In the Press: Quoted
Battle of the (Supreme) Sexes
Metro New York mentioned Edward H. Rosenthal as the trademark lawyer for Leah McSweeney, owner of the "Married to The Mob" brand. View Article
May 6, 2013
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: Quoted
Oakley Challenges Nike
Sports Business Daily quoted Christopher Chase on the right of first refusal for sponsorship deals. View Article
May 6, 2013
In the Press: Quoted
“Supreme Bitch” Case—Frankfurt Kurnit Defends Leah McSweeney
Edward H. Rosenthal defends Leah McSweeney, founder of the women's streetwear brand, "Married to The Mob" against trademark claims brought by Chapter 4 Corp., which manufactures “boys’ club” skateboard street wear.
May 2, 2013
In the Press: Quoted
Social Media “No-No” Has Restaurant Doing Major Damage Control
Edward H. Rosenthal was quoted in Delware Online on a social media incident involving Padi restaurant.
April 26, 2013
Alerts: Employment Law
Monitoring Employee E-mails
E-mail can be powerful evidence in a dispute, and whether employers and criminal investigators may use employee e-mail in litigation proceedings is a hot topic. A recent New York federal court decision outlined the current law in this area. Read more.
April 25, 2013
Alerts: Privacy & Data Security Law
Drive-By Storing: Google Agrees to Pay $7 Million to Settle Street View Privacy Case
According to a recent settlement, in addition to images of the world's roads and buildings, Google's special Street View vehicles may have also collected personal information from users on unencrypted business and personal wireless networks. Read more.
April 18, 2013
In the Press: Quoted
So You Want to Self-Regulate? The National Advertising Division as Standard Bearer
The ABA's Antitrust Journal article quoted Jeffrey A. Greenbaum on how NAD decisions serve as an important source of guidance for advertisers.
April 15, 2013
Alerts: Technology Law
HTC Settles FTC Device Security Charges
In February 2013, HTC, one of America's biggest sellers of mobile devices based on the Android, Windows Mobile, and Windows Phone operating systems, settled FTC charges that millions of its smartphones and tablets had security holes that allowed malicious applications to send text messages, record audio, and even install additional malware onto a consumer's HTC device, without users' knowledge or permission. Read more.
April 12, 2013
In the Press: Quoted
DreamWorks, Participant Board Catholic Sex Scandal Project
Variety listed Andrew Hurwitz as counsel for Director Tom McCarthy in an article about McCarthy's latest film. View Article
April 12, 2013
Alerts: Advertising Law
JPC and SAG-AFTRA Tentative Deal Terms
The Joint Policy Committee and SAG-AFTRA reached a tentative deal on a new Commercials Contract. If approved, the deal will then be presented to SAG-AFTRA's full membership for ratification. Read more.
April 11, 2013
Alerts: Employment Law
Hiring: New Law Protects Unemployed Job Applicants
Beginning June 11, 2013, a new New York City law aims to prohibit employers from basing hiring decisions on an applicant's unemployment status. The new law, which amends the New York City Human Rights Law, also bars job advertisements that require applicants to be employed. New York City employers should note the change in the law and take steps to ensure their hiring policies and procedures are in compliance. Here's a summary. Read more.
April 8, 2013
In the Press: Praise
Frankfurt Kurnit Named One of the Hottest Midsize Law Firms in 2013
The National Law Journal included Frankfurt Kurnit in its coveted "Midsize Hot List" as one of the nation’s top firms. The list showcases 20 of the nation's top midsize law firms based on business strategies, clients, and firm success.
April 8, 2013
In the Press: Quoted
FTC: In Making Disclosures, Size Doesn’t Matter
Response Magazine quoted Jeffrey A. Greenbaum on the updated FTC Dot-com Disclosure Guides.
April 8, 2013
In the Press: Quoted
Young & Rubicam Refuses to Let Carter Murray Out of His Contract
AdWeek quoted Rick Kurnit in an article on best practices concerning notice periods. View Article
April 7, 2013
In the Press: Quoted
Andrew Hurwitz in the Hollywood Reporter
Andrew Hurwitz was mentioned as the lawyer for Director, Tom McCarthy. Read more.
April 4, 2013
Alerts: Employment Law
New I-9 Forms Take Effect May 8
On March 8, 2013, the U.S. Citizenship and Immigration Services published a revised Form I-9 for use in verifying employment eligibility. Read more.
April 3, 2013
In the Press: Praise
Frankfurt Kurnit in Chambers 2013
For the ninth consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit. Read more.
March 27, 2013
Published Articles
The Right of Publicity
The NYSBA Entertainment, Arts, and Sport Law Journal published Edward H. Rosenthal's article on the "Right of Publicity".
March 22, 2013
Alerts: Intellectual Property Law
ICANN Introduces Trademark Clearinghouse to Protect Trademark Holders Online
Recent changes in available domain names may open up new possibilities for trademark infringement. Read more.
March 18, 2013
Alerts: Advertising Law
New FTC Guidelines on Digital Ads
Yesterday, the staff of the Federal Trade Commission issued new guidance to advertisers about how to make effective disclosures in digital advertising. Updating the 2000 "Dot Com Disclosures" guidance, the new guidance, ".com Disclosures: How to Make Effective Disclosures in Digital Advertising," addresses technological developments over the last 10+ years, including the increased use of smart phones for advertising and social media marketing. Read more.
March 13, 2013
In the Press: Quoted
FTC Updates Truth-in-Advertising Disclosures
Media Post Online quoted Jeffrey A. Greenbaum about warning advertisers to review how their websites function on mobile devices. View Article
March 12, 2013
Alerts: Employment Law
When Do Writers Fall Within the FLSA “Creative” Exemption?
The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay standards for employees. How you classify employees under the FLSA is critical: there's a lot of money involved, and a mistake can lead to audits, class action lawsuits, and unnecessary expense. Two recent cases have focused on an especially difficult area of classification law - the so-called "creative professional exemption." It's an area of particular import for owners and managers in creative industries. Read more.
March 12, 2013
In the Press: Quoted
Marketers Wait in Vain for Feds to Act on Regulation
Terri Seligman was quoted by Advertising Age on regulations by the Food and Drug Administration and Federal Trade Commission. View Article
March 11, 2013
Alerts: Advertising Law
NAD Decision Did Not Support Class Action Suit Against Bayer
One of the disturbing trends for advertisers over the last few years has been the class action bar's interest in NAD decisions and its review of such decisions to provide fodder for consumer fraud cases. As a result, advertisers and challengers have had to consider the risk of a class action pile-on when engaging in cases at NAD. A recent court decision, however, may help to dampen the class action bar's interest in using the self-regulatory forum's decisions as a weapon. Read more.
March 8, 2013
Published Articles
Why Jewel V. Boxer is Wrong
The American Bar Association published Caren Decter and Ronald Minkoff's article on the impact of the Jewel v. Boxer. View Article
March 5, 2013
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