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.
The Federal Trade Commission recently warned the marketers of several mobile apps that they may be violating the Fair Credit Reporting Act. Each of the apps at issue include background screening functionality. Read more.
February 7, 2012
The use of someone without permission in entertainment can trigger a lawsuit for "commercial appropriation of likeness." And so it was recently when "Jimmy Kimmel Live" created a video mocking a 2010 "business meeting" between basketball star LeBron James and a rabbi. Read more.
February 1, 2012
There are new wage and hour paperwork requirements for private-sector employers in New York and California. Here’s a brief rundown of what you need to do to comply. Read more.
New York.
January 26, 2012
Last week, the Federal Trade Commission and the Consumer Financial Protection Bureau entered into a memorandum of understanding in order to outline how the two agencies will share responsibility for protecting consumers in the financial products and services sector. Read more.
January 24, 2012
Frankfurt Kurnit client, Amanda Seyfried, negotiates final terms to play Cosette in Universal Pictures and Working Title's Les Miserables, alongside Hugh Jackman, Jean Valjean and Russell Crowe.
January 20, 2012
Last week, the Federal Trade Commission announced that CVS Caremark Corporation will pay $5 million to settle claims that it misrepresented the actual prices of certain Medicare drugs. Read more.
January 19, 2012
Frankfurt Kurnit Klein & Selz, PC added Andrew Hurwitz as a partner, and Alan Sacks as counsel, to its Entertainment Group. Mr. Hurwitz and Mr. Sacks formally joined the firm today. Read more.
January 17, 2012
Super Lawyers listed twenty-four Frankfurt Kurnit attorneys in its 2012 edition. Read more.
January 14, 2012
Marianne Calabrese co-authored, “Inside the Minds: Estate Planning Client Strategies,” published by Aspatore 2012 ed.
January 5, 2012
Bloomberg Law Reports Jeremy Goldmans article on the e-discovery issues in the Fairey v. Associated Press case.
January 1, 2012
Chambers USA has shortlisted us for an award for top advertising group in the US. The "Awards for Excellence" are based on research for the 2012 edition of Chambers USA and reflect a law firm's pre-eminence in key practice areas.
January 1, 2012
MediaPost featured Jeffrey A. Greenbaum in an article about the Federal Trade Commission's investigation into Hyundai's promotional strategy to provide their bloggers with gift certificates in exchange for linking Hyundai's ads. View Article
December 21, 2011
The Federal Trade Commission recently closed its investigation of Hyundai Motor America’s alleged violation of Section 5 of the FTC Act (15 U.S.C. § 45) in connection with a blogging campaign conducted to spark interest in Hyundai’s Super Bowl XLV ads. Read more.
December 21, 2011
New York Magazine named eleven Frankfurt Kurnit Klein & Selz attorney's to its 2012 "New York Area's Best Lawyers" list. Read more.
December 15, 2011
Dr. Norbert Sander, Executive Director of The Armory Foundation at The New Balance Track & Field Center, cited Michael Frankfurt as a key to the founation's success in helping children in New York City. View Article
December 13, 2011
For the second time in three years Crain's New York Business listed Frankfurt Kurnit Klein & Selz as one of the "Best Places to Work in New York City" – a list that includes the top 50 employers in New York City across all industries. Read more.
December 5, 2011
The Federal Trade Commission announced yesterday that Facebook has settled charges that it deceived consumers by making false privacy assurances, and then repeatedly allowing consumer information to be shared and made public. The settlement serves as a timely reminder that companies must abide by their own statements regarding how personal information is used and shared. Read more.
November 30, 2011
This week the U.S. Department of Transportation announced that Spirit Airlines will pay $50,000 to settle allegations that it failed to comply with DOT’s full-fare advertising rules when it tweeted about airfares without disclosing material information about the fares in the tweets themselves. Read more.
November 23, 2011
Established companies, startups, and solitary programmers alike are rushing to produce Apps for handheld devices such as mobile phones and tablets. Read more.
November 18, 2011
The Council of Better Business Bureaus has announced the first six compliance agreements with online behavioral marketers under the self-regulatory regime of its "Online Interest-Based Advertising Accountability Program". Beginning in August, the program began testing the functionality, usability, and duration of consumer-choice mechanisms offered by a number of companies. Read more.
November 14, 2011
In response to a challenge brought by 1800-Contacts, Inc., the National Advertising Division of the Council of Better Business Bureaus has reviewed advertising claims made by Coastal Contacts, Inc., through a Facebook promotion offering "free" products to consumers who "Liked" its Facebook page. Read more.
November 10, 2011
The Federal Trade Commission's proposed settlement with the online advertiser ScanScout, announced yesterday, offers a timely reminder of the importance of ensuring that your company's stated privacy practices align with how your company actually collects and uses information. Read more.
November 9, 2011
News that the Republican presidential candidate Herman Cain once settled charges of sexual harassment has once again placed this complicated issue in the public eye. Read more.
November 8, 2011
Today advertisers are not only mastering the art of speaking through social media channels, they are also exploring ways to listen and learn. But while "social listening" or "social media monitoring" can yield valuable market data, these practices also raise privacy and ethical concerns. Read more.
November 3, 2011
California Attorney General Kamala D. Harris filed a complaint against three companies Wednesday for allegedly making false and misleading claims about their plastic water bottles' recyclability and biodegradability. Read more.
October 31, 2011
We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
