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Hosted by sharon toerek
6 episodes with sharon toerek
3 episodes with sharon toerek
3 episodes with sharon toerek
4 episodes with sharon toerek
3 episodes with sharon toerek
2 episodes with sharon toerek
2 episodes with sharon toerek
We dive into how AI is reshaping marketing law and what agencies can do today to protect work, clients, and brand trust. Sharon Toerek shares a practical playbook for policies, contracts, and IP strategy while courts and states sort out the rules.• AI ownership and liability questions for agencies• Copyright cases on training data and outputs• State patchwork versus federal pressure on AI rules• Practical guardrails and written AI policies• Contract terms for AI use, warranties, and indemnities• Insurance stack realities and cyber coverage gaps• SEO, watermarks, and useful AI content• IP triangle: trademarks, copyrights, trade secrets• Attribution limits and proving substantial similarity• Authenticity, disclosure, and consumer trust• Refreshing contracts and policies more oftenGuest Contact Information: Website: legalandcreative.comLinkedIn: linkedin.com/in/sharontoerekMore from EWR and Matthew:Leave us a review wherever you listen: Spotify, Apple Podcasts, or Amazon PodcastFree SEO Consultation: www.ewrdigital.com/discovery-callWith over 5 million downloads, The Best SEO Podcast has been the go-to show for digital marketers, business owners, and entrepreneurs wanting real-world strategies to grow online. Now, host Matthew Bertram — creator of the LLM Visibility Stack™, and Lead Strategist at EWR Digital — takes the conversation beyond traditional SEO into the AI era of discoverability. Each week, Matthew dives into the tactics, frameworks, and insights that matter most in a world where search engines, large language models, and answer engines are reshaping how people find, trust, and choose businesses. From SEO and AI-driven marketing to executive-level growth strategy, you'll hear expert interviews, deep-dive discussions, and actionable strategies to help you stay ahead of the curve. Find more episodes here: youtube.com/@BestSEOPodcastbestseopodcast.combestseopodcast.buzzsprout.comFollow us on:Facebook: @bestseopodcastInstagram: @thebestseopodcastTiktok: @bestseopodcastLinkedIn: @bestseopodcastConnect With Matthew Bertram: Website: www.matthewbertram.comInstagram: @matt_bertram_liveLinkedIn: @mattbertramlivePowered by: ewrdigital.comSupport the show
SummaryIn this episode, Sharon Toerek, a marketing and IP attorney, shares insights on how small businesses and marketing agencies can proactively protect their intellectual property, navigate AI-related legal challenges, and leverage legal strategies for growth and exit planning.TakeawaysIP as a profit preservation toolCommon misconceptions about IP ownershipTriangle model of IP (Brand, Content, Transactions)Legal considerations for AI-generated workContractual strategies for IP ownership and liabilityTiming for legal engagement in small businessesIP as a revenue stream and sale assetChapters00:00 Introduction to Legal Perspectives in Marketing08:02 The Importance of IP for Small Businesses13:53 When to Engage Legal Help19:43 Building Value Through Intellectual Property25:44 The Evolution of Business Thinking on IP32:52 The Impact of AI on Intellectual Property38:47 Ownership and Copyright in AI-Generated Work51:59 Contractual Agreements and IP ProtectionConnect with Sharon: Website: https://legalandcreative.com/Podcast: https://podcasts.apple.com/us/podcast/the-innovative-agency/id1419747902LinkedIn: https://www.linkedin.com/in/sharontoerek/Credits:Hosted by Ryan Roghaar & Mike SmithProduced by Ryan RoghaarTheme music: "Perfect Day" by OPM The Eggs Podcast Spotify playlist:bit.ly/eggstunesThe Plugs:The Show: eggscast.com@eggshow on X and InstagramOn iTunes: itun.es/i6dX3pCOnStitcher: bit.ly/eggs_on_stitcherAlso available on Google Play Music!Mike "DJ Ontic": Shows and info: djontic.com@djontic on twitterRyan Roghaar:rogha.ar
AI is moving fast in professional services firms. And while most conversations focus on efficiency gains and new tools, the harder questions are around risk – ownership, liability, and what happens when AI use goes wrong.In this episode of The Handbook, Harv Nagra is joined by Sharon Toerek, a leading expert on IP and legal risk in the creative and consulting space, to unpack what AI really changes for operations leaders – and what needs to be in place to protect your businessHere's what they dive into:
Welcome to another insightful episode of Build a Better Agency! This week, host Drew McLellan tackles the critical—yet often underestimated—legal side of agency mergers and acquisitions. Joined by agency law specialist Sharon Toerek, Drew explores all the ways agencies can better prepare for buying or selling a business and avoid the legal pitfalls that can delay deals, drive up costs, or even kill transactions entirely. Sharon Toerek shares from her first-hand experience helping agencies on both the buy and sell side, breaking down the foundational legal elements every agency owner needs—whether or not they plan to sell someday. Together, they dig into everything from the importance of robust client and employee contracts, to protecting intellectual property, to the necessity of having proper corporate governance documents in place. Sharon explains how missing or incomplete contracts can erode agency valuations, scare buyers, and create costly last-minute headaches. The conversation also covers the nuances of deal documentation, the significance of a well-prepared due diligence process, and the real-world "war stories" that illustrate why legal readiness matters so much. Drew McLellan and Sharon Toerek offer listeners practical, actionable steps to start shoring up their agreements, documents, and internal processes now—not just in anticipation of a sale, but as fundamental best practices for running a sustainable, valuable agency. Don't miss this episode if you want to eliminate unnecessary risks, maximize the value of your agency, and ensure a smoother M&A journey whenever the time comes. By the end, you'll have a to-do list that can strengthen your agency's foundation today and set you up for a more profitable, stress-free exit tomorrow. A big thank you to our podcast's presenting sponsor, White Label IQ. They're an amazing resource for agencies who want to outsource their design, dev, or PPC work at wholesale prices. Check out their special offer (10 free hours!) for podcast listeners here. What You Will Learn in This Episode: The critical role of client contracts and why agencies need to centralize and consistently document them The importance of up-to-date employee agreements and talent documentation to protect agency value Intellectual property as a major driver of agency valuation (and how to properly identify and secure IP assets) The need for clear, accessible corporate governance and owner agreements to prevent deal slowdowns Why preparing legal foundations early smooths M&A transactions and safeguards potential deal value How lack of organization or missing documents can delay, diminish, or even derail agency sales Proactive legal preparation as both a best practice and a profit generator for agencies
Points of Interest00:00 – 01:38 – Introduction: Marcel welcomes agency legal specialist Sharon Toerek, highlighting her long track record in the industry and setting the stage with a discussion about how quickly the agency world is changing.01:38 – 02:45 – Framing the AI Legal Conversation for Agencies: They position the core topic of the episode as the legal implications of AI adoption inside agencies, especially when serving enterprise clients with sensitive data and heightened risk concerns.02:45 – 05:03 – The Two Biggest AI Risk Buckets: IP and Data Privacy: Sharon identifies intellectual property and data privacy as the top two legal risk areas agencies must consider when using generative AI in strategy, creation, and data manipulation.05:03 – 08:11 – IP Infringement, Ownership, and Contract Clarity: She explains how generative AI can inadvertently infringe on others' IP, complicate ownership of deliverables, and increase the need for explicit AI usage and ownership language in MSAs and SOWs.08:11 – 10:23 – Agency-Created IP and Contractor Use of AI: Sharon explores the risks of building agency-owned IP with AI when ownership is uncertain, and stresses the importance of knowing how contractors use AI so their work aligns with promises made to clients.10:23 – 15:11 – The State of Case Law and Fair Use Signals: They discuss how little case law exists around AI, what early decisions suggest about training data and fair use, and why we still do not know how much human contribution is needed to secure protectable IP.15:11 – 18:26 – Blurring Lines Between Human and Machine-Created Work: Marcel and Sharon reflect on how modern creative tools embed AI in everyday workflows, making it harder to distinguish human-made from machine-generated content for legal and practical purposes.18:26 – 22:40 – A Practical Playbook for Reducing AI Legal Risk: Sharon outlines concrete steps agencies can take now: have AI conversations with clients, update contracts, understand tool terms, set internal and external AI policies, and right-size risk based on audience scale.22:40 – 26:05 – Where Insurance Fits in the AI Risk Equation: They examine how general liability, E&O, and cyber policies currently treat AI-related issues, and why insurers are likely to carve out or slowly add AI-specific coverage as risks and profits emerge.26:05 – 30:31 – Market Volatility, AI Shock, and Rising Agency M&A: Sharon connects AI disruption, economic uncertainty, and geopolitical tension to a surge in small and mid-size agency deals, noting many founders are simply tired of reinventing their businesses again.30:31 – 35:40 – IP as a Lever in Exits and Next Career Moves: She makes the case that agencies who develop and package their own IP create more options in M&A, whether selling IP separately, splitting the business, or using it to launch the next chapter of their careers.Show NotesInnovative Agency PodcastWebsite: legalandcreative.comLinkedIn - Sharon ToerekM&A Webinar Replay with SharonLove the PodcastLeave us a review here. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this episode, Chip and Gini discuss the growing concerns surrounding AI in the agency world. They highlight the irrational fears and cyclical nature of technological disruptions, drawing comparisons to social media and content marketing trends of the past. The hosts argue against the notion that agencies should discount services due to AI efficiencies, emphasizing that AI should be seen as a tool to enhance productivity and strategic value rather than a cost-cutting measure. They stress that agencies should focus on delivering more value and maintaining regular client communication instead of simply protecting existing revenue. The discussion also touches on the importance of transparency in AI use without oversharing minute details. Finally, they underscore the benefit of quarterly planning to align agency efforts with client business goals, thus fostering stronger client relationships and ensuring mutual success. Key takeaways Chip Griffin: “Take ourselves out of the mindset that the AI is coming in and so we need to protect what we have. Instead, we should be thinking about how can we elevate, how can we produce more and better results for our clients?” Gini Dietrich: “Just because you’re faster at some mundane, laborious task does not mean that you should reduce your fees.” Chip Griffin: “Getting into the nitty gritty of your AI usage is sort of like explaining to a client whether you’re using a landline or a mobile phone to reach out to reporters. It doesn’t matter.” Gini Dietrich: “The strategy stays the same. The best practices stay the same. The tools have changed and the tools continue to change.” Related AI should be your agency's friend, not foe Agencies succeed through consistency and evolution Setting AI policies for your agency View Transcript The following is a computer-generated transcript. Please listen to the audio to confirm accuracy. Chip Griffin: Hello, and welcome to another episode of the Agency Leadership Podcast. I’m Chip Griffin. Gini Dietrich: And I am Gini Dietrich. Chip Griffin: And Gini I, I think that AI is making people crazy. They’re losing their minds and acting irrationally. Gini Dietrich: Yes, yes. I completely agree. Some of the stuff I see online, I’m like, you guys, Chip Griffin: take a deep breath. Gini Dietrich: Breath, everyone. Take a deep breath. Stop clutching your pearls. It’s okay. Chip Griffin: Well, maybe the AI really has become sentinent and – sentient – and the, the robot overlords are doing this intentionally to make us go crazy and eat each other alive. Gini Dietrich: Maybe, maybe. Although this happened with social media, it happened with content marketing. It happened with blogging. Here we are with AI. Everybody’s freaking out. Like, this is cyclical. Everyone’s gonna calm down. It will be okay. Chip Griffin: I don’t know if they’ll calm down, but eventually they’ll, they’ll come to the realization that perhaps it isn’t what they thought it, it was, and that it is, it is important. It is useful. It is valuable. It is not something that upends absolutely everything we do every moment of the day and we need to orbit around it. I mean, it just, it really does remind me of those early days of social media where, you know, you’d see these, these articles and posts about, oh my God, CEOs, they need to be blogging and they need to be blogging every day. And I don’t care how big your company is, the CEO needs to write those blog posts themselves. Ghost writing is an evil thing and we shall not do it. And if we do have it ghost written, we must disclose on that blog post or article that this was ghost written and not actually written by the CEO. Because we all believe that CEOs write their own darn stuff. Gini Dietrich: Yes. Yes. That’s why I say it’s all cyclical. Everyone calmed down. It’s going to be okay. That said, I happened upon the LinkedIn post by a second connection, who’s a chief marketing officer, and it essentially said, I’m trying to figure out how to manage my agencies who are using AI and how to ask what kind of discount and how to ask for a discount, because I know they’re using AI. and I was just like, there is no discount because you’re, they’re using AI. They’re able to focus on other things because of that, and they’re able to be more strategic in some areas because of it, but they, they should not be giving you a discount, just like the surgeon doesn’t give you a discount. Because the imaging is faster. You shouldn’t like the same. You’re not. Just because you’re faster at some mundane, laborious task does not mean that you should reduce your fees ever. Drives me freaking nuts. Chip Griffin: Yep. And I would absolutely agree with that, with the asterisk that if, for example, you are being hired to do writing and the AI does all