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.
Super Lawyers listed twenty-seven Frankfurt Kurnit attorneys in its 2013 edition. In addition Super Lawyers recognized Terri Seligman in its "Top 50 New York Women Lawyers List". Read more.
October 11, 2013
The ABA Journal quoted Ronald Minkoff on new and emerging positions in the legal world. View Article
October 3, 2013
The current Federal estate, gift and generation-skipping transfer tax exemption amounts are projected to increase in 2014. Here are he projected adjustment, compared to 2012 and 2013. Read more.
October 1, 2013
The Lawyer published Sean F. Kane's article on "Copyright Assignment Termination After 35 Years: The Video Game Industry Comes of Age".
September 30, 2013
Law360 published Sean F. Kane's article, "Evolving Case Law on the Fair Use of Famous Trademarks in Video Games".
August 31, 2013
Facebook introduced significant changes to its terms of service yesterday in an effort to make it easier for businesses to administer sweepstakes, contests and other promotions on its site. Read more.
August 28, 2013
In separate settlements with the FTC, three mattress manufacturers recently agreed to stop making alleged unsupported green claims, including that their mattresses do not contain harmful volatile organic compounds. Read more.
August 8, 2013
Nicole Hyland was quoted by Business2Community on the ethics of social media for practicing lawyers. View Article
July 31, 2013
Increasingly, lawyers are faced with questions about whether they should advise clients about the use of social media. While news reports and ethics opinions have focused primarily on lawyers' social media use, the issue of client counseling has received less attention. Now, a new ethics Opinion by the New York County Lawyers Association concludes that lawyers may ethically counsel clients about their use of social media, including, in some circumstances, advising them to "take down" social media content. Read more.
July 29, 2013
Deadline Hollywood recognized Maura Wogan and Frankfurt Kurnit as counsel to Sycamore Pictures in a case filed by Seven Seas Partnership. View Article
July 22, 2013
As you probably know, two recent Supreme Court cases have altered the estate planning landscape. Here's a summary of what happened with the Defense of Marriage Act - and suggestions for how to proceed. Read more.
July 17, 2013
For some companies, summer interns aren't just bringing coffee this year. They're also bringing legal trouble. In an important decision on the subject of unpaid interns, a New York federal court ruled in June that Fox Searchlight Pictures Inc. should have classified certain interns as "employees" and paid them pursuant to state and federal wage and hour laws. Here's a summary of what you need to know to help ensure your intern program is on the right side of the law. Read more.
July 10, 2013
As part of its ongoing effort to provide guidance to digital advertisers (including the recent release of the updated digital advertising guidance, staff at the Federal Trade Commission's Bureau of Consumer Protection recently sent a letter to search engine companies, including Google, Bing, Yahoo! and various shopping, travel and local business search engines. Read more.
July 1, 2013
Online Media Daily quoted Jeffrey A. Greenbaum on the FTC's warning to search engines about paid ads. View Article
June 26, 2013
Working Mother magazine Named Frankfurt Kurnit to its Best Law Firms for Women List. Read more.
June 19, 2013
The Daily Online Examiner quoted Jeffrey A. Greenbaum about a lawsuit filed against BuzzFeed alleging the use of photos in their slideshows was done without permission. View Article
June 18, 2013
Jeffrey A. Greenbaum addressed legal issues arising from the intersection of advertising and entertainment at the SHOOT Directors/Producers Forum and was mentioned in an article highlighting the major topics from the event. (Article behind a paywall) View Article
June 14, 2013
SFGate featured Rick Kurnit and his contributions to DOROT, an innovator in mobilizing volunteers to improve the lives of the elderly.
May 23, 2013
Student newspaper, Brandeis Independent, quoted Jeffrey A. Greenbaum on the job market for college graduates. Read more.
May 21, 2013
A big change in a small state may have made your skill contests easier: Vermont has amended its Contests and Sweepstakes law to permit marketers to require a purchase as part of a contest. Read more.
May 20, 2013
In an effort to provide clarity on it its revised Children's Online Privacy Protection Rule ("Rules"), the FTC recently published a list of Frequently Asked Questions ("FAQs") with information on how to comply. Read more.
May 16, 2013
Hollywood Reporter identified Maura Wogan as lead counsel for Hasbro in a case of unauthorized production of a film based on Dungeons & Dragons, the copyrights and trademarks of which are owned by Hasbro Inc. View Article
May 14, 2013
Professional Negligence News quoted Nicole Hyland in an article about the judicious use of electronic social media. Read more.
May 10, 2013
The Federal Trade Commission issued a report this week proposing to modernize the "Mail or Telephone Order Merchandise Rule". The rule, originally issued in 1975 and known by many as the"30 Day Rule", requires merchants selling products by mail or phone to have a reasonable basis to expect that they can ship products within the advertised time frame, or, if no time frame is specified, within 30 days. Read more.
May 8, 2013
Acquisition International has presented Frankfurt Kurnit with the award for Advertising Law Firm of the Year - USA. The Acquisition International M&A awards recognize investors, advisers and service providers in their specialized fields.
May 8, 2013
We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
