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: Commercial Litigation
New FCPA Guidance for US Companies Doing Business Overseas
The Foreign Corrupt Practices Act ("FCPA") was enacted by Congress in 1977 in response to "revelations of widespread global corruption", including allegations that numerous U.S. companies had paid hundreds of millions of dollars to bribe foreign government officials to obtain or retain overseas business. The FCPA includes substantial criminal penalties for both businesses and individuals found to have made prohibited payments, and also gives both the Department of Justice and the Securities and Exchange Commission the authority to pursue civil enforcement actions. Read more.
November 21, 2012
Alerts: Advertising Law
New Guidelines for Cause Marketing
The New York Attorney General recently issued guidelines in cause marketing promotion. In issuing these new guidelines the New York Attorney General cites the need to promote transparency in the billion-dollar-a-year industry of cause marketing. Read more.
November 19, 2012
In the Press: Quoted
FTC Cracks Down on Deceptive Advertising
AdWeek quoted Jeffrey A. Greenbaum about recent FTC enforcement actions. View Article
November 13, 2012
In the Press: Quoted
Richard Hofstetter Quoted in New York Post
The New York Post quoted Richard Hofstetter on a dispute between Frankfurt Kurnit client, Anthony Bourdain, and the Travel Channel. View Article
November 12, 2012
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Alerts: Advertising Law
Federal Court Decision Calling Poker “Skill” May Impact Marketers’ Promotions
Judge Jack Weinstein of the Eastern District court of New York recently decided that Texas Hold 'Em poker is a game of skill and therefore not gambling under federal law. This is the first time a federal court has determined that poker is not gambling under the "Illegal Gambling Business Act". The government intends to appeal the decision. Read more.
November 9, 2012
In the Press: Quoted
Andrew Hurwitz and Alan Sacks in Variety
Variety cited Andrew Hurwitz and Alan Sacks as counsel to Freestyle Releasing in its acquisition of North American rights for the sketch-comedy "Inappropriate Comedy." View Article
November 4, 2012
Alerts: Advertising Law
Federal Court Rejects Albert Einstein Right of Publicity Claim
In rejecting a right of publicity claim by Hebrew University of Jerusalem, which claims to control the rights to Albert Einstein, a California federal court has ruled that the common law right of publicity under New Jersey law has a maximum post-mortem duration of 50 years. Read more.
October 23, 2012
Alerts: Advertising Law
Marketing Your Mobile App: Get it Right from the Start
The FTC recently released guidelines entitled "Marketing Your Mobile App: Get It Right from the Start". The guidelines provide valuable do's and don'ts for companies and individuals creating mobile applications. The guideline was divided into two sections, "Truthful Advertising" and "Privacy". Here's a rundown of what you need to know. Read more.
October 4, 2012
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In the Press: Quoted
FTC Issues Final Version of Green Guides
Advertising Age quoted Jeffrey A. Greenbaum on the revised FTC Green Marketing Guides. View Article
October 1, 2012
In the Press: Quoted
Frankfurt Kurnit in Hollywood Reporter for Terrence Malick Film
Hollywood Reporter mentions Frankfurt Kurnit as lawyers for Terrence Malick's film "To the Wonder." View Article
September 29, 2012
In the Press: Quoted
Google Nexus 7 Ads Spark Trademark Lawsuit
Online Media Daily quoted Rick Kurnit on the "trademark infringement and unfair competition" lawsuit filed by Market Street Press against Google for using the phrase “the playground is open” in ads for the new Nexus 7 tablet. View Article
September 19, 2012
In the Press: Quoted
Rick Kurnit Quoted in Adweek on Executives with Dual Roles
Rick Kurnit was quoted in Adweek's article "In Unorthodox Arrangement, Marketer Has Dual Roles: Can Red Peak Chairman Really Also be Client Acer's CMO." View Article
September 17, 2012
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In the Press: Quoted
Ronald Minkoff Quoted in Bloomberg BNA
Bloomberg BNA Lawyer’s Manual on Professional Conduct quoted Ronald Minkoff on "unfinished hourly fee matters of dissolved law firms".
September 12, 2012
Alerts: Advertising Law
Appeals Court Rules Christian Louboutin has Trademark Rights in its Red Outsoles
As fashion week begins in New York, the Court of Appeals for the Second Circuit issued an important ruling that may help fashion creators in their efforts to obtain intellectual property protection for fashion design. Read more.
September 7, 2012
In the Press: Quoted
NYLJ Notes Greg Boyd’s Arrival to Frankfurt Kurnit
The New York Law Journal announced S. Gregory Boyd as the newest partner and chairman of Frankfurt Kurnit’s Interactive Entertainment Group. (Article behind a paywall) View Article
August 21, 2012
Alerts: Advertising Law
FTC Seeks Public Comments on Revisions to COPPA
As part of the Federal Trade Commissions ("FTC") efforts to update the "Children's Online Privacy Protection Rule", the FTC has proposed to further modify the rule to clarify its scope and strengthen its protections for children’s personal information. These proposed revisions follow comments previously received by the FTC in 2011. Read more.
August 10, 2012
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In the Press: Quoted
Google Agrees to $22.5 Million Fine for Tracking Safari Users
MediaPost quoted Jeffrey A. Greenbaum regarding the allegations that Google developed a workaround to Safari's no-tracking settings. View Article
August 10, 2012
Published Articles
“Clone Wars: When Does Imitation Become Infringement?”
Law360 published Sean F. Kane's article "Clone Wars: When Does Imitation Become Infringement?"
July 31, 2012
Press Releases
Frankfurt Kurnit Law Firm Adds New Interactive Entertainment Partner
Frankfurt Kurnit Klein & Selz, PC added S. Gregory Boyd as a partner and head of the firm’s Interactive Entertainment Group. Read more.
July 24, 2012
Alerts: Advertising Law
FTC Releases Study to Guide Advertisers Away from “Up To” Claims
The Federal Trade Commission announced the results of a study it commissioned, which indicates that many consumers understand "up to" claims as promising maximum results. The FTC believes the study will help guide advertisers to avoid the use of misleading "up to" claims. Read more.
July 2, 2012
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In the Press: Quoted
Dodging Discipline
The Connecticut Law Tribune quoted Ronald Minkoff on whether lawyers disciplined in one state may resign and practice in another state.
June 29, 2012
Alerts: Advertising Law
Gift Rap: Groupon Settlement May Influence “Daily Deal” Strategies for Marketers
The terms of a proposed settlement of at least 17 lawsuits against Groupon may impact the way marketers of “daily deals” or other gift card offerings manage those deals and their expiration dates. Read more.
June 19, 2012
In the Press: Quoted
AICP Honors the Best in Commercial Advertising
SHOOT Online mentioned Frankfurt Kurnit as a sponsor of the Association of Independent Commercial Producers Awards Show at the Museum of Modern Art.
June 12, 2012
Published Articles
California Court Finds California Resale Royalties Act Unconstitutional
Ipfrontline featured Caren Lerner's article about how the California Resale Royalties act violated the dormant Commerce Clause of the Constitution.
June 8, 2012
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In the Press: Quoted
Ronald Minkoff Speaks on Professional Conduct and Dissolved Law Firms
The ABA Lawyer's Manual on Professional Conduct and Bloomberg BNA featured Ronald Minkoff's article about the duty to pay back profits earned on hourly-fee cases in dissolved law firms.
June 6, 2012