the writing and you don’t edit and you don’t do anything else, and so you know you’re spending 10 minutes on it instead of 10 hours. You absolutely should be either figuring out how you can do more for the client, correct. Or you should be reducing your rates. Yes. Because it is, you know, I love all the talk about, you know, value-based pricing, which we talk about all the time, and certainly there are a lot of people who say, well, it doesn’t matter if I use AI to do it. They’re getting the same value out of it. Well, they are and they aren’t because they could do the work themselves if they wanted to in less time with less cost. And so. You’re not really creating that value anymore if the AI is doing it totally on its own and it doesn’t have anything to do with the prompts that you’re writing or, or the management of the whole process. And all of those things do take time, by the way. Mm-hmm. So we shouldn’t, we shouldn’t forget about that. Right. Particularly when we’re thinking about our own agencies and how we can be more efficient, the time it takes to manage the AI matters. We’ve talked about this recently. You cannot allow those things to, to be forgotten about. And so all of that does go into it. But the, I mean the comments on this post were just other worldly and there was another AI post recently as well that I saw and, and I mean, so we’ve got people out there who are like… CMOs want agencies to reduce their fees because they’re using AI. We’ve got a whole discussion around, well, we need to be transparent and tell every possible use of AI that we have and be really clear about it with our clients. This is how we’re using it exactly. And this is, and, and people say you can’t do hourly billing anymore because of AI, and so you must go to value-based pricing. And I mean, just all of this stuff. Take a breath, folks. Take Gini Dietrich: Yes. It’s a breath. Okay. Chip Griffin: Again, it is a tool, it is a valuable tool, but it is a tool. Gini Dietrich: That’s right. Chip Griffin: And it doesn’t mean that you just throw everything out and start over on either side of the agency client relationship. Gini Dietrich: Yes. Yeah, that’s absolutely right. I, I say this all the time, you know, like in other podcasts that I’m being interviewed on or webinars, whatever, the strategy stays the same. The best practices stay the same. The tools have changed and the tools continue to change. The tools have changed dramatically in the last 15 years. Use the tools to make you more effective and more productive. But like I said, the surgeon is still going to charge you what they charge you for brain surgery. Regardless of how fast the imaging is, regardless of how fast you get your MRI results back, like the, it doesn’t matter. Your expertise is over here in the surgeon bucket, not in the imaging bucket. So remember that. Like the, the stuff that you can do just because you’re faster at creating drafts or you’re faster at predicting outcomes or you’re faster at results reporting does not mean that the real value in what you provide in strategy, the creativity, the innovation, the ideas, all of that is what they’re paying for. They’re not paying for the output over here. Chip Griffin: And we need to take ourselves out of the mindset that, that the AI is coming in and so we need to protect what we have. Instead, we should be thinking about how can we elevate, how can we produce more and better results for our clients? How can we be more effective, not just how do we protect our piece of the pie? Keep doing things the way we always have. If you wanna keep doing things the way you always have, yes, you will suffer in this new environment. Absolutely. You absolutely have to grow and adapt and figure out how this helps you. But that’s no different than, as we’ve said before, you know back 30 years ago when we shifted from faxes to emails. Right, right. That made you more efficient in being able to communicate with other people. Yes. You didn’t have to be on the phone. You didn’t have to send a fax. Yes. Or a telegram or any of these kinds of things. And yes, I’m old enough to have received telegrams, so in fact, when I worked on Capitol Hill, we would get a delivery of telegrams on a regular basis. Gini Dietrich: For real? Chip Griffin: For real. For real. It was still a way. In the early 1990s, that was still a way that people communicated with Congress. They would send telegrams to express their opinions. Gini Dietrich: All right. Chip Griffin: You know, I don’t know why, but Gini Dietrich: I hate you. Stop. Please vote differently. Stop. Chip Griffin: I mean, the thing is, today if you, if you mention a telegram, people are like, what is that? They don’t. Gini Dietrich: Right. Right. Chip Griffin: They don’t, they, they, they’ve never even heard of it, you know? Yeah. Fax machine, they can at least maybe kind of halfway visualize. Yeah. I was watching a conversation on TV and there were some young people and, and someone mentioned a modem and, and that was completely beyond anybody. They didn’t have the concept of having to actually dial up to access the internet. Gini Dietrich: Right, right. Chip Griffin: Things like that. But, but I’ll ask before we continue to date ourselves by talking about all of this old technology, we need to think about how to use this new technology in order to improve what we are doing. And it is not simply about, you know, running around and, and telling people what brand of shampoo you use, because that’s how you wanna be transparent to your clients. They may ask you how you’re using AI and you might wanna have a general conversation about it. Gini Dietrich: Absolutely, yes. Chip Griffin: But for God’s sake, you do not need to be sending them an email and saying, by the way, I used AI to proofread this, or I used AI to create the first draft of this. Those are not things, unless there is some specific requirement in your contract, and please do not agree to those. But if there is a specific requirement in the contract or if there’s some special circumstance with the kind of work that’s being done. There’s always the exceptions to the rule, but 99% of you should not feel compelled to do it, and in general shouldn’t do so in detail if asked, because that’s just like telling them what kind of shampoo you use. It just doesn’t matter. Gini Dietrich: Yeah. You know, Sharon Toerek at Legal + Creative has a really good AI toolkit. I can’t remember how much it costs, but for it’s, it’s affordable for agency owners to download it and then understand like, what, and you can pick and choose like. What paragraphs or information you should include in your master standard agreement, what you might wanna include in your statements of work, but it’s, again, it’s not like we use it forever to draft this blog post. It’s really general, like we use AI. We, we use green and yellow information from our clients. We never use critical, confidential, red information ever. You know, it’s general kinds of things that you can insert into those, that documentation to help be transparent that you are using AI, and I think today people are, that’s not a surprise, like everybody’s using it. Right? But not having to, to be really specific about what kind of shampoo you’re using. Chip Griffin: Right. And, and you have to be really careful about this because you have to think about how does this stand up over time? Because you don’t wanna be going and, and having to revise your master services agreement, right? So, so, you know, my general advice as a non-lawyer is that you should put as little as possible to tick the boxes in there. So that you have the flexibility to adjust and adapt and do things differently over time. Because the reality is AI is baked into almost all of the software that we use now. Gini Dietrich: Yep. Yep. Chip Griffin: In one form or another. Yep. Sometimes it’s pretty much just lip service, but a lot of times it’s more substantive. And so, you know, are we now in the business that we’re gonna have to try to disclose every little, you know, we, we use Lightroom to go edit a photo that we’re putting on the website and, and we use it to remove a piece of garbage in the background. Well, that’s technically AI that did that. Do we feel like we need to now go and, and report to the client that we used AI to remove a trash can that was in the background of the environmental portrait that we took, that we’re gonna put on their website? I don’t think so. Gini Dietrich: Right? I don’t think they care. And neither should we. No. And like MuckRack or you know, one of the other media databases, if you use it, there’s AI baked into that. Do you have to say, well, I use a media database and the AI helps me do like that, that’s ridiculous. Should you be transparent about saying you use AI? Of course, but I think to your point, you don’t have to get into the nitty gritty. Chip Griffin: Yeah. I mean, and, and I think that that saying you use AI is fine, but, you know, getting into the nitty gritty is sort of like explaining to a client, whether you’re using a landline or a mobile phone to reach out to reporters. It doesn’t matter. It doesn’t matter. They’re technically different technologies. They, they, the signals get there in very different ways. I could imagine there’s probably some weird client out there who’d rather you didn’t use a cell phone ’cause they don’t want to go on up into the atmosphere and they just want it on the, the hard line, the wires, whatever. It doesn’t matter. So you don’t need to get to that level of detail again. No. You not in, in, in special circumstances, which most of them don’t apply to most of you. Gini Dietrich: Right, right, right, right. Yeah. So I would visit Legal + Creative website and, and look at that AI toolkit. Of course, have a conversation with Sharon if you need something more. Because she’s, she, they work exclusively with, with agencies and are great on that, since you and I are not attorneys. But I do wanna go back to the values based, hourly based, retainer kind of idea that, okay, so if, let’s say for shits and giggles. We, we have a client that’s $5,000 a month, and in the past we would use all of that budget on, you know, executing their webinar, taking the transcript, and creating social assets and blog assets. You know, putting some money behind page to amplify it to get more registrations there. Well, now AI can do most of that, right? Does that mean that we should reduce our retainer or does it mean that there’s probably other things that we could focus on to help that organization’s growth and use the extra retainer for that? Those kinds of things. I think that’s the conversation that you should be having internally and with your clients is, yeah, it’s made us more productive. You know, this list of stuff over here that we haven’t been able to get to because we haven’t had time. Let’s start. Check, check. Checking these off the list. Chip Griffin: I mean, the vast majority of agencies don’t have any shortage of ideas for things that they could Right. Implement with their clients. And, and most clients don’t have any shortage of things that they would like to see their agency do. Right. So, so rather than simply trying to protect what you have and, and doing the bare minimum to fulfill the existing checklist, find ways that you can continue to enhance and improve. And, and I think you mentioned webinars and, and webinars and podcasts are a great example because 10 or 15 years ago, you had to, it took a lot of work and you kind of did the bare minimum to get those things edited, produced, distributed. Nowadays because of AI and, and AI even before, you know, the current AI fad, things like automated transcription that came in mm-hmm. Within the last decade, which now gets classified as AI, didn’t get classified as AI when it was first done. But you know, that’s an argument for another day about how we define things. If you’re able to now produce transcripts, now it’s pretty standard for webinars and podcasts to have a transcript available. Gini Dietrich: Right. Chip Griffin: 15 years ago, you had to pay someone to do it. And so That’s right. It was not the kind of thing that was done routinely and, and now we can produce those kinds of things. We can edit things a lot more easily. The platform that we use for this podcast. It uses AI to do automatic camera switching. For those of you who watch the video, it cleans up the audio so that, you know, we can’t hear all the background noises in our various offices. And, and those are all great things and improve the quality of the product that we’re putting out for you, but also that you can put out for your clients. Focus on those things. Elevate the game. It’s not just about kind of doing the bare minimum. If you do that, absolutely, you’re gonna run into problems, Gini Dietrich: of course, Chip Griffin: but find those other opportunities and say to your clients, you know, here’s something else we can do for you. Here’s a way we can get better results from what we’re already doing. Whether that’s by adding a transcript to it or being faster to get something published, or having the time to go pursue a third webinar or some other brand new idea that you weren’t able to do. That’s how you continue to demonstrate value to your clients, and that’s how you continue to not just protect revenue, but actually grow it. Gini Dietrich: Yeah. And you know, and I’m sure listeners know too, that I’m a big fan of quarterly planning. So instead of doing a big annual plan, you meet with your clients every quarter. You talk about what worked, what didn’t, and what, what things you should focus on for the next quarter. Not only does it help you stay aligned with the business goals more effectively, but it also, in most cases, get, gets you more revenue or more retainer because they’re like, oh, we gotta focus on this. And yeah, they were great results from that. And you’re not having those conversations once a year. You’re having them four times a year. Right. So a big, big fan from that perspective. But I think what that allows you to do from an AI perspective is say, Hey, listen, we’re able to save 25% of our time, and I know this, this, and this, have been on the priority list that have, that keep moving down because of, you know, all these other things. Of these three, what can we bring up to the forefront for the next quarter? And you start to have those conversations where you’re part of the business planning and the business continuity. And the business workflow so that you know, you don’t have the… it happens more effectively and you don’t have to have the, gosh, we’re out of scope, or we overbuilt, we over serviced last year. It’s a, a continuous conversation that happens all between all of you and there’s no conflicts in it, and it’s really strategic and, and clients begin to see you more as, you know, someone they can count on without asking you to reduce your fees because you’re using AI. Chip Griffin: And that ongoing conversation is, is so important. It’s so critical. And one of the things that really bothered