Published Articles
Defining Native Advertising
The ABA Communications Lawyer journal published Rick Kurnit's article, "Defining Native Advertising" in the fall 2014 edition. View Article
October 9, 2014
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.
The ABA Communications Lawyer journal published Rick Kurnit's article, "Defining Native Advertising" in the fall 2014 edition. View Article
October 9, 2014
The Hollywood Reporter continues its coverage of the Hasbro Inc. v. Sweetpea Entertainment trial – the battle over film rights to the Dungeons & Dragons property. Maura Wogan and Jeremy S. Goldman represent Hasbro. View Article
October 8, 2014
Bizcommunity.com quoted Jeffrey Greenbaum on legislation in Russia that impacts the ability of marketers to advertise beer.
October 7, 2014
The FTC recently issued final amendments to the Mail or Telephone Order Merchandise Rule (also known as "the 30 Day Rule"), which requires sellers to have a reasonable basis for stating they can ship ordered items to consumers within the time specified or if no time is specified, within 30 days. Read more.
October 6, 2014
Frankfurt Kurnit Klein + Selz has appointed Catherine M. C. Farrelly (formerly Catherine M. Clayton) as partner and co-chair of the firm’s Trademark and Brand Management Group effective September 30th, 2014. Read more.
October 1, 2014
Here's some news for agencies and brands that market via phone to consumers in Connecticut: On October 1, 2014, Connecticut's new telemarketing law goes into effect. Read more.
September 30, 2014
HR Solutions Blog quoted Wendy Stryker on "Job Interview Questions that Could Land You in Legal Trouble". View Article
September 30, 2014
The current Federal estate, gift and generation-skipping transfer (GST) tax exemption amounts are projected to increase in 2015. Read more.
September 29, 2014
Deadline Hollywood quoted Jeremy S. Goldman's closing arguments in Hasbro v. Sweetpea. View Article
September 25, 2014
The New York Post quoted Wendy Stryker on the Shanley v. Louise Blouin Media employment lawsuit. View Article
September 24, 2014
Yelp, a business search and review service website, and TinyCo, a developer of gaming apps geared towards children, recently agreed to settle FTC allegations. Read more.
September 23, 2014
Shoot magazine quoted Jeff Greenbaum in a moderated panel about budget issues in the production landscape. (Article behind a paywall) View Article
September 23, 2014
Above the Law interviewed Frankfurt Kurnit alumna Helen Wan about her novel The Partner Track. View Article
September 17, 2014
Law360 and Deadline Hollywood covered the start of the trial between our client Hasbro and Sweetpea Entertainment over the movie rights to "Dungeons & Dragons". Maura Wogan and Jeremy S. Goldman represent Hasbro and lead our trial team in California. View Article
September 17, 2014
Vice interviewed Lisa Davis on "cultural appropriation and copyrights in hip-hop". View Article
September 16, 2014
Edward Rosenthal appeared on the Today Show to discuss a copyright dispute involving Robin Thicke and Pharrell Williams's hit song, Blurred Lines, and whether the artist and the producer in making the song infringed the copyright in a famous Marvin Gaye tune.
September 16, 2014
South Carolina recently revised its Solicitation of Charitable Funds Act. The Act now contains new requirements - effective October 4, 2014 - for advertisers whose commercial co-ventures are open to South Carolina residents. Here's a summary of what you need to know. Read more.
September 16, 2014
The Hollywood Reporter listed Maura Wogan and Jeremy S. Goldman as lead counsel for Hasbro in an upcoming trial about who owns the rights to "Dungeons and Dragons". View Article
September 15, 2014
Entertainment Newsweekly mentioned Lisa E. Davis in its report on the announced speaker line-up for The National Association for Multi-Ethnicity in Communication's (NAMIC) 28th Annual Conference.
September 12, 2014
In June 2014, the FDA issued draft guidance for the pharmaceutical industry titled "Internet/Social Media Platforms: Correcting Independent Third-Party Misinformation About Prescription Drugs and Medical Devices." Read more.
September 12, 2014
The Hollywood Reporter listed Hayden Goldblatt as representative to the filmmakers of "The Last 5 Years". View Article
September 5, 2014
Law360 listed Ronald Minkoff and Caren Decter as counsel in the matter of McMillan v. Barclays Bank PLC.
September 4, 2014
The Ninth Circuit recently affirmed what many industry players already recognized: when conducting eCommerce with consumers, the safest practice for businesses looking to enforce their website's terms is to include obvious indicia of consumer consent, possibly through use of a "clickwrap" agreement (where website users are required to affirmatively click on an "I agree" box). Read more.
September 3, 2014
While tax incentives for film and television productions receive a lot of publicity, many states offer valuable business incentives for the production or development of video games as well. Read more.
August 18, 2014
Best Lawyers recognized our firm and 16 of our attorneys in their 2015 list. Read more.
August 18, 2014
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