In the Press: Quoted
Nicole Hyland’s Blog in Above the Law
Above the Law mentioned Nicole Hyland's blog, "The Legal Ethics of Better Call Saul", in "Non-Sequiturs". View Article
March 20, 2015
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.
In the Press: Praise
Savoy Magazine Recognizes Lisa E. Davis
The current issue of Savoy features Lisa E. Davis in the 2015 Most Influential Black Lawyers list. It is the definitive listing of African American executives, influencers and achievers impacting corporate America. View Article
March 19, 2015
Alerts: Advertising Law
But Wait, There’s More: Infomercial Product Marketer Will Pay $8 Million to Settle
Have you ever wondered whether a late-night television infomercial offer was too good to be true? Advertising regulators wonder the same thing. Read more.
March 13, 2015
City Bar Ethics Opinion Offers Guidance on Use of PEOs
The New York Law Journal quoted Nicole Hyland on the ethical issues confronting law firms that use Professional Employer Organizations (PEOs) to outsource human resource and employee benefit functions. The article (which is behind a paywall) quoted Ms. Hyland saying: "Use of a PEO raises the risk of violating attorney ethics rules if services expand beyond benefits and HR administration into decision making about personnel". You can read more about this ethics opinion here.
March 12, 2015
In the Press: Quoted
NYCBA Says Retainer Fees OK if Certain Conditions Met
The New York Law Journal covered a New York City Bar opinion on non-refundable retainer fees. The City Bar’s Committee on Professional Ethics, which is chaired by Nicole Hyland, released the opinion. (Article behind a paywall) View Article
March 6, 2015
Alerts: Advertising Law
Not Satisfied: FTC Says Car Shipment Broker Misrepresented Online Reviews
AmeriFreight, an automobile shipment broker, has agreed to settle FTC charges that it deceived customers by advertising the quantity and quality of its online customer reviews, while failing to disclose that it provided incentives to its customers to author them. Read more.
March 5, 2015
In the Press: Quoted
Give Talent Some Space: Media360Summit
Campaign Asia-Pacific covered Rick Kurnit's presentation, "Talent: Culture, Compensation, and Communication", on the intricacies of hiring and firing talent in the media business. The presentation was a part of the 2015 Media360Summit in Hong Kong. (Article behind a paywall) View Article
February 26, 2015
Alerts: Advertising Law
Paying Attention: FTC Focuses on Cognitive Function Claims in a Video Game
The Federal Trade Commission has made clear in recent months that it will scrutinize claims from advertisers about products that allegedly improve cognitive function, including video game products. Read more.
February 23, 2015
NYC Bar Warns Firms To Tread Lightly With HR Outsourcing
Law360 quoted Nicole Hyland on the ethical issues confronting law firms that use Professional Employer Organizations (PEOs) to outsource human resource and employee benefit functions. The article (which is behind a paywall) quoted Ms. Hyland saying: "Law firms are ethically permitted to use PEOs, subject to certain guidelines. The law firm must scrutinize the PEO Agreement carefully to make sure that it does not interfere with the lawyers' ethical obligations." You can read more about this ethics opinion here.
February 20, 2015
Alerts: Technology Law
The Internet of Things: Best Practices for Developers
What is the Internet of Things (the "IoT")? It's the ability of everyday objects to connect to the internet and collect and transmit data. Read more.
February 18, 2015
Alerts: Art Law
What to Do if You Receive a Subpoena
The press has reported on an investigation by the New York County District Attorney's Office into whether New York-based art galleries and collectors are properly collecting and paying sales tax on art purchases. Read more.
February 12, 2015
In the Press: Quoted
Crain’s Executive Moves
Crain's New York Business covered Frankfurt Kurnit's promotion of Christopher Chase, Alan Sacks, and Jeremy S. Goldman to partner positions. View Article
February 9, 2015
Published Articles
Law Firm In-House Privilege Revisited
Ronald C. Minkoff was featured in the New York Legal Ethics Reporter with the article, "Law Firm In-House Privilege Revisited". Read more.
