Alaska Business August 2023

LEG A L ELI T E | M EE T I N G S & CO N V EN T I O N S | PH A R M ACEU T I C A L M A N AG EM EN T AUGUST 2023

AUGUST 2023

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HELP PLANT THE SEEDS FOR THE FUTURE.

Offer employees the benefit of Alaska 529 Workplace.

A convenient way for employees to save for education.

New accounts opened by your employees this year may be eligible for a $250 contribution with the Dash to SaveTM incentive program.

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Go online or call the number listed above to request a Plan Disclosure Document, which includes investment objectives, risks, fees, expenses, and other information. You should read the Plan Disclosure Document carefully before investing. Offered by the Education Trust of Alaska. T. Rowe Price Investment Services,

Inc., Distributor/Underwriter. *Certain restrictions apply; visit Alaska529plan.com/DashToSave for terms and conditions.

Dash to Save is a trademark of the Education Trust of Alaska.

202303-2812174

CONTENTS AUGUST 2023 | VOLUME 39 | NUMBER 8 | AKBIZMAG.COM

FE AT UR E S 22 LEGAL

10 LEGAL

Alaska Business Legal Elite

Legal Landscape Opportunities, challenges, and new developments in Alaska’s legal services market

By Lincoln Garrick

14 LEGAL

Endless Forms Most Bureaucratic Evolving federal requirements may affect Alaska small businesses, Native corporations

By Chris Slottee

18 LEGAL

The Corporate Transparency Act New reporting requirements for Alaska businesses

By Alex Kubitz and Ben Spiess

20 LEGAL

Setting a High Bar Q&A with the Alaska Bar Association

2023

Boarding Next: Net Zero Flights Hydrogen-electric and SAF as pathways to decarbonize aviation

ZeroAvia

84 TRANSPORTATION

By Scott Rhode CORRECTION: On page 53 in our July 2023 issue, we mistakenly identified Michael’s Jewelers as a “spinoff ” of 5th Avenue Jewelers. Michael’s Jewelers and 5th Avenue Jewelers are independently owned by descendants of Doug Robuck, who launched the family’s first jewelr y business, Robuck & Sons, in 1967.

32 TELECOM & TECH

78 OIL & GAS

Security and legal liability for offsite data

North Slope pipelines and roads

By Tracy Barbour

By Tasha Anderson

38 ALASKA NATIVE

90 HEALTHCARE

How Alaska Native corporations stay in touch with shareholders

Pharmacists play a significant role in patients’ wellbeing

By Alexandra Kay

By Rachael Kvapil

Whose Cloud Is It, Anyway?

Open Lines of Communication

Sharing North Slope Infrastructure

A Prescription for Better Healthcare

QUICK READS 8 FROM THE EDITOR 94 SAFETY CORNER 4 | August 2023

98 INSIDE ALASKA BUSINESS 100 RIGHT MOVES

102 ALASKA TRENDS 104 OFF THE CUFF

Alaska Business www.akbizmag.com

EIGHT IS GREAT!

BEST OF ALASKA BUSINES S

Thank you, Alaska, for voting First National Best Place to Work for the eighth year in a row and Best Bank for the third year in a row.

Alaska Business magazine Best of Alaska Business Awards

Shape Your Tomorrow

For more than a century, we have fostered a workplace where every team member feels valued. It’s part of our mission statement to take care of our employees, customers and community to help Alaskans shape a brighter tomorrow.

Betsy Lawer

BOARD CHAIR AND CEO/PRESIDENT

FIRST NATIONAL BANK ALASKA IS AN EQUAL OPPORTUNITY EMPLOYER • EQUAL HOUSING LENDER • MEMBER FDIC • NMLS# 640297

CONTENTS AUGUST 2023 | VOLUME 39 | NUMBER 8 | AKBIZMAG.COM

SPECIAL SEC TION: MEE TING S & CONVENTIONS 60 SUSTAINABLE SWAG

Giveaway items that impact the audience, not the environment

46 PARTY PROS

Vendors that make events special

By Amy Newman

By Scott Rhode

68 EXPLORE FAIRBANKS PULLS OFF BUCKET-LIST CONFERENCE

More than 70 travel journalists learn more about the Last Frontier

By Vanessa Orr

74 SEEING EYE TO EYE

The opportunity for in-person meetings at coworking spaces

Alaska Photobooth Company

Arctic Encounter

By Luanne Urfer

52 VOICES ON STAGE

How to plan an agenda and schedule speakers

By Katie Pesznecker

ABOUT THE COVER Who better for our cover than the woman who facilitates picture-perfect moments, event after event? Coral Howe is the founder and owner of Alaska Photobooth, which operates out of Anchorage and Fairbanks. The company was established in 2008 and has been making waves ever since: this year Howe was honored by Booth Mastery

Academy, which recognized her as the leader of one of the top three photobooth teams worldwide at the 2023 International Photo Booth Expo. But Howe hasn’t filled the Alaska Photobooth album of accomplishments yet.

This year she has expanded to Juneau, and the rest of Alaska is in her viewfinder.

Cover photo by Sarah Lewis | Background photo by Carter Damaska

Alaska Business (ISSN 8756-4092) is published monthly by Alaska Business Publishing Co., Inc. 501 W. Northern Lights Boulevard, Suite 100, Anchorage, Alaska 99503-2577; Telephone: (907) 276-4373. © 2023 Alaska Business Publishing Co. All rights reserved. No part of this publication may be reproduced without written permission from the publisher. Alaska Business accepts no responsibility for unsolicited materials; they will not be returned unless accompanied by a stamped, self addressed envelope. One-year subscription is $39.95 and includes twelve issues (print + digital) and the annual Power List. Single issues of the Power List are $15 each. Single issues of Alaska Business are $4.99 each; $5.99 for the August & October issues. Send subscription orders and address changes to circulation@akbizmag.com. To order back issues ($9.99 each including postage) visit simplecirc.com/back_issues/alaska-business.

6 | August 2023

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Pacific Dataport and Microcom Bringing fast, affordable, and reliable broadband to all of Alaska

W

hen Anchoragebased Pacific Dataport, Inc. (PDI) launched its Aurora 4A satellite from NASA’s Kennedy Space Center in Florida on April 30, it was a thrilling and historic event. Aurora 4A is the first micro-geosynchronous high throughput satellite (GEO HTS) ever launched—and it was created exclusively for Alaskans.

Aurora 4A—at about 880 pounds and the size of a comm e rcial dr ye r—sit s over the equator at 163°W longitude, just south of Bethel. Its gateway, or satellite ground station, is located in Utah, where it connects users to fiber and the Internet. The satellite will help connect about 10,000 rural Alaska families, i m p rov i n g h e a l t h c a re , education, and economic opportunity.

Aurora 4A’s launch firmly positions PDI in Alaska's telecom industry as a middle mile provider, and it will allow rural Alaska residents to receive expeditious services.

“If the telecoms who have recent fiber awards build out their last mile first (in the community), they can use Aurora 4A to connect residents within a few months instead of waiting three to seven years for fiber middle mile,” says CEO Chuck Schumann.

Currently, PDI’s Aurora Broadband service is in beta phase; full commercial services should be available

by August of this year.

A FAMILY AFFAIR PDI is affiliated with Anchorage-based Microcom, which has provided satellite TV and broadband services throughout Alaska for nearly forty years. Microcom also owns and operates the Talkeetna Alaska Teleport, a 90-acre site that can host multiple gateway clients. Schumann founded Microcom in 1984 and was soon joined by his wife, Sandra Blinstrubas, the company’s current president.

Together they transformed Microcom from a singleemployee operation into a leading-edge, multistate organization. Their son, Alexander, recently became Microcom’s general manager, further solidifying the family business. “It has been a long and very exciting road building Microcom over the years,” Schumann says.

The creation of PDI was imperative for Microcom, which sells and installs satellite data communications systems. The company had spent decades battling a

shortage of satellite capacity and having to tell customers “no.” In 2017, Microcom and other investors established PDI for one purpose: to build and launch satellites that would provide coverage to all of Alaska.

Today, PDI provides wholesale middle mile backhaul (cellular and broadband) through Aurora (GEO HTS) and OneWeb low- e a r t h o rb it (LEO) satellite networks to various e n te r p r i s e c u s to m e r s , including telecoms, nonprofits, hospitals, health clinics, schools, libraries, governments, and tribal organizations. Microcom provides retail satellite broadband from Aurora, OneWeb, Viasat, HughesNet, and Starlink to individuals

and small companies. “We offer Alaska the newest broadband technologies,” Schumann says. “And we reach everyone.”

THE NEXT PHASE PDI is already working toward the next, exciting pha se of the Aurora Network: adding a second, much larger satellite at 1 5 4° W lon gitude. Th e undertaking symbolizes PDI’s commitment to providing innovative solutions all across the state—not just in hubs or urban areas— increa sing comp etition and improving services for Alaskans. “What drives us is knowing that what we do has such a positive effect on people’s lives,” Schumann says.

