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: Praise
THR Power Lawyers 2021: New York’s Top 20 Entertainment Attorneys
The Hollywood Reporter includes Marcie Cleary and Lisa E. Davis in its Power Lawyers list of the top 20 entertainment attorneys in New York for 2021. View Article
December 3, 2021
In the Press: Quoted
Tarantino NFT Suit Previews Rights Battles in Future Contracts
Bloomberg Law quotes Jeremy S. Goldman on Miramax’s copyright infringement lawsuit against Quentin Tarantino for selling “Pulp Fiction” nonfungible tokens. View Article
November 29, 2021
In the Press
Jackie Earle Haley, Emma Booth and Brian d’Arcy James Join ‘Where All Light Tends To Go’
Deadline mentions Frankfurt Kurnit as counsel to Brian d’Arcy James. View Article
November 24, 2021
In the Press: Quoted
Ethics Awareness, Education Up as Attorney Discipline Falls
Bloomberg Law quotes Tyler Maulsby on the New York Bar Association’s effort to have active lawyer assistance programs and offer attorney resources on well-being. View Article
November 23, 2021
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In the Press
‘Marcel the Shell With Shoes On’: A24 Acquires North American Rights to Stop-Motion Pic from Dean Fleischer Camp & Jenny Slate
Deadline mentions Victoria Cook as counsel to Nick Paley who co-wrote the screenplay for the film, “Marcell the Shell with Shoes On.” View Article
November 23, 2021
In the Press
Global Platform Encantos Teams with Eugenio Derbez’s 3Pas for New Kids’ Content
Animation Magazine mentions Lisa E. Davis as counsel to Encantos, the global platform bringing purpose-driven entertainment to children, announced megastar Eugenio Derbez and his 3Pas Studios will join forces to develop new children’s entertainment aiming to ignite critical thinking and creative problem solving skills. View Article
November 17, 2021
Movie Lawyers Could Use a Lesson in Legal Ethics
Law360 covers the New York City Bar Association webinar, "Lights, Camera, Ethics!: Why Your Favorite Movie Lawyers May Need an Ethics Lawyer," where Tyler Maulsby and his co-presenter chose scenes from five lawyer movies to discuss legal ethics issues that real-life attorneys could encounter while practicing. (Behind paywall) View Article
November 13, 2021
In the Press
Method Man, Mike Epps, Da’Vine Joy Randolph Join YA Rap Drama ‘On the Come Up’
The Hollywood Reporter mentions Frankfurt Kurnit as counsel to Method Man who joined the cast of “On the Come Up,” Paramount Players’ adaptation of the best-seller by Angie Thomas. View Article
November 10, 2021
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Alerts: Employment Law
Vaccine Mandate Update: US Department of Labor Issues Emergency Temporary Standard Regarding Mandatory Vaccination Policies
On November 4th, the U.S. Department of Labor’s Occupational Safety and Health Administration announced a new emergency temporary standard to protect workers from the spread of the coronavirus in the workplace. Read more.
November 4, 2021
In the Press: Praise
2022 Best Lawyers “Best Law Firms”
U.S. News & World Report and Best Lawyers "Best Law Firms" ranked Frankfurt Kurnit nationally in "Tier 1" in Advertising, Copyright, Entertainment - Motion Pictures and Television, Litigation – Intellectual Property, Trademark, and Trusts & Estates Law; "Tier 2" in Litigation - Regulatory Enforcement (SEC, Telecom, Energy) and Media Law; and "Tier 3" in Commercial Litigation. View Article
November 4, 2021
In the Press: Quoted
FTC Warns Companies About Auto-Renewing Subscriptions
MediaPost quotes Jeffrey A. Greenbaum on the FTC’s concern about relationships between consumer protection issues and competition in the marketplace. View Article
October 30, 2021
In the Press: Quoted
NY Rule Paves Way for Remote Trials in Commercial Disputes
Law360 quotes Ronald C. Minkoff on Rule 36 — which gives litigants who consent to it the option to participate in evidentiary hearings and nonjury trials remotely. (Behind paywall) View Article
October 30, 2021
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In the Press: Quoted
Why ‘Rust’ Producers May Choose Bankruptcy Next
