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.
Intellectual Property Today has named Frankfurt Kurnit to its list of the Top 100 Trademark firms in the U.S. View Article
May 13, 2015
Law360 quoted Nicole Hyland on what Mylan Inc. et al. v. Kirkland Ellis LLP could mean for conflict waivers. In the suit, Mylan alleged Kirkland & Ellis LLP breached fiduciary, ethical and professional duties when it agreed to represent Mylan’s rival, Teva. Read more.
May 11, 2015
Your e-commerce company probably has a privacy policy (if it doesn't, then it should). But is anyone checking to see that the company follows the policy? Companies that don't follow their own privacy policies can get into legal hot water pretty quickly. Read more.
May 6, 2015
Tyler Maulsby summarized recent NY ethics opinions in the May 2015 issue of the New York Legal Ethics Reporter. Read more.
May 1, 2015
The FTC recently filed complaints alleging two US businesses that claimed to be in compliance with the US-EU Safe Harbor Framework were, in fact, no longer compliant. Read more.
April 29, 2015
Swedish Marketing Manager quoted Jeffrey Greenbaum in "Shitstorm & Native Advertising" on social media marketing issues in the US.
April 28, 2015
The National Law Journal listed Lisa E. Davis as one of the 75 most accomplished female attorneys working in the legal profession today. Read more.
April 21, 2015
Congratulations to our partner Victoria Cook who was listed by Variety in their annual New York Women's Impact Report. The report spotlights innovators, overachievers and the execs at the top of the Gotham entertainment business. View Article
April 21, 2015
Bob Ambrogi of Lawyer 2 Lawyer interviews Nicole Hyland about her popular blog analzying the legal ethics of the show, 'Better Call Saul.' View Article
April 20, 2015
MLex quoted Brian G. Murphy in "Digital Advertisers Need to Consider Disclosures for 'Ordinary Consumer,' FTC Official Says" on how rapidly advertising is evolving. View Article
April 17, 2015
Victoria Cook spoke with The Insider about the pending lawsuits against Fox's hit show, "The Empire."
April 17, 2015
Maura Wogan and Jeremy S. Goldman were listed in Variety's Legal Impact Report for 2015. View Article
April 14, 2015
A day barely passes without news of a major data breach perpetrated by outsiders who gained unauthorized access to sensitive personal information and intellectual property stored on company computers. Read more.
April 10, 2015
For a variety of reasons, some New York lawyers choose to practice "virtually" - that is, they conduct their business primarily over the Internet, rather than through a physical law office. Read more.
April 9, 2015
CMO Council and TheMarketingSite.com quoted Global Advertising Lawyers Alliance (GALA) Chairman, Jeffrey Greenbaum, on GALA's recent release of "Advertising Law: A Global Legal Perspective," an advertising law book which provides an overview of the advertising and marketing laws in 56 countries.
April 8, 2015
Bloomberg BNA quoted Nicole Hyland on the legal ethics of two recent cases of alleged attorney misconduct. View Article
April 3, 2015
Bloomberg BNA quoted Brian Murphy on the use of Communications Decency Act Section 230 by review site publishers facing defamation claims for allegedly inaccurate reviews.
April 2, 2015
Tyler Maulsby summarized recent NY ethics opinions in the April 2015 issue of the New York Legal Ethics Reporter. Read more.
April 1, 2015
MediaPost quoted Rick Kurnit in "Ad Lawyers' Predictions: Data Will Be King, Disclaimers Will Disappear," an article on the future of disclosures in advertising. View Article
March 31, 2015
Catherine Farrelly was quoted by Law360 in reaction to the U.S. Supreme Court ruling stating that federal court decisions on “likelihood of confusion” can be precluded by earlier findings on the same issue from the Trademark Trial and Appeal Board.
March 26, 2015
Above the Law interviewed Nicole Hyland on her blog "The Legal Ethics of Better Call Saul". View Article
March 26, 2015
We frequently see private placement memoranda, seeking to raise capital for films, which refer to independent film success stories such as "My Big Fat Greek Wedding," "Little Miss Sunshine," or other independent films which became box office hits. Read more.
March 26, 2015
The recent Supreme Court decision in B&B Hardware, Inc. v. Hargis Industries, Inc. contains some important news for trademark owners and practitioners. Read more.
March 26, 2015
Nicole Hyland was interviewed for Slate's TV Club Podcast about her Tumblr blog which discusses the legal ethics of "Better Call Saul." (min 14:20 - 27:02) Listen to podcast.
March 25, 2015
Super Lawyers listed thirty-one Frankfurt Kurnit attorneys in its 2014 edition. Read more.
March 23, 2015
We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