For more information, contact: Chuck Schumann, CEO 4701 Business Park Blvd., Unit J-24 Anchorage, Alaska 99503 (907) 264-0001 | pacificdataport.com

FROM THE EDITOR Over nearly forty years of publishing, the editors of Alaska Business have refined the magazine’s voice through performing their core responsibility: deciding what runs and what doesn’t. Our long-term readers know that editor after editor has maintained a couple of guidelines to strengthen the magazine’s unique voice and drive our mission to support the Alaska business community.

1) Alaska Business does not accept political advertising, nor do we take a position on any political candidate. As advocates for responsible business development, we do occasionally take a position on a specific political issue that we believe will positively or negatively impact Alaska’s businesses.

2) Alaska Business generally does not report on lawsuits, legal conflicts, or legal outcomes, unless they directly and significantly influence an Alaska industry. As an example, we are running an exception to this guideline in this issue in “Shared Infrastructure,” which includes commentary on the positions that ConocoPhillips Alaska, Santos, and the State have taken on who can use privately built roads, and under what circumstances, on the North Slope.

An unintended side effect of holding to these guidelines—which I believe benefit the magazine as a whole—is that historically we have rarely reported on the companies and individuals operating in political or legal spaces. Public relations and campaign management are major economic drivers in every state, and the legal industry is a critical support service for all Alaska businesses.

In this issue we’ve taken the plunge into reporting on the legal industry, and several of Alaska’s legal experts have stepped up to help us build that content, including the Alaska Bar Association through a Q&A. In addition to those insights, we are running the first iteration of the Alaska Business Legal Elite, a list of Alaska’s elite attorneys. Similar to the Best of Alaska Business Awards, we didn’t select the Legal Elite. Instead, we asked Alaska licensed attorneys to tell us who among their peers they respect the most for their legal skills and accomplishments. The results of those nominations formed the 2023 Legal Elite, which represent approximately 8 percent of the state’s active, licensed lawyers.

It’s important to note that this is not necessarily a list of attorneys who are available to the public for legal services. Included in the Legal Elite, among those practicing at law firms, are attorneys working for the state and those who have taken on roles as in-house counsel for an organization. Much like our other prestige lists—Top 49ers, Corporate 100, Best of Alaska Business—our goal with the Legal Elite is to honor and celebrate hard work and the success that follows.

VOLUME 39, #8 EDITORIAL Managing Editor Tasha Anderson 907-257-2907 tanderson@akbizmag.com

Editor/Staff Writer Scott Rhode srhode@akbizmag.com

Editorial Assistant Emily Olsen emily@akbizmag.com

PRODUCTION Art Director Monica Sterchi-Lowman 907-257-2916 design@akbizmag.com

Design & Art Production Fulvia Caldei Lowe production@akbizmag.com

Web Manager Patricia Morales patricia@akbizmag.com

SALES VP Sales & Marketing Charles Bell 907-257-2909 cbell@akbizmag.com

Senior Account Manager Janis J. Plume 907-257-2917 janis@akbizmag.com

Senior Account Manager Christine Merki 907-257-2911 cmerki@akbizmag.com

Marketing Assistant Tiffany Whited 907-257-2910 tiffany@akbizmag.com

BUSINESS President Billie Martin VP & General Manager Jason Martin 907-257-2905 jason@akbizmag.com

Accounting Manager James Barnhill 907-257-2901 accounts@akbizmag.com

Tasha Anderson Managing Editor, Alaska Business

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LEGAL

Legal Landscape Opportunities, challenges, and new developments in Alaska’s legal services market

By Lincoln Garrick

T

he legal industry consists of services providing legal advice, assistance, or representation; notarial activities; and research in criminal and civil litigation. Some firms focus exclusively on drawing up legal documents and advising clients on legal transactions. Many lawyers based in Anchorage, Fairbanks, and Juneau specialize more narrowly in just a few legal disciplines, while those based in rural Alaska often practice more broadly in several areas of the law. Nationally, only 3 percent of civil cases go to trial, so alternative dispute resolution methods— such as mitigation or arbitration, where parties work to reach a mutually agreeable solution to their differences—have become a growing sector for active and retired lawyers.

increase indicates a robust group of interested, but not actively practicing, advisors and mentors.

Ensuring lawyers are reflective of the people they serve—with diverse cultures, experiences, and backgrounds and at all levels of law firms—is a national movement and a goal that Alaska also aspires to.

Who Are Alaska’s Lawyers?

A ten-year analysis of the Alaska Bar Association’s annual member survey shows a population with an aging pool of lawyers, an increasing number of active Alaska-practicing lawyers located outside of the state, and a gender disparity that’s improving, albeit slowly.

In the last decade, there has been a 240 percent increase in the number of retired members within Alaska Bar Association membership, from 270 individuals identified in 2012 to 650 individuals in 2021. This is not really surprising given the relatively young age of the state and formation of the Alaska Bar in 1955, and the 10 | August 2023

Lawyers tend to be older than most US workers, with a national average age of 46.5 in 2021 compared to the median age of 42.2 for all US workers, according to the US Bureau of Labor Statistics (BLS). There are few lawyers younger than 25, due to the lengthy educational requirements, and many lawyers work past age 65.

Alaska lawyers are even older than the national average, with just over half of all active Alaska lawyers being more than 50 years old in 2022.

Another expanding segment is active and practicing Alaska lawyers who live outside of the state. This

group has expanded 144 percent during the last ten years, with 609 individuals reported in 2012 and 877 individuals in 2021, which is about 28 percent of all active Alaska lawyers.

There are likely several explanations for this, including Alaskans who live in multiple locations over the course of a year, lawyers who may choose to practice in multiple locations to better serve their corporate clients with multi-state businesses, and perhaps the inception of digital nomads within the legal profession— people who travel freely while working remotely using technology and the internet.

Forty-one percent of all active Alaska lawyers identify as female, which is an increase of close to 3 percent from 2014, when gender was first reported by the Alaska Bar. In 2021, the American Bar Association reported nationally that 38 percent of lawyers were female, and the percentage of women in the profession is growing at roughly one-half of 1 percent per year, with a small number of lawyers (0.2 percent) stating they are neither male nor female. Alaska appears to be performing similarly to national gender equality trends.

Aspiring to Reflect Clients Ensuring lawyers are reflective of the people they serve—with diverse cultures, experiences, and backgrounds and at all levels of law firms—is a national movement and a

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goal that Alaska also aspires to.

In 2020, 94 percent of all Alaska lawyers identified as non-Hispanic whites. By comparison, 64.1 percent of all Alaska residents were nonHispanic whites in 2021. Nationally, nearly all people of color are underrepresented in the legal profession compared with their presence in the US population.

This is mirrored in the state, as the Alaska lawyer population comprises no more than 2 percent of any underrepresented group.

In 2020, of the 2,281 active instate lawyers, 46 were Alaska Native, 30 Asian, 27 Hispanic or Latino, 20 Black, 17 Native American, 5 Indian Subcontinent, and 1 Hawaiian or other Pacific Islander. This is compared to the racial makeup of the state, with 14.8 percent of people identifying as American Indian or Alaskan Native, 7.5 percent stated as Hispanic or Latino, 7.1 percent listed as multiracial, and 6.4 percent identifying as Asian.

The Alaska Bar Association has acknowledged that its current

membership does not reflect the diversity of Alaska. In May of 2021 it created a diversity commission with the goal of creating a more equitable, inclusive, and diverse organization and to increase the membership of Black, Indigenous, and People of Color (BIPOC) individuals.

The barriers for becoming a lawyer are numerous, including a difficult school admissions process, years of rigorous training, and educational costs that can result in six-figure student loan debt. In addition to the time and financial barriers of starting in the profession, there is also a challenge navigating the legal education environment. A lack of connections and a healthy skepticism of the objectiveness of “the law” have been identified, nationally, as contributors for lower numbers of underrepresented racial groups pursuing the legal profession.

How Is the Pay? According to the BLS, the national median annual salary for 2021 was

$127,990, while Alaska lawyers’ median annual salary came in at $103,680.

Interestingly, Alaska lawyers at the bottom third of the state’s earners outpace the bottom third of national wages. This suggests that new lawyers in Alaska earn more than their national peers.

Individual regions within Alaska, such as Fairbanks, pay at different levels during various stages of a law career and potentially have higher costs of living. Fairbanks-based lawyers tend to earn less compared to their national peers over time, while Anchorage-based lawyer wages track competitively with national salaries.

It is important to consider there are many different fields in law, and that is reflected in how much lawyers earn. Some career paths lead to higher pay than others, and notably some lawyers don’t have set monthly incomes if their income is derived mainly through contingency fees.

Alaska lawyers’ wages have been right in the middle for the last five years, 22nd out of 50 states,

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according to the BLS’s Occupational Outlook Handbook.

Where Do Alaska Lawyers Come From?

Building the legal pipeline and narrowing the “justice gap,” which is the difference between the civil legal needs of low-income Americans and available resources, is a major goal within Alaska’s legal industry.

