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.
Ipfrontline featured Caren Lerner's article about how the California Resale Royalties act violated the dormant Commerce Clause of the Constitution.
June 8, 2012
The ABA Lawyer's Manual on Professional Conduct and Bloomberg BNA featured Ronald Minkoff's article about the duty to pay back profits earned on hourly-fee cases in dissolved law firms.
June 6, 2012
Adweek quoted Terri Seligman on a National Advertising Division investigation into photo retouching in print advertisements. View Article
May 29, 2012
The Washington Post quoted Jeffrey A. Greenbaum on the FTC's POM Wonderful advertising investigation.
May 25, 2012
This week, the social network Myspace agreed to settle charges by the Federal Trade Commission that Myspace did not honor its own promises to consumers in its privacy policy. Read more.
May 10, 2012
Gamasutra published S. Gregory Boyd's article "Seven Steps to Improved Security".
May 2, 2012
Th ABA Journal featured Ronald Minkoff's article explaining the ethics issues that may arise if lawyers offer Groupon-style discounted legal services.
May 1, 2012
There are two news items from the advertising industry’s self-regulatory arena- the first from the Council of Better Business Bureaus, and the second from the National Advertising Review Council. Read more.
April 20, 2012
The Harvard Crimson featured Frankfurt Kurnit as a sponsor for five short documentary films at the Harvard Doc Festival 2012. Watch Trailer or Read Article.
April 16, 2012
On March 30, 2012, the Screen Actors Guild and the American Federation of Television and Radio Artists announced that they merged into a single union. This new union, SAG-AFTRA, will now oversee the services of over 150,000 actors, recording artists, stunt performers and other media professionals. Read more.
April 13, 2012
Reuters Legal quoted Ronald Minkoff on the difficulties in finding an impartial juror and the juror's obligation to disclose certain connections.
March 29, 2012
MediaPost quoted Jeffrey A. Greenbaum on the challenges of complying with FTC regulations governing children, social networking and privacy. View Article
March 28, 2012
The Federal Trade Commission ("FTC") recently announced that it reached agreements with five car dealerships that require them to stop running ads in which they promise to pay off a consumer's trade-in vehicle no matter what the consumer owes. These cases are exemplary of the FTC's increased focus on consumer protection issues in motor vehicle transactions. Read more.
March 19, 2012
The Federal Trade Commission ("FTC") has closed its investigation of whether advertising claims made by Lucky Brand Dungarees, Inc. violated the FTC Act, citing several reasons for its decision, including that Lucky had corrected all incorrect statements that its products were "made in the United States." Read more.
March 15, 2012
As part of a regular review of its rules and guides, the Federal Trade Commission is currently focusing on its "Wool Products Labeling Rules". These rules, which apply to any manufacturer, distributor, or labeler of wool products, were last modified in the year 2000. Read more.
March 13, 2012
Our client, Mary-Louise Parker, will star in Jamesy Boy, an indie prison drama toplined by newcomer Spencer Lofranco. Trevor White is directing and wrote the script with Lane Shadgett. View Article
March 9, 2012
In another example of the Federal Trade Commission's broad efforts to ensure that environmental marketing is truthful and based on solid scientific evidence, the FTC recently proposed settlement orders that prohibit five window replacement companies from making false claims about how much money consumers could save on their heating and cooling bills by having windows installed. Read more.
March 6, 2012
Crain's New York Business featured Andrew Hurwitz in "Executive Moves" as a partner in the Frankfurt Kurnit Entertainment Group. View Article
March 5, 2012
Two new privacy measures are likely to impact organizations that collect information about their customers online. Read more.
March 2, 2012
The Gala Gazette featured Jeffrey A. Greenbaum and Terri Seligman in a discussion of the FTC investigation concerning environmental marketing claims made in cat litter advertising and its implications in a market with a greater focus on "green" or environmentally conscious products.
March 1, 2012
The Federal Communications Commission has issued an order requiring telemarketers to obtain prior written consent from consumers before distributing prerecorded telemarketing messages via autodialer to cell phones or residential landlines. Besides exceptions noted here, the order applies regardless of whether there is an existing business relationship between the marketer and the consumer, and will go into effect 12 months after formal publication of the approved rule in the Federal Register. Read more.
February 27, 2012
Our client, Bradley Whitford, formerly of The West Wing, is set to star in Fox's spy drama series, The Asset, where he will play a station chief opposite Ali Larter's CIA field operative character. View Article
February 23, 2012
A state appeals panel recently rejected an arbitrator's $3 million sanction against oil tycoon Jack Grynberg in a decade-long dispute with BP and Statoil, ruling that the arbitrator exceeded his authority in sanctioning Mr. Grynberg for filing a series of lawsuits in bad faith. The New York Law Journal quoted Ronald Minkoff, who represented Mr. Gynberg, on this matter.
February 23, 2012
The Federal Trade Commission issued a staff report yesterday that says makers of mobile apps directed at children, the app stores that sell them, and certain third parties providing services within apps (e.g., advertisers), are not providing the information that parents need to understand what data the apps collect and how that data is handled. Read more.
February 17, 2012
The Electronic Retailing Self-Regulation Program featured Jeffrey A. Greenbaum on its blog page as part of a Social Media Week panel discussion hosted by ESRP on how to incorporate social platforms into advertising campaigns and marketing strategies. View Article
February 17, 2012
We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