me about one of these LinkedIn threads was, was really a very much an an us versus them kind of thing. Yeah. Whether you are on the client side or the agency side, the agencies are looking to protect revenue. The clients are looking to cut costs. Have actual mutual conversations with each other and figure out how you can work together. And I’m not gonna use the word partners because I don’t like that word. Gini Dietrich: I know, I, I avoided it too, because I know you don’t. Chip Griffin: As I have said repeatedly on this show, you are not partners with your clients. You do not share in the risks and rewards. You have similar things. You can be aligned, you can work together. In any case, figure out those ways to work together. If either side of this relationship is viewing it as us versus them. I need to maximize my revenue. I need to maximize my profit, or I need to keep my costs as low as possible. I need to get as much from the agency as possible. That’s not a healthy relationship. No. And that is not gonna lead to the same kind of success where one, where you have regular ongoing conversations and quarterly planning or semi-annual planning, or even annual planning, which a lot of agencies don’t do with their clients ’cause they just charge forward Gini Dietrich: fair Chip Griffin: on autopilot. Yep. And hope that they don’t get noticed and that the revenue keeps coming in the door. So true. I mean, that’s, that’s reality. Yes. I mean, a, a lot of agencies just sort of take that head down attitude because, you know, as, as soon as you poke your head up above the fence line. You know. Yes, there’s the possibility that you can increase the size of your relationship or build or, or strengthen the, the quality of the relationship with your client. But there are also risks involved with that because you’re drawing attention to yourself, and particularly in larger organizations, it can be kind of easy to skate. So sure, I do understand there’s a risk to it, but if you’re having those conversations, you’re more likely to build that strong relationship with more of your clients, which will lead to better results. Even if occasionally putting your head up above the fence line causes a problem. Gini Dietrich: Yeah. And you know when you, when your client is going into meetings with the CFO and they’re saying, we’ve gotta cut X amount of dollars. This agency is a big piece of that. The client stands up for you and stands up for that because they can’t do their job without you. And they know that because of the ongoing relationship and, and that you’ve been building and the ongoing planning that you’ve been doing with them. If you’re just keeping your head down and hoping they don’t notice you year, year after year, it’s gonna be a lot harder for them to stick up for you. Chip Griffin: Absolutely. I mean, and, and I think this is sort of a, a common theme for how I view AI and everything that I do, which is that you’ve gotta have that intersection of the technology from the AI, but the, the human, yes. Not just expertise, but the, the ability to, to engage with other humans. Yes. If you put the best of both of those together, that’s where you will achieve the best results for both sides of the agency client relationship. And ultimately that should be what we’re looking for, right? Right. That if, if you are truly in it to be long-term successful, you want it to work for both sides. And it shouldn’t be one of these things where we’re having constant fights about transparency or pricing or these kinds of things because you know, we’re just looking out for our own self-interests. If you align yourselves well, you will get good things coming to you Gini Dietrich: every time, every single time. So do that Chip Griffin: 99% of the time. Let’s, let’s, let’s admit that, alright, fine. There are times most of the time where you do everything right, everything you know, you, and it just doesn’t work out. Gini Dietrich: Fair. Chip Griffin: That’s life. Gini Dietrich: That’s fair. That is life. Yeah. So I agree Chip Griffin: that’s life. And that’s this podcast Gini Dietrich: 99% of the time. And that’s this podcast. Chip Griffin: So we’ve completed 99% of this podcast with the final 1%. We will sign off. I’m Chip Griffin. Gini Dietrich: I’m Gini Dietrich. Chip Griffin: And it depends.
In this episode, I sat down with @Sharon Toerek from Innovative Agency to talk about the real shifts happening in agency business development — and the constant evolution that comes with them. We unpacked why 2025 is the year agencies need to get honest about their positioning, how trust — not information — has become the key currency, and why specialization isn't just smart, it's essential for survival.⏱️ Timestamps0:00 – Welcome and introduction: why the agency landscape feels confusing in 2025 2:10 – The “trust recession” and why agencies are more anxious than ever 5:00 – Why information is cheap but credibility is expensive 6:30 – Specialization as a core sales lever (not just a niche tactic) 9:45 – The fear that keeps most agencies from focusing 12:00 – What ruins deals when you're not specialized 13:30 – Why the “show, don't tell” principle beats overblown ROI claims 15:00 – Thought leadership as a frictionless entry point 17:30 – How to build thought leadership around your ICP (not your ego) 19:00 – Should the founder always be the face of the content? 21:30 – Balancing new client acquisition with organic growth 23:00 – Dan's “Trust Matrix” for prioritizing outbound calls 24:30 – Systematizing referrals (without being weird about it) 26:00 – The three “food groups” of agency sales 28:00 – Why most agencies over-engineer outbound and underdeliver 29:30 – What's surprised Dan about agency sales in recent years 31:00 – What smart agency owners are doing differently 32:00 – Where AI helps — and where it's just shiny object syndrome 34:00 – Why more agencies will start to look like consultancies soon 35:00 – Where to go to learn more about Dan's model
Sharon Toerek, Owner & Founder of Legal+Creative, joins Jim Flynn and Leslie Castillo to talk about the legal challenges AI presents and how marketers should leverage emerging technology to reshape their efforts. Interested in learning how you can safely and effectively work AI into the mix? Listen to this episode of the IMCA peer2peer podcast from ONEFIRE.
Welcome to episode 127. Thank you for listening in 2024. Looking back at this year, I've been reflecting on the superb guests I've had on the show. I thought I'd select a handful of soundbites from this year's podcast episodes to share with you. This isn't a comprehensive list - there have been so many standout moments - but these clips include tips, advice, or insights that stayed with me. I've shared 10 soundbites that I hope you find as useful or insightful as I did. Stick around until the end to hear a clip from one of the most popular episodes and one that I received the most positive feedback from listeners! You can also read more about each of these guests by visiting this episode's page on my website here: https://www.accountmanagementskills.com/top-10-tips-insights-from-the-podcast-in-2024-with-jenny-plant These episodes are mentioned: 1. Episode 125: Dan Pfister, "How to Win Back Clients for Exceptional ROI" 2. Episode 120 & 121: Carey Evans & Simon Rhind-Tutt, “What Your Client Don't Tell You” 3. Episode 116: Jack Skeels, "Why Agencies Need to Rethink Project Management" 4. Episode 117: Tim Williams, "Why Time-Based Pricing Doesn't Work" 5. Episode 114: Gareth Healey, "Stand Out or Die" 6. Episode 115: Tim Riesterer, “Why selling to client and prospects is different" 7. Episode 109: Michael Farmer, "Why the Agency Business Model Isn't Working" 8. Episode 91: Sharon Toerek, "How Agencies Are Navigating the Legalities of AI Use" 9. Episode 111: Alison Coward, "How a Workshop Culture Builds High-Performing 10. Episode 105: Benjamin Dennehy & Marcus Cauchi, "How to Sell" If you'd like to be kept up to date with who is coming on the podcast, the topics we're covering, receive tips about agency account management or to be notified about trainings I'm doing, you can sign up for my newsletter at my website: https://www.accountmanagementskills.com
On this week's episode of Own It, we're talking to Sharon Toerek from Legal+Creative. It is a firm focused on marketing law, advertising law and intellectual property law for creative people. She and the company are based in Cleveland, Ohio. We talked about the legal side of our business, her journey to ownership and so much more. We are super excited to have her on the podcast. We know you'll learn as much as we did from this episode. Thanks for listening to this episode of OWN IT with Sharon Toerek from Legal+Creative. You can find links to her LinkedIn profile and company website in our show notes at untilyouownit.com. If you're enjoying Own It, please find it on your favorite podcast app and drop us a rating and review. Those help more people discover the show and join our community. Also, if you're a female or non-binary agency owner, or you want to own an agency someday, join our growing community at that same address … untilyouownit.com.
Whether you're a freelancer, consultant, or a full-time employee, you'll deal with contracts that affect content ownership and how you can use what you create. Our guest, IP lawyer Sharon Toerek, highlights the critical elements every content creator needs to consider when drafting contracts, from intellectual property rights to defining deliverables, deadlines, and payment specifics. For those dealing with brand sponsorships, influencer agreements, or creating digital courses, Sharon explains the growing complexities of comparative advertising and the legalities of using memes and other pop culture references in marketing. Website: https://SiteLogic.com Learn SEO: Learn Search Engine Optimization Online (sitelogic.com) See all Coached Digital Marketing Courses: https://learn.sitelogic.com/ Learn more about your ad choices. Visit megaphone.fm/adchoices
The FTC has recently passed regulations against non-compete clauses on a federal level in all work contracts. Starting in the fall of 2024, agencies will have new rules to comply with regarding their employees and independent contractors. This will be a big shake-up for many agency owners, but luckily, Sharon Toerek is always by our side to walk us through any new legal requirements that hit us unexpectedly. In this episode, she covers a lot of ground on how agency owners can comply with the new FTC non-compete rules for both employees and independent contractors. We cover the difference between non-competes and non-solicitation agreements, how agency owners can prepare to announce these changes to their workers, and how we can still legally protect our IP and client relationships. Sharon stresses that the quicker we start working on compliance, the better prepared we'll be for when this goes into effect in a few months. So don't delay — tune in to learn how this affects your agency and how to get ahead on compliance over the summer. A big thank you to our podcast's presenting sponsor, White Label IQ. They're an amazing resource for agencies who want to outsource their design, dev, or PPC work at wholesale prices. Check out their special offer (10 free hours!) for podcast listeners here. What You Will Learn in This Episode: What covenants are still legal under the FTC non-compete ruling? What agency owners need to do to be compliant How these changes will affect your freelancers and independent contractors How to protect yourself if you're selling your business Non-solicitation agreements vs. non-compete clauses Is the US ahead of or behind the times on this? How soon agency owners need to prepare new contracts or to announce the changes to employees Making sure your independent contractors are actually independent contractors The consequences of misclassifying employees as independent contractors
On this episode of Destination on the Left, you'll hear my conversation with Sharon Toerek about the importance of finding your niche and how growth happens once you commit to it. We also discuss how becoming a thought leader in your niche leads to new relationships and opportunities. While this interview centers around building a marketing agency, I'm sure you'll find value in the insights we share in our discussion. What You Will Learn in This Episode: Why having a clear vision is crucial for agency leaders and how it helps in making decisions and evaluating opportunities What the accidental birth of the Destination on the Left podcast allowed me to achieve, and how it became a lifeline for global listeners during the pandemic How I diversified my client base and funding sources to grow the business How the DOTL podcast allows me to develop a reputation as a thought leader in the travel and tourism industry How I manage content creation with limited bandwidth as the owner of an agency and the time commitment involved in scaling my business Vision-Driven Decision Making On the podcast I share why it was so important to have a clear vision for the future of Tap Into Travel to support economic growth and prosperity within the communities we serve. We discussed why having that well-defined vision allows agencies to align their strategies with their long-term goals and adapt to ever-changing market dynamics. Our conversation explores the importance of diversifying client bases and funding sources to avoid dependency on a single mechanism. I share how my participation in an economic gardening program through a local economic development organization allowed us to expand into new markets in the northeast. Building a Media Ecosystem I detail my vision of integrating three existing brands – the podcast brand (Destination on the Left), the agency brand (Break the Ice Media), and TAP allows us to realize the concept of building a robust media ecosystem. We discuss why an interconnected approach to content creation and thought leadership allows agencies to maximize their reach and impact across various platforms and engage diverse audiences. Thought Leadership Impact on Business Confidence Sharon and I also discuss the challenge of calculating the direct return on investment (ROI) of thought leadership, but we ultimately understand the significant impact it had on both our agencies' confidence and billing rates. I loved digging into all of these fascinating topics with Sharon, and I know you'll find our insights into the power of strategic vision, adaptability, and the ever-evolving nature of thought leadership in shaping the success and relevance of agencies in today's dynamic market landscape helpful. Resources: Tap Into Travel: https://www.tapintotravel.com/ Research: Collaboration in the Travel, Tourism, & Hospitality Industry: https://breaktheicemedia.com/collaboration/ We value your thoughts and feedback and would love to hear from you. Leave us a review on your favorite streaming platform to let us know what you want to hear more of. Here is a quick tutorial on how to leave us a rating and review on iTunes!
