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.
Jeffrey A. Greenbaum was mentioned by Spanish language publication Entorno Inteligente, highlighting his participation at the Digital Marketing seminar in Santiago, Chile.
June 26, 2015
The Federal Trade Commission ("FTC") recently closed an investigation into whether Quickie Manufacturing Corporation ("Quickie"), a maker of cleaning products, engaged in unfair or deceptive acts or practices when third-party retailers marketing Quickie products made unqualified and unsupported "Made in USA" claims. Read more.
June 23, 2015
We have been selected as 'Best in Advertising Law - USA' by Acquisitions International Magazine.
June 16, 2015
Nicole Hyland was quoted by Bloomberg BNA on the ethics of client engagement letters and the advance waiver clauses they include in the article, "To Dodge Conflicts, Make Waivers Specific". View Article
June 15, 2015
June 15, 2015 New York, N.Y. - Frankfurt Kurnit Klein & Selz, PC has added John B. Harris as a partner in the firm’s Professional Responsibility Group. Mr. Harris will also be a member of the firm’s White Collar Defense and Litigation Groups, and will join the editorial board of the law firm’s New York Legal Ethics Reporter. Mr. Harris joined the firm today. Read more.
June 15, 2015
Terri Seligman moderates the "Thinking Like a GC" panel on changes in advertising law at ACI's Women Leaders in Advertising and Marketing Law conference. The event is at The Carlton Hotel in New York on October 22-23, 2015. Terri's panel includes lawyers from the FTC, Facebook, Dannon Company, Macy's and Epsilon Data Management.
June 11, 2015
Nicole Hyland was quoted by Law 360 in this article (behind a paywall) about privilege issues in Google's case against Mississippi Attorney General Jim Hood.
June 10, 2015
Six years ago the FTC updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the "Guides") and issued FAQs to explain the impact of the changes on new marketing channels and techniques. Last week, the FTC again updated its guidance through a new set of FAQs. Read more.
June 4, 2015
In January, 2012, the EU legislative bodies proposed an updated and more harmonized data protection law to replace the existing EU Data Protection Directive 95/46/EC. Read more.
June 4, 2015
The Legal 500, a London-based directory of leading lawyers, recommended Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) and Intellectual Property work (Copyright) in its 2015 edition. Read more.
June 4, 2015
Jeffrey A. Greenbaum was quoted by Media Post discussing the significant effect the FTC's guidance on Facebook 'likes' and Pinterest photos could have on the advertising industry. View Article
June 2, 2015
Ronald C. Minkoff and contributed an article to the New York Legal Ethics Reporter titled, "Tinker, Tailor, Lawyer, P.I.: Are Your Workplace Investigations Complying with the Law?" Read more.
June 2, 2015
Tyler Maulsby summarized recent NY ethics opinions for June 2015 issue of the New York Legal Ethics Reporter. Read more.
June 2, 2015
The Recorder interviewed Rachel Kronman about the future of wearable technology. (Article behind a paywall) View Article
May 29, 2015
Jeffrey A. Greenbaum's presentation on native intelligence was highlighted in the Shoot Online round up of the 2015 Directors/Producers Forum. (Article behind a paywall) View Article
May 29, 2015
Unilever United States, Inc. recently challenged certain Vogue, International, Inc. shampoo product names. NAD determined that Vogue's product names, such as Renewing Argan Oil of Morocco Shampoo and Nourishing Coconut Milk Shampoo, touted the inclusion of certain "exotic" ingredients but that those ingredients did not provide the benefit also touted in the product name. Read more.
May 27, 2015
We are proud to appear once again in the National Law Journal's annual Midsize Hot List. The list is comprised of 20 firms who "excel at deal making, litigation, counseling and other legal services." View Article
May 26, 2015
Jeffrey A. Greenbaum was quoted by FTC Watch about the recent ruling by the U.S. Court of Appeals where a panel of judges reminded advertisers to be more careful about backing up claims, but also warned the FTC that there are limits on its regulatory powers.
May 26, 2015
S. Gregory Boyd was interviewed by Fox 11 News on the legality of taking photos and videos while on an airplane. Click here to view the clip (skip to 1:27 to go straight to Greg's comments).
May 26, 2015
Forbes quoted Wendy Stryker on labor laws with regard to social media in "Here's Why Employees Can Trash Their Bosses On Social Media". View Article
May 22, 2015
The Global Advertising Alliance published Hannah Taylor's "New Updates From Facebook", a brief summarization of the new limits Facebook has placed on an how apps may access a user's information, which may have a significant impact for advertisers.
May 19, 2015
For the eleventh consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit. Read more.
May 19, 2015
In a much anticipated opinion, the Ninth Circuit has dissolved a takedown injunction previously issued against Google and YouTube, prohibiting the companies from posting or displaying any version of the controversial film Innocence of Muslims that included Ms. Cindy Lee Garcia. Read more.
May 18, 2015
Frankfurt Kurnit is a finalist for Chambers USA's "Media & Entertainment Team of the Year" award. View Article
May 15, 2015
Earlier this year, the FTC publicly banned the operator of an alleged "revenge porn" website from sharing nude videos or photographs of people without their affirmative express consent. Read more.
May 15, 2015
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