Published Articles
5 Pointers For Game Cos. Facing Calif. Kids Privacy Law
Rick Borden and Emma Smizer wrote the expert analysis column, “5 Pointers For Game Cos. Facing Calif. Kids Privacy Law” published in Law360. Read more.
April 3, 2023
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.
Rick Borden and Emma Smizer wrote the expert analysis column, “5 Pointers For Game Cos. Facing Calif. Kids Privacy Law” published in Law360. Read more.
April 3, 2023
Decrypt quotes Jeremy S. Goldman on a federal judge's ruling on the bZx case that could create legal liability for token holders. Read more.
March 31, 2023
Media Law International ranks Frankfurt Kurnit as “Tier 1” in its specialist guide of global leaders in media law for 2023. View Article
March 30, 2023
On March 22, 2023, the National Labor Relations Board (“NLRB” or the “Board”) released a memorandum providing employers of both unionized and private sector workplaces with important guidance about severance agreements that contain broad confidentiality and/or non-disparagement provisions (the "Memo"). Read more.
March 30, 2023
Variety mentions Frankfurt Kurnit as counsel to director William Oldroyd, who is set to direct the thriller, 'Eileen.' View Article
March 28, 2023
Adweek quotes Jeffrey A. Greenbaum on the FTC's new guidance on environmental claims. Read more.
March 28, 2023
Adweek and MediaPost announced that Jeffrey A. Greenbaum will serve on the board of the International Advertising Association's (IAA) new North American chapter. Read more.
March 17, 2023
Jeremy S. Goldman is a guest on Movies Inc: The Business of Film podcast discussing NFTs in the film and entertainment space. Read more.
March 16, 2023
Recordonline.com mentions Frankfurt Kurnit in their coverage of runner Katelyn Tuohy’s latest win. At the 115th Millrose Games Katelyn ran the Frankfurt Kurnit Women’s 3000-meter setting a new indoor collegiate record. View Article
March 15, 2023
Variety mentions Frankfurt Kurnit as counsel to 'A Teacher' writer Hannah Fidell, who is set to direct a new FX show with 'Sopranos' creator David Chase. View Article
March 9, 2023
Deadline mentions Marcie Cleary as counsel to 'Insecure' and 'Ginny And Georgia' writer Mike Gauyo, who has just signed with M88. View Article
March 9, 2023
Law360 quotes Ronald C. Minkoff on the testimony by acting Chief Administrative Judge Tamiko Amaker about the warranty of former Chief Judge Janet DiFiore’s multimillion-dollar security detail. Read more.
March 8, 2023
Deadline mentions Frankfurt Kurnit as counsel to Generation star Nava Mau, who will star in the upcoming Netfilx drama series Baby Reindeer. View Article
March 7, 2023
Deadline mentions Frankfurt Kurnit as counsel to The Kin of Ata are Waiting for You filmmaker Luke Jaden. View Article
March 7, 2023
The Hollywood Reporter mentions Frankfurt Kurnit as counsel to 'Medusa' director Nicole Kassell and screenwriter Nicole Perlman. View Article
March 3, 2023
Variety mentions Marcie Cleary as counsel to Emmy-winning journalist, Kelly Carter, who signed a multi-year deal with ABC as an entertainment reporter for all shows at ABC and ABC News. View Article
February 28, 2023
Chambers Associate interviews Dorian Slater Thomas on the growing influencer market and what the rise has meant for lawyers representing influencer talent. Read more.
February 27, 2023
CoinDesk quotes Jeremy S. Goldman on the Dapper Labs Ruling amidst their ongoing class-action lawsuit. Read more.
February 27, 2023
On February 14, the CPPA, California’s new privacy regulatory agency, filed the first part of its proposed final CPRA Regs with California’s Office of Administrative Law (OAL). Read more.
February 21, 2023
MediaPost quotes Jeffrey A. Greenbaum on mobile data broker, Kochava’s new filing against the FTC amidst their ongoing lawsuit. Read more.
February 17, 2023
Chambers and Partners includes our Privacy & Data Security practice as Band 1 in Chambers Global for 2023. Read more.
February 16, 2023
The birth announcement of Lucy Pearl Banton, Sasha Levites’ baby, is featured in The Hollywood Reporter. View Article
February 16, 2023
Observer quotes Jeremy S. Goldman on the trademark infringement between Hermès and “MetaBirkin” NFTs in the aftermath of the court’s decision. Read more.
February 10, 2023
Decrypt quotes Jeremy S. Goldman on the Hermès and MetaBirkin decision. Read more.
February 10, 2023
Frankfurt Kurnit is included in World Trademark Review 1000 – The World’s Leading Trademark Professionals for 2023. Read more.
February 9, 2023
We provide tailored, industry-specific legal updates to our clients and other friends of the firm.