Protecting Your Agency: Legal Essentials with Sharon Toerek
Running a marketing agency without proper legal protection is like building a house on sand. One contract dispute, one IP claim, or one AI mistake could cost you everything you've built.
In this episode, I sit down with Sharon Toerek, founder of Toerek Law and the leading attorney specializing in legal protection for creative agencies and marketing firms. For over 13 years, Sharon has been the go-to expert helping agencies navigate contracts, intellectual property, employee agreements, and now AI risk management.
What You'll Learn:
- Why 90% of agency contracts fail and the critical elements yours must include
- The IP mistakes that cost agencies millions in lost revenue and legal fees
- How to protect your agency from AI-related liability with policies and contracts
- Fair competition covenants that stop clients from poaching your best talent
- Why legal should be a profit center, not just risk management
- The "work for hire" myth that undervalues your creative assets
- How to work safely with offshore talent without exposing client data
- Creating AI governance that protects you AND educates your clients
Key Takeaways:
✅ Never transfer IP ownership until you've been paid in full
✅ Include non-solicitation clauses to prevent client poaching
✅ Require deposits or retainers to protect cash flow
✅ Create written AI policies (internal AND client-facing)
✅ Update contracts regularly for privacy, AI, and accessibility laws
✅ Train your team on platform terms and conditions
Episode Timestamps:
0:00 Intro to Sharon Toerek and today's topic
0:25 How Sharon became an entrepreneur
1:17 Early influences from entrepreneurial parents
3:03 The realities of entrepreneurship: highs, lows, and resilience
6:06 Sharon's journey from big law to founding her niche firm
8:17 Why she focused on marketing agencies and creative businesses
12:46 Why legal should be a profit center for agencies
13:46 Why every agency needs a real contract
15:15 Key contract issues agencies often miss
16:13 Exclusivity, fair competition, and payment terms
18:04 Why clarity in agreements matters in disputes
22:30 Why contracts need regular updates for privacy, AI, and accessibility laws
24:19 Client responsibilities in agency agreements
28:11 The biggest IP mistakes agencies make
29:07 Contractor and freelancer IP risks
30:33 AI-related legal risks for agencies
32:05 Working with offshore freelancers and contractors
34:32 How agencies should build AI policies and contract language
38:33 Why agencies should help clients understand AI governance
40:59 Sharon's podcast and community leadership work
44:46 Why relationships matter in business growth
About Sharon Toerek:
Sharon Toerek is the founder of Toerek Law, specializing exclusively in legal protection for marketing agencies and creative service firms. After years in big law, Sharon recognized that nobody was truly serving the unique needs of agencies—from service agreements to IP protection to employee poaching prevention. Today, Toerek Law is the premier legal partner for agencies looking to grow profitably while protecting what they've built.
Connect with Sharon:
Toerek Law
📞 Office: 800.572.1155
🌐 Website: www.legalandcreative.com
🎙️ Podcast: The Innovative Agency - https://legalandcreative.com/the-innovative-agency/
About Today's Business Leaders:
Hosted by Gabe Arnold, founder of Business Marketing Engine, this podcast features in-depth conversations with entrepreneurs, executives, and industry experts who are building remarkable companies. Each episode delivers actionable insights you can implement immediately in your business.
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Connect with Gabe:
🌐 www.businessmarketingengine.com
📞 888-618-9123
Ready to protect your agency with proper legal foundations? Don't leave your legal protection to chance. Reach out to Sharon's team at Toerek Law and build the foundation your business deserves.
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