Alaska remains the only state without a law school. In 1975, former state attorney general John Havelock issued a 240-page report, Legal Education for A Frontier Society: A Survey of Alaskan Needs and Opportunities in Education, Research and the Delivery of Legal Services, examining the need, supply, and growth of law-related services and the options for legal education.

Nearly thirty years later, Mary Killorin with the UAA Institute of Social and Economic Research asked similar questions about the current and future demand for lawyers in the 2004 report An Alaskan Law School: Is it feasible? This study focused

on identifying how many Alaska residents want to go to law school, the cost versus benefit of building such a school within the statewide university system, and what might be alternatives to a traditional law school.

As of today, Alaska still imports all of its lawyers. Alaskans wishing to earn a law degree can do so a few different ways: 1) leaving the state and attending one of the 199 American Bar Association accredited law schools, or 2) attending one of the UAA campuses that have pre-law bachelor’s degrees and partnerships with a variety of Lower 48 schools (including Willamette University College of Law in Salem, Oregon; University of Washington School of Law in Seattle; and Case Western Reserve University School of Law in Cleveland, Ohio). This latter path provides qualified students the opportunity to earn a baccalaureate degree in Alaska and law degree outside but on an accelerated schedule—typically in six years instead of seven.

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A new path as of fall 2023 is 3) the Alaska Pacific University (APU) MBA/ JD dual degree program, which provides an accelerated path for both of those graduate degrees. In this program, MBA instruction is provided

by APU and JD instruction is provided

by Seattle University School of Law through flexible part-time hybridonline delivery.

According to Alaska Bar data from 2006 to 2021, the ten most attended law schools of active members include the following, each with more than twenty-five alumni: Seattle University School of Law, Lewis and Clark, University of Washington School of Law, Vermont Law & Graduate School, University of Oregon School of Law, Willamette University College of Law, Gonzaga University School of Law, University of Michigan Law School, University of Minnesota Law School, and University of Montana School of Law. The Alaska law community has been characterized as especially collegial due to its size, with small degrees of separation between one’s peers. Alaska lawyers recognize that they all attend law school out of state and then choose to return.

What Do Alaska Law Firms Look Like?

There is no universal agreement about what is considered a “big” law firm, but a general consensus is that 15 or fewer lawyers are a small firm, 16 to 350 is medium sized, and a larger firm would usually have multiple locations and well over 350 to 1,000 lawyers. By that definition, the vast majority of Alaska law firms are small, with few exceptions.

According to the State of Alaska’s Quarterly Census of Employment and Wage data from January to December 2021, Alaska's 294 legal services firms paid just under $69 million to workers in legal occupations.

Federal workers in “legal and kindred services” occupations are not included in that number and are a significant employer of lawyers, according to the US Office of Personnel Management, with 192 individuals in attorney and support roles in September 2022. The largest legal

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employer is the State of Alaska, with a bit more than 200 individuals employed in the Department of Law and Alaska Court System, which includes judges, magistrates, attorneys, and clerks, as well as paralegals and all support workers.

Roughly 67 percent of the staff within the State of Alaska’s Department of Law have law degrees.

Another employment path for Alaska lawyers is serving as in-house counsel for a corporation’s law department. These individuals are charged with handling legal issues affecting the company, including employment, policy, tax, and regulatory matters. Often they also have managerial roles, overseeing work outsourced to attorneys at independent firms.

A notable difference between Alaska and the national legal market is the urban nature of law firms.

In December of 2013, the Alaska Department of Labor and Workforce Development in reported, “78 percent of legal jobs and 70 percent of firms were all based in a single

city: Anchorage.” This has not shifted significantly over the last ten years, with 75 percent of legal jobs and 63 percent of firms in Anchorage.

The Frontier of Alaska Law The Alaska Bar Association has identified the following change initiatives for the near future: expanding efforts to reduce the “access to justice” gap while exploring solutions to build attorney pipelines to Alaska; increasing public service and efficacy of Bar activities, which includes efforts to better engage rural and younger lawyers; and advancing efforts to ensure the Bar is more reflective of the people it serves in Alaska, which includes education on cross-culture awareness and promoting diversity.

The Supreme Court of Alaska recently adopted Rule 43.5, which is a waiver creating a “para-professional” law role. These are non-lawyers who can provide legal assistance in a limited capacity in civil matters under the supervision of Alaska Legal Services Corporation with the

intent of narrowing the justice gap.

Not unlike physician assistants and dental health aides, these individuals may bring legal services to some of Alaska’s most remote communities.

The impact that technology could have on legal services in the future is yet to be fully appreciated. Artificial intelligence, big data, and online courts are all changes that could be coming to the legal profession.

Tomorrow's lawyers will likely utilize these evolving systems to solve their clients’ problems.

Lincoln Garrick is an assistant professor, MBA director, and alumnus at Alaska Pacific University. He has more than twenty years of experience in the business, marketing, and communications fields providing public affairs and strategy services for national and Alaska organizations.

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O vinokurovyur y | envato

LEGAL

Endless Forms Most Bureaucratic Evolving federal requirements may affect Alaska small businesses, Native corporations

By Chris Slottee

ver the past forty years, federal government contracting has cemented its status as one of the primary drivers of the Alaska economy. Alaska Business’ annual Top 49ers routinely showcases businesses for whom federal government contracting comprises a significant portion of their revenue, establishing federal government contracting as a keystone of some of the top economic engines in Alaska. In fact, one study identified seventy-nine Alaska Native corporations (ANCs) (all thirteen regional corporations and sixty-six village corporations) that collectively owned a total of 1,396 enterprises engaged in some form of federal government contracting. These ANCs are estimated to have received more than $11 billion dollars in federal contracting revenue in 2021 alone for federal government contracting in Alaska, the Lower 48, and across the world.

While Alaska businesses’ share of federal government contracting dollars may be increasing, a combination of executive orders, regulatory actions by the Biden administration, and legal challenges raise significant issues that may impact operations in the future.

Increasing Minimum Wage Requirements For example, the federal government is continuing to contribute to the upward pressure on wages through its implementation of higher minimum wages for federal contractor employees. In 2021, President Joe Biden issued Executive Order 14026 that both increased the minimum wage owed to federal contractors and provided for annual inflation adjustments. Executive Order 14026 applies to construction contracts covered by the Davis-Bacon Act (which outlines prevailing wage requirements), service contracts covered by Service Contract Act, and concessions.

It applies to employees working on or in connection with the contract. As of January 1, 2023, the minimum wage for federal contractors increased to $16.20 (a 7.7 percent increase from the $15 per hour wage previously required), and that figure will increase in 2024. Federal contractors do have the ability to recover the additional costs incurred due to this new minimum wage. This includes costs incurred to give other employees higher wages and avoid wage compression.

Notably, this increase in the federal contractor minimum wage is being implemented via an executive order that was issued after Congress had rejected legislation that would have adopted a similar increase. Accordingly, several states, including Indiana, Idaho, Arizona, Nebraska, and South Carolina, are currently challenging the legality of President Biden’s executive order in Mark Brnovich, et al. v. Joseph R. Biden, et al. While their legal challenge was dismissed at the district court level, that dismissal is being appealed to the Ninth Circuit Court of Appeals. Federal contractors in Alaska should monitor this legal challenge, as it may result in an injunction against the executive order.

Growing Cybersecurity Demands Federal contractors should also be bracing for significant changes in their cybersecurity obligations. In May of 2023, the National Institute of Standards and Technology (NIST) issued a draft update to NIST SP 800-171, which details 14 | August 2023

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the cybersecurity benchmarks that will be imposed upon federal contractors whose contracts require them to access certain types of government information. This can include extremely basic data sets and information to Controlled Unclassified Information. This update is part of a government-wide effort to protect federal data on nonfederal systems or organizations and to combat the rising tide of cyberattacks.

In concert with NIST’s updated benchmarks, the US Department of Defense is expected to begin implementing its revised Cybersecurity Maturity Model Certification (CMMC) program in 2023.

This new model consolidates the previous five-level model into three levels, with heightened standards for contractors’ progression to each security level. Compliance with CMMC will be a contract requirement once the rulemaking process is completed and will require federal contractors to confirm that their IT policies, standards, and procedures are up-to-

date and that all of their cyber assets are known and properly categorized.

It is also likely that federal agencies will continue moving towards a “zero trust” approach, which means that instead of relying on a secure network perimeter, the focus will be on security protocols applying to discrete users, assets, and resources.

Many federal contractors will need to update their cybersecurity protocols, including potentially implementing twofactor authentication, biometric access controls, and segregation of data in order to comply. Finally, upon incorporating these changes, the US Department of Defense will require its contractors to have their compliance with CMMC protocols verified by third party assessors, who will be accredited by the Cyber Accreditation Body (often referred to as Cyber AB).

