In the Press: Quoted
FTC Gears Up to Tackle ‘Novel Harms of the Digital Economy’
Digital News Daily quotes Jeffrey A. Greenbaum on the Federal Trade Commission’s new approach to regulations and rulemaking. View Article
March 25, 2021
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.
Digital News Daily quotes Jeffrey A. Greenbaum on the Federal Trade Commission’s new approach to regulations and rulemaking. View Article
March 25, 2021
Bloomberg Law quotes Nicole Hyland on the issues surrounding remote work in the legal profession. View Article
March 25, 2021
PR Newswire mentions Alan Sacks as counsel to Jason Kothar. View Article
March 25, 2021
On March 11, 2021, President Biden signed the American Rescue Plan Act (“ARPA”) into law, promising $1.9 trillion in relief related to the COVID-19 pandemic including certain relief for workers. Read more.
March 23, 2021
On March 19, 2021, Governor Newsom signed into law California’s COVID-19 Supplemental Paid Sick Leave Law. Read more.
March 22, 2021
Law360 Pulse quotes Richard Maltz on the process to sanction attorneys in New York. Ronald C. Minkoff is quoted on the ethics complaint, emphasizing the same standards apply to any lawyer and Giuliani is not entitled to special treatment. (Behind paywall) View Article
March 19, 2021
Deadline, Gamesinners and The Hollywood Reporter mention Frankfurt Kurnit as counsel to MountainA, Natalie Portman and Sophie Mas’ production company. View Article
March 18, 2021
Lexology Getting the Deal Through published the 2021 edition of Advertising & Marketing. Terri Seligman and Jordyn Eisenpress authored the USA Chapter. View Article
March 18, 2021
Deadline mentions Frankfurt Kurnit as counsel to Cliff “Method Man” Smith who guest stars in season two of “Godfather of Harlem.” View Article
March 18, 2021
USA Today quotes Marcie Cleary on The Academy saying the more diverse the voting body, the more inclusive the nominations. View Article
March 18, 2021
Class Action Prospector mentions Frances Jensen’s article on the lawsuit against Google’s cloud gaming service Stadia.
March 16, 2021
Variety mentions Frankfurt Kurnit as counsel to David Lowery and Sehaj Sethi who are set to write a series adaptation of the Victoria Schwab novel “City of Ghosts” for ABC Signature and Searchlight Television. David Lowery is also onboard to direct the series. View Article
March 15, 2021
Reuters mentions Jeffrey A. Greenbaum and the Global Advertising Lawyers Alliance's 4th Annual Hot Topics in Global Advertising Law webinar. (Behind paywall) View Article
March 15, 2021
The Hollywood Reporter quotes Tricia Legittino on the implementation of a COVID-19 vaccine passport system. View Article
March 11, 2021
While face coverings and 6 feet social distancing are still required, New York businesses are eager to reopen to the public and increase their capacities. We give a rundown of New York State reopening and increased capacity for restaurants, stadiums, arenas, arts and entertainment, amusement centers, movie theatres and in-person catered events. Read more.
March 9, 2021
MarketScreener shared Jeffrey A. Greenbaum’s blog post, “NYAG Settles With New York Sports Clubs And Lucille Roberts Over Pandemic-Related Cancellation Charges.” View Article
March 8, 2021
Law360 mentions Frankfurt Kurnit as counsel to Hasbro Inc. who filed an opposition against an application for "Doh-Tato," citing a number of trademarks relating to its "Play-Doh" brand. View Article
March 8, 2021
The New York Law Journal mentions Ronald C. Minkoff as counsel to West 87 LP and other real estate entities in the malpractice lawsuit against Paul Hastings. Mr. Minkoff notes there was a drafting error in the contract and the lawsuit would exist regardless of any downturn in the real estate market. (Behind paywall) View Article
March 5, 2021
CNN Politics and Mediaite quote Ronald C. Minkoff on the New York City Bar Association’s complaint against Rudolph Giuliani and the attorney discipline process handled by the Attorney Grievance Committee for the First Department in New York. View Article
March 2, 2021
Morning Consult quotes Marcie Cleary on the amount of content created by Black individuals on streaming services. View Article
February 28, 2021
The News Trace and Variety mention Frankfurt Kurnit as counsel to Vanessa Rubio. View Article
February 27, 2021
Law360 mentions Frankfurt Kurnit as counsel to Hasbro Inc. View Article
February 26, 2021
The Media Law Resource Center’s MediaLawDaily newsletter shared Rebecca Tushnet’s blog post coverage of GALA’s “Hot Topics in Advertising Law in North America” webinar. Jeffrey A. Greenbaum is quoted on online disclosures and green guides. View Article
February 25, 2021
PLI Chronicle: Insights and Perspectives for the Legal Community published John B. Harris’ article “Probing the Mysterious “Materially Adverse” Standard for Attorney-Client Conflicts” which analyzes ABA Ethics Opinion 497. View Article
February 25, 2021
The New York Law Journal quotes Richard Maltz on the First Department’s disciplinary decision on the Caplan matter. View Article
February 24, 2021
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