I am thrilled to welcome our guest expert, Sharon Toerek, back to this episode of Sell With Authority. It's her fourth time appearing on the show with us, but for those who are meeting her for the first time, she's the Founder of Toerek Law and the host of the podcast “The Innovative Agency”. Sharon is also Predictive's wicked smart intellectual property attorney and has reviewed and advised us with our client agreements and created our buy-sell and partnership agreements. She has been helping professionals in the advertising, marketing, and creative services industries protect and monetize their intellectual capital, and manage the legal implications of their marketing and advertising work. Many of us have faced the dilemma of wanting to have certain crucial conversations with our clients — but not knowing how to approach them without causing friction or damage to the relationship. On this episode, Sharon and I focus our discussion on how to ensure you get paid by having the right conversations with your clients at the right times. And — we discuss how to start relationships with clients on the right foot from the very beginning. Ensure that you and your agency get paid for your hard work. Sharon's expertise provides the tools and confidence to have these essential conversations with your clients. A big dose of gratitude to our presenting sponsor for the podcast, Conduit Digital. By using their expertise in streamlining, upgrading & scaling your clients…they promise to reduce your risk so you can become the best digital agency in your market in 30-days. You can find Conduit and all their helpful insights and smarts here. What you will learn in this episode: Smart ways to set up payment terms with clients so we're aligned right from the start Crucial elements of an effective payment agreement Strategies for setting assertive negotiation tones with clients to establish professionalism and confidence Steps to address payment delays Pros and cons of different payment structures How to attend Sharon's next virtual free Q&A session Resources: Website: legalandcreative.com LinkedIn: https://www.linkedin.com/in/sharontoerek/ Twitter: https://twitter.com/SharonToerek The Innovative Agency Podcast Get Your Money – Legal Strategies that Get Agencies Paid Q&A Episode 52 of Sell With Authority: How to Protect Intellectual Property, with Sharon Toerek Episode 59 of Sell With Authority: AI Copyright Law, with Sharon Toerek Episode 99 of Sell With Authority: Building Profitable Agency-to-Agency Alliances, with Sharon Toerek Additional Resources: Website: www.predictiveroi.com Visit our newly expanded Resource Library Join us in our free How to Fill Your Sales Pipeline Facebook Group
Sharon Toerek is the Owner and Founder of Toerek Law, where she dedicates her practice to advising independent marketing and creative services agencies on protecting and monetizing their intellectual capital. A marketing law attorney with extensive experience in copyright, trademark, and content protection, Sharon offers strategic counsel on licensing, brand protection, social media, and advertising compliance. She is a sought-after speaker at top industry events, including INBOUND, Content Marketing World, and MAGNET Global Agency Network, empowering professionals to recognize legal risks and uphold their rights. Recognized for her contributions, Sharon was inducted into The American Advertising Federation (AAF) Cleveland Hall of Fame in 2019, cementing her legacy as a trailblazer in legal advocacy and community leadership. In this episode… The rise of AI-generated content has sparked numerous legal and ethical concerns, prompting industry leaders to advocate for a nuanced understanding of ownership, liability, and legal implications. Although AI streamlines processes and enhances content quality, how can marketing and advertising agencies ensure brand protection? With years of experience in intellectual property protection, Sharon Toerek has witnessed firsthand the challenges of recognizing legal issues and safeguarding creative assets. She underscores the need for agencies to grasp the legal landscape surrounding AI implementation, emphasizing its gradual evolution and the importance of regulations to safeguard brands. One of the central concerns revolves around determining ownership and copyright protection for AI-generated content. As agencies navigate this complex terrain, recognizing and appraising intellectual property, combined with a vast knowledge of industry dynamics, emerge as vital pillars for fostering growth, innovation, and legal compliance within the ever-evolving landscape of AI-driven creativity. In this episode of the Growth Fire Podcast, Kevin Hourigan welcomes Sharon Toerek, the Owner and Founder of Toerek Law, to discuss AI-generated content ownership, liability, and legal implications. Sharon provides insights into copyright protection for AI-generated content, highlights the importance of human oversight in AI, and explores the potential for agencies to monetize their intellectual property.
If you use AI to generate content, but that content plagiarizes someone else's work - can you be held liable? We answer that question and more with intellectual property attorney, Sharon Toerek. As AI technology evolves at breakneck speed, so do the complexities around the ownership of AI-generated content. We cover the difference between copyright and registered copyrights, and the rights of content creators and their works. Sharon outlines the implications of using AI tools in our creative endeavors. How much can you rely on AI if you plan on protecting your work? Also, can you trust AI not to plagiarize from other protected works? Don't miss Sharon's valuable framework for ensuring your intellectual property is protected. Plus, we'll tackle how international copyright enforcement poses challenges for creators and why social media sharing isn't as straightforward as it seems. So grab your coffee and join us as we dissect the legal intricacies that could save you time and money, and learn why human judgment is irreplaceable in our ever-advancing digital world. All this and more on this episode of the Endless Coffee Cup. Learn Digital Marketing with our personalized, coached courses: https://learn.sitelogic.com/ Meet Matt Bailey: https://www.sitelogicmarketing.com/about/ Learn more about your ad choices. Visit megaphone.fm/adchoices
I am thrilled to welcome our guest expert, Sharon Toerek, back to this episode of Sell With Authority. It's her third time appearing on the show with us, but for those who are meeting her for the first time, she's the Founder of Toerek Law and the host of the podcast “The Innovative Agency”. Sharon is also Predictive's wicked smart intellectual property attorney and has reviewed and advised us with our client agreements and created our buy-sell and partnership agreements. She has been helping professionals in the advertising, marketing, and creative services industries protect and monetize their intellectual capital, and manage the legal implications of their marketing and advertising work. On this episode, Sharon and I focus our discussion on agency-to-agency collaborations. We delve into how to manage risk — and the key documents to have in place when agencies go down the collaboration route to save time, stress, and money. In our conversation, we go through the steps agencies should take before diving into an agency-to-agency strategic alliance. Sharon emphasizes the importance of creating agreements for each stage of the collaboration between agencies. We also discuss her recommendations on an ideal timeline to establish such contracts so agencies don't put the cart before the horse. Applying what Sharon gives you during this episode will help you grow your agency in 2024 — and — protect your shop along the way. What you will learn in this episode: Defining what is a strategic alliance and understanding its three kinds Establishing the similarities and differences between agreements between contractors or freelancers and agreements between agencies Understanding the ins and outs of white-labeling, especially when dealing with licenses Steps to take from a contract perspective before diving into a strategic alliance The importance of an umbrella document for every referral an agency receives The ideal timeline for drafting agreements Resources: Website: legalandcreative.com LinkedIn: https://www.linkedin.com/in/sharontoerek/ Twitter: https://twitter.com/SharonToerek The Innovative Agency Podcast Yours, Mine and Ours: Legal Considerations in Agency-to-Agency Strategic Alliances Q&A Session Episode 52 of Sell With Authority: How to Protect Intellectual Property, with Sharon Toerek Episode 59 of Sell With Authority: AI Copyright Law, with Sharon Toerek Additional Resources: Website: www.predictiveroi.com Visit our newly expanded Resource Library Join us in our free How to Fill Your Sales Pipeline Facebook Group
Sharon Toerek is Founder of Toerek Law, where she leads her national law practice on helping advertising, marketing and creative services professionals protect and monetize their intellectual capital and manage the legal implications of their marketing and advertising work. Sharon provides proactive, strategic counsel to communications, marketing, advertising and creative agencies on legal and business issues they face continually in their work, including: -agency-client relationships, including agency service contracts -agency-freelancer relationship management -trademark and brand protection matters -influence marketing, social media and content marketing legal compliance -copyright protection, licensing and transfer of creative content -advertising law Sharon is an approved participant on the 4A's Legal Consultants Panel, and a Past President of the American Ad Federation (AAF) Cleveland. Sharon is also the Publisher of the marketing industry legal blog Legal + Creative. Sharon created the Legal + Creative Agency Protection System, a comprehensive legal education resource and toolkit for marketing, ad and creative services agencies. She is also the creator and host of The Innovative Agency, a podcast about innovation and trends in the marketing agency world. What you will learn in this episode: Why you need professional legal (and accounting) support so you can put your full focus on running a good service business What you can learn about a potential client during the negotiation process The 3Ds – creating a strong statement of work around your Dollars, Deadlines, and Deliverables How to approach the topic of AI in your contracts and discussions Why clarity at the beginning of a relationship is so vital to success Resources: Website: legalandcreative.com LinkedIn: https://www.linkedin.com/in/sharontoerek/ Twitter: https://twitter.com/SharonToerek The Innovative Agency Podcast www.agencylegalprotection.com kayla@legalandcreative.com sharon@legalandcreative.com
Grab your earbuds and settle in for a conversation with Sharon Toerek, an expert in intellectual property and marketing law. She talks about legal and compliance issues with emerging technologies, with a special focus on generative AI. Host Tessa Burg joins Sharon to discuss how AI is reshaping the services agencies can offer. Together, they explore how to set up the right policies, use AI responsibly, and have transparent conversations with clients to manage risks. While legal topics might not usually grab your attention, Sharon makes them interesting while delivering important information for anyone in the marketing field. Visit the AI + Your Agency Resource Center for helpful downloads from Legal+Creative. Leader Generation is hosted by Tessa Burg and brought to you by Mod Op. About Sharon Toerek: Sharon Toerek is the Owner & Founder of Legal+Creative | Toerek Law. She's an intellectual property and marketing law attorney who devotes her legal practice to clients in the advertising, marketing, and creative services industries. Sharon helps clients protect, enforce, and monetize their creative assets and manage the legal implications of their marketing and advertising work. Sharon also writes and lectures frequently on the legal issues marketers face every day, such as intellectual property protection, social media marketing compliance, and more. About Tessa Burg: Tessa is the Chief Technology Officer at Mod Op and Host of the Leader Generation podcast. She has led both technology and marketing teams for 15+ years. Tessa initiated and now leads Mod Op's AI/ML Pilot Team, AI Council and Innovation Pipeline. She started her career in IT and development before following her love for data and strategy into digital marketing. Tessa has held roles on both the consulting and client sides of the business for domestic and international brands, including American Greetings, Amazon, Nestlé, Anlene, Moen and many more. Tessa can be reached on LinkedIn or at Tessa.Burg@ModOp.com.
