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.
Alerts: Legal Ethics and Professional Responsibility
Are Your Pre-Merger Communications with Your Client Protected?
The purchaser in a corporate merger owns the seller's pre-merger communications with its lawyer, according to a recent Delaware decision. In Great Hill Equity Partners Iv, LP v. SIG Growth Equity Fund I, LLP, the buyer sued former shareholders of the seller alleging they fraudulently induced the buyer to enter into the transaction. Read more.
December 10, 2013
Alerts: Advertising Law
Highlights from FTC’s Native Advertising Workshop: More Questions Than Answers?
The Federal Trade Commission (the "FTC") hosted its much-anticipated workshop, "Blurred Lines: Advertising or Content?", in Washington, DC. The workshop facilitated a discussion among major industry stakeholders on the practice of "native advertising" in order to help the FTC determine whether additional regulatory guidance is needed. Read more.
December 9, 2013
In the Press: Quoted
Madeline and The Family Business
Forbes quoted Edward H. Rosenthal and Barbara E. Shiers in an article about the estate of Ludwig Bemelmans, the creator of Madeline. View Article
December 6, 2013
In the Press: Quoted
FTC Goes After Flashlight App for Sharing Location Data
MediaPost quoted Jeffrey A. Greenbaum on an investigation of an app that facilitates sharing of geolocation data and unique device identifiers with ad networks. View Article
December 5, 2013
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In the Press: Quoted
‘Astroturfing’ Bust Spotlights Online Review Troubles
Corporate Counsel quoted Jeffrey A. Greenbaum in an article about the details of a yearlong undercover operation designed to halt illegal reviewing activity. View Article
December 2, 2013
Alerts: Restaurant Law
Federal Court Says Supervisors May Participate in Tip Sharing
On November 21, 2013, the Second Circuit in New York issued a decision in Barenboim v. Starbucks, interpreting § 196-d of New York's Labor Law, which prohibits an employer, his or her agent or an officer of a corporation from retaining any part of a gratuity. Read more.
December 2, 2013
In the Press: Quoted
10 Screenwriters to Watch
Variety recognized Andrew Hurwitz's client Jennifer Lee as one of "10 Screenwriters to Watch". View Article
November 26, 2013
Published Articles
Right of Publicity Claims Based on Brand Integration into Editorial Content
Rick Kurnit published an article in Lawyer Monthly's Global Expert Guide to IP 2014 about brand integration and editorial content. View Article
November 22, 2013
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In the Press: Praise
Candice Kersh Named Advertising Lawyer of the Year
Best Lawyers named Candice Kersh the 2014 Advertising Lawyer of the Year - New York City. Candice is the first woman to receive this honor. View Article
November 21, 2013
Alerts: Intellectual Property Law
Proposed Bill Would Help Brand Owners Keep Trademark and Copyright Infringing Goods Out of the U.S.
Brand owners and intellectual property rights advocates are reaching out to Congress to voice their support for S. 662, the "Trade Facilitation and Trade Enforcement Reauthorization Act of 2013." The bill, if passed, would strengthen enforcement of intellectual property laws at U.S. borders. Read more.
November 12, 2013
In the Press: Quoted
Terri Seligman Featured in Electronic Commerce & Law Report
Terri Seligman was featured in Electronic Commerce & Law Report on how the new federal gift card regulations affect social buying websites such as Groupon and LivingSocial.
November 11, 2013
Alerts: Legal Ethics and Professional Responsibility
Use of “Of Counsel” Title for Lawyers in Foreign Countries
A recent New York City Bar Professional Ethics Committee opinion offers important new guidance to New York law firms on use of the "of counsel" title for lawyers who work in foreign countries. The opinion states that a New York law firm can designate as "of counsel" a New York attorney who resides and practices law overseas, provided the firm complies with three criteria. Read more.
