In the Press
Legal Face-Off Podcast
Tricia Legittino discusses the upcoming PBS trial against Tavis Smiley and the impact of morals clauses in talent agreements on WGN Radio’s Legal Face-Off podcast. Listen to the podcast here.
February 7, 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: Legal Ethics and Professional Responsibility
ABA Opinion Limits Restrictions on Departing Partners
There’s important news for law firm leaders who have recently revised partnership and shareholder agreements to restrict partner departures. In ABA Formal Opinion 489, the ABA Standing Committee on Ethics and Professional Responsibility spells out new limits on notice periods, on rules governing communications with clients, and on so-called “ownership” of clients. Here’s what firm managers need to know to stay on the right side of the ethics rules. Read more.
February 6, 2020
In the Press
Justice Ginsburg Roasted in Operatic Fashion by NYC Bar
Law360 covers the New York City Bar Association’s biennial “Twelfth Night” production in which legal stars are honored via a musical comedy roast. Ronald C. Minkoff sang in the production playing the late Justice Felix Frankfurter. (Behind paywall) View Article
February 6, 2020
Published Articles
A Red Line at Last: ABA Formal Opinion 489 (2019)
The American Bar Association’s Professional Liability Litigation Committee published Ronald C. Minkoff's article “A Red Line at Last: ABA Formal Opinion 489 (2019).” The article discusses the December 2019 Formal Opinion by the ABA Standing Committee on Ethics and Professional Responsibility prohibiting anticompetitive practices by law firms seeking to discourage partners from leaving. (Behind paywall) View Article
February 5, 2020
In the Press: Quoted
Brexit Creates Long-Term Uncertainty in U.K. Trademark Law
Bloomberg Law quotes Kimberly M. Maynard on the UK’s withdrawal from the European Union and how it will affect trademark applications and registrations. View Article
February 4, 2020
In the Press: Quoted
Independent Contractors Are Already Finding Ways to Work Around AB5
Quartz quotes Tricia L. Legittino on the AB5 California labor law. Ms. Legittino notes getting a business license may help some workers continue to be classified as independent contractors. View Article
January 31, 2020
Alerts: Intellectual Property Law
What Does Brexit Mean for Your UK Trademark Rights?
On January 31, 2020, the UK will formally withdraw from the European Union, and brand owners who have relied on their EU trademark applications and registrations for protection in the UK will need to make sure that their rights are secured in the UK. Read more.
January 31, 2020
In the Press: Quoted
FDA Plans To Study Influencer Marketing
Digital News Daily quotes Jeffrey A. Greenbaum on the Food and Drug Administration’s plan to examine the effectiveness of disclaimers on social media for pharmaceuticals. Mr. Greenbaum notes the evidence from the experiment will be influential and help the Federal Trade Commission with their guidelines. View Article
January 30, 2020
In the Press: Quoted
From Fordham to Fortnite
Fordham Lawyer’s tech issue features alumni Sean Kane on his career as an interactive entertainment lawyer. View Article
January 24, 2020
In the Press
5 Tips for Advertisers on Using Material in the Public Domain
Extreme Reach features Brian G. Murphy’s blog post “5 Tips for Advertisers on Using Material in the Public Domain." View Article
January 23, 2020
In the Press: Quoted
Tavis Smiley’s PBS Firing Puts Hollywood Morals Clauses on Trial
The Hollywood Reporter quotes Jeffrey A. Greenbaum on the importance of morals clauses. View Article
January 22, 2020
In the Press: Quoted
Feds Seek To Jam Revolving Door In High-Profile Cases
Law360 quotes Ronald C. Minkoff on the ethics of former government attorneys handling cases that closely relate to facts they learned on the job. (Behind paywall) View Article
January 22, 2020
In the Press: Quoted
The Peacock Is Landing: NBCUniversal And Comcast Set To Tout Streaming Service
Deadline quotes Andrew Hurwitz on Peacock, the new streaming service created by NBCUniversal and Comcast. View Article
January 16, 2020
In the Press: Praise
Three Frankfurt Kurnit Attorneys Named to Southern California Super Lawyers List for 2020
The list includes: "Super Lawyer" Joseph R. Taylor. Tiffany Caterina and Daniel Goldberg are listed as “Rising Stars.” Read more.
January 15, 2020
In the Press
Method Man to Star in ‘Power’ Spinoff at Starz
The Hollywood Reporter and The Bulletin Time mention Frankfurt Kurnit as counsel to Method Man who will star in a “Power” spinoff on Starz. View Article
January 15, 2020
In the Press: Praise
America’s Top Trusted Corporate Law Firms
Forbes features Frankfurt Kurnit in its report on the top trusted corporate law firms in America. View Article
January 9, 2020
In the Press: Quoted
Does Keeping Kids Offline Breach their Human Rights?
The MIT Technology Review quotes Gregory Boyd on the ban of the game PlayerUnknown’s Battlegrounds in Gujarat, India. (Behind paywall) View Article
January 8, 2020
Alerts: Employment Law
New California Employment Law Changes You Need to Know
2019 was a historic year for employment law in California. In case you missed them, we summarized the key employment law changes that may fundamentally affect businesses with California employees in 2020. Read more.
January 7, 2020
Alerts: Estate Planning Law
Increased Exemption for 2020 Creates Estate Planning Opportunities
The Federal estate, gift and generation-skipping transfer (GST) tax exemption amounts have increased in 2020, to $11.58 million per individual. Read more.
January 6, 2020
In the Press: Quoted
Sports Law in 2020 - Key Issues to Watch in North America
LawInSport included Christopher R. Chase’s overview on what he foresees to be the top sports law issues in 2020. Mr. Chase notes the IOC & USPOC athletic sponsorship guidelines and non-tradition sponsors in sport. (Behind paywall) View Article
January 3, 2020
Frankfurt Kurnit Law Firm Elects New Partners
January 2, 2020, New York, N.Y. - Frankfurt Kurnit Klein + Selz, PC has elected Kimberly Maynard and Wendy Stryker as partners effective January 1, 2020. They are both based in the firm’s New York office. Read more.
January 2, 2020
Published Articles
Media Law International: Rules on Influencer Advertising and FTC’s Guidance on Disclosure
Media Law International published Hannah Taylor’s article “Rules on Influencer Advertising and FTC’s Guidance on Disclosure.” View Article
December 31, 2019
Alerts
Tax Act Changes Affecting Tax Exempt Organizations
The Taxpayer Certainty and Disaster Tax Relief Act of 2019 (the "Act"), signed into law on December 20, 2019 as part of a spending bill to fund the government through September 2020, repeals the notorious "nonprofit parking tax" and simplifies the excise tax on private foundation investment income. Read more.
December 30, 2019
Alerts: Entertainment Law
New York Adds New Tax Credit for Minority and Women TV Writers’ and Directors’ Fees/Salaries
Effective December 18, 2019, New York State has amended its Tax Law to provide a new franchise tax and personal income tax credit for minority and women television writers' and directors' fees and salaries. Read more.
December 27, 2019
In the Press: Quoted
It Isn’t Just Uber: California Prepares for New Gig Worker Rules…and Confusion
The Wall Street Journal quotes Tricia L. Legittino on the new Assembly Bill 5. Ms. Legittino notes the bill will affect independent contractors and freelancers. View Article
December 17, 2019
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