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 announced last week that Electric Mobile Corporation, the manufacturer of "Rascal Scooters", used by disabled and senior consumers, and its owner, will pay $100,000 to settle FTC charges that it illegally called millions of consumers who had listed their phone numbers on the national "Do Not Call Registry". Read more.
April 28, 2011
Recently, the United States Department of Transportation announced new rules that will bring sweeping changes to airline advertising in the United States. The final rules will be effective later this year. Read more.
April 25, 2011
Rick Kurnit had a cameo in the Morgan Spurlock film -- "POM Wonderful Presents: The Greatest Movie Ever Sold." The film opened in NYC at the Angelika and the AMC Loews Lincoln Square. View Article
April 22, 2011
The Federal Trade Commission ("FTC") announced today that it filed lawsuits against ten marketers, alleging that they used fake news websites to market their acai berry weight-loss products. The FTC is seeking court orders to halt the advertising and freeze the defendants’ assets pending trial. Read more.
April 19, 2011
MediaPost featured Jeffrey A. Greenbaum in an article about the FTC's recent crack down on online marketers who create phony "fake news" sites to promote certain products.
April 18, 2011
An online retailer has agreed to pay $100,000 to settle Federal Trade Commission charges that it violated the agency’s "Appliance Labeling Rule". The FTC alleged that the retailer, Universal Appliances, Kitchens, and Baths, Inc., failed to post on its website required EnergyGuide information. Read more.
April 18, 2011
Senators John Kerry and John McCain introduced a privacy bill this week that seeks to provide consumers with more transparency and control regarding the collection, use, storage, and transfer of their personal information.The bill – in its infancy and likely to face opposition – does not require changes in privacy practices unless and until it is enacted. But with bipartisan backing, it’s a privacy bill that could pass. Here’s a summary. Read more.
April 15, 2011
The Federal Communications Commission recently issued "Notices of Apparent Liability" against two television stations for allegedly airing news segments produced and supplied by advertisers, without disclosing that the segments were advertiser-supported. Read more.
April 11, 2011
The Mobile Marketing Association recently issued a revision of its "U.S. Consumer Best Practices." While the practices do not have the force of law, many leading advertisers follow them, and the mobile carriers require compliance for programs run on their networks. Read more.
April 8, 2011
Google Inc. has agreed to settle Federal Trade Commission charges that it engaged in deceptive tactics and violated its own privacy pledges to consumers during the 2010 launch of its social network, "Google Buzz". Read more.
March 31, 2011
Richard Maltz of our Legal Ethics & Professional Responsibility Group helped reinstate a previously disbarred lawyer.
March 31, 2011
The U.S. Supreme Court has let stand a ruling with important implications for advertisers of adult and other potentially lewd products. By refusing to hear an appeal in the closely watched Victoria's Secret Catalogue Inc. v. Mosley case, the U.S. Supreme Court indirectly endorsed an earlier decision from the Court of Appeals for the Sixth Circuit that made it easier for so-called "tarnishment" claims to succeed when the challenged mark was used in a "sex related" context. Read more.
March 30, 2011
The Federal Trade Commission ("FTC") announced on Tuesday, March 15 that Nashville, Tennessee-based Legacy Learning Systems Inc. and its owner will pay $250,000 to settle FTC charges that they deceptively advertised products through online affiliate marketers who falsely posed as independent reviewers. Read more.
March 16, 2011
The FTC has announced a series of motor vehicle financing and leasing "Roundtables" to be held across the country. The goal: to gather and study consumer experiences in purchasing, financing, and leasing cars, SUVs, and light trucks. Read more.
March 11, 2011
The New York Law Journal featured Ronald Minkoff in an article about a recusal motion filed by Alan Hevesi, former New York State Comptroller, who has called into question the impartiality of the judge presiding over his widely-publicized pension pay-to-play fraud case.
March 10, 2011
The Federal Trade Commission has announced that it plans to conduct a new study of the self-regulatory efforts of the alcoholic beverage industry. The study would serve as the foundation for the FTC's fourth major report on the efficacy of voluntary industry guidelines designed to reduce alcoholic beverage advertising to an underage audience. Read more.
March 8, 2011
Advertising Age and The Consumerist quoted Terri Seligman on how the National Advertising Division protects consumers against misleading advertisements. View Article
March 7, 2011
Prince Albert II of Monaco was the honored guest at the Art of The Olympians’ grand opening celebration breakfast at Port Royal, Florida, with Frankfurt Kurnit's Cameron Myler in attendance.
March 5, 2011
Our client, Jake T. Austin, has joined the cast of Garry Marshall's romantic comedy "New Year's Eve". Amy Nickin represents Mr. Austin. View Article
March 1, 2011
Two recent developments in New York (the prohibition of fees for paper billing) and California (the prohibition from the requesting of Zip codes by retailers) may have an impact on nationwide retailers' billing practices. Read more.
February 16, 2011
Groupon, the site that offers targeted “Daily Deals” to consumers, enjoys daily stories in the press about its success, including a $6 billion offer from Google. Now, though, it may have attracted the wrong kind of attention. Read more.
February 14, 2011
Our client, Amanda Seyfried, will star in the Summit Entertainment, Lakeshore Entertainment Group and Sidney Kimmel Entertainment thriller "Gone." Michael Williams represents Ms. Seyfried. View Article
February 10, 2011
A recent class action on behalf of California minors takes aim at Facebook for its practices regarding the use of Facebook members’ names, likenesses, and preferences. The plaintiffs allege that Facebook encourages its users to communicate “likes” of goods and services under the pretense that it contributes to the social nature of the site. Read more.
February 8, 2011
Variety mentioned Victoria Cook as counsel to Dee Rees for her LGBT-themed drama "Pariah". View Article
January 28, 2011
Our Client Thomas McDonell will star in "The Spectacular Now" produced by Shawn Levy. Michael Williams represents Mr. McDonell.
January 24, 2011
We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
