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.
In the Press
Belarusian Game Maker Wins Legal Fees From Turkish Developer
Bloomberg Law mentions Frankfurt Kurnit as counsel to app developer SayGames, whose motion for attorneys' fees was granted by a California federal court arising from a copyright infringement lawsuit. View Article
May 10, 2023
In the Press: Praise
Mondaq Thought Leadership Awards – Spring 2023
Rick Borden is recognized as a Mondaq Thought Leading Author for Data Protection in the United States. His article, “New York's Proposed New Cybersecurity Regulations Will Mandate Big Changes For Many Businesses” was one of the most viewed of the last 6 months. View Article
May 10, 2023
Published Articles
5 Issues For Execs To Consider In SEC Cyber Rule Proposals
Rick Borden wrote the expert analysis column, “5 Issues For Execs To Consider In SEC Cyber Rule Proposals” published in Law360. Read more.
May 8, 2023
In the Press: Quoted
Aggressive Washington Privacy Law Includes Right to Sue and Onerous Consent Obligations
Cybersecurity Law Report quotes Bram Schumer on the Washington state, My Health My Data (MHMD) Act that will give consumers an unrestricted right to sue. Read more.
May 5, 2023
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In the Press: Quoted
Data Breach Settlement: Manufacturing Company to Pay $1.75M to Employees
InformationWeek quotes Rick Borden on the class action lawsuit filed against manufacturing company, Parker Hannifin related to a March 2022 data breach. Read more.
May 1, 2023
In the Press
AT&T, T-Mobile Agree To Settle Suit Over Senior Ad Campaign
Law360 mentions Molly Rothschild as counsel to T-Mobile, who agreed to settle a suit with AT&T over an ad campaign that made claims AT&T deemed false. View Article
May 1, 2023
In the Press
AUTOCONTROL Awarded the Excellence Award by the International Advertising Self-Regulation Council ICAS
AUTOCONTROL mentions Jeffrey A. Greenbaum in its coverage of the International Advertising Self-Regulation Council (ICAS) Awards. Jeff chaired the jury of experts who selected the winners. AUTOCONTROL received the “Award for Excellence." See AUTOCONROL's coverage here and here. View Article
May 1, 2023
In the Press
Video Game Disputes: California Court Refuses to Enforce Arbitration Provision
LexisNexis published Michael Ling's article, "Video Game Disputes: California Court Refuses to Enforce Arbitration Provision." Read more.
April 28, 2023
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In the Press: Quoted
ICAS Announces Winners of the 2023 Global Awards and Launches New Diversity, Equity and Inclusion Award Category
Jeffrey A. Greenbaum chaired a jury of experts at the International Council for Advertising Self-Regulation’s (ICAS) Global Awards Ceremony at the Feriye Palace in Istanbul, Turkey. Read more.
April 26, 2023
Alerts: Privacy & Data Security Law
Washington “My Health My Data” Act Dramatically Alters Health Data Compliance Landscape
Washington State’s My Health My Data Act (“the Act”) introduces a sweeping set of obligations for nearly all entities that do business in the state and that handle “consumer health data,” a broad new class of health-related data separate from that regulated by the federal Health Insurance Portability and Accountability Act (“HIPAA”). Read more.
April 24, 2023
In the Press: Quoted
FTC Eyes Revisions to the Guidelines that Shape Green Marketing
Bloomberg Law quotes Jeffrey A. Greenbaum on the FTC's recent updates to the Green Guides. Read more.
April 24, 2023
In the Press: Quoted
DA Seeks Inquiry Of Trump Atty On Possible Daniels Conflict
Law360 quotes Ronald C. Minkoff on an alleged conflict of interest with former President Trump's attorney, Joe Tacopina and Stormy Daniels in Trump's criminal case. Read more.
April 21, 2023
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In the Press
Lively Podcast: The Intersection Between Technology & Law
Jeremy S. Goldman is a guest on the Lively Fresh Takes podcast speaking on how to stay safe in the technology and entertainment industries and how to navigate potential legal issues. Listen here.
April 19, 2023
In the Press: Praise
Variety’s Legal Impact Report 2023: Hollywood’s Top Entertainment Dealmakers and Litigators
Variety’s Legal Impact Report 2023 includes Marcie Cleary, Victoria Cook, Melissa Georges, Julie Murray, and Dionne Gordon. View Article
April 19, 2023
In the Press: Quoted
FTC Alerts Nearly 700 Companies About Potential Penalties for Misleading Claims
The Wall Street Journal quotes Jeffrey A. Greenbaum on the recent FTC warnings sent to companies about the penalties they could face if they mislead consumers with substantiated product claims. Read more.
April 18, 2023
Alerts: Employment Law
New York Releases New Changes to its Model Sexual Harassment Policy and Training Video
On April 11, 2023, the New York State Department of Labor released updated versions of its sexual harassment model policy and training materials. Read more.
April 17, 2023
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In the Press: Quoted
Data Privacy Roundup
AdExchanger quotes Daniel M. Goldberg on the recent revival of cookie banners and consent pop-ups US companies have added to their websites in an attempt to protect themselves from privacy lawsuits. Read more.
April 14, 2023
In the Press
Shake Shack Rebukes Counterclaim In Font ‘Shakedown’
Law360 mentions Jeremy S. Goldman and Kristin Niven as counsel to Shake Shack, who filed a suit contending they never entered into an enforceable contract with font foundry, House Industries. View Article
April 14, 2023
In the Press
Michigan AG Takes Issue With Kroger’s “Farm Fresh” Claims, But Should She Have?
MarketScreener shared Jeffrey A. Greenbaum’s blog post, “Michigan AG Takes Issue With Kroger's "Farm Fresh" Claims, But Should She Have?" View Article
April 14, 2023
In the Press: Quoted
How A Little-known Aussie Journalist Became Caught Up In Donald Trump’s Legal Troubles With Porn Star Stormy Daniels
Daily Mail UK quotes John B. Harris on his client, Dylan Howard, who has been revealed as a key witness in the case that led to the indictment of former President Donald Trump. Read more.
April 13, 2023
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In the Press: Praise
Power Lawyers 2023: Hollywood’s Top 100 Attorneys
The Hollywood Reporter includes Andrew Hurwitz and Amy Nickin in its Power Lawyers 2023: Hollywood’s Top 100 Attorneys list. View Article
April 12, 2023
In the Press
Tom McCarthy’s Slow Pony Strikes First-Look Film Deal With Concordia
Deadline mentions Frankfurt Kurnit as counsel to Oscar-winning filmmaker Tom McCarthy, whose production company Slow Pony has inked an exclusive first-look film deal with Concordia Studio. View Article
April 12, 2023
Press Releases
Frankfurt Kurnit Represents Prodject LLC in its Sale to The Independents Group, Inc.
New York-based Prodject LLC (“Prodject”), the renowned creative agency specializing in brand strategy, design and execution for events and content in fashion, music, art, and popular culture, was acquired by The Independents Group, Inc., a global marketing and communications company. Read more.
April 6, 2023
Published Articles
DoNotPay Cases Underscore Hurdles For AI-Fueled Legal Help
Kristen Niven wrote the expert analysis column, “DoNotPay Cases Underscore Hurdles For AI-Fueled Legal Help” published in Law360. (Behind paywall) View Article
April 5, 2023
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In the Press
Brand Battles: ‘Choose Your Own Adventure’ Fights E-Bike TM
Law360 mentions Frankfurt Kurnit as counsel to publishing company Chooseco LLC, which published the popular, "Choose Your Own Adventure" series. (Behind paywall) View Article
April 4, 2023