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.
Snapchat Inc., developer of a popular mobile photo and video messaging app designed to bring the fabled self-destructing message to life, agreed to settle FTC allegations that it misrepresented its privacy and data security practices - including that its messages could be made to "disappear forever" seconds after viewing. Read more.
May 16, 2014
The National Advertising Division requested that Ontel Products Corporation discontinue use of before-and-after photos in ads for the company's Pink Armor Nail Gel product. The NAD found that the company's before-and-after photographs were not representative of the level of product efficacy that a reasonable consumer could expect to achieve. Read more.
May 12, 2014
We are listed as representation for Cliff Smith (better known as Method Man) in the Hollywood Reporter as he joins LeBron James, Amy Schumer (who wrote the screenplay), Bill Hader, Brie Larson, Colin Quinn, Vanessa Bayer, Tilda Swinton, John Cena and Mike Birbiglia in the new comedy "Trainwreck". View Article
May 9, 2014
The respected independent research firm BTI has included Frankfurt Kurnit in the top 25% of 650 “bet-the-company” law firms that advise large clients on “the most complex and high-risk work.” BTI’s rankings are based on a 2014 survey of more than 300 influential corporate counsel. Survey respondents ranked firms on innovation, client service, “bet-the-company” work, value, and other factors.
May 9, 2014
VentureBeat quoted Nicole Hyland on the legal ethics of cloud computing. View Article
May 6, 2014
Adweek quoted Rick Kurnit on the question of what is an appropriate length of time outgoing agency executives should be asked to wait before beginning a new position. View Article
May 6, 2014
We have been selected as 'Advertising Law Firm of the Year - USA' by Acquisitions International Magazine.
April 30, 2014
Just three weeks ago, the New York Court of Appeals, in Albunio v. City of New York, issued a ruling on a question that has long bedeviled civil rights and employment lawyers - and their clients. Read more.
April 25, 2014
Variety honored Lisa E. Davis in its first-ever "New York Women's Impact List". View Article
April 22, 2014
Last week, New York City Mayor Bill de Blasio signed a bill amending the New York City Human Rights Law to provide that interns are now protected from workplace discrimination and harassment. Read more.
April 22, 2014
Variety listed Amy Nickin in their 2014 "Legal Impact Report". View Article
April 15, 2014
Digiday quoted Jeffrey A. Greenbaum on celebrities' "right of publicity" when it comes to social media. View Article
April 10, 2014
In a decision last week Melcher v. Greenberg Traurig LLP, New York's highest court, gave a big boost to plaintiffs wanting to sue lawyers for committing intentional fraud and deceit in the course of a court proceeding. Read more.
April 9, 2014
Advertising Compliance Service quoted Jeffrey A. Greenbaum regarding the Brazilian Ministry of Human Rights' Council of Rights of Children and Teenagers' resolution that effectively bans all advertising to children under age twelve. View Article
April 9, 2014
The ABA Journal released Nicole Hyland's podcast on "How Lawyers Can Get the Most out of Facebook’s Paid Status Updates." Listen to Podcast
April 7, 2014
We recently reported on the FTC's settlement with home security company, ADT LLC for their use of paid endorsers presented to look like impartial experts. As five recent investigations show, the ADT investigation extended to other parties. In addition, the FTC's interest in monitoring endorsements has expanded to include social media promotions. Read more.
April 3, 2014
On March 31, 2014, Governor Cuomo signed legislation to implement the New York State fiscal plan for 2014 - 2015. The legislation makes broad changes to the New York State estate and gift tax laws as well as some more technical changes to certain trust income tax rules. Read more.
April 3, 2014
Terri Seligman was quoted by MediaPost with regards to the FTC's view on what constitutes an endorsement. View Article
April 1, 2014
In Notice 2014-21 issued on March 25, 2014, the IRS announced that it will treat virtual currencies (such as Bitcoin) as "property" for U.S. federal tax purposes. Read more.
March 31, 2014
As of April 1, 2014, all commercials produced under the SAG-AFTRA contract featuring SAG-AFTRA talent must incorporate the Ad-ID coding mechanism, developed by the American Association of Advertising Agencies and the Association of National Advertisers in 2003, for commercial tracking and calculating appropriate payments. Read more.
March 28, 2014
Law360 indentified Victoria Cook and Barbara Shiers as leading "Female Powerbrokers".
March 25, 2014
The Federal Trade Commission and The National Advertising Division of the Better Business Bureau recently challenged three product demonstrations by major brands, finding that they were misleading to consumers. Here is a rundown of these important regulatory and self-regulatory developments. Read more.
March 18, 2014
The Hollywood Reporter and Deadline listed Hayden Goldblatt and Alan Sacks as representation for the filmmakers of "The Better Angels" in a distribution deal with Amplify. View Article
March 12, 2014
As part of its ongoing focus on endorsements in advertising, the Federal Trade Commission recently settled a case against home security company, ADT LLC, for use of paid endorsers presented to look like impartial experts. In its complaint, the FTC alleged that ADT paid spokespeople to review, demonstrate and promote ADT's "Pulse Home Monitoring System" without disclosing that they were paid to do so. Read more.
March 11, 2014
The FTC has recently been focused on transparency in online communications, however according to Jeff Greenbaum in his Adweek article, "FTC Busts ADT for Failing to Disclose Paid Endorsers", the recent ADT case is evidence that they are looking at traditional media as well. View Article
March 10, 2014
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