Welcome to Episode 91. This episode is for you if you're interested in how the AI landscape is changing for agencies and what you need to know from a legal perspective about your use of AI. I chatted with Sharon Toerek, Founder and Owner of Legal + Creative| Toerek Law. The topics that we covered include: - the ownership of the outputs - potential protection of your inputs - designing policies and contracts, including clauses that will cover your freelancers and relationships with contractors, and not to mention your strategic partnerships with other agencies. - future developments and what's foreseen to happen, as well as the current US legal environment. So lots and lots of different topics that we're going to cover today. We will include all of her details in the show notes on my website here: https://www.accountmanagementskills.com/podcast We also ran an AI for Account Managers webinar recently together with Roy Murphy and the recording has been asked for several times. If you don't want to miss out on any future mini trainings we're doing in this area, then please sign up for my newsletter via https://www. accountmanagementskills.com and we'll make sure that you get notified of future podcast episodes and any mini trainings.
AI-generated content is rapidly finding its way into professional spaces and changing the way we work forever. This fact is especially important for creative agencies that are quickly realizing there could be legal implications for using AI to create work proposals, creative IPs, legal documents, and more. And like most legal questions, the answer to “Can I use AI to generate work for clients?” is, “It depends.” We're in such a gray area with AI right now that the legal system hasn't had a chance to catch up to technological advances. So how do agencies protect themselves, their workers, clients, and their IP when everything is so up in the air right now? Sharon Toerek has some common sense advice for approaching AI in the workplace to avoid a potential legal nightmare. In this episode, we'll cover human-generated vs. AI-generated content, the gray areas we need to look out for when using AI, how to protect client and agency copyrights, how to avoid infringing other copyrighted content, and so much more. AI-generated content is an incredibly important and ever-changing topic. And if you're an agency owner, this needs to be addressed in your agency today. A big thank you to our podcast's presenting sponsor, White Label IQ. They're an amazing resource for agencies who want to outsource their design, dev, or PPC work at wholesale prices. Check out their special offer (10 free hours!) for podcast listeners here. What You Will Learn in This Episode: The top 3 questions lawyers are receiving about AI Having conversations with clients about the use of AI-generated content The gray area between AI-generated and human-generated content The ownability of AI-generated output Creating documentation about implementing AI tools in a typical workflow Including AI prompt strategies in trade secrets documentation Can we protect the data we're inputting into the collective that is AI? Addressing the use of AI in SOWs Should we use AI tools to create legal documents?
“I love having the opportunity to help an agency owner see how much easier their lives can be, how much bigger their bank accounts can be, if they put a little time and attention into being proactive about putting measures in place, such as making sure their teams are well trained about the legal issues that matter to them and the work that they put out every day.” -Sharon Toerek The finer details of this episode:Benefits of proactive contract management for agency ownersExploring Common mistakes in agency legal contractsThe benefits of working with a lawyer who understands your business and industry Episode resources:Summit CPA website – summitcpa.netEmail us with questions – vcfo@summitcpa.netLegal + Creative (legalandcreative.com)
In this week's episode of Hands-Off CEO, Sharon Toerek discusses how to streamline legal decision-making in your business. She joins host Mandi Ellefson to share insights on setting up systems for making informed legal choices and delve into the importance of master service agreements and key components of a legal service agreement. You will also learn practical tips specifically for agencies and gain a deeper understanding of how to separate CEO involvement in day-to-day operations. Sharon Toerek is a marketing law and IP lawyer serving agencies through her company Legal + Creative | Toerek Law. She is also the host of the Innovative Agency Podcast. She is a former President of AAF Cleveland and serves on the American Association of Advertising Agencies (4A) Legal Consultant panel. With expertise in IP protection, marketing agency relationships, and social media laws, Sharon writes and lectures on these topics in the advertising industry. Key Ideas: “We spend a lot of time helping agencies understand and plan for the fact that the intellectual property they create is not only a bargaining chip in the agency-client contract negotiation, but you're also creating assets for yourself,” Sharon tells Mandi. Agencies need to protect their intellectual property as assets for future monetization and efficiency. [4:50] The biggest mistake in contract negotiation is not treating it as part of the client experience and not planning for it. Focusing on the "3 Ds" (dollars, deliverables, deadlines) is easy, but you can miss important details in the Master Service Agreement. Contracting with clients requires thoughtfulness; it can be streamlined with good upfront processes and systems. [5:42] Essential elements to be included in Master Service Agreement: Term and termination Intellectual property language, IP ownership and transfer, ensuring work rights are assigned only after payment Reserving IP right for agency, carve out of IP language and proprietary information Liability and indemnification, capping party's liability based on revenue Exclusivity and restrictive covenants, non-solicitation of each other's talent [10:25] Mandi remarks that agencies struggle to use case studies as they are not allowed to share the results of their work with clients. This creates a lack of feedback loop which is crucial in improving their work. As such, she believes that you should not even consider working with clients who won't allow your agency to use their case studies as reference. [14:21] As agencies grow, they will need to rely on freelancers, contractors, and partners to service their clients. This requires having well-drafted agreements in place to solidify these relationships and protect all parties. Agencies should be systematic about training their team on their legal infrastructure and Master Service Agreement to avoid conflicts with clients. [17:45] KEY QUOTE: “It's inevitable that your business is going to expand more quickly than your internal team does. So, inevitably, you're going to need freelancers, contractors, strategic partners to help you service particular projects or clients. You need to be thinking about the documents and agreements that will solidify those relationships and protect all the parties, not only because you want to protect the agency, but because if you've made a promise to the client in your contract with them, it really needs to be reflected in your agreement with these other parties.” - Sharon Toerek Resources Sharon Toerek on LinkedIn | Twitter | Email Legal + Creative
QUICK LINKS:• The Agency Profitability Toolkit - Get the templates, formulas, and frameworks we've used with our consulting clients to help them double their profitability in under 60 days, absolutely free• For more information on our Agency Profitability Systems and Consulting, check out parakeeto.com• Love the podcast? Leave us a review on the platform of your choice at this link• Want to see/read more about this episode? Then do make your way to parakeeto.com/blogGUEST LINKS:Jhana's LinkedIn linkedin.com/in/jhana-li/Jhana's Instagram instagram.com/thejhanali/Spyglass Ops spyglassops.com/support@spyglassops.comABOUT: JHANA LIJhana Li has over 4 years experience specializing in operations for digital startups. At the start of her career, she served as COO for two 7-figure businesses (an agency, followed by a coaching program for marketing agencies). Since then, she's become an operations consultant to dozens of agencies, plus Ops Coach to hundreds more!
Summary Laurie Mikes, chief operating officer of Second Wind, an advocacy and resource organization for small- and mid-sized agencies, joins the discussion on attracting, retaining and developing talent post-pandemic. Set your agency up for success by honing in on your greatest asset — your people. Intro As an agency owner, your people are your greatest asset. But challenges around staffing are keeping many leaders up at night. For this episode of the Innovative Agency, we're diving into what you can do to attract, retain and develop talent in order to put your business on the right path. What You Will Learn in This Episode The silver lining of lean agency teams How to find balance in salary disparity between new hires and legacy employees How to structure job growth and advancement Why transparency is key for agency owners How to think about remote working options to retain employees Where agencies are having success finding candidates Bio Laurie Mikes has been with Second Wind since 1996 and currently acts as Chief Operating Officer. She oversees the daily operations of the business while keeping one finger on the pulse of the industry. Laurie is deeply involved with member agencies, emailing and speaking with them on a regular basis. Whether it's providing guidance about financial matters, agency growth or operations, her years of experience bring valuable insight and perspective to agencies looking to build a successful sustainable business. When not at work, Laurie can be found enjoying outdoor activities with her two sons, volunteering her time at school and renovating old properties around town with her husband. Resources Website: https://www.secondwindonline.com/ LinkedIn:https://www.linkedin.com/in/laurie-mikes-9366111/ https://www.linkedin.com/company/second-wind/ Facebook:https://www.facebook.com/secondwindonline
Summary Manish Dudharejia, founder and CEO of E2M Solutions, joins the discussion to lay the groundwork on what a successful white label partnership looks like, including the importance ethics plays in client relationships. Set yourself up for success in 2023 business-wise and with a white label partner. Intro We've been focusing a lot on collaboration lately, and in this episode of the Innovative Agency, we're discussing how to have a successful white label partnership. As we look ahead to 2023, investing in this type of relationship can make all the difference in setting yourself up for success in the New Year and beyond. What You Will Learn in This Episode What ethics mean in the marketing world and why it matters Why focusing on niching can leave room for more lucrative opportunities Quick tips for agency leaders who want more successful white label partnerships Why the No. 1 challenge agencies have is a margin problem What agency owners can do to set themselves up for success in 2023 Bio Manish Dudharejia is wizard of E2M. He has over 15 years of experience in digital agency space, working closely with lots of different people associated with technology, entrepreneurship, and digital marketing. E2M helps digital agencies solve bandwidth problems with their strategic white label services. They have a team of over 150+ vetted experts in WordPress, Shopify, BigCommerce, SEO, copywriting and more. E2M is currently helping over 150 agencies across the US and other parts of the world grow and scale their agency businesses with piece of mind. Manish is responsible for their overall company operations, sustainable strategic growth, team mentoring and retention, and so much more. Resources Website: https://www.e2msolutions.com/ LinkedIn:https://www.linkedin.com/company/e2m-solutions/ https://www.linkedin.com/in/manishdudharejia/ Facebook: https://www.facebook.com/E2MSolutions Twitter: https://twitter.com/e2msolutions Instagram: https://www.instagram.com/e2msolutions/
QUICK LINKS:• The Agency Profitability Toolkit - Get the templates, formulas, and frameworks we've used with our consulting clients to help them double their profitability in under 60 days, absolutely free• For more information on our Agency Profitability Systems and Consulting, check out parakeeto.com• Love the podcast? Leave us a review on the platform of your choice at this link• Want to see/read more about this episode? Then do make your way to parakeeto.com/blogGUEST LINKS:Sharon's LinkedIn linkedin.com/in/sharontoerekSharon's Twitter twitter.com/SharonToerekLegal + Creative legalandcreative.comInnovative Agency Podcast legalandcreative.com/the-innovative-agencyABOUT: SHARON TOEREKSharon Toerek is a marketing law and intellectual property lawyer dedicated to serving agencies. She's also the host of the Innovative Agency Podcast. A former President of the American Ad Federation (AAF) Cleveland, she serves on the American Association of Advertising Agencies (4A's) Legal Consultant panel.