Assessors, in addition to assigning the contractor a “level” based upon its degrees of compliance with CMMC benchmarks, will spotlight areas of improvement and provide feedback

to the contractor. These revisions to the CMMC model and benchmarks will likely impose additional costs on federal contractors to obtain the required verification, as well as potential delays in identifying available third-party verifiers. This is an ideal time for federal contractors to take proactive steps to push their IT systems into compliance with recent updates by NIST and with the CMMC protocols. Contractors who fail to take initiative run the risk of being lost in the churn of similar latecomers attempting to rush certification.

Potential SBA 8(a) Upheaval There are also ongoing legal challenges to US Small Business Administration (SBA) programs on the grounds that the contracting benefit they provide to minorityowned enterprises, including ANCs, is unconstitutional racial discrimination.

For example, Ultima Services Corporation v. U.S. Department of Agriculture et al. is a legal challenge to the constitutionality of the SBA’s

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Alaska Business

August 2023 | 15

8(a) business development program.

The central issue in Ultima is whether the 8(a) program, and in particular the 8(a) program’s presumption that certain small business owners are socially disadvantaged, violates the Fifth Amendment’s guarantee of equal protection.

Participants in the 8(a) program receive business development assistance from the SBA, including the opportunity to compete for federal contracts that are set aside for program participants and the potential for sole-source contract awards.

For small businesses not owned by ANCs, federally recognized tribes, or Native Hawaiian organizations, the owner of the small business must be socially and economically disadvantaged to be eligible to participate in the 8(a) program.

Certain nationalities and ethnicities are presumed by the SBA to be socially disadvantaged, while federally recognized tribes and Alaska Native corporations are statutorily deemed to be socially

disadvantaged. Ultima is arguing that the 8(a) program is unconstitutional because Ultima’s owner, a white woman, does not fall within the group of small business owners who are presumed to be socially disadvantaged. Ultima also argues that the 8(a) program was established as a race-neutral program and that when the SBA adopted and began employing the race-conscious presumption in the mid-’80s, it did so without congressional approval or authority.

Ultima’s case is currently awaiting decision by a US District Court in Tennessee. While the SBA’s small business programs, including those for minority-owned enterprises, have survived legal challenge in the past, these legal challenges may find a more receptive audience with the current US Supreme Court.

If Ultima prevails, the case could have a seismic effect on the 8(a) program, with potential collateral implications for ANCs and tribes engaged in federal contracting through the 8(a) program. Success

by Ultima could result in pauses or delays in the 8(a) program as the SBA attempts to sort through a finding that its presumptions of eligibility are unconstitutional and invalid. Such a finding would likely also result in myriad unexpected and far-ranging impacts on the 8(a) program as a whole. As such, Alaska small businesses participating in the 8(a) program, including ANCs and tribes, should continue to monitor the status of Ultima’s lawsuit and its consequences.

A related case is Jeffery Nuziard, et al. v. Minority Business Development Agency, et al., where on June 5, 2023, a federal district court in Texas found that the Minority Business Development Agency’s (“MBDA”) presumption of social or economic disadvantage for certain ethnicities did not survive strict scrutiny and was therefore unconstitutional racial discrimination. This case is one for federal contractors to follow because the presumption of social or economic disadvantage used by the MBDA is very similar

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to the presumptions used by the SBA for admission to the SBA’s 8(a) government contracting program, and therefore, like Ultima, Nuziard may be used a basis to challenge aspects of the SBA’s 8(a) government contracting program.

Pending Changes to Non-competes Finally, the Biden administration is acting aggressively to advance its perspective on protecting workers’ rights, particularly with regard to non-compete and nondisparagement clauses. The Federal Trade Commission (FTC) has proposed a sweeping ban on noncompete agreements that apply to any employee post-employment, regardless of their position, salary, or other factor. The only exception to the FTC’s broad ban would be non-compete agreements executed in connection with the sale of a business. The FTC received more than 27,000 comments on its proposed ban and is expected to vote on its current form or a version

incorporating the received comments in early 2024.

Similarly, the National Labor Relations Board (NLRB) has taken the position that Section 7 of the National Labor Relations Act (NLRA) bars non-compete agreements and broad non-disparagement clauses in employment or separation agreements for employees covered by the NLRA. The NLRB’s general counsel has further claimed that it is an unfair labor practice to even offer an employee an employment or separation agreement that contains these types of provisions. For many federal contractors, the use of noncompete and non-disparagement agreements is common, particularly with senior level and business development focused employees.

As such, federal contractors should continue to monitor the efforts by the Biden administration to bar or otherwise limit the use of noncompete, non-disparagement, and similar agreements or provisions.

The rules governing federal contractors are constantly in

flux, given the varying executive orders and initiatives from the current administration and resulting litigation challenging some of those actions. Federal contractors should continue to monitor changes in the laws governing federal contractor employees, their cybersecurity obligations, and their opportunities under SBA programs.

Schwabe attorney Chris Slottee has more than fifteen years of experience working with Alaska Native Corporations, tribal governments, settlement trusts, and more. Based in Anchorage, Slottee leads the Indian Country and Alaska Native Corporations industry group for Schwabe.

This article summarizes aspects of the law and does not constitute legal advice. For legal advice, contact an attorney.

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Alaska Business

August 2023 | 17

LEGAL

The Corporate Transparency Act

New reporting requirements for Alaska businesses

By Alex Kubitz and Ben Spiess

U

nder a new federal law to address money laundering and other financial crimes, business entities must file new information reports with the US Department of the Treasury starting January 1, 2024.

The Corporate Transparency Act (CTA) requires an informational filing with the Treasury Department’s Financial Crimes Enforcement Network (FinCEN).

The purpose of the CTA is to combat money laundering, terrorism, and human trafficking. The filings provide law enforcement with information on the ownership and control of business entities obscured behind shell companies and non-disclosure.

The information is confidential and, generally, will be available only to law enforcement and banks.

However, the law imposes a strict and—in some cases—complex reporting burden on many businesses.

Who Must Report?

In general, every entity created by filing a document with a state or under tribal law, along with foreign entities registered in the United States, is a “reporting company” required to file with FinCEN. Reporting companies include corporations, LLCs, limited partnerships, nonprofits, and professional corporations. They do not include partnerships, sole proprietorships, or other entities that are not formed by filing paperwork with a government agency. Reporting entities must disclose basic information about the person creating the entity, as well as details about entity owners, managers, and officers.

18 | August 2023

While the reporting obligation appears straightforward, often it’s not clear whether an entity must file.

There are important exemptions for entities considered by FinCEN to be low risk or already highly regulated: 1. Large Operating Companies: Entities with more than twenty full-time employees and more than $5 million in gross revenue.

2. Subsidiaries of Large Operating Companies: Subsidiaries controlled or wholly-owned, directly or indirectly, by a Large Operating Company (or other exempt entity).

3. Government agencies or authorities.

4. Banks, credit unions, and insurance companies.

5. Public utilities.

6. Tax-exempt entities under § 501 of the Internal Revenue Code.

7. Other Highly-Regulated Entities: Entities subject to reporting under the federal Securities Exchange Act, Investment Company Act, or the Commodity Exchange Act. 8. Most trusts, including Alaska Native Settlement Trusts (because trusts are not created by filing).

Beneficial Ownership A reporting company must provide information about its beneficial owners. Determining when this obligation to report on beneficial owners arises and what must be disclosed can be complex. Any individual who directly or indirectly exercises or has substantial control or influence over the reporting company or directly or indirectly owns or

controls at least 25 percent of the ownership interests of the reporting company is a “beneficial owner.”

For example, if an Alaska Native regional corporation owns 25 percent of an LLC, the LLC would have to disclose information about beneficial ownership of the Alaska Native corporation. This could mean disclosing individuals in senior management. Who, exactly, will depend on the organizational and operational structure of the Alaska Native corporation. Guidance on this issue is still evolving, and companies should seek counsel to determine which members of management must be reported.

In another example, if an Alaska Native regional corporation only owns 20 percent of an LLC, but it is also the manager of the LLC, the LLC would have to disclose information about beneficial ownership of the Alaska Native corporation (including individuals in senior management).

Reporting requirements may apply directly to some smaller Alaska Native village corporations as well. Some village corporations that do not have more than twenty employees and $5 million in annual gross revenue will have to report beneficial ownership information. This could include officers, management, possibly some or all directors, and others who have substantial control over the corporation.

As a first step toward compliance, all businesses should evaluate their organizational structure, including any investments through subsidiaries. Any entity with less than

Alaska Business www.akbizmag.com

twenty employees and $5 million in revenue must report unless they qualify for another exemption.

Basic Information Besides providing general information about the entity, a reporting company must report the following information about each “company applicant” that files the formation documents of the entity and each “beneficial owner”: name, date of birth, residential address, and a “unique identifying number” associated with the person, such as a driver’s license number. A copy of the document providing the unique identifying number also must be provided.

Note that, with few exceptions, the information to be reported relates to individuals, not entities.

Organizational structures are collapsed for purposes of CTA reporting so that information must be provided about the individuals who ultimately own or control reporting companies or beneficial owners.

