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: Employment Law
Same-Sex Harassment Claim Will Go to Trial
Plaintiffs alleging sex discrimination in cases of same-sex harassment often have a more difficult row to hoe than plaintiffs complaining of opposite-gender harassment. For example, employers have sometimes been able to dismiss same-sex sexual harassment claims by arguing the offending words or actions did not express actual sexual desire or arise from perceived sexual orientation. But these arguments do not always work, as a New York employer learned this week. Read more.
March 4, 2013
Published Articles
Social Media Security
The Disciplinary Board of the Supreme Court of Pennsylvania's Attorney featured Nicole Hyland's article on the "Ethics of Social Media Use" in its newsletter.
March 1, 2013
Alerts: Employment Law
Was $70,000 Salary Reduction a “Constructive Termination” - or Did Employee Resign?
When an employment situation deteriorates, one high-stakes question is whether an employer will have to make a contractually guaranteed severance payment. Severance payments can be substantial. But an employer who takes the position an employee resigned and is not entitled to severance may find itself in an expensive litigation. Read more.
February 20, 2013
Alerts: Privacy & Data Security Law
FTC Releases Best Practices for Mobile Privacy and Fines Mobile Service Provider $800,000
The Federal Trade Commission issued a staff report on Friday recommending ways for participants in the mobile ecosystem to improve their mobile privacy disclosures. The report includes guidance tailored for key commercial players involved in the mobile area, including platforms (such as Apple's iOS and Google's Android), app developers, certain third parties (such as ad networks and analytics companies), and trade associations. Read more.
February 8, 2013
Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up.
In the Press: Quoted
James Wolk To Co-Star In David E. Kelley CBS Comedy Pilot
Deadline listed Amy Nickin as counsel to James Wolk in his deal to co-star in Crazy Ones on CBS. View Article
February 7, 2013
Alerts: Advertising Law
FTC Sanctions Ad Network for History Sniffing
In December, an FTC order barred Epic Marketplace, Inc. from continuing a practice known as history sniffing. The technology employed by the company allowed them to track sensitive information including certain medical and financial information for millions of consumers. Read more.
February 6, 2013
In the Press: Praise
Frankfurt Kurnit’s IP Chair Ranked One of 19 Top IP Attorneys
The BTI Consulting Group ranked Edward H. Rosenthal as one of 19 "Topflight IP Attorneys" for excellence in client service, based on a survey of 240 corporate counsel.
February 5, 2013
Alerts: Advertising Law
Court Invalidates Zappos’ Browsewrap Agreement
In early 2012, Zappos, a division of Amazon, was the victim of an enormous customer data breach affecting 24 million records. Class action attorneys filed cases against the online shoe retailer citing multiple breaches of contract and privacy violations. Zappos' Terms of Use contained an arbitration provision, which may have saved the company from the plague of the class action bar, but it didn't. Read more.
January 17, 2013
Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up.
Alerts: Advertising Law
Steps To Consider As SAG-AFTRA Contract Expiration Nears
As we enter the new year, agencies and brands have no doubt heard lots of talk about the impending March 31, 2013 expiration of the SAG commercials contract, AFTRA commercials contract and AFTRA radio contract, and the potential for a strike. What are the implications of this deadline, and what can advertisers do now to prepare? Read more.
January 15, 2013
Alerts: Privacy & Data Security Law
A Public Privacy Fight: California Sues Delta for Failing to Include Privacy Policy in Mobile App
Delta Airlines was not first in flight but it did achieve a different first last month when the California Attorney General sued the company for alleged violations of a never-before-litigated state privacy law, the California Online Privacy Protection Act. Read more.
January 14, 2013
Published Articles
In Wake of Scandals, Marketers Should Pay Extra Attention to Morals Clauses
Advertising Age published Christopher R. Chase's article on celebrity endorsements and morals clauses. Read more.
January 14, 2013
In the Press: Quoted
Lisa Davis in Mother Knows Best: 9 Successful Women Reveal the Best Career Advice They Got from Mom
Madame Noire featured Lisa E. Davis in an article highlighting nine successful women and the women who were key in shaping them.
January 11, 2013
Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up.
