4A’s Virtual Finance Committee Meeting – “MSA Hidden Issues”, September 23, 2020

To All Finance Committee Members,

On September 23rd from 3-4:30 pm EDT via Zoom, we held a discussion on what are the top “Hidden Issues”  that you may not think about, but need to consider when agencies are negotiating MSAs?

Many of us have experience in the basics of negotiating agency-client agreements.  However, in this virtual committee discussion, we drilled down into specific provisions that we have found recently to be causing our member agencies the most trouble in their negotiations with their clients. The provisions that we discussed are particularly problematic since they may seem innocuous and fair on their face, when, in fact, they may expose the agency to unexpected and unfair liability. Truly understanding these potentially problematic provisions is the key to negotiating a fair agreement with your clients.

The 4A’s in partnership with Candice Kersh from Frankfurt Kurnit Klein & Selz (FKK&S) identified these hidden issues and drilled down on their meaning and implications and the reason they are important.  We discussed how to address these issues with the client and ways to effectively negotiate a fair resolution.  We also spent some time discussing additional issues that the agency may want to address in the MSA, SOW, or production estimate, in light of the realities of producing advertising in the time of COVID-19.

Please utilize the below link to access the video recording of the session as well as to access the actual presentation document in PDF form.

Watch Virtual Conference here


Download | MSA Hidden Issues