulting firm, about employment law. Please click here to listen to the interview, or click here to view a pdf of the interview transcript.
November 19, 2015
The Post’s Page Six covered a story from Mike Frankfurt’s 80th birthday party. View Article
November 17, 2015
Law360 has listed Frankfurt Kurnit as one of the 100 law firms with the most IP partners. To view the full list, click here (behind paywall).
November 16, 2015
Politico mentioned Mike Frankfurt's 80th birthday in its daily blast, referring to Mike as "one of the most influential media and entertainment lawyers in America". View Article
November 11, 2015
Phil Mushnick of the New York Post mentioned Mike Frankfurt’s 80th birthday celebration in his "Equal Time" column. View Article
November 9, 2015
The New York Times quoted Ron Minkoff in a story about the controversy surrounding Al Jazeera’s General Counsel’s bar admission status. View Article
November 9, 2015
Jeffrey A. Greenbaum is quoted in the FTC Watch article, "FTC Cracks Down on False ‘Biodegradable’ Product Claims". View Article
November 3, 2015
Encouraging customers to write product reviews is a common and effective marketing tactic. But the disclosure requirements are significant. And a mistake can rankle competitors and lead to scrutiny by regulators or self-regulatory bodies such as NAD. That's what recently happened to The Scotts Company ("Scotts") when United Industries Corporation ("United Industries"), the maker of the Spectracide line of household insect and weed control products, challenged a sweepstakes promotion for the company's competing Ortho Home Defense, Ortho Bug-B-Gon, and Ortho Weed-B-Gon products. Here's what happened. Read more.
November 2, 2015
The New York Legal Ethics Reporter published Tyler Maulsby's article, titled "Recent N.Y. Ethics Opinions: November 2015". View Article
November 2, 2015
The New York Legal Ethics Reporter published Richard M. Maltz's article, titled "Dividing a Fee with a Per Diem Lawyer". View Article
November 2, 2015
Maura J. Wogan and Jeremy S. Goldman are mentioned in the Law360 article, "Hasbro Says Fox Anchor Doesn't Look Like A Hamster".
October 28, 2015
Lisa E. Davis is quoted in the Los Angeles Daily Journal article "LA Judge Halts Sale of Disjoined Tavern Mural". View Article
October 27, 2015
Here's some news for companies that have to comply with the privacy provisions of the Health Insurance Portability and Accountability Act ("HIPAA"). The U.S. Department of Health and Human Services ("HHS") has announced plans to begin auditing compliance in early 2016. Read more.
October 20, 2015
New York State's tax authorities have been investigating whether New York-area art galleries are properly collecting and remitting New York sales tax on sales of artworks, and a recent New York State Department of Taxation and Finance ("Department") Tax Bulletin has shed some light on several Department positions with regard to sales of property to out-of-state residents, one of which is important to gallerists, collectors and other art industry professionals. Read more.
October 16, 2015
In a recent landmark decision, the Court of Justice of the European Union (the "CJEU") declared the EU-U.S. safe harbor invalid. The ruling comes out of the Schrems v. Facebook case, which has become one of the most widely followed and significant global data privacy cases to date. Read more.
October 16, 2015
A New York federal court has provided the creative community with an important reminder about the risks of portraying composite characters. Read more.
October 13, 2015
In two recent matters, the Federal Trade Commission ("FTC") challenged so-called gag clauses or non-disparagement provisions incorporated in contracts between marketers and consumers, alleging that prohibiting consumers from publishing negative reviews about the marketer is an unfair practice in violation of Section 5 of the FTC Act. Read more.
October 8, 2015
Jeffrey A. Greenbaum is quoted in the Bizcommunity.com article, "New Irish Advertising & Marketing Code". View Article
October 6, 2015
Greg Boyd is quoted in the September 2015 issue of Cyber Defense Magazine. View Article
October 6, 2015
As hurricane Joaquin barrels towards the Northeast, New York lawyers may be reminded of the damage caused by Superstorm Sandy as well as other recent disasters. Read more.
October 2, 2015
In August 2015, the Association of National Advertisers (ANA) announced a groundbreaking program to provide patent insurance to its members. Read more.
September 30, 2015
Christopher Chase is featured in the October issue of Lawyer Monthly Magazine, discussing Sports Marketing. View Article
September 29, 2015
Jeffrey Greenbaum is quoted in the Daily Online Examiner article, "Marketer Sued By FTC For Trying To Suppress Bad Reviews". View Article
September 29, 2015
Ron Minkoff is mentioned in the blog post, "NALFA Hosts Successful Program on Attorney Fees & Ethics", which discusses the recent National Association of Legal Fee Analysis panel, entitled “Attorney Fees & Ethics: It Pays To Be Reasonable”, which took place on September 24th. View Article
September 25, 2015
Here is some big news for trademark owners: Earlier this month, the United States Patent and Trademark Office ("USPTO") began a pilot program to allow owners of registered trademarks to update their registrations to reflect changes to their products made as a result of technological advances. Read more.
September 18, 2015
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