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Timing of Reporting Reporting is required for all new entities starting January 1, 2024.

Entities formed before 2024 must comply by filing by January 1, 2025, and do not have to report “company applicant” information.

An initial FinCEN report must be filed within thirty days of formation. There is no annual, biennial, or other periodic reporting requirement. However, an updated report must be filed if there is a change in beneficial ownership, a change or correction in any previously reported information, or if an entity later qualifies for an exemption (e.g., hires additional employees to meet the twenty-employee benchmark). The update must be filed within thirty days after the change.

Should You Apply for a FinCEN Identifier?

Individuals that have an ownership interest in or control numerous reporting companies may want to consider applying for a FinCEN identifier. Privacy-minded individuals may also want to consider applying

Alaska Business

for a FinCEN identifier. The application asks for the same beneficial ownership information, which the individual must update as needed. The applicant receives a unique FinCEN identifier, which can be supplied to reporting companies in lieu of the required beneficial ownership information.

FinCEN is still developing the forms and website to make applications and submit reports.

Penalties for Non-Compliance The CTA comes with teeth. Noncompliance could result in civil and criminal penalties for reporting companies and for beneficial owners who provide false or incomplete information. Reporting violations are punishable by civil penalties of up to $500 per day that the violation is outstanding, fines of up to $10,000, and imprisonment for up to two years.

Alex Kubitz and Ben Spiess are attorneys in Anchorage with Landye Bennett Blumstein. Additional CTA information is available online at lbblawyers.com/resources.

August 2023 | 19

LEGAL

Setting a High Bar Q&A with the Alaska Bar Association

T

he Alaska Bar Association is a resource for both lawyers and the community engaging with the legal industry. Below, a spokesperson for the Alaska Bar Association answers our questions about what services the bar provides and its goals for the future.

Alaska Business: What are the principal goals/activities of the Alaska Bar Association?

Alaska Bar Association: The purposes of the Alaska Bar Association are to regulate the practice of law; promote reform in the law and in judicial procedure; facilitate the administration of justice; encourage continuing legal education for the membership; and increase the public service and efficiency of the Bar. The Alaska Bar recently adopted a strategic plan for 2023-2025 with three goals: 1. Reduce the access-to-justice-gap and build an attorney pipeline.

2. Ensure the Bar is more reflective of the people it serves.

3. Increase public service and efficiency of the Bar: engage, understand, and communicate.

AB: Are lawyers practicing in Alaska required to be a member of the Alaska Bar Association?

Alaska Bar Association: Yes, Alaska is a mandatory bar state, which means that practicing attorneys in Alaska have to be Alaska Bar members. There are some limited exceptions to this rule.

AB: One of the statistics in your 2022 Annual Report is that the Bar 20 | August 2023

processed 181 grievances against attorneys. The law community is in many ways self-regulating. What are the pros and cons of legal experts taking on a regulatory role over their peers?

Alaska Bar Association: The Preamble to the Alaska Rules of Professional Conduct [ARPC] discuss self-governance in a way that makes it helpful to understand: “The legal profession is largely self-governing. Although other professions also have been granted powers of self-government, the legal profession is unique in this respect because of the close relationship between the profession and the processes of government and law enforcement. This connection is manifested in the fact that ultimate authority over the legal profession is vested largely in the courts.

“To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated. Selfregulation also helps maintain the legal profession’s independence from government domination. An independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice.

“The legal profession’s relative autonomy carries with it special responsibilities of self-government.

The profession has a responsibility to assure that its regulations are conceived in the public interest and not in furtherance of parochial or self-

interested concerns of the bar. Every lawyer is responsible for observance of the Rules of Professional Conduct.

A lawyer should also aid in securing their observance by other lawyers.

Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves.”

AB: Related to the statistic in the previous question, what are common grievances against attorneys?

What kind of issues lead to a private admonition, public censure, or disbarment?

Alaska Bar Association: Common grievances include allegations of lack of diligence/neglect of client matters, failure to communicate/ respond to communications, and conflicts of interest. The issues that lead to private admonitions include less serious violations of the rules, for example, a lack of competence in an area of the law or minor conflicts of interest that did not cause harm to clients. Other issues that lead to public discipline might include neglecting client matters, disobeying court orders, serious conflicts of interest, or failure to safe-keep client property.

Disbarment is usually a result of serious attorney misconduct involving, for example, theft or conversion of client property, engaging in serious criminal conduct (or conduct involving fraud or misrepresentations that was not charged as a crime), abandoning a practice and harming multiple clients, or practicing law while suspended for previous misconduct.

Alaska Business www.akbizmag.com

AB: The Alaska Bar coordinates two pro bono avenues: free legal clinics on Martin Luther King Jr. Day and Alaska Free Legal Answers, a webbased clinic. What’s the value that the Alaska Bar sees in ensuring these events take place, and what kind of feedback have you gotten from the community about them?

Alaska Bar Association: Being a lawyer in Alaska comes with the important opportunity encouraged

by ARPC 6.1 of performing pro bono service to low-income Alaskans with civil legal needs. In addition to the pro bono avenues you mentioned above, the Alaska Bar also coordinates to put on the Elizabeth Peratrovich Legal Clinic at the AFN [Alaska Federation of Natives] conference. Our pro bono director also works with nonprofit legal providers to help encourage our Bar members to provide free or low-cost legal services to our Alaskan community.

One participant said of the Martin

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Luther King Jr. Day Clinic: “It was super helpful, pointed us in a good direction, and relieved an awful lot of stress about a situation. I would definitely encourage anyone struggling with a legal situation to take advantage!”

AB: Ongoing education is a requirement for practicing lawyers; why is this important?

Alaska Bar Association: Encouraging CLE [continuing legal education] of our members is part of the Bar’s purposes. Our members have communicated to us why they think MCLEs [mandatory continuing legal education] are important: MCLEs force attorneys to prioritize staying updated with legal developments; it helps them gain awareness of new topics and legal advancements; and, when done together, CLEs can increase a sense of community.

AB: Are there any other issues or topics related to attorneys, the legal

industry, or the Alaska Bar you’d like to address?

Alaska Bar Association: The Board of Governors voted in May of 2021 to create a Diversity Commission. The formation of the commission was part of the board’s goal to create a more equitable, inclusive, and diverse organization and to increase the membership of Black, Indigenous, and People of Color (BIPOC) in the Alaska Bar Association. The Diversity Commission was tasked with furnishing a report to the board which identified barriers and impediments confronting BIPOC lawyers within the Bar and identified ways to better attract, recruit, retain, and support BIPOC lawyers in Alaska. On June 12, 2023, the Board of Governors of the Alaska Bar Association approved the Diversity Commission’s Final Report, which identified ten barriers and proposed actions to address them.

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Alaska Business

August 2023 | 21

LEGAL ELITE

Alaska Business Legal Elite Welcome to the inaugural Alaska Business Legal Elite!

This list features Alaska’s most talented attorneys as nominated by their peers.

Here’s what we did: earlier this year we invited licensed Alaskan attorneys to nominate licensed lawyers practicing in Alaska who they think excel in providing legal services. Once the online survey process was completed, a third-party data collection specialist verified that the nominated lawyers have a current license. The final list of Legal Elite represents about 8 percent of practicing lawyers in the state, all of whom were selected by those who are intimately knowledgeable about what it takes to be a good lawyer.

The lawyers you’ll find in the Legal Elite occupy a range of legal roles, from working for the State to in-house counsel to traditional law firms. That means this list is not a directory of attorneys for hire, though many of them would be happy to provide you with legal services.

It is instead a representation of the cream of the legal industry crop in Alaska.

22 | August 2023

Alaska Business www.akbizmag.com

A L A SK A N AT I V E L AW

PHILIP BLUMSTEIN Landye Bennett Blumstein 907-276-5152 Anchorage

PETER BOSKOFSKY Koniag

907-561-2668 Kodiak

ANNA CHAPMAN CRARY Landye Bennett Blumstein 907-276-5152 Anchorage

KEVIN M. CUDDY Stoel Rives

RICHARD D. MONKMAN

Sonosky, Chambers, Sachse, Miller & Monkman

907-257-5304 Anchorage

BONNIE J. PASKVAN Dorsey & Whitney 907-257-7813 Anchorage

907-258-6377 Anchorage

KAY E. MAASSEN GOUWENS

Sonosky, Chambers, Sachse, Miller & Monkman 907-258-6377 Anchorage

ANDREW MARCH

Schwabe, Williamson & Wyatt 907-339-7146 Anchorage

MATT MEAD

Landye Bennett Blumstein 907-276-5152 Anchorage

LLOYD B. MILLER

Sonosky, Chambers, Sachse, Miller & Monkman 907-258-6377 Anchorage

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State of Alaska - District of Alaska 907-451-2811 Fairbanks

