In the Press
Tyler Mitchell, Photographer Behind Beyonce’s Vogue Cover, Signs With UTA
The Hollywood Reporter mentions Frankfurt Kurnit as counsel to Tyler Mitchell. View Article
May 13, 2020
Creating Enterprise Value: AI, Talent, Risk & Growth Strategies for Agency Leaders:
A Business Conference for Agency CFOs, CEOs, Presidents, Managing Principals & Owners
Date:
Thursday, November 19
Time:
12:00 PM - 6:00 PM
Address:
Frankfurt Kurnit
28 Liberty Street
35th Floor
New York, NY 10005
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.
Alerts
The USPTO’s COVID-19 Extensions of Time: What Trademark Attorneys and Brand Owners Need to Know
The United States Patent and Trademark Office has responded to the COVID-19 pandemic by allowing trademark applicants and owners to extend certain deadlines falling between March 27th and May 31, 2020 until June 1, 2020. Read more.
May 12, 2020
Alerts: Employment Law
SBA Clarifies Key Loan Forgiveness Issue for Employers
Over the last several weeks, many business have applied for and received loans pursuant to the Paycheck Protect Program administered by the Small Business Association. A key feature of the PPP loans is that they are potentially 100% forgivable so long as headcount and salary levels remain constant through an eight week period that begins to run when the loan is funded. Read more.
May 12, 2020
Alerts: Employment Law
California Workers’ Compensation Order Creates Rebuttable Presumption that COVID-19-related Illness Came From Work
As part of his effort to create an “Expanded Workforce Safety Net”, on May 6, 2020, California Governor Gavin Newsom issued an Executive Order creating a rebuttable presumption that an employee's COVID-19 related illness arose out of the course of employment and, as a result, is covered by workers’ compensation. Read more.
May 12, 2020
In the Press
Not-On-The-Subway Series: Celebrity Talk Back
Shoot Online features Terri Seligman’s blog post “Not-On-The-Subway Series: Celebrity Talk Back.” View Article
May 12, 2020
In the Press
Citing Flag Ban, TTAB Won’t Register ‘Civil Rights Trail’ Logo
Law360 mentions Jean Voutsinas as counsel to the Alabama Tourism Department. (Behind paywall) View Article
May 12, 2020
Alerts
New York Real Estate and COVID-19: New Relief for Landlords and Tenants
Residential and commercial tenants experiencing pandemic-related financial hardship have been waiting for additional legal relief. On Friday, May 7, 2020, they got it when Governor Cuomo updated the COVID-19 Emergency Executive Orders for residential tenants and commercial tenants. Read more.
May 11, 2020
Alerts: Estate Planning Law
Remote Document Execution: Current Rules in New York, New Jersey and Connecticut
For the past month, we have been supervising the execution of our clients’ Wills and related estate planning documents through the use of audio-video technology, allowing for the completion of planning projects while maintaining appropriate social distancing. We conduct these signing conferences through the use of various technological platforms, depending on clients’ preferences or limitations – and all coordinated with clients beforehand. Read more.
May 11, 2020
Alerts
Force Majeure: Court Will Decide Whether COVID-19 Excused Developer’s Failure to Close
COVID-19 has disrupted business operations and contracts across industries on an unprecedented scale. Some individuals and companies are trying to avoid or delay their contractual obligations by invoking previously overlooked force majeure provisions. Others are aiming to enforce their contracts after receiving force majeure notices. We expect a new wave of litigation. Last month, one of the first force majeure case arising out of COVID-19 was filed in California: Pacific Collective LLC v. ExxonMobil Oil Corp. Read more.
May 11, 2020
Alerts: Entertainment Law
“Packaging Fees” Dispute: Court Permits Certain Writer Claims to Proceed
Film and television creatives and executives have been closely watching William Morris Endeavor Entertainment, LLC vs. Writers Guild of America, West, Inc., a battle between talent agencies and writers over agency “packaging fees.” Resolution of the dispute will have a large impact on how writers, creators, and agents get paid. Recently, a federal judge issued an important ruling on the WGA and individual writers’ claims -- allowing certain claims to proceed. Read more.