February 8, 2015
Alerts: Advertising Law
Get Ready for Changes to Fair Packaging and Labeling Act Regulations
There's news for consumer product manufacturers, packagers and distributors. Read more.
February 6, 2015
In the Press: Quoted
5 Blatant Mobile Game Rip-offs
Yahoo! Tech quoted S. Gregory Boyd on why mobile game makers might not sue potential infringers. View Article
February 6, 2015
In the Press: Quoted
Opening Up IP in Cuba: Get Your Trademarks in Line
On February 3, 2014 Corporate Counsel quoted Catherine M.C. Farelly on how the United States' recent ease of trade restrictions on Cuba affects U.S. trademark owners.
February 3, 2015
Alerts: Entertainment Law
On Further Review: Former NFL Players’ Right of Publicity Suit Advances
There was a big development in the closely followed Davis v. Electronic Arts, Inc. case - a case focusing on the alleged unauthorized use of player images and likenesses in the popular Madden NFL video game series. Read more.
February 3, 2015
In the Press: Praise
BTI Names Frankfurt Kurnit a Client Service A-Team 2015
The BTI Client Service A-Team is limited solely to law firms considered by clients to deliver the absolute best levels of client service. The ranking is based on independent, unbiased feedback from clients, no law firm influences the results, submits nominations or provides client names.
February 2, 2015
In the Press: Quoted
Businesses Stay Clear of Using Super Bowl Name
The New York Times, Fox News, HeraldNet (here), Demanjo NewsDesk, The DPost.com, News Bites, SaintPetersBlog, The Lewinston Tribune Online, and Chicago's Daily Herald quoted Jeff Greenbaum on the use of the phrase - "Super Bowl" - in advertising.
January 30, 2015
Alerts: Intellectual Property Law
Protect Your Trademarks in Cuba Now
With President Obama's December 17, 2014 announcement of the reestablishment of diplomatic relations with Cuba, a number of travel and trade restrictions with Cuba have been lifted, with more expected to follow. Read more.
January 29, 2015
Alerts: Advertising Law
FTC Focuses on Search Terms in Settlement with Maker of Children’s Dietary Supplements
The FTC recently settled a children's dietary supplements complaint with NourishLife, LLC and its owner, Mark Nottoli. Read more.
January 26, 2015
In the Press: Quoted
Hofstra, Frankfurt Kurnit Launch Online Ethics Publication
On January 22, 2015 the New York Law Journal covered the debut of New York Legal Ethics Reporter (NYLER), an online publication launched by Frankfurt Kurnit and The Maurice A. Deane School of Law at Hofstra University. Along with monthly articles on New York ethics, malpractice and professional responsibility law, the website offers readers the opportunity to earn CLE credits. NYLER continues the tradition of the former New York Professional Responsibility Report (NYPRR), published by Lazar Emanuel who passed away in 2012.
January 22, 2015
In the Press: Quoted
Hofstra and Frankfurt Kurnit Relaunch Online Ethics Journal
On January 22, 2015 the Long Island Business News reported on the New York Legal Ethics Reporter (NYLER), an online publication recently launched by Frankfurt Kurnit and The Maurice A. Deane School of Law at Hofstra University, which continues the tradition of the former New York Professional Responsibility Report (NYPRR).
January 22, 2015
In the Press: Quoted
Frankfurt Kurnit Promotes Three to Partner
World Intellectual Property Review covered Frankfurt Kurnit's promotion of Christopher R. Chase, Alan Sacks, and Jeremy S. Goldman to partner positions. (Article behind a paywall) View Article
January 9, 2015
Press Releases
Frankfurt Kurnit Law Firm Promotes Top Advertising, Litigation, and Entertainment Lawyers to Partner
January 6, 2015, New York, N.Y. - Frankfurt Kurnit Klein & Selz, PC has elected Christopher R. Chase, Jeremy S. Goldman and Alan Sacks as partners effective January 1st, 2015. Read more.
January 5, 2015
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