SUSAN ORLANSKY

American Civil Liberties Union of Alaska 907-258-0044 Anchorage

REBECCA A. PATTERSON

JOHN M. STARKEY Landye Bennett Blumstein

Sonosky, Chambers, Sachse, Miller & Monkman

CHRISTOPHER SLOTEE

Sonosky, Chambers, Sachse, Miller & Monkman

MARY LUNDQUIST

Davis Wright Tremaine

CASEY K. GILMORE

WHITNEY A. LEONARD

907-276-4331 Anchorage

VANESSA NORMAN

907-258-6377 Anchorage

907-276-5152 Anchorage

Ashburn & Mason

907-586-5880 Juneau

907-263-8410 Anchorage

Landye Bennett Blumstein

MATTHEW T. FINDLEY

907-276-5152 Anchorage

JAMES E. TORGERSON Stoel Rives

Schwabe, Williamson & Wyatt

907-263-8404 Anchorage

AV I AT ION, M A R I T I M E & T R A NSPORTAT ION

PETER J. CALTAGIRONE

Caltagirone Legal 907-202-1031 Anchorage

JOHN E. CASPERSON

Holmes Weddle & Barcott 206-292-8008 Anchorage

BRENT R. COLE

Law Office of Brent R. Cole 907-277-8001 Anchorage

MARK C. MANNING Mark C. Manning 907-278-9794 Anchorage

JACK POULSON

Poulson & Woolford

907-339-7130 Anchorage

DIANE WENDLANDT

907-586-6529 Juneau

CHRISTINE WILLIAMS

907-269-6260 Anchorage

HERBERT RAY

Alaska Department of Law - Criminal Division

Outlook Law

907-301-7273 Anchorage

A RCT IC L AW

RICHARD A. CAMILLERI

A PPE L L AT E L AW

BROOKE BERENS

State of Alaska Office of Public Advocacy 907-269-6075 Anchorage

ELIZABETH BURKE

Alaska Department of Law - Criminal Division 907-269-6260 Anchorage

JENNIFER M. COUGHLIN

Landye Bennett Blumstein 907-868-9293 Anchorage

Landye Bennett Blumstein 907-868-9228 Anchorage

SANDER B. GOLDTHWAIT

Caltagirone Legal 907-215-1351 Anchorage

ELIZABETH SAAGULIK HENSLEY NANA Regional Corporation 907-265-4100 Anchorage

Schwabe, Williamson & Wyatt 907-339-7126 Anchorage

ROBERT L. RICHMOND

Richmond & Quinn 907-276-5727 Anchorage

MICHAEL S. SCHECHTER

Ashburn & Mason 907-276-4331 Anchorage

BA N K RU P TC Y L AW

MICHELLE BOUTIN Landye Bennett Blumstein 907-276-5152 Anchorage

ANDY ERICKSON

JENNIFER HOLLAND

907-868-9233 Anchorage

907-279-3333 Anchorage

Law Offices of Jennifer L. Holland

Landye Bennett Blumstein

Alaska Business

August 2023 | 23

ROBERT H. HUME JR. Landye Bennett Blumstein 907-868-9215 Anchorage

BRUCE A. MOORE Landye Bennett Blumstein 907-276-5152 Anchorage

MICHAEL PARISE Lane Powell

907-264-3322 Anchorage

MICHAEL A. GRISHAM

MAUDE BLAIR

907-257-7829 Anchorage

907-729-4955 Anchorage

Southcentral Foundation

Dorsey & Whitney

JOHN D. KAUFMAN Stoel Rives

907-263-8405 Anchorage

Stoel Rives

907-263-8450 Anchorage

JAMES N. LEIK Perkins Coie

WALTER FEATHERLY

907-263-6923 Anchorage

Calista Corporation

COLE M. LINDEMANN Manley & Brautigam

BUSI N E S S L AW

WILLIAM M. BANKSTON

Bankston Gronning Brecht 907-276-1711 Anchorage

Stoel Rives

REBECCA E. LIPSON Ashburn & Mason

JULIAN L. MASON 907-276-4331 Anchorage

907-257-7803 Anchorage

MARK P. MELCHERT

Clayton & Diemer 907-276-2999 Anchorage

BRIAN W. DURRELL Durrell Law Group 907-258-3224 Anchorage

ZOE A. EISBERG

Birch Horton Bittner & Cherot 907-802-2998 Anchorage

907-263-8405 Anchorage

ALEXANDER J. KUBITZ

907-276-4331 Anchorage

Ashburn & Mason

PETER M. DIEMER

907-275-2800 Anchorage

JOHN D. KAUFFMAN

907-334-5600 Anchorage

RYAN COLE

Dorsey & Whitney

ANDREA N. CANFIELD

Jermain, Dunnagan & Owens 907-261-6607 Anchorage

MICHAEL R. MILLS Dorsey & Whitney 907-276-4557 Anchorage

Landye Bennett Blumstein 907-868-9219 Anchorage

MELANIE OSBORNE Chugach Alaska Corporation 907-563-8866 Anchorage

SARAH SHINE

Arctic Slope Regional Corporation 907-339-6000 Anchorage

BRIAN RIEKKOLA

North Star Law Group 907-205-4434 Anchorage

ALLEN TODD Doyon Anvil

907-276-2747 Anchorage

MICHAEL ROSE

Alaska Department of Administration - Office of Administrative Hearings 907-465-1886 Douglas