May 11, 2020
In the Press: Quoted
California Judge Denies Injunction Against LegalMatch
Bloomberg Law quotes Ronald C. Minkoff on the California State Bar’s complaint against online lawyer referral service LegalMatch. View Article
May 8, 2020
In the Press
Amazon Developing ‘The Horror of Dolores Roach’; Creator Aaron Mark Strikes First-Look Deal With Blumhouse Television
Deadline mentions Frankfurt Kurnit as counsel to Daphne Rubin-Vega who starred in the podcast that Blumhouse Television is developing at Amazon. View Article
May 8, 2020
In the Press
Temporary Waiver Regarding the Use of Stock Footage under the SAG-AFTRA Commercials Contract
Extreme Reach features Brian Murphy’s blog post “Temporary Waiver Regarding the Use of Stock Footage under the SAG-AFTRA Commercials Contract.” View Article
May 7, 2020
Alerts: Entertainment Law
The Show Must Go On: Production During the Pandemic
From pitch meetings to development and production, COVID-19 has changed the way creatives and their representatives do business. Read more.
May 4, 2020
Alerts: Estate Planning Law
Estate Planning Opportunities During the Pandemic
The pandemic’s effect on the economy has led to reduced valuations for many privately-owned and publicly-traded businesses, as well as reduced valuations for real estate and other assets. At the same time, interest rates remain at historically low levels. This unique economic environment can create estate planning opportunities for certain individuals and families. Read more.
May 4, 2020
Alerts
IRS: Forgiven Paycheck Protection Program Loan Expenses Are Not Deductible
On April 30, 2020, the IRS announced in Notice 2020-32 that expenditures of CARES Act Paycheck Protection Program (“PPP”) loan funds that otherwise would be deductible for federal income tax purposes will not be deductible to the extent such loan funds are forgiven pursuant to the PPP. Read more.
May 4, 2020
Alerts: Sports Law
April Sports Industry News 2020
Here’s what’s happening at the intersection of sports, marketing, and entertainment law as we face an unprecedented and difficult entry into Spring. Read more.
May 1, 2020
Published Articles
Tips for Minimizing Law Firm Liability During COVID-19
Law360 published Nicole Hyland’s article “Tips for Minimizing Law Firm Liability During COVID-19.” The article discusses risk management issues that law firms face during the COVID-19 pandemic and offers tips for minimizing risks. View Article
April 29, 2020
In the Press
Town Sports International: AGs Target Health Clubs For Charging Fees While Closed
MarketScreener shared Jeffrey A. Greenbaum’s blog post “Town Sports International: AGs Target Health Clubs For Charging Fees While Closed.” View Article
April 29, 2020
Courts Grapple with Virtual Proceedings in Quarantined New York
MarketWatch quotes Caren Decter on the immediate cash flow concerns due to the hold on nonessential court filings for current cases in New York State courts. View Article
April 28, 2020
Alerts: Employment Law
EEOC Permits Employers to Test for COVID-19
This week, as parts of the nation began returning to work, the EEOC responded to an increasingly urgent question: May employers test employees for COVID-19? Read more.
April 27, 2020
In the Press
Ryan Hurst, Kristen Schaal Cast in Hulu’s ‘Mysterious Benedict Society’
The News Trace mentions Frankfurt Kurnit as counsel to MaameYaa Boafo who is cast in Hulu’s upcoming collection adaptation of “The Mysterious Benedict Society.” View Article
April 27, 2020
In the Press
Encantos Launches New Fellowship Program to Discover the Next Generation of Underrepresented Talent
StreetInsider.com mentions Lisa E. Davis as one of the mentors in the Encantos Fellowship program. View Article
April 27, 2020
In the Press
Meryl Poster Options Allison Winn Scotch’s Novel ‘Time Of My Life’ Under Sony Deal
Deadline mentions Victoria Cook as counsel to producer Meryl Poster who optioned the rights to the novel "Time of My Life” under a new deal at Columbia Pictures which Victoria negotiated. View Article
April 27, 2020
Alerts
PPP Loan Program Updates: Additional Funding and Additional Guidance
The Frankfurt Kurnit Corporate Group has been tracking developments in the Paycheck Protection Program (the “PPP”), adopted as part of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). In this alert we highlight some key developments since our last update. Read more.
April 27, 2020
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