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.
The makers of the "Grand Theft Auto: San Andreas" video game, Take-Two Interactive Software, Inc. and Rockstar Games, Inc., recently settled Federal Trade Commission charges that they deceptively marketed the game by failing to disclose to consumers that it contained hidden content. FTC File No. 052 3158 (June 8, 2006). Read more.
June 16, 2006
The combination of ubiquitous online social networking and Web 2.0 is fueling the latest online intellectual property confrontation between content companies and internet users. In an interesting twist, though, this time the content is being created by the internet users themselves. Read more.
June 7, 2006
The National Advertising Division recently told Dr. Pepper Seven Up, Inc. that advertising for its 7UP PLUS soda, which is made with real fruit juice, was misleading because of the real fruit that was shown. Read more.
April 17, 2006
Internet Law & Strategy, Vol. 3, No. 12 published Sean F. Kane's article "Can The Grokster Settlement Close Pandora’s Box?"
December 31, 2005
e-Commerce Law & Strategy, Vol. 22, No. 8 published Sean F. Kane's article "Can The Grokster Settlement Close The File-Sharing Pandora’s Box?"
December 31, 2005
Gamasutra published S. Gregory Boyd's article "Nintendo Entertainment System – Expired Patents Do Not Mean Expired Protection". View Article
November 11, 2005
Entertainment Law & Finance, Vol. 21, No. 7 published Sean F. Kane's article "International Film Production Incentives".
October 31, 2005
Sean F. Kane contributed to "Inside Grokster" an Internet Law & Strategy Virtual Roundtable, which was published in August/September 2005 by Internet Law & Strategy, Vol. 3, No. 8A.
September 30, 2005
Internet Law & Strategy, Vol. 3, No. 9 published Sean F. Kane's article "Virtual Worlds And Digital Rights, Can Stealing An Online Gamer’s IP Or Magic Sword Mean Real-World Legal Hot Water?".
September 30, 2005
Alka-Seltzer recently launched a remake of its famous "Try it, you'll like it" commercial from the 1970s. The new commercial takes the old favorite about a restaurant patron who was encouraged by the waiter to eat - "try it, you'll like it" - and updates it with "My Life on the D-List" star Kathy Griffin. We've had the "New Love Boat" and "Superman Returns," so why not bring back old favorites in the commercial world as well? Read more.
September 17, 2005
When developing advertising concepts, creatives get their inspiration from many sources. But when the inspiration comes from other creative works, such as a preexisting photograph or television show, there’s a risk that you may infringe upon the original creator’s rights. A recent decision by a federal court in New York illustrates just how easy it is to run into trouble. Read more.
September 16, 2005
Entertainment Law & Finance, Vol. 21, No. 4 published Sean F. Kane's article "A Primer On Protecting Investments In Motion-Picture Productions".
July 31, 2005
Being a plaintiff's class action lawyer can make you very rich, but no one ever said it was easy. You first have to find willing class representatives with a decent claim. But class representatives generally lack the resources to pay the enormous expenses of moving the case forward, so you have to fund the cases yourself or get other lawyers to help. Meanwhile, deep-pocket defendants often use their superior resources to turn the case into a battle of attrition. Read more.
July 28, 2005
Last month’s LegalEase discussed some of the mistakes that directors make when joining a production company. When negotiating with directors, production companies can make many missteps as well. Read more.
July 16, 2005
In addition to seeing some terrific work, the audience at SHOOT’s New Directors Showcase, held a few weeks ago at the DGA Theater in New York City, heard directors, production company heads, and others talk about the many challenges of building a new director’s career. Without a doubt, if you’re a director, building a reel, finding a production company, and getting good work isn’t going to be easy. Read more.
June 16, 2005
After years of litigation, California infomercial producer Modern Interactive Technology, Inc., along with its two principals, recently settled charges by the Federal Trade Commission that they participated in developing deceptive claims used to sell weight loss products. Read more.
May 15, 2005
Earlier this year, SHOOT reported that the AICP revised its Guidelines to address concerns in the production community about late payment by advertising agencies. The AICP now recommends that production companies assess finance charges on all payments that are more than thirty days overdue. Read more.
April 15, 2005
Start-up companies typically issue restricted stock to founders pursuant to Internal Revenue Code ("IRC") Section 351. To encourage founders to remain with the company, start-ups often attach vesting provisions to the stock. Managing the vesting of founders equity can be tricky, and simple mistakes can create significant, unanticipated income tax liabilities. One common error we've seen occurs when such founders fail to "elect" to pay income tax at the time of the issuance under IRC Section 83(b). This article identifies this trap and helps you avoid it. Read more.
April 7, 2005
Responding to a complaint brought by Commercial Alert in late 2003, the Federal Trade Commission recently said that it has decided not to require advertisers to disclose product placements in television programs at the time that the product appears on screen. Read more.
March 5, 2005
Like many Americans, I have had some awkward conversations with my dental hygienist trying to explain why I hadn’t flossed. So when I saw Listerine’s recent advertising campaign promoting mouthwash that is "as effective as floss," I put aside the jaded skepticism of an advertising lawyer and rushed out to buy a bottle of Cool Mint Listerine. Read more.
January 16, 2005
Lauren Bishow wrote the article, “Death and Taxes: The Family Limited Partnership and Its Use in Estate Planning After the Third Circuit’s Ruling in Estate of Thompson v. Commissioner” published by the Villanova Law Review.
January 15, 2005
The marketer of the Arnold Schwarzenegger bobble head doll, Ohio Discount Merchandise, Inc., reportedly just settled a lawsuit brought on behalf of the California Governor, alleging that the doll violated Schwarzenegger’s rights. Read more.
November 16, 2004
The Children’s Advertising Review Unit of the Council of Better Business Bureaus recently announced that Nakajima USA Inc., marketers of the Pirates of the Caribbean Water Slide, said it would modify a television commercial promoting the slide, before airing it again, in order to emphasize that children should use the product under adult supervision. Read more.
October 15, 2004
New developments in indecency law are changing the way media executives and artists do business. Until now, broadcasters and artists could argue that certain questionable content was not indecent in light of the context of the challenged utterances. However, recent changes in the law suggest that context may no longer matter, thereby removing an important defense to a Federal Communications Commission complaint. Read more.
September 25, 2004
More than four years ago, Polar Bear Productions, a Montana-based production company, sued Timex Corporation, alleging that Timex continued to use footage licensed by Polar Bear after the term of the license had expired. Even after two trials, and a decision earlier this month by a federal appeals court in Washington, the lawsuit isn’t over, with the parties still fighting over the calculation of damages and other issues. Read more.
September 15, 2004
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