In the Press: Quoted
Amanda Seales Upped To Regular On HBO’s Insecure
Deadline Hollywood mentioned Lisa E. Davis as attorney for Amanda Seales in her HBO and TruTV deals. View Article
March 7, 2017
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.
In the Press: Quoted
Play-Doh Moves to Make Sure You Can’t Copy Their Signature Smell
Mashable mentioned Frankfurt Kurnit as the lawyers behind Hasbro’s Play-Doh scent trademark registration. View Article
March 7, 2017
In the Press: Quoted
‘Unprofessional’ Attorney Avoids Sanctions In MLB TV Settlement
Law360 mentions Brian Maas and Tyler Maulsby as the lawyers for Christopher Bandas, who successfully avoided Rule 11 sanctions in Garber v. Office of the Commissioner of Baseball. View Article
March 7, 2017
In the Press: Quoted
Artificial Intelligence Raises Ethical Concerns For Attorneys
Law360 quoted Ron Minkoff on how technological developments such as artificial intelligence are changing the practice of law. View Article
March 6, 2017
In the Press: Quoted
Hasbro Filed to Protect Play-Doh Smell
Inside Counsel magazine quoted Catherine Farrelly on Hasbro’s trademark “scent” registration for Play-Doh.
March 2, 2017
In the Press: Praise
Baby Goldblatt in The Hollywood Reporter
The birth announcement of Julien Harris Goldblatt, Hayden Goldblatt's son, is featured in the Hollywood Reporter. View Article
February 27, 2017
In the Press: Praise
Oscars 2017
Congratulations to all of our clients who played a part in 2017 Oscar winning projects. Read more.
February 27, 2017
In the Press: Quoted
What’s That Smell? Play-Doh Leads Charge For Scent TMs
Law360 quoted Catherine Farrelly on Hasbro’s efforts to acquire a trademark for the scent of Play-Doh. The New York Times picked up Law360' s coverage of the Play-Doh mark in its 13 Great Stories That Have Nothing to Do With Politics column here. View Article
February 24, 2017
In the Press: Quoted
Fox Apologizes for Use of Fake News Sites in ‘A Cure for Wellness’ Ad Campaign
The Los Angeles Times quoted Rick Kurnit on right of publicity issues arising from a 20th Century Fox movie advertising campaign. View Article
February 21, 2017
In the Press: Quoted
Stephen Curry Spoke. Under Armour Listened. Now What?
The Associated Press, ESPN, CBS News, and Sports Illustrated quoted Christopher Chase on contract issues arising from friction between an NBA star and his sponsor.
February 17, 2017
Alerts: Privacy & Data Security Law: Technology Law
No Harm, No Foul: Court Dismisses Biometric Data Privacy Class Action Against NBA 2K Games
Biometric data — from, e.g., retina, face and fingerprint scans — plays a big role in the current wave of new technology services. For example, biometrics provide security features for financial and healthcare products. But companies using or thinking of using biometric data have to comply with myriad privacy and data security laws and regulations, or face potential enforcement action and litigation. Read more.
February 16, 2017
In the Press: Quoted
Paul McCartney Sues Sony/ATV for Publishing Rights to Beatles’ Catalog
Inside Counsel quotes Edward H. Rosenthal on Paul McCartney’s attempt to use copyright termination laws to reclaim rights to certain Beatles’ songs.
February 13, 2017
Alerts: Technology Law
ZeniMax v. Oculus: Lessons from a $500 Million VR Case Verdict
The Oculus Rift has been one of the most anticipated technology developments in modern video game history. Now — as a result of avoidable mistakes — it is also a teaching case for lawyers advising clients in the interactive entertainment space. Here's a rundown of the case and the traps the developers fell into. Read more.
February 9, 2017
In the Press: Quoted
Shondaland To Develop Luvvie Ajayi’s Book “I’m Judging You” As Cable Series
Deadline features the news that Luvvie Ajayi’s debut book, I’m Judging You: The Do Better Manual, will be developed as a cable comedy series by Shonda Rhimes and Betsy Beers’ Shondaland, along with ABC Signature Studios.