Summary Ryan Watson, a partner at Upsourced Accounting, joins the discussion to highlight how financial forecasting before a crisis can actually help you avoid one. Understanding which metrics are important – and which ones are distracting – can help agency owners avoid the overwhelm and achieve forward momentum and progress. Intro In this episode of the Innovative Agency, we are looking ahead to 2023. If you're like most agency owners, you have probably been planning for the new year and thinking a lot about metrics, numbers, money, and how to improve your profitability. As talks about a possible recession heat up, many have been wondering how they can prepare for tomorrow, today. What You Will Learn in This Episode How forecasting, strategic planning, and KPI reviews can help you plan for the next 1, 3, or 5 years Why being financially responsible every day will set you up for success regardless of the economy The challenges many agency owners face when getting their finances in order What the “Million-Dollar Moment” is, and how that shifts an agency's mindset around finances The “Hierarchy of Needs,” and the questions you should be asking to assess the financial health of your agency How to overcome overwhelm by focusing on the metrics that are relevant and deciding which ones are distracting Bio Ryan Watson is an experienced operations and finance leader for creative agencies and venture-funded startups. By day, he is a partner at Upsourced. Ryan helps scaling creative agencies see the future and drive profits. By night, he runs a tech startup and helps other startup founders avoid some of the mistakes he made in his career. Previously, Ryan served as COO and CFO of Ahalogy, a venture funded influencer marketing agency, which exited to Quotient Technology, Inc (NYSE: QUOT) in June 2018. Prior to Ahalogy, he cut his teeth at Sqrl - a SaaS product incubated out of Upsourced that automated document collection for service firms. Sqrl received an Entrepreneur of the Year EDGE Award from Ernst & Young and 'Outstanding Emerging Innovation' honors from the Cincinnati Business Courier. Resources Websites:https://ryankwatson.com/ https://upsourcedaccounting.com/ LinkedIn:https://www.linkedin.com/in/ryankeithwatson/ https://www.linkedin.com/company/upsourced-accounting/ Facebook: https://www.facebook.com/upsourcedaccounting/ Twitter: https://twitter.com/Upsourced?s=20&t=x1hKhOkI_oA2Z3Lhsyc_Bg Recession diagnostic:https://upsourced.typeform.com/to/DhjP6oh8 Recession Guide: https://hubs.ly/Q01rFvjq0
Summary Logan Lyles joins us to discuss marketing agency profitability — how it is achieved and how it is best maintained and nurtured. His insights will help you ensure that your team isn't over or underutilized, which will allow you to maximize profit without resulting in churn. Intro Agency owners and their employees are notorious for working hard. But, how many are paying close attention to where their working hours are being spent and how those efforts affect overall profitability? Today's guest, Logan Lyles, provides insight into the methods agencies can use to implement time-tracking strategies that illuminate vulnerabilities and new profit opportunities. What You Will Learn in This Episode How to implement a time-tracking strategy that your team doesn't hate. The value of viewing your billable hours as “shelf inventory.” The importance of recognizing how you are billing and what can be done better. How to eliminate scope creep using time tracking. How to prepare clients for pricing changes by setting up trigger points in their contracts. Bio Logan Lyles is the Head of Partnerships at Teamwork, a project management platform built for scaling client work. Logan previously served in several leadership roles at Sweet Fish, a B2B podcast agency serving mid-market SaaS companies. Taking over sales from the agency founder in 2018, Logan helped triple the business in his first 6 months. He also played a key role in landing the agency on the Inc 5,000 List (twice), while helping the company both 10x headcount & increase ARR by 1,283%. Logan works from his home office (that's slowly becoming a mini video studio) alongside his labradoodle, Mack, in Castle Rock, CO. Resources LinkedIn:https://www.linkedin.com/in/loganlyles https://www.linkedin.com/company/teamwork-com Facebook:https://www.facebook.com/TeamworkHQ Twitter:https://twitter.com/teamwork
Intro The most valuable thing you have within your agency's inventory is the intellectual property you create. With the right strategy — your team could turn your IP into a standalone revenue stream(s). Agencies are creators — and because of that — agencies are IP generators every single day. In my opinion, agencies often overlook this because their business model tends to focus on monetizing the production — doing the stuff. But — I believe agencies can flip that script because the ideas and the way they get expressed in the strategies you develop for clients, the brands and campaigns you build — or whatever it might be — that's where the real money could be for the agency. If you're looking for new ways to think about profitable revenue streams for your agency in 2023 and beyond — then this is the episode you don't want to miss. I break down what I call the “IP Triangle” so you can take and apply all the steps to make going from IP to Income in 2023 possible. What you will learn in this episode: Why more than 50 percent of all agencies overlook the value and potential revenue streams their IP could represent How to use the “IP Triangle” to inventory the intellectual property that you most likely already have inside your agency How to harness all of the “gold dust” that's being scattered around every day within the walls of your agency and turn it into a highly profitable revenue stream How to protect your portfolio of trademarks, taglines, product and system names, etc How the value of your IP directly impacts the valuation of your agency Bio Sharon Toerek is Principal of Toerek Law, where she focuses her law practice on helping professionals in the advertising, marketing, and creative industries monetize their intellectual capital and manage the legal risks of their work. Sharon provides proactive, strategic counsel to marketing agencies on legal issues they continually face in their work, including agency-brand contracts, social media, content marketing legal compliance, and trademark and copyright protection. Sharon also created the Legal + Creative Agency Protection System, a subscription-based legal toolkit for marketing agencies. In 2018, Sharon launched The Innovative Agency, a podcast on innovation for marketing agency leaders. Resources: Website:https://www.legalandcreative.com/ LinkedIn: https://www.linkedin.com/in/sharontoerek/ Twitter:https://twitter.com/SharonToerek
Intro This episode covers a few ways an agency can branch out, capitalizing on techniques they've perfected through conducting business, after the point at which they achieve self-sufficiency. David Riggs joins us to discuss how he led a web development and SEO agency to success and wrote his company's playbooks. He also speaks about how he now monetizes those core concepts to help other agencies reach the point of self-sufficiency, all while growing his own agency. What you will learn in this episode: How to document your agency's processes and operations. How to invest in newer companies and teach them how to succeed – and how to pick the right ones. The concept of trading playbooks – not money – for minority shares in a company. The 80/20 rule: finding the 20% that gets things moving for a new company; the other 80% will come with time. How problem-solving skills can be valuable for someone trying to break into this business model. Bio David Riggs, founder of Pneuma, a full-service web and SEO company, has been running businesses since he was seven years old. Where most kids dip their toes in lemonade sales, David did things a bit differently. He caught the “leadership bug” early on and never quit. He structured his first “venture debt deal” when he asked his grandmother to loan him ten dollars for ten percent of his earnings. A few years later, while living next to a golf course, David gathered all of the errant balls that landed in his backyard and sold them at a yard sale. He then started flipping sneakers (think Jordans and other in-demand brands) for profit. David graduated at the height of the pandemic in May 2020 and took a remote job that allowed him to continue working on Pneuma. David says, “I hired a co-founder to help run things while I closed deals on lunch breaks.” Many mornings, he would appear on podcasts before starting his day job. He spent a lot of his time “focusing on how to get the momentum rolling.” Eventually, he switched to Pneuma full-time and was joined by a CMO and CTO Resources: Website: https://www.pneumallc.co/ pneumallc.co/get-a-free-assessment LinkedIn: https://www.linkedin.com/in/dwilliamriggs/ https://www.linkedin.com/company/pneumamedia/ Twitter: https://twitter.com/dwilliamriggs
In this episode of the Thoughtful Entrepreneur, your host Josh Elledge speaks with the Principal Owner of https://www.legalandcreative.com/ (Legal and Creative and Toerek Law), https://www.linkedin.com/in/sharontoerek/ (Sharon Toerek). Legal and Creative work with independent marketing agencies and digital marketing across the US. They help business owners monetize their intellectual capital and advertise and manage its legal implications. Sharon shared examples of rules or laws that people don't take seriously in the business focused issue and peer IP-focused issue perspective. She further explains when marketing agencies would need to consult a legal agency. According to her, agencies' intellectual property is their most significant asset, and how they leverage it is completely up to them. Key points from this episode: Laws that aren't being taken seriously enough How would businesses know if they need legal recourse? Leveling the playfield between the client and agency with legal recourse The importance of confidentiality Are electronically signed documents and contracts worth a dime? Legal and Creative can help you with 3 things: Intellectual property, protection, registration, and other IP issues in marketing. Business transactions require solid documentation and a legal tool kit to protect businesses. Help businesses be compliant in the evolving regulatory landscape in marketing. About Sharon Toerek: Sharon Toerek is Principal of Toerek Law, where she focuses her law practice on helping professionals in the advertising, marketing, and creative industries monetize their intellectual capital, and manage the legal risks of their work. Sharon provides proactive, strategic counsel to marketing agencies on legal issues they face continually in their work, including agency-brand contracts, social media, content marketing legal compliance, and trademark and copyright protection. Sharon also created the Legal + Creative Agency Protection System, a subscription-based legal toolkit for marketing agencies. About Legal and Creative: Legal + Creative is a service that helps professionals in marketing, advertising, and communications protect their creative assets and generate revenue from those assets. This section contains articles discussing the legal difficulties encountered daily by marketers. Some examples of these difficulties include intellectual property rights, compliance with social media and content marketing, and the interactions between agencies, their clients, and freelancers. They protect, enforce, and monetize intellectual capital for advertising, marketing, and design professionals, as well as manage the legal ramifications of their work. Legal Creative caters to customers' needs in the advertising, marketing, and creative services industries, and she offers proactive, strategic advice on legal difficulties that firms confront. Links Mentioned in this Episode: Want to learn more? Check out the Legal and Creative website at https://www.legalandcreative.com/ (https://www.legalandcreative.com/) Check out Legal and Creative on LinkedIn at https://www.linkedin.com/company/legal-creative/ (https://www.linkedin.com/company/legal-creative/) Check out Sharon Toerek on LinkedIn at https://www.linkedin.com/in/sharontoerek/ (https://www.linkedin.com/in/sharontoerek/) Check out Sharon Toerek on Twitter at https://twitter.com/SharonToerek (https://twitter.com/SharonToerek) Don't forget to subscribe to The Thoughtful Entrepreneur and thank you for listening. Tune in next time! More from UpMyInfluence: Tickets for the FIRST Annual Fame and Profit Summit 2022 are on sale now! https://fameandprofit.com/tickets (Check it out HERE!) ️ We are actively booking guests for our The Thoughtful Entrepreneur.https://upmyinfluence.com/guest ( Schedule HERE). Are you a 6-figure consultant? I've got high-level intros for...
