The Legal Risks of AI in Agency Work, With Sharon Toerek

Dec 24, 2025

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00:00 – 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.

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