907-205-4434 Anchorage

E L DE R L AW

ILONA BESSENYEY

CHRISTOPHER WALKER

Bessenyey & Van Tuyn 907-278-2000 Anchorage

Faulkner Banfield 907-523-6126 Juneau

BETH GOLDSTEIN

Alaska Office of Public Advocacy

MICHAEL GERAGHTY Holland & Hart 907-865-2610 Anchorage

COR POR AT E COU NSE L

907-269-3500 Anchorage

Davis Wright Tremaine 907-257-5319 Anchorage

KIM DUNN

Landye Bennett Blumstein 907-868-9215 Anchorage

BILL EVANS

Sedor Wendlandt Evans & Filippi 907-677–3600 Anchorage

GREGORY S. FISHER Littler Mendelson 907-561-1214 Anchorage

DAVID M. FREEMAN Holmes Weddle & Barcott 907-274-0666 Anchorage

EVA R. GARDNER Ashburn & Mason 907-276-4331 Anchorage

ELIZABETH P. HODES

Davis Wright Tremaine 907-257-5300 Anchorage

LEE HOLEN

Lee Holen Law Office 907-278-0298 Anchorage

Davis Wright Tremaine 907-257-5312 Anchorage

MICHAEL E. O’BRIEN Davis Wright Tremaine 907-257-5300 Anchorage

DANIELLE M. RYMAN Perkins Coie

907-263-6927 Anchorage

STEPHANIE AICHER

PATTI A. VECERA

907-263-5191 Anchorage

907-257-5383 Anchorage

Cook Inlet Region, Inc. 24 | August 2023

JACK DAY

KRISTAL LEONARD

North Star Law Group

KATHLEEN A. FREDERICK

E M PLOY M E N T L AW

Davis Wright Tremaine

Alaska Business www.akbizmag.com

E N V I RON M E N TA L & N AT U R A L R E SOU RCE S

LYNN T. MANOLOPOULOS

SHANNON M. BLEICHER

907-257-5300 Anchorage

Stoel Rives

907-263-8421 Anchorage

SCOTT BROADWELL Davis Wright Tremaine 907-257-5339 Anchorage

ROBERT CORBISIER Alaska State Commission for Human Rights 907-276-7474 Anchorage

ZJOK DURST

State of Alaska Department of Law 907-269-5100 Anchorage

ERIC B. FJELSTAD Perkins Coie

907-263-6973 Anchorage

MARY GRAMLING State of Alaska Department of Law 907-465-3600 Juneau

TINA M. GROVIER Stoel Rives

907-263-8424 Anchorage

Davis Wright Tremaine

RAMONA L. MONROE Stoel Rives

907-263-8445 Anchorage

AARON PETERSON Anchorage Superior Court 907-269-5190 Anchorage

ELENA ROMERDAHL Perkins Coie

907-276-4244 Anchorage

MIKE JUNGREIS Reeves Amodio 907-222-7105 Anchorage

907-263-6914 Anchorage

Alaska Department of Law 907-269-5190 Anchorage

MATTHEW SINGER

Schwabe, Williamson & Wyatt 907-339-7129 Anchorage

BLYSS CRUZ Cruz Law

907-313-9605 Anchorage

STEPHEN GREER Stephen Greer Law 907-561-5520 Anchorage

MELANIE IVERSON KAUFMAN Foley & Pearson

Landye Bennett Blumstein 907-276-5152 Anchorage

PETER VAN TUYN

STEVEN T. O’HARA

907-278-2000 Anchorage

907-223-5911 Anchorage

WILLIAM M. PEARSON

Foley & Pearson

STUART CAMERON RADER

907-334-5600 Anchorage

907-258-3224 Anchorage

O’Hara Tax Lawyer

907-522-2272 Anchorage

Manley & Brautigam

Ingaldson Fitzgerald 907-258-8750 Anchorage

Durrell Law Group

CAMERON MILEHAM LEONARD

BETHANN BOUDAH CHAPMAN

907-263-6975 Anchorage

907-523-6147 Juneau

907-276-5152 Anchorage

TONJA WOELBER

Woelber & Associates 907-272-0024 Anchorage

ET H IC S & COM PL I A NCE

MATTHEW STINSON State of Alaska Department of Law 907-269-6612 Anchorage

DOROTHEA G. AGUERO

907-334-5600 Anchorage

PETER B. BRAUTIGAM

Landye Bennett Blumstein

907-334-5600 Anchorage

Manley & Brautigam

907-263-8427 Anchorage

E STAT E PL A N N I NG & PROBAT E L AW

RYAN J. THOMAS

FA M I LY L AW

Manley & Brautigam

Bessenyey & Van Tuyn

Liz Smith Law

CHRISTOPHER P. LAUER

ROBERT L. MANLEY

Stoel Rives

907-272-8577 Anchorage

www.akbizmag.com

907-312-5436 Juneau

CONNOR SMITH

ANN M. BRUNER

Perkins Coie

907-334-5600 Anchorage

KARL A. KAUFMAN

PATRICK SHERRY

JONATHON KATCHER

Pope & Katcher

ELIZABETH SMITH

Manley & Brautigam

907-522-2272 Anchorage

LYDIA HEYE

Trustees for Alaska

MARIBETH CONWAY

Dorothea G Aguero Attorney at Law 800-481-7140 Anchorage

RACHEL K. BERNGARTT

Baxter Bruce & Sullivan 907-789-3166 Juneau

NICOLE DAUSSIN Law Office of Nicole Daussin 907-390-0004 Palmer

MAURICE NATHANIEL ELLIS

Law Office of Maurice N. Ellis 907-258-1239 Anchorage

CHELSEA RAY RIEKKOLA

MICHAEL GERSHEL

907-522-2272 Anchorage

907-274-9099 Anchorage

Foley & Pearson

The Law Offices of Michael Gershel

DAVID ROHLFING

ADAM GULKIS

907-276-6015 Anchorage

907-205-4434 Anchorage

Faulkner Banfield

Shaftel Law Offices Alaska Business

North Star Law Group August 2023 | 25

RYAN LONERGAN Stohler & Lonergan 907-745-8877 Palmer

STEFAN OTTERSON Otterson Law & Mediation 907-868-5050 Anchorage

MARGARET ROGERS Rogers Law Group

JAMES STINSON

Alaska Department of Administration - Office of Public Advocacy 907-269-3500 Anchorage

MARC W. JUNE

907-274-0666 Anchorage

GABRIEL E. SASSOON

907-263-7215 Anchorage

Law Office of Marc June 907-277-5234 Anchorage

Birch Horton Bittner & Cherot

907-789-3166 Juneau

H E A LT HC A R E L AW

JASON WEINER

CAROLYN HEYMAN

907-452-5196 Fairbanks

G OV E R N M E N T & A DM I N IST R AT I V E

LEE BAXTER

Schwabe, Williamson & Wyatt 907-339-7132 Anchorage

MICHAEL KRAMER Kramer & Associates 907-888-4098 Anchorage

ROBERT A. MAYNARD Perkins Coie

907-263-6921 Anchorage

Sedor Wendlandt Evans & Filippi

Pentlarge Law Group

REBECCA LINDEMANN

Richmond & Quinn 907-276-5727 Anchorage

PU BL IC CON T R ACTS

WILLIAM CASON Holland & Hart 907-865-2616 Anchorage

TRAEGER MACHETANZ

Davis Wright Tremaine 907-257-5300 Anchorage

ANNE MARIE TAVELLA

Davis Wright Tremaine 907-257-5345 Anchorage

ROBIN BRONEN

907-276-5727 Anchorage

S. LANE TUCKER

NEIL T. O’DONNELL

907-271-5071 Anchorage

907-242-5800 Anchorage

R E A L E STAT E L AW

PETER SANDBERG

SARAH A. BADTEN

Richmond & Quinn

Alaska Institute for Justice 907-279-2457 Anchorage

Cascadia Cross Border Law Group

JULIE FIELDS

Fields Immigration Law Office 907-644-2884 Anchorage

Ingaldson Fitzgerald 907-258-8750 Anchorage

MARGARET D. STOCK

Cascadia Cross Border Law Group 907-242-5800 Anchorage

MICHAEL J. SCHNEIDER

Law Offices of Michael J. Schneider 907-331-4050 Anchorage

907-868-9224 Anchorage

MATTHEW K. PETERSON

AARON D. SPERBECK

907-885-0571 Anchorage

MEG SIMONIAN Dillon & Findley 907-519-7816 Anchorage

Clapp, Peterson, Tiemessen, Thorsness

JASON SKALA

Law Office of Jason Skala 907-569-6633 Anchorage

Birch Horton Bittner & Cherot

N E W L AW Y E R S

TAYLOR THOMPSON

WHITNEY A. BROWN

907-272-9322 Anchorage

Stoel Rives

907-263-8413 Anchorage 26 | August 2023

907-276-1700 Anchorage

JAMES NOLAN

LESLIE R. NEED

907-263-7214 Anchorage

Atkinson Conway & Gagnon

907-677-3600 Anchorage

M E DI AT ION & A R BI T R AT ION

Landye Bennett Blumstein

ROBERT J. JURASEK 907-341-4058 Anchorage

Baxter Bruce & Sullivan

Jason Weiner and Associates

RICHARD VOLLERTSEN

907-274-5646 Anchorage

Holmes Weddle & Barcott

HOLLY C. WELLS

J. MITCHELL JOYNER

Law Office of J. Mitchell Joyner

STACEY STONE

907-458-1080 Fairbanks

PE R SON A L I N J U RY

Thompson Law Group

US Attorney’s Office District of Alaska

Birch Horton Bittner & Cherot 907-263-7210 Anchorage

LAUREN SOMMER BOSKOFSKY Landye Bennett Blumstein 907-868-9217 Anchorage

SARAH C. GILLSTROM

Davis Wright Tremaine 907-257-5328 Anchorage

JOSHUA D. HODES Landye Bennett Blumstein 907-276-5152 Anchorage

BARBARA SIMPSON KRAFT Davis Wright Tremaine 907-257-5324 Anchorage

Alaska Business www.akbizmag.com

NICHOLAS MICHAEL MARTIN Law Offices of Royce & Brain 907-258-6792 Anchorage

DONALD W. MCCLINTOCK

Ashburn & Mason

P R O M OT I O N A L S E C T I O N

WOR K E R S ' COM PE NS AT ION

LEGAL ELITE

JUSTIN S. EPPLER

Law Office of Justin S. Eppler 907-770-0400 Anchorage

907-276-4331 Anchorage

REBECCA HOLDIMAN-MILLER

JAMES H. MCCOLLUM

907-274-0666 Anchorage

Holmes Weddle & Barcott

McCollum & Rounds 907-770-7754 Anchorage

BENJAMIN W. SPIESS Landye Bennett Blumstein

MICHELLE M. MESHKE

Meshke Paddock & Budzinski 907-258-1747 Anchorage

907-276-5152 Anchorage

STEVEN TERVOOREN Hughes White Colbo & Tervooren 907-274-7522 Anchorage

The Legal Elite are Alaska’s top lawyers as nominated by their peers. Throughout the month of March and

2023

into April, locally licensed lawyers had the opportunity to recognize other lawyers

TA X AT ION L AW

that they see excelling in the legal profession. To create

JONATHAN E. IVERSEN Stoel Rives

907-263-8420 Anchorage

CHRISTY LEE

Law Offices of Christy Lee 907-339-9931 Anchorage

FRANCIS STEVEN MAHONEY Manley & Brautigam 907-334-5600 Anchorage

the list, Alaska Business contracted DataJoe Research. We recognize that there are many good lawyers who are not shown in this representative list.

This is only a sampling of

YOUR GUIDE TO SOME OF ALASKA'S TOP LEGAL PROFESSIONALS

the huge array of talented professionals within the region. Inclusion in the list is based on the opinions of responding lawyers in the region. We take time and

JASON WEINER JASON WEINER AND ASSOCIATES...................... 28

energy to ensure fair voting, although we understand that the results of this survey

CHARLES F. SCHUETZE

nomination and Internet

907-334-5600 Anchorage

certainly do not discount

Manley & Brautigam

FEATURED PROFILES

ANNE MARIE TAVELLA DAVIS WRIGHT TREMAINE..................................... 29

research campaign are not an objective metric. We the fact that many good and effective lawyers may

LAUREN SOMMER BOSKOFSKY LANDYE BENNETT BLUMSTEIN........................... 29

not appear on the list.

www.akbizmag.com

Alaska Business

August 2023 | 27

LEGAL ELITE

JASON WEINER

Family Law Jason Weiner and Associates PC Fairbanks Q: Why do you choose to live and work in Alaska?

