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: Entertainment Law
Protect Your Brand from the New XXX Domain Registry
Recently dot xxx (.xxx) was approved as a top-level domain by the Internet Corporation for Assigned Names and Numbers (ICANN). The .xxx domain is intended for use by members of the adult entertainment industry. Read more.
October 24, 2011
Alerts: Entertainment Law
Can You Recapture Valuable Grants of Rights?
If you are an author, musician, artist, or other creator of intellectual property (or the heir to such a person), it’s a good time to learn whether you are taking full advantage of your ability to "recapture" certain grants of rights made years ago. While everyone’s business deals are different, we urge you to consider the quick summary below: you may have untapped sources of valuable intellectual property. Read more.
October 21, 2011
Alerts: Advertising Law
FTC Seeks Public Comment on Mail or Telephone Order Merchandise Rule
As part of the Federal Trade Commission's ("FTC") systematic review of its rules and guides, the FTC has announced that it intends to retain the "Mail or Telephone Order Merchandise Rule", but with certain proposed amendments in order to keep up with current technology and business practices. Read more.
October 18, 2011
Alerts: Advertising Law
FTC Proposes Revisions to Children’s Online Privacy Rule
The Federal Trade Commission recently implemented revisions to the "Children’s Online Privacy Protection Act" that will cover social media, mobile devices, and other technologies that not taken into account at the time the original rule was enacted. Read more.
September 30, 2011
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Press Releases
Terri Seligman Ranked in Top 50 Women in New York Super Lawyers
Frankfurt Kurnit Klein & Selz advertising partner Terri Seligman is one of The Top 50 Women in New York Super Lawyers 2011 – Metro Edition magazine. Read more.
September 30, 2011
In the Press: Quoted
Jeffrey Greenbaum Quoted in Adweek on Reebok Settlement
Adweek quoted Jeffrey A. Greenbaum on the residual effects of the FTC's recent $25 million settlement with Reebok for deceptive ad practices. View Article
September 29, 2011
Alerts: Advertising Law
FTC Announces $25 Million Settlement with Reebok
The Federal Trade Commission announced today that Reebok International Ltd. will pay $25,000,000 to settle FTC charges that it deceptively advertised its "toning shoes." Reebok’s ads claimed the shoes would provide extra tone and strength to leg and buttock muscles. Read more.
September 29, 2011
Alerts: Advertising Law
Distilled Spirits Council Issues New Social Media Marketing Guidelines
Last week, the Distilled Spirits Council of the United States issued new self-regulatory guidelines governing online marketing practices. The new guidelines, which are effective September 30th, apply to marketing on social media sites and other digital communications platforms, including websites, blogs, and mobile communications and applications. Read more.
September 26, 2011
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In the Press: Quoted
Frankfurt Kurnit Mentioned in Hollywood Reporter - Aaron Sorkin
HBO has picked up our client Aaron Sorkin's hour-long cable news network pilot - The Newsroom.
September 23, 2011
In the Press: Praise
Frankfurt Kurnit in the “Legal 500” 2011
The 2011 edition of Legal 500, a London-based directory of leading lawyers recommended Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) and Intellectual Property work (Copyright.) Read more.
September 18, 2011
In the Press: Quoted
Jeffrey A. Greenbaum Featured in MediaPost on Behavioral Targeting
MediaPost quoted Jeffrey A. Greenbaum in a article about an FTC proposal which would prohibit companies from using behavioral targeting techniques on children under 13 without their parents' permission. View Article
September 16, 2011
Alerts: Advertising Law
Television Networks Agree to Stop Premium Text Message Sweepstakes
After four years of litigation, NBC Universal, Fox Broadcasting Company and several major production companies have agreed to settle a class action lawsuit involving premium text message promotions run during the popular competitive reality shows 'American Idol' and 'Deal or No Deal.' Read more.
September 16, 2011
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In the Press: Praise
Seventeen Frankfurt Kurnit Attorneys Named 2011 New York-Area “Super Lawyers”
Super Lawyers named seventeen Frankfurt Kurnit attorneys in its 2011 edition. Read more.
September 11, 2011
Alerts: Entertainment Law
eBook Scams
The rise of eReader devices and eReader marketplaces provides more and more opportunities for online self-publishers. While these technologies have given a myriad of authors the joy and remuneration of publishing their work, they have also led to modern abuses – abuses that affect intellectual property owners and consumers alike. Read more.
August 31, 2011
In the Press: Quoted
Judge Slams Photographer for Meritless Copyright Suit
NEWSgrist quoted Nicole Hyland on her recent "victory not only for artistic expression, but for the legal system as well." View Article
August 21, 2011
In the Press: Quoted
Frankfurt Kurnit in Artnet Magazine
Last week, Judge Sullivan (SDNY) dismissed copyright claims against our clients Christopher Perez and the Ratio 3 Gallery in San Francisco. Nicole Hyland represent the gallery. Read more.
August 19, 2011
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In the Press: Quoted
Rick Kurnit on CBS Early Show
Rick Kurnit was featured on the CBS Early Show discussing the Oscar Mayer vs. Ball Park franks false advertising claim legal battle.
August 16, 2011
In the Press: Quoted
Rick Kurnit Featured in Ad Age on Solicitation of Gifts
Rick Kurnit was featured in an Ad Age blog post on the legal issues arising when advertising executives solicit gifts from their media outlet beneficiaries. View Article
August 10, 2011
In the Press: Quoted
Frankfurt Kurnit and Victoria Cook Mentioned in Hollywood Reporter
The Hollywood Reporter listed Victoria Cook as counsel to indie filmmaker Dee Rees.
August 3, 2011
Alerts: Advertising Law
Deceptive “Negative Option” Marketing Leads to $4.8 Million Judgment
A California district court has entered a $4.8 million judgment against Swish Marketing, Inc., an online direct marketing company, for deceptive marketing practices involving use of a negative option feature, in which a consumer’s silence or failure to reject an offer is interpreted by the seller as acceptance. Read more.
August 2, 2011
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Press Releases
Lisa E. Davis to Receive Women of Power Award
The Natonal Urban League awarded Lisa E. Davis the "Women of Power Award" at its 2011 conference. Read more.
July 26, 2011
In the Press: Quoted
Maura Wogan Cited in NorthJersey.com Coverage of Advertising Dispute
Nonesuch Records, Inc. has filed a federal copyright infringement lawsuit against Valley National Bancorp and its New York City advertising agency, alleging they used The Black Keys' hit single "Tighten Up" in television commercials without permission. Maura Wogan represents the bank and the advertising agency.
July 25, 2011
Alerts: Intellectual Property Law
ICANN Introduces Unlimited Generic Top Level Domains
During a special session held on Monday, June 20, 2011 in Singapore, the board of the Internet Corporation for Assigned Names and Numbers voted to dramatically increase the number of top level domains available on the Internet. Read more.
July 21, 2011
Alerts: Advertising Law
Blogger Could Not Be Sued By Competitor for Anonymous User Posts
New York's highest court has held that a plaintiff’s claim against a blog operator arising out of allegedly defamatory comments posted to the blog was barred by the "Communications Decency Act". This is the first time the New York Court of Appeals has ruled on a CDA defense. Read more.
July 21, 2011
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In the Press: Quoted
Ronald Minkoff Quoted in Thomson Reuters News & Insights
Thomson Reuters News & Insights quoted Ron Minkoff in a T article on legal loopholes that exist within the pending "Clean Up Albany Act of 2011" ethics bill aimed at state legislators.
July 15, 2011