February 7, 2017
In the Press
State of Washington v. Donald J. Trump, No. 17-35105 (9th Cir.)
We filed a friend-of-the-court brief on behalf of our client, the Anti-Defamation League, in support of Washington and Minnesota’s challenge to President Trump’s Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” You can read our brief here.
February 7, 2017
Alerts: Intellectual Property Law
Does IP Law Protect Cake and Pastry Designs?
A chef who created a cake for President Obama's inauguration in 2013 recently tweeted a photograph showing two cakes. According to the chef, one was created for the Obama inauguration and the other was for an inaugural ball for President Trump. The Trump cake baker apparently admitted copying the Obama cake design (and stated the proceeds would be donated to a charity). So among the many legal questions raised by the new Trump administration, there lies an interesting IP question: can a baker, chef or restaurateur use intellectual property law to protect a cake or pastry design? Read more.
February 3, 2017
In the Press: Quoted
Forfeiture and Restitution: Ships Passing in the Night?
The New York Law Journal published Brian Maas and Caren Decter’s essay about the disconnect between the government’s forfeiture powers and a victim’s right to restitution. (Article behind paywall) View Article
January 31, 2017
Alerts: Commercial Litigation
NY Court Expands Protections for Employers to Safeguard Proprietary Information
Yesterday a New York State appeals court reinstated the conviction of a former Goldman Sachs computer programmer under New York's unlawful use of secret scientific material statute. In doing so, the court gave a twenty-first century voice to a statute that was written in the age of blueprints and photocopiers. Read more.
January 27, 2017
In the Press: Quoted
Ethics Group Backs High Court Look At Nonresident Atty Law
Law360 mentioned Ron Minkoff as counsel to the Association of Professional Responsibility Lawyers in its Amicus Curiae brief to the US Supreme Court seeking constitutional review of a New York statute governing nonresident attorney practice. View Article
January 24, 2017
Published Articles
Protecting Your Legacy: Every Athlete Needs A Game Plan For Estate Planning & Philanthropic Ventures
Athletes Quarterly recently published Adam Osterweil's article, “Protecting Your Legacy: Every Athlete Needs A Game Plan For Estate Planning And Philanthropic Ventures” which discusses unique considerations to be aware of as one starts the process of estate planning and deciding which philanthropic ventures to invest your time in. View Article
January 23, 2017
In the Press: Praise
Frankfurt Kurnit in WTR 1000 2017
The World Trademark Review includes Frankfurt Kurnit in "The World's Leading Trademark Professionals 2017" saying, "'It’s easy to recommend the trademark team at Frankfurt Kurnit Klein & Selz to any company seeking the absolute best in advice and counselling." View Article
January 20, 2017
In the Press: Quoted
FTC vs D-Link: The Legal Risks of IoT Insecurity
ZD Net quoted Jeremy S. Goldman at length on the FTC v D-Link enforcement action, a case with major implications for companies manufacturing products for the Internet of Things. View Article
January 13, 2017
In the Press: Quoted
The FTC Accuses D-Link of Manufacturing Insecure Routers and Cameras
PC World quoted Jeremy S. Goldman on the scope of the FTC’s power to enforce against Internet of Things device makers under the FTC Act. View Article
January 11, 2017
In the Press: Quoted
FTC Tests Limits Of Data Security Power In D-Link Action
Law360 quoted Jeremy Goldman on the scope of the FTC’s power to regulate privacy and data security breaches under the FTC Act. View Article
January 11, 2017
In the Press: Quoted
The US is Finally Getting Serious about Security on the Internet of Things with this Lawsuit
Jeremy S. Goldman is quoted in the Quartz article, "The US is Finally Getting Serious about Security on the Internet of Things with this Lawsuit". View Article
January 9, 2017
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