The Hollywood Reporter quotes Andrew Hurwitz on the implications surrounding the fatal shooting on the set of “Rust.” View Article
October 28, 2021
In the Press
‘Love & Death’: Brian d’Arcy James, Olivia Applegate, Mackenzie Astin Among Five Cast In HBO Max Limited Serie
Deadline mentions Frankfurt Kurnit as counsel to Brian d’Arcy James who joined the cast of HBO Max’s Love and Death, a limited series about the true story of Texas housewife Candy Montgomery’s murder of Betty Gore in 1980. View Article
October 21, 2021
In the Press: Quoted
FTC Chair Khan’s Agenda Faces Snag After Chopra Exit
CQ Roll Call quotes Jeffrey A. Greenbaum on the temporary delay of FTC policy initiatives due to the political split of the current commissioners. View Article
October 21, 2021
Published Articles: In the Press
Planning to Promote That Your Products Were Made Using Better Farming Practices? Choose Your Words Carefully
The Licensing Journal published Jeffrey A. Greenbaum’s article, “Planning to Promote That Your Products Were Made Using Better Farming Practices? Choose Your Words Carefully.” View Article
October 14, 2021
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In the Press: Quoted
Fake Reviews Could Lead to Financial Penalties, FTC Warns
MediaPost quotes Jeffrey A. Greenbaum on the FTC’s “notice of penalty offenses” letters. View Article
October 13, 2021
In the Press: Quoted: Praise
‘We Need to Tell Other Stories’
Super Lawyers magazine features Lisa E. Davis in an article about her career as an entertainment lawyer and her advocacy for racial justice. View Article
October 4, 2021
In the Press: Quoted
How to Sell Artwork the Buyer Can’t Touch
BetterMarketing interviews Hannah Taylor on how NFT’s affect intellectual property rights. View Article
October 1, 2021
In the Press: Praise
Thirty-four Frankfurt Kurnit Attorneys Named to Super Lawyers New York Metro List for 2021
The list includes: Christopher R. Chase, Victoria Cook, Lisa E. Davis, Caren Decter, Catherine M.C. Farrelly, Michael P. Frankfurt, Hayden Goldblatt, Jeffrey A. Greenbaum, John B. Harris, Richard B. Heller, Richard Hofstetter, Nicole Hyland, Candice Kersh, Rick Kurnit, Brian E. Maas, Richard Maltz, Jeffrey Marks, Kimberly Maynard, Mark Merriman, Ronald C. Minkoff, Brian G. Murphy, Edward H. Rosenthal, Terri Seligman, Thomas D. Selz, Barbara E. Shiers, Wendy Stryker, Linda Wank, S. Jean Ward, and Maura Wogan. Marcie Cleary, Christina Jenkins, Sasha Levites, Tyler Maulsby, and Adam Osterweil are listed as “Rising Stars.” Read more.
September 30, 2021
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Alerts: Employment Law
Changes to Face Mask and Social Distancing Requirements in Updated NY HERO Act Model Plan
As discussed in our previous alerts and blog posts, the New York Health and Essential Rights Act (the “NY HERO Act”) requires employers to among other things maintain, and upon designation by the NYS Commissioner of Health, implement, an “airborne infectious disease” plan that meets certain minimum standards. Read more.
September 28, 2021
In the Press
Big Law and Its Discontents - Partners Have to Set Loose the Happy-Clappys
Law And More mentions Frankfurt Kurnit in their coverage of Helen Wan’s novel being turned into a series for Netflix.
September 28, 2021
In the Press: Praise
Vault Rankings 2022
We are honored to be named by Vault as one of the “Best Midsize Law Firms in New York,” one of the “Best Law Firms for Media, Entertainment & Sports,” and one of the “Top 150 Under 150.” View Article
September 24, 2021
In the Press
Amblin Television Developing Kimberly McCreight’s Novel ‘Friends Like These’ Into Series
Deadline mentions Victoria Cook as counsel to New York Times bestselling author Kimberly McCreight. View Article
September 23, 2021
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In the Press
‘Schitt’s Creek’ Star Emily Hampshire & Sam Nelson Harris of Band X Ambassadors Team on Superhero Podcast
Deadline mentions Frankfurt Kurnit as counsel to Alysa Reiner who is cast in the audio superhero origin story, ”The Beautiful Liar.” View Article
September 21, 2021