Alerts: Advertising Law
California Releases New Mobile App Privacy Recommendations
California's Attorney General recently released a set of official privacy recommendations for consideration by mobile app developers, mobile ad networks and related industry players. Read more.
January 10, 2013
In the Press: Quoted
Cyberlaw Predictions: The Privacy Policy Debate in the United States
Bloomberg BNA quoted Terri Seligman on the future of cyberlaw policy in 2013.
January 9, 2013
Alerts: Advertising Law
FTC Report Faults Mobile App Makers on Privacy
On December 10th, the Federal Trade Commission issued a staff report, "Mobile Apps for Kids: Disclosures Still Not Making the Grade" -- a follow-up to an earlier staff report, "Mobile Apps for Kids: Current Privacy Disclosures Are Disappointing." The new staff report included results of a survey of children's mobile "apps" available in Apple's App Store and Google's Android Market. Read more.
January 7, 2013
Press Releases
Nine Frankfurt Kurnit Women Honored As “Super Lawyers”
Nine Frankfurt Kurnit women appeared in The New York Times Magazine’s women "Super Lawyers" list for 2012. The list appeared on December 30th in a special section devoted to women attorneys in the New York metropolitan area. Read more.
January 4, 2013
Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up.
Alerts: Advertising Law
Get Ready for a New Children’s Online Privacy Protection Act Rules
In December, the FTC released its long-awaited update to the Children's Online Privacy Protection Act (COPPA). COPPA, originally written in 1998, covers information collected online from Children under the age of 13. The statute applies to digital applications and websites that are directed toward children or that knowingly collect personal information from children. The update contains important changes for advertisers, agencies, and other business operators. The changes go into effect on July 1, 2013. Here's a rundown of what you need to know. Read more.
January 3, 2013
In the Press: Praise
Frankfurt Kurnit Top Ranked in Best Lawyers and Best Law Firms for 2013
Best Lawyers ranked Frankfurt Kurnit one of the "Best Law Firms" of 2013. Read more.
January 2, 2013
Alerts: Advertising Law
What Facebook and Instagram Changes Mean to Advertisers
Over the past few days and weeks the press has spilled a lot of ink about Facebook's, and its newly acquired company, Instagram's, revised privacy, advertising and other policies. Whether or not the recent policy changes are significant is yet to be determined, but what is clear is that the public is actually paying attention and that the changes may affect how advertisers can use these platforms. Read more.
December 22, 2012
In the Press: Quoted
FTC Bans Behavioral Targeting at Kids’ Sites
Online Media Daily quoted S. Gregory Boyd on recent FTC regulations banning the use of behavioral targeting techniques on sites directed to young children. View Article
December 19, 2012
Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up.
Alerts: Advertising Law
New FCC Ruling on Text Messaging
The Federal Communications Commission ruled that sending a one-time text message to confirm a consumer's request that no further text messages be sent does not violate the Telephone Consumer Protection Act. Read more.
December 3, 2012
In the Press: Praise
Frankfurt Kurnit in Crain’s New York Business 2012
Frankfurt Kurnit was ranked No. 24 in Crain's Best Places to Work 2012 list.
December 2, 2012
In the Press: Praise
Frankfurt Kurnit: Named One of the “Best Places to Work in New York City” 2012
Frankfurt Kurnit was listed on Crain’s New York Business’s list of the “Best Places to Work in New York City”. The rankings in this list were based on the results of surveys from employees at New York City companies.
December 1, 2012
Alerts: Advertising Law
Gift Rap: Proposed Settlement in LivingSocial Case Offers Guidance to Marketers of Deal Vouchers
Less than three months after a U.S. District Court judge rejected a proposed $8.5 million settlement in a class action lawsuit against Groupon, LivingSocial proposes a $4.5 million dollar settlement to a set of class action plaintiffs and a nation of class action members. Read more.
November 29, 2012
Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up.
Alerts: Advertising Law
Contest Did Not Excuse Advertiser Duty to Substantiate Claim
In response to a challenge by the International Business Machines Corporation, the National Advertising Division of the Council of Better Business Bureaus reviewed print advertisements produced by Oracle Corporation stating its Exadata server is "5x Faster Than IBM ... Or you win $10,000,000." The NAD went on to state that Oracle was responsible for substantiating this "5x Faster claim." Read more.
November 26, 2012