November 7, 2013
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In the Press: Praise
Frankfurt Kurnit in “Best Lawyers 2014”
In its 2014 edition Best Lawyers ranked Frankfurt Kurnit in "Tier 1" in Advertising, Copyright, Entertainment, Trademark, and Trust & Estates Law, "Tier 2" in Litigation (IP) and Media Law, and "Tier 3" in Commercial Litigation and Regulatory Enforcement Litigation. Read more.
November 6, 2013
In the Press: Quoted
Will Publishers Lose Free-Speech Protection with Native Advertising?
Rick Kurnit was quoted by MediaPost after his panel discussion at the OmmaNative conference. View Article
November 5, 2013
Alerts: Employment Law
Legal Requirements for Working with Child Models
On October 21, New York State passed a new child labor law. This law adds print and runway models under the age of 18 to the definition of "child performers" protected by the New York Labor Law. Read more.
November 5, 2013
Alerts: Advertising Law
iPhone Accessories Company Settles FTC Charges
A marketer of iPhone accessories and other products recently settled Federal Trade Commission charges that the company made false claims that its products are made in the United States. Read more.
October 29, 2013
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In the Press: Praise
Adweek Names Rick Kurnit a Top 50 Executive
Rick Kurnit has been named to Adweek's Top 50 Executives Who Make the Wheels Turn list. He was the only lawyer on a list comprising buyers, sellers, content makers and marketers who are taking a break from tradition and generating revenue as they do so. View Article
October 29, 2013
In the Press: Quoted
Actor-Filmmaker Josh Radnor Signs with UTA
The Hollywood Reporter listed Andrew Hurwitz as counsel for Josh Radnor, star of How I Met Your Mother and writer and director of two Sundance features. View Article
October 25, 2013
In the Press: Quoted
Jeffrey A. Greenbaum Quoted by The Wrap on “Scandal” Scandal
The Wrap quoted Jeffrey A. Greenbaum in its article about allegations that ABC used an ABC employee to run a fan blog and tweet in support of the show "scandal" without disclosing the relationship. View Article
October 25, 2013
Alerts: Privacy & Data Security Law
California Amends Its Online Privacy Protection Act
Last month California introduced two amendments to the state's privacy law, the California Online Privacy Protection Act. The amendments establish new requirements for operators of websites, online services and mobile apps that collect personal information about California residents. Read more.
October 21, 2013
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Alerts: Advertising Law
Reminder: New Written Consent Requirements for Telemarketing Calls Go into Effect on Oct 16, 2013
In February 2012, the FCC approved and published the amended Telephone Consumer Protection Act regulations, which provide additional protections for consumers concerning autodialed and prerecorded calls. Read more.
October 16, 2013
Alerts: Advertising Law
Native Advertising Sweeps Industry Regulatory Landscape
In the modern media landscape, companies often blend advertisements with news, entertainment, and other content, a practice sometimes referred to as "native advertising." When consumers do not realize that they are viewing advertising or sponsored content both the media and the advertisers generally have an obligation to disclose to consumers that the content is, in fact, sponsored content. Read more.
October 14, 2013
In the Press: Praise
Frankfurt Kurnit in the “Legal 500” 2013
The 2013 edition of Legal 500, a London-based directory of leading lawyers, recommended Frankfurt Kurnit for Media, Technology & Telecoms (marketing and advertising) and Intellectual Property (Copyright). Read more.
October 14, 2013
Alerts: Advertising Law
EA Settles Major Right of Publicity Case with Athletes
Popular video game manufacturer Electronic Arts recently settled claims brought against the company by former college athletes over EA's use of athletes' personas in its major game series, NCAA Football and NCAA Basketball. Read more.
October 14, 2013
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In the Press: Praise
Frankfurt Kurnit: One of the “Best Places to Work in New York City” 2013
Frankfurt Kurnit Klein & Selz was #25 on Crain’s New York Business’s list of the “Best Places to Work in New York City." Crain's based the results on surveys of 12,494 employees at New York City companies.
October 11, 2013