Bio Simon Severino helps business owners in SaaS and Services run their company more effectively which results in sales that soar. Trusted by Google, Roche, Consilience Ventures, Amgen, and AbbVie, he created the Strategy Sprints™ Method that doubles revenue in 90 days by getting owners out of the weeds. Simon is a TEDx speaker, Contributor to Forbes and Entrepreneur Magazine, and member of the SVBS Silicon Valley Blockchain Society. Intro This episode explores why agencies get stuck and what they can do to breathe new life into their operations. Our guest, Simon Severino, offers a unique solution that hinges on paring service offerings down to the bare minimum. His consulting business has proven that once you've got your offering down to one service, it will be much easier to scale efficiently and effectively. What you will learn in this episode: The benefits of limiting your scope to a single service offering. How to standardize core processes. The value of showing clients that your offering actually works. How to avoid scope creep leaving your team unsatisfied with their work. A method to find out what the margin is on your current offering. Resources: Website:https://www.strategysprints.com/ LinkedIn: Personal: https://www.linkedin.com/in/simonseverino/ Business: https://www.linkedin.com/company/strategysprints/ Facebook:https://www.facebook.com/strategysprints/ Twitter:https://twitter.com/strategysprints Youtube:https://www.youtube.com/channel/UCnSFgJd0CrsEdQdO21txR2A Podcast:https://podcasts.apple.com/us/podcast/strategy-sprints/id1299008831 Book:https://www.amazon.com/Strategy-Sprints-Accelerate-Growth-Business/dp/139860349X
Intro In this episode of the show, we discuss the ways agencies can better serve their clients' needs through outsourcing and white labeling their production work. And in the process, how they can add revenue streams by monetizing their agency's intellectual property. Brian Gerstner, president of White Label IQ, tells us how his agency did it, and also discusses its business model and its philosophies when it comes to identifying a niche and capitalizing on it to provide value to a specific group of customers – and how to determine what that group is. What you will learn in this episode: How to value your intellectual property as an agency. How to learn how your agency can provide value to a niche. Agencies who know what they're good at – what their wheelhouse is – are the ones who succeed in white labeling. Success tips for agencies working with white label partners. Why agency-to-agency collaboration and teamwork are so important in white labeling. Bio Brian Gerstner is the President of White Label IQ. He has over two decades of client-facing and agency-to-agency experience creating, directing, and leading teams to develop digital and software solutions to empower sales, communication, and digital operations. In his role with White Label IQ, he works with over 50 agencies providing white-labeled specialized skill sets for design, development, and paid media services. Resources: Website: https://www.whitelabeliq.com/ LinkedIn: https://www.linkedin.com/company/white-label-iq/ Facebook: https://www.facebook.com/WhiteLabelIQ/ Twitter: https://twitter.com/whitelabel_iq?lang=en
Intro Consumers increasingly want to align with businesses that clearly align their marketing with their corporate purpose. Lyn Wineman, president and chief strategist at KidGlov, specializes in helping agencies define and effectively market via their purpose. She believes that your employees are your number one audience for launching your purpose statement; and once you do, they'll be the ones to help you live that purpose. What you will learn in this episode: How to define your purpose as an agency. Why businesses across the board are wanting to do something different, and how they live their purpose. How to use your purpose to stand out and set yourself apart. Why it's hard to recover as a business once you've lost your customers' trust. How purpose-driven marketing allows smaller entrepreneurial companies to compete with larger enterprises. How to leverage your B Corp certification into a marketing tool to further live your business' purpose. Bio Lyn Wineman is President and Chief Strategist at KidGlov. She is a marketing veteran with over 30 years of experience. She now leads a diverse team of passionate and talented professionals to drive growth through strategic branding and marketing communications. In addition to founding KidGlov, Lyn has played key leadership roles including: president, Pickering Creative Group; senior vice president, Swanson Russell Associates; and marketing director, Tabitha. Lyn has extensive brand advancement experience. She has been instrumental in marketing and branding efforts for regional and national organizations such as Immanuel, Lincoln Community Foundation, HopeSpoke, St. Monica's, Regency Shopping Center, MembersOwn Credit Union, Farmers & Merchants Bank, Union Bank and Bryan Health. Resources: Website:https://kidglov.com/ LinkedIn:https://www.linkedin.com/company/kidglov/ Facebook:https://www.facebook.com/KidGlov Twitter:https://twitter.com/kidglov Agency for Change Podcast:https://kidglov.com/podcasts/ Blog:https://kidglov.com/blog/when-should-your-company-speak-out-on-social-issues-3-questions-every-purpose-driven-business-should-ask-itself/
Intro This episode focuses on the goals that an agency should outline to create a roadmap for their growth. Jon Morris joins the podcast today to discuss his innovative framework around how agencies should look at goal-setting. Having owned agencies, he brings a lot of experience to the discussion, particularly how he was able to grow his agency to two hundred and fifty employees before selling it. His formula highlights four different types of goals for growing an agency's revenue. What you will learn in this episode: How you can triage what's most important for your company, so you can outline concrete goals. How to define dollar amounts for each of the four agency goals: revenue, profit, cash, and infrastructure. What kinds of investments your agency should be making in training & recruiting, to maximize growth. How to organize your agency's accounts to create a clear-cut safety net and understand your company's outlook. The best way to institutionalize your agency's goals, so your team can understand them and ultimately help you achieve them. Bio Jon Morris is the founder & CEO of Ramsay Innovations and a serial entrepreneur. Prior to Ramsay, he established Rise Interactive in 2004 with prize money from his second-place finish in the University of Chicago's prestigious New venture Challenge. Over the next 16 years, he grew Rise from a one-person shop to one of the largest independent marketing agencies in the world. After selling Rise, Jon pondered his next move and realized that he was most energized when connecting and helping fellow entrepreneurs grow their businesses. Ramsay Innovations is the product of this inspiration. Like at Rise, Jon developed a proprietary, tech-enabled approach for surfacing hidden financial insights that drive critical business decisions. Ramsay Innovations' mission is to transform marketing agencies by providing them with world-class, agency-specific financial management and strategic planning at a fraction of the cost. In his spare time, Jon enjoys spending time with his wife, three daughters, and two dogs. He loves soccer, having played on his alma mater's team, Kenyon College, and he now coaches his daughter's two soccer teams. Resources: Website:https://ramsayinnovations.com/ LinkedIn:https://www.linkedin.com/in/jonmorrisramsayinnovations/ Facebook:https://www.facebook.com/RamsayInnovations Twitter:https://twitter.com/JonBMorris
Intro What could you do to position your agency for higher profitability and greater overall success? Rather than following the age-old trend of attempting to shave pennies off of costs to achieve higher profitability, Alyson Caffrey recommends focusing on optimizing backend operations like fulfillment and delivery instead. In this episode, she expounds on what agencies can do to increase efficacy by improving systems that function behind the scenes. What you will learn in this episode: How to identify the symptoms of a struggling agency. Why you should move away from billable rates to value-based pricing. How to start charging prospects for discovery, rather than doing it for free. What agency owners can do to secure the backend of their business. Why you should establish one “king” metric during the sales process. The benefits of productizing your intellectual property to increase profitability. Bio Alyson Caffrey is the founder of Operations Agency and co-creator of the Operations Simplified™ Framework. She's commonly referred to as ‘The Wolf' among her clients because she just gets stuff done. Alyson is best known for helping streamline the back-end ops for a multitude of brands, but mostly digital and creative agencies. As a fractional COO for many high-growth businesses, Alyson fell in love with the results that clear ops bring to a service business. She and the team at Operations Agency are determined to help businesses thrive profitably, serve more clients and create high-performing teams. Alyson is a mom to two sons and enjoys spending her time at home with her growing family. Resources: Website: https://operationsagency.com/ LinkedIn: https://www.linkedin.com/in/alyson-caffrey-26723990/ Facebook: https://www.facebook.com/operationsagency
Intro Agencies and clients have done a lot of online training in the past two years. During this time of agencies operating from behind their screens, Joel Erway has been helping agencies deploy webinars for their clients, regularly boosting their revenue to six figures and beyond. In this episode, Joel speaks about his expertise in the space, and why he thinks webinars are so effective in the age of online businesses. What you will learn in this episode: How to determine when a webinar is the right fit for your clients. There are two types of webinars: those for marketing-qualified leads, and those for sales-qualified leads. Learn when to deploy one versus the other. What questions an agency needs to be asking its clients to figure out which type of webinar is right for them. How interviews and “infocasts” can be an effective form of webinar, to help your audience stay engaged. Where webinars are headed over the next 1-2 years, and how you should expect them to evolve. Bio Joel is a master at helping Experts break 7-Figures without being expert marketers. People call Joel Erway “The Webinar Guy” but that's a tiny slice of his expertise. Joel's a master at crafting high-converting offers and helping Experts scale their business with High Ticket Courses. He authored the book, "High Ticket Courses" to help show Experts how to create leveraged offers to scale their business with programs valued at $2,000 or more. Between his own personal sales and his clients, he's helped generate $100+ million over the past few years. He's also a long-time podcaster and the host of Sold With Webinars and Experts Unleashed. Resources: Website: https://www.joelerway.com/ LinkedIn: https://www.linkedin.com/in/joelerway/
Intro This episode is all about email marketing. Our guests, Alex Melone and Andrei Marin of CodeCrew, believe that utilizing email for customer acquisition and retention is an often underlooked opportunity for agencies to grow. They outline the tactics and techniques through which they've seen immense success for their clients. What you will learn in this episode: How to have a conversation with your client about implementing a plan for email marketing How to use email for customer acquisition – and more importantly, retention The importance of developing a testing framework to generate customer data How to analyze your data to determine how many emails you should be sending – “The sweet spot” How the pandemic has influenced the way email marketing performs Where email marketing as a tool for agencies is headed over the next 12-18 months Bio Alex Melone & Andrei Marin are 2 of the 3 co-founders at CodeCrew. With over 2 decades of combined experience in email marketing amongst the founding team and a team of 40 email experts, they've seen it all, done it all, and improved countless programs' email marketing ROI. Resources: Website: https://codecrew.us/ LinkedIn: https://www.linkedin.com/company/codecrewinc/ Facebook: https://www.facebook.com/codecrew.us/ Twitter: https://twitter.com/CodeCrewUS
Today's guest is Sharon Toerek, principal owner at Legal + Creative, which helps marketing and ad agencies protect their assets and turn their intellectual property into revenue.Welcome to Agency for Change Podcast!
Intro As an agency owner, you certainly collect data — but are you leveraging that data to fully empower your agency? Even if your agency has doubled in size recently, if you are not making money, something is missing. In this episode of The Innovative Agency, Marcel Pettipas explains how agency owners can start using their data to gain more insights into their business and get ahead of the curve. What you will learn in this episode: How to empower your agency using key data points The best ways to leverage financial reporting data in an agency How to share financial data with team members in an effective way The difference between “revenue” and “agency gross income (AGI)” and why it's important How time tracking can be leveraged to collect more information about your business How to bill customers based on perceived risk and value Bio Marcel Pettipas is the CEO & Co-Founder of Parakeeto, a company dedicated to helping agencies measure and improve their profitability by streamlining their operations and reporting systems, a problem he discovered while running his own agency back in his early 20's. He's also the fractional COO at Gold Front, an award-winning creative agency in San Francisco working with brands like Uber, Slack, Keap, and more. As well as the head strategic coach at SaaS Academy by Dan Martell, the #1 coaching program for B2B SaaS businesses in the world. In his work as a speaker, podcast host, and consultant, specializing in Agency Profitability Optimization, he's helped hundreds of agencies around the world improve profitability and cash flow in their business. Resources: Website: www.parakeeto.com www.parakeeto.com/toolkit www.marcelpetitpas.com LinkedIn: https://www.linkedin.com/in/marcel-petitpas-20059588/ Facebook: https://www.facebook.com/agencyprofitability Twitter: https://twitter.com/Parakeeto
Intro Today's episode is more about clients than it is about agency owners. Our guest, Daniel Fernandez, shares his understanding of what clients value and how agency owners can keep them around for longer. His strategy hinges on retaining clients by systematizing a roadmap to their success. In doing so, you give them the opportunity to be active in the process of strengthening your agency-client relationship. What you will learn in this episode: How to create a definite pathway that ensures success for your clients. The value of systematizing your processes, rather than relying on instinct. How to make clients more enthusiastic to continue working with you. What you can do to get clients to raise their concerns sooner, rather than later. How to decrease complaints and increase client retention. The benefits of increasing the number of times you speak face-to-face with clients. Bio Daniel is the founder and CEO of AMZclever.com, a full-service agency that manages and grows brands on Amazon and Walmart since 2015. He has worked with several 7, 8, 9-figure brands; public companies; and product startups on launching and expanding in the Amazon and Walmart platforms, as well as taking many of them internationally. Daniel spent some years living in China; he has spoken at several industry-leading conferences in US, Canada, China, Netherlands, Hong Kong; and is a frequent contributor to different publications in the Amazon and e-commerce space. Currently resides in Florida, where he leads his global team and enjoys the sunny weather. Resources: Website: https://www.amzclever.com/ LinkedIn: https://www.linkedin.com/in/danielfernandezamazon/ Facebook: https://www.facebook.com/AMZcleverAgency Twitter: https://twitter.com/danielamzclever Instagram: Instagram: https://www.instagram.com/amzclever/ Youtube: https://www.youtube.com/channel/UCYbzTlGWW_XUa1y90THJCPQ
