In the Press: Quoted
Ariana Grande, Louis C.K. Concert Rules Push Copyright Limits
Bloomberg Law and Ticket News quote Rick Kurnit on celebrity efforts to control use of their image and performances in news stories. View Article
May 28, 2019
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.
Bloomberg Law and Ticket News quote Rick Kurnit on celebrity efforts to control use of their image and performances in news stories. View Article
May 28, 2019
Marklives mentions Jeffrey A. Greenbaum and his GALA presentation about global advertising trends. View Article
May 28, 2019
Shoot Online mentions Jeffrey A. Greenbaum as a speaker on the “Living on the Cutting Edge of Content” panel at the SHOOT 2019 New Directors Showcase. View Article
May 23, 2019
The Hollywood Reporter and Shoot Online mention Frankfurt Kurnit as counsel to Rod Blackhurst who is set to direct “Blood for Dust” from Witchcraft Motion Picture Company. View Article
May 22, 2019
Bloomberg Law quotes Catherine Farrelly on the trademark infringement case between Nespresso and Jones Brothers Coffee Co. (Behind paywall) View Article
May 22, 2019
Law360 quotes Catherine Farrelly on entertainment franchises filing trademarks for their successful shows that result in merchandise opportunities. (Behind paywall) View Article
May 22, 2019
The Hollywood Reporter mentions Brian G. Murphy’s summary of the Alternate Compensation Structure (ACS) that is part of the Memorandum of Agreement for the 2019 SAG-AFTRA Commercials Contract. View Article
May 16, 2019
Lexology Getting the Deal Through published the 2019 edition of Advertising & Marketing. Rick Kurnit and Hannah Taylor authored the USA Chapter and Rick served as contributing editor. View Article
May 14, 2019
Daily News quotes Ronald C. Minkoff on ethics concerns over a judge's failure to disclose an association with a fellow judge named in an lawsuit they presided over. View Article
May 13, 2019
Corporate counsel ranked Frankfurt Kurnit Klein & Selz as a best-branded law firm in the BTI Brand Elite 2019. This was based solely on in-depth interviews with more than 694 corporate counsel at the world’s largest and most influential companies.
May 10, 2019
Radio Facts mentions Victoria Cook as counsel to the filmmakers who are developing a new documentary feature about Congressman John Robert Lewis with CNN Films and Trilogy Films. View Article
May 10, 2019
The New York Law Journal published Tyler Maulsby’s article “Beyond ‘Brady’: The Ethical Implications When a Prosecutor Learns That an Officer Fabricated Evidence.” The article discuses a prosecutor’s ethical obligations under the New York Rules of Professional Conduct when learning of new evidence that might exonerate a convicted defendant. (Behind paywall) View Article
May 10, 2019
Law360 mentions Hannah Taylor’s promotion to partner in their list of promotions for the first quarter of 2019. (Behind paywall) View Article
May 10, 2019
Texas Bar Blog quotes Hannah Taylor and Daniel Goldberg on general policies for companies to follow when interacting through virtual assistants and chats. View Article
May 2, 2019
Here’s what’s happening at the intersection of sports, marketing, and entertainment law as we hit Spring. Read more.
April 30, 2019
For the fifteenth consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit. Chambers USA ranked us for our: Advertising, Media & Entertainment and Intellectual Property practices. Read more.
April 29, 2019
Law360 mentions Kimberly Maynard as counsel to Sprint in its false advertising lawsuit against AT&T, which settled on April 22nd. (Behind paywall) View Article
April 23, 2019
Variety included Victoria Cook and Andrew Hurwitz in its 2019 Legal Impact Report. The report spotlights the leading attorneys in the entertainment industry over the past year. View Article
April 16, 2019
Law360 quotes Ronald C. Minkoff about how one New York lawyer involved the college admission scandal could secure a lighter penalty post-conviction. (Behind paywall) View Article
April 9, 2019
Law360 published Terri Seligman’s article “When Advertisers Are Liable for Claims in Reviews” in their expert analysis section. The article discuses advertiser responsibility for misleading consumer reviews on third-party retail websites. (Behind paywall) View Article
April 4, 2019
The New York Times quotes Rick Kurnit on the difficulty of claiming ownership of daguerreotypes. View Article
April 1, 2019
Law360 quotes Sean Kane on loot boxes within video games; and Gregory Boyd and Daniel Goldberg on video game privacy and data security. (Behind paywall) View Article
April 1, 2019
The Hollywood Reporter included Amy Nickin in its Power Lawyers 2019: Hollywood’s Top 100 Attorneys list. View Article
March 29, 2019
Landslide a publication of the ABA Section of Intellectual Property Law published Terri Seligman and Hannah Taylor’s article “Navigating the National Advertising Division.” ©2019. Published in Landslide, Vol. 11, No. 4, March/April 2019, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. View Article
March 29, 2019
Lisa E. Davis appeared on Fox 5’s Good Day NY to discuss the Jussie Smollett case. View the video here.
March 27, 2019
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