Sometimes, people look at others in their space as competition. But the most successful leaders of business often recognize that collaboration and networking with others can push their business forward faster than if they were to try to tackle everything independently. In today's episode of The Innovative Agency podcast, my guest is Rob Kischuk, a builder of more than just software products. His adept skills and leadership qualities have allowed him to build companies, teams, partnerships, and relationships. He started Bellwood Labs because he saw the disconnection between a business's problems, its objectives, and the software product. He has been recognized in Atlanta's “Top 40 Under 40” and has helped startups with successful exits. He's also comfortable with the podcasting world too, as host of a podcast about agency owners and leaders. What you will learn in this episode: How a developer and agency leader thinks about building a product and establishing a niche of specialty and competency Learning the benefits of being willing to network, connect, and talk with other agencies to refer work to one another. Tips for working in an agile and scrum mindset to build something and anticipate challenges in the process Product development lifecycle challenges and how they interact with agency ownership Bio Rob Kischuk is a builder of more than just software products - he's a builder of companies and teams, as well as partnerships and relationships. Ever since he learned how to code, Rob's fascination with transforming ideas into action has enabled him to create great software products that empower people to do the work that matters most to them. Throughout Rob's career, he's always strived to be an invested partner - not an order taker. He started Bellwood Labs because he saw the disconnection between a business' problems, its objectives, and the software product. From helping startups like Proficient Systems and Air2Web achieve successful exits, to driving digital transformation for enterprise-level companies like Chick-fil-A, Delta Airlines, PGi, and more, Rob's caring and collaborative approach has been at the center of it all. In addition to serving on the board of the Atlanta Interactive Marketing Association (AIMA), Rob has been recognized time and time again as a key figure in Atlanta's vibrant business community. Rob has been named to Atlanta's Top “40 under 40,” and he has also been a finalist in TIE Atlanta's “Top Up-and-Coming Entrepreneur.” Outside of work, you can find Rob slipping into sporting events, exploring Atlanta's foodie scene, or volunteering at Cumberland Community Church. Rob holds a Bachelor's degree in Computer Engineering from the Georgia Institute of Technology, as well as an MBA from Georgia State University. Resources: Website: https://www.bellwood.io/ LinkedIn: https://www.linkedin.com/company/bellwood-labs/?viewAsMember=true Facebook: https://www.facebook.com/BellwoodLabs
Does your agency provide something unique and valuable that only you can offer? In this episode of the Innovative Agency podcast, we are joined by the founder of BitMoto, Matthew Strunk. Matthew, along with cofounder Devin Peterson, created BitMoto to help car dealerships with digital marketing, a function that many dealerships struggle with, especially when BitMoto first started out in 2015. What you will learn in this episode: How Matthew and BitMoto anticipated a niche that was underserved, and how they developed a process to enter into it The value of leveraging your IP to provide incentives to clients. The process of creating, evolving, and improving proprietary software as a revenue generator Advantages of considering worldwide development strategy and the cost-savings that can come with that How the development of a product can allow your business to generate revenue, and also set you up for success in an exit strategy Bio Founder & CEO Matthew Strunk started BitMoto in April 2015 with long-time friend Devin Peterson. Matthew had worked in the automotive space for over a decade, serving as a sales consultant, internet manager, internet director, and sales manager during his career. It became clear that the majority of car dealerships didn't truly understand digital marketing beyond the fact that it was something they had to do. They needed a trusted solution to help them gain market share and be more efficient with their ad spend. And so, BitMoto was born. BitMoto created a software solution to help dealerships create copy and ads for their digital marketing by simply entering their deals and pricing information, and then auto-generating copy for their marketing. Their proprietary software continued to evolve and allowed them to become leaders within the automotive industry niche. Resources: Website:https://www.bitmoto.com/ Website: https://www.strunkmedia.com Website: https://www.autosigma.com LinkedIn:https://www.linkedin.com/company/bitmoto/ LinkedIn: https://www.linkedin.com/company/strunkmediagroup Twitter:https://twitter.com/bitmotomktg Twitter: https://twitter.com/strunkmedia Facebook: https://www.facebook.com/StrunkMediaGroup/
Would a white-label partnership be beneficial to your agency? In this episode of the Innovative Agency podcast, we are joined by the founder of Conduit Digital Media, Tim Burke. Tim helps successful agencies scale through white-label partnerships. During our conversation, he shares how white-label partnerships can help improve the performance and communication of your agency. What you will learn in this episode: The signs that agency owners should look for when deciding if it's the right time to form white-label relationships What an agency owner should expect from a white-label partnership How communication influences the performance of a white-label relationship Should white-label partners be client-facing for your agency What should agencies do to receive client data from white-label partners to prep for meetings Should agencies be transparent with clients about using a white-label partner Bio Tim Burke has run media sales organizations in television, cable, and radio. His last position before starting Traffic Builders/Conduit Digital was as the Director of Sales for Comcast in the New York DMA. Tim worked as a national advertising sales consultant for Jim Doyle & Associates during two different tours and started an advertising sales consultancy, Burke Advertising & Marketing. Tim has consulted with media sales teams and local businesses in over 95 US markets and has industry insight that helps him to maximize the opportunity for his clients. Conduit Digital Media is built on the experience of over thirty years in media management and the education that comes from working hands-on with literally thousands of businesses. Tim brings a client-first marketing mindset and old-school values like hard work and integrity to this new media company. Resources: Website: conduitdigital.us/ LinkedIn: linkedin.com/in/timburkesalesconsulting Twitter: https://twitter.com/MediaConsultUSA
Should you be using LinkedIn ads to grow your agency? In this episode of the Innovative Agency podcast, we are joined by the founder of B2Linked, AJ Wilcox. AJ is a LinkedIn ads pro who has managed over $150 million in spend on the platform. During our conversation, he shares his insights on how to create high-converting ad campaigns for your agency. What you will learn in this episode: How to determine if investing in LinkedIn advertising is the right platform for your agency Why LinkedIn is great at developing high-quality client personas Why people spending less time on LinkedIn vs Facebook is better for marketers What is the primary challenge with running authentic LinkedIn ads How to develop more of a connection with your audience as a business account What expectations should agencies have when starting LinkedIn advertising When should an agency prioritize organic vs paid strategy on LinkedIn Why LinkedIn is the easiest network for your content to go viral What types of content should agencies use in LinkedIn ads and why What are the biggest mishaps that people make with their LinkedIn ads Bio AJ Wilcox is a LinkedIn Ads pro who founded B2Linked.com, a LinkedIn Ads-specific ad agency, in 2014. He's managed over $150M in spend on the platform, they're official LinkedIn partners, he's the host of the LinkedIn Ads Show podcast, and has managed 5 of the world's top 10 LinkedIn Ads accounts. He's ginger and a triathlete. He lives in Utah, has 4 adorable kids, and his company car is a wicked-fast go-kart. Resources: LinkedIn: https://www.linkedin.com/in/wilcoxaj/ Twitter: https://twitter.com/B2Linked The LinkedIn Ads Show Podcast: https://b2linked.com/podcast/
Could your agency be doing more to retain clients? In this episode of the Innovative Agency podcast, we are joined by the founder of DOT & Company, Taylor McMaster. She and her team help digital marketing agencies keep their clients happy—and keep agency owners focused on what they do best—with full-service client account management (CAM) services. During our conversation, she shares her insights on hiring the best account manager for your agency. What you will learn in this episode: How to gauge how many account managers your agency needs Why hiring an account manager is crucial for client retention and agency growth When is the right time for an agency to hire their first account manager How to set your account management team to be successful in their roles What skills an account manager needs to have that are non-negotiable Bio Taylor McMaster is the founder of DOT & Company where she and her team help digital marketing agencies keep their clients happy—and keep agency owners focused on what they do best—with full-service client account management (CAM) services. Taylor leads a team of Client Account Managers at DOT & Company, training the CAMs to work with different agencies. To date, they have helped dozens of digital marketing agencies free up their time to prioritize the money-makers in their businesses, while the DOT & Co. team ensures their client experience is smooth like butter. She is also the host of The Happy Clients podcast, where she interviews top names in the industry, diving deep into what makes clients happy in the agency world. Resources: Website: www.dotandcompany.co Facebook: https://www.facebook.com/dotandcompany LinkedIn: https://www.linkedin.com/in/taylormcmaster/ Twitter: https://twitter.com/CompanyDot
Can artificial intelligence (AI) help your agency grow? In this episode of the Innovative Agency podcast, we are joined by the founder of Agency Growth Secrets, Josh Harris. Josh helps companies stop wasting money on customer acquisition using artificial intelligence to optimize marketing campaigns. During our conversation, he shares his insights on how to integrate AI into your agency for growth. What you will learn in this episode: How integrating artificial intelligence (AI) can help your agency's growth What are the common objections to implementing AI and how have they changed in recent years What is the difference between a trend and a fad, and why it's important to learn to spot them in your industry Why efficiency and effectiveness are the most important requirements of technology How can agencies begin to implement AI into their lead generation and sales processes What are the two most important categories that agency owners should prioritize for AI Bio Josh Harris developed an entrepreneurial spirit at a young age. Growing up in Illinois, he found himself creating businesses to help his neighborhood. He quickly learned that your paycheck doesn't have to be directly tied to a set number of hours worked. Instead, he discovered that money is tied to your personal productivity. This caused the marketing mogul to face the internet head-on. He wanted to be the man in charge and the web would be his path to opportunity. Josh created a marketing and website business that saw some success, but not enough. He desired a better life without the money woes he was so familiar with. After struggling to scale his business, and enacting the help of a mentor, he finally honed in on a successful approach to business growth. His marketing and website company grew rapidly, and Josh soon sought other ventures. In 2014, Josh founded Agency Growth Secrets, an advanced data-targeting company that uses artificial intelligence to optimize marketing campaigns. Through technology and machine learning, AGS allows companies to pinpoint individuals who are ready to purchase. This saves the companies from money wasted on customer acquisition. Resources: Website: https://joshuaharris.co/ Facebook:https://www.facebook.com/joshuaaharris Twitter:https://twitter.com/joshharrislife LinkedIn: https://www.linkedin.com/in/agency-training/ https://aisales.systems/ai-vsl
How does culture impact the growth of your agency? In this episode of the Innovative Agency podcast, we are joined by the founder of Austin Amplifies, Doug Austin. Doug is a growth consultant who helps agencies of all types and sizes grow and thrive. During our conversation, he shares his insights on the intersection of culture and growth within agencies. What you will learn in this episode: How do growth and culture complement each other within agencies What are the two most important factors in creating a safe work environment How a growth culture helps to avoid losing your “A-Player” employees How agency owners can maintain culture and talent development in a hybrid or virtual working world Why agencies should conduct a third-party audit to help foster growth and culture Bio Doug Austin is the founder of Austin Amplifies - a business growth consultancy that helps agencies of all types and sizes grow and thrive. Doug spent a career in the advertising agency world working for some of the country's best independent shops from NYC to Dallas to Missouri. Today, Doug spends his time coaching agency owners and their teams on how to create a culture of growth and position themselves to win. Resources: LinkedIn: https://www.linkedin.com/in/doug-austin-b978915/ Book on Amazon: https://www.amazon.com/Permission-Win-Douglas-V-Austin-ebook/dp/B08ZKN9H21/ref=sr_1_2?crid=3BCNKGKC626ER&keywords=permission+to+win&qid=1649711363&sprefix=permission+to+win+%2Caps%2C229&sr=8-2
You may think you have your contracts for clients and you think you have all your boxes ticked - but you are probably missing something very important. Do you have all the client contracts and other legal bits for your toolkit? You'll find out in this episode! It's always helpful to have Sharon Toerek on to talk about the changing landscape of legal, and especially today to discuss why you need more than a contract or your boxes have been ticked. This week, episode 134 of The Digital Agency Growth Podcast is about your business legal toolkit! Watch our new recorded video training: Relationship-Driven New Business At-ScaleIn this episode of The Digital Agency Growth Podcast, Dan Englander and Sharon Toerek share the importance of being legally prepared for potential clients asking for exclusivity and actionable steps you can take right now to protect your legal ideas and formulas while also providing more one to many opportunities for growth in your service options. Sharon Toerek is a marketing law and intellectual property lawyer dedicated to serving agencies. She's also the host of the Innovative Agency Podcast. Sharon is a former President of the American Ad Federation (AAF) Cleveland and serves on the American Association of Advertising Agencies (4A's) Legal Consultant panel. In the advertising and communications industry, Sharon writes and frequently lectures on the topics of intellectual property protection, marketing agency relationships, and the legal implications of social media.In this episode, Dan and Sharon discuss the following:What Sharon and her clients are really focusing on in terms of IP as things shift and change in the landscape of legal.When to know when it's time to legally protect an idea, project or product, and when you should expect it to pay off.How you can protect yourself legally and what you need to have in your business legal tool kit. How negotiating with brands and potential clients is changing to the clients asking for exclusivity, and how to navigate that to keep your niche and protect both you and your client's best interests.After this episode, you'll feel more prepared for both negotiations with future clients and your own agency's legal toolkit.Thank you for listening! If you enjoyed this episode, please take a moment to follow, rate and review the podcast and tell me your key takeaways!CONNECT WITH SHARON TOEREK:WebsiteLinkedInTwitterCONNECT WITH DAN ENGLANDER:LinkedInSales Schema
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