Living in Alaska allows me to be close to my family and enjoy the spectacular scenery unique to our state.

By focusing on public contract law, I maintain a national practice under a federal law framework, including assisting Alaska-based clients with out-of-state disputes. It gives me the flexibility to work on cases in Alaska and the Lower 48, including Washington where I am also licensed. With DWT’s variety of practice groups and deep bench of attorneys, I am able to field the needs of my clients beyond my areas of focus.

Q: What charitable organizations do you volunteer for?

Fairbanks Ski Coalition, Nordic Ski Club.

907.452.5196 | 1008 16th Ave #200 anchorageaklaw.com info@fairbankslaw.com

LAUREN SOMMER BOSKOFSKY

Real Estate Law

Landye Bennett Blumstein LLP Anchorage Why do you choose to live and work in Alaska?:

I met my husband Peter in law school. Peter is originally from Chignik Lake, and we came back to Alaska after graduation (14 years and 3 kids ago!). I have been at LBB for almost 10 years. I have a great time with my colleagues and clients, and am fortunate to get to work on a variety of real estate deals. My favorites are those with a special “Alaska” flavor.

What’s a pro bono case you were proud to work on and why?:

I used to volunteer regularly with the AK Landlord Tenant Hotline.

So many of our community members in Anchorage and elsewhere in the state are on the edge of houselessness, for a lot of different reasons. More often than not, I was helping someone in real time avoid going over that edge. It’s not a long-term fix, but I like to think it made a difference.

907-276-5152 | 701 West 8th Avenue, Suite 1100 lbblawyers.com | laurens@lbblawyers.com

28 | August 2023

Alaska Business www.akbizmag.com

S P E C I A L P R O M OT I O N A L S E C T I O N

ANNE MARIE TAVELLA Public Contracts Law Davis Wright Tremaine LLP Anchorage

Why do you choose to live and work in Alaska?

Being born and raised here, Alaska has always been home, even when out of state for school. Living in Alaska allows me to be close to my family and enjoy the spectacular scenery unique to our state.

By focusing on public contract law, I maintain a national practice under a federal law framework, including assisting Alaska-based clients with outof-state disputes. It gives me the flexibility to work on cases in Alaska and the Lower 48, including Washington where I am also licensed. With DWT’s variety of practice groups and deep bench of attorneys, I am able to field the needs of my clients beyond my areas of focus.

What charitable organization do you volunteer for and why?

I enjoy volunteering for the Alaska Network on Domestic Violence & Sexual Assault because it’s rewarding to assist vulnerable individuals in sometimes violent situations and ANDVSA’s staff offer excellent support and guidance to pro bono attorneys.

907.257.5300 188 W. Northern Lights Blvd., Ste. 1100 www.dwt.com

www.akbizmag.com

Alaska Business

August 2023 | 29

LEGAL ELITE

EXCELLENCE IN LAW

Excellence and experience working on behalf of CIRI Shareholders.

Congratulations, Stephanie!

To learn more about CIRI, a best-in-class Alaska Native corporation, visit ciri.com

Stephanie Aicher Vice President, General Counsel

Counsel to Great Companies Congratulations to Perkins Coie’s Alaska Legal Elite lawyers.

PerkinsCoie.com

Perkins Coie LLP Lawyer Advertising

30 | August 2023

Alaska Business www.akbizmag.com

S P E C I A L P R O M OT I O N A L S E C T I O N

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Visit: akbizmag.com/legal-elite www.akbizmag.com

Alaska Business

August 2023 | 31

TELECOM & TECH

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Alaska Business www.akbizmag.com

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lthough businesses are capitalizing on cloud-based solutions to enhance their operations, the interconnectedness of the cloud creates unique security risks. Therefore, companies must implement effective cloud security strategies to protect the sensitive and private data—especially health information, personally identifiable data, and payment card information—they have stored online.

“Unauthorized access can lead to data breaches, compromising sensitive information and damaging the integrity of the business,” says Chad Alessi, a solutions architect with New York-based Computer Task Group (CTG) who works for the company’s Alaska Chad Alessi Computer Task Group office remotely from Katy, Texas. “By implementing robust security measures and staying proactive in addressing vulnerabilities, businesses can safeguard their sensitive data, maintain uninterrupted operations, and uphold the trust of their customers and stakeholders.”

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www.akbizmag.com

Technology (Arctic IT) in Anchorage, says a lapse in security not only can cost an organization its reputation but can even put a company out of business if it is not prepared. “A ransomware attack that encrypts an entire organization with no viable backups can potentially devastate the entire organization,” Clark says.

“Another thing to keep in mind is that, as more and more organizations are compromised, cyber insurance companies are scrutinizing organizational security practices and looking for ways to either partially pay or not pay at all, if it can be determined that an organization has not done everything they can to secure their data and systems.”

Key Cloud Considerations When developing a cloud security strategy, companies should understand the four types of cloud computing environments: public, private, hybrid, and multicloud. As described by Microsoft, public cloud environments are run by cloud service providers that host data from multiple tenants. Private cloud environments can be in a customerowned data center or run by a public cloud service provider. (In both instances, servers are single-tenant, and organizations do not have to share space with other companies.)

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Alaska Business Satellite_Alaska_2.23X9.93_SL2.indd 1

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“By implementing robust security measures and staying proactive in addressing vulnerabilities, businesses can safeguard their sensitive data, maintain uninterrupted operations, and uphold the trust of their customers and stakeholders.”

Chad Alessi Solutions Architect Computer Task Group

34 | August 2023

Hybrid clouds incorporate onpremises data centers and third-party clouds. And multicloud environments include two or more cloud services operated by different cloud service providers.

Regardless of where data resides— in a public, hybrid, or private cloud— the security principles remain virtually the same, although there are some distinctions.

For example, Paul Clark Arctic IT “In a public cloud, organizations benefit from already-present security tools and reporting, low maintenance, high reliability/redundancy, consistency, scalability, and the ability to leverage security tools across the entire organizational cloud as the organization grows,” Clark says. “On the other hand, in a private cloud, typically hosted in someone's data center, the organization or a third party must engineer in and maintain scalability, reliability, and security features, which can result in higher costs and administrative burden.”

It’s crucial for businesses to understand the kind of cloud they have and how they can use it, says Cindy Christopher, director of managed IT product and sales at Alaska Communications. “An important consideration is that some controls might not be interoperable between different types of cloud e n v i r o n m e n t s ,” she explains.

“Each public cloud provider has a set of Cindy Christopher Alaska Communications security tools available to clients that are specific to that tool. They each have different costs associated. For example, if you export your data from one type of cloud to another, you may have to pay data transfer fees. Using multiple services often leads businesses to purchase their own tools for centralized visibility.”

Many security principles apply to on-premises and cloud facilities, despite their differences. “In an on-premises environment, the organization has full control and responsibility for the security of its infrastructure, as well as the people who have access to it,” Christopher explains. “When you operate and store data in the cloud, you give up some of that control. You can pick where your data is hosted, but you cannot always choose who administers it (could be overseas).

If your business or industry requires specific compliance requirements, be sure you require your cloud provider to follow your contractual flow-down requirements.”

Cloud Security Best Practices Cloud security should always involve a multi-layered strategy, and one of the first security tasks is robust identity and access management.

Multi-factor authentication (MFA), for instance, should be a priority, and conditional access policies are highly recommended. “This means that even if a user has the correct credentials, access can still be denied if the request doesn't originate from an approved device, location, or credential method,” Clark says.

Protecting data involves encryption, and data loss prevention tools can prevent unauthorized exposure. “Firewalls and access control lists should be set up according to best practices and audited regularly for effectiveness and compliance,” Clark says.

“It's also worth considering the implementation of ‘just-in-time access’ for IT staff and critical applications. JIT allows access only when necessary and for a specific duration, creating a clear audit trail of who accessed which application or data, and when.”

Christopher adds that companies should not assume everything is taken care of when it comes to cloud security. “Generally, cloud platforms provide the environment, but it’s your responsibility to ensure it’s properly managed and protected based on your business’ unique requirements,” she says.

Alaska Business www.akbizmag.com

In addition, Alessi says businesses can minimize vulnerabilities by using secure configuration practices, such as disabling unnecessary services and ports, applying security patches, and properly configuring network security groups.

They should also have an incident response plan. “Compliance with industryspecific regulations and legal considerations should be ensured and ongoing security governance should be established to monitor, review, and update cloud security controls regularly,” he says.

Due diligence when selecting a cloud service provider involves thoroughly assessing the provider's security practices, certifications, compliance with data protection regulations, and contractual commitments. “Reviewing terms and conditions, SLAs [service-level agreements], and data processing agreements helps businesses understand the legal responsibilities and obligations shared with the provider,” Alessi says.

Leveraging Outside Expertise Small and medium-sized companies may face resource constraints and limited in-house cybersecurity expertise.

Thus, they often rely on outside service providers to implement security best practices. “These providers have dedicated teams with specialized knowledge and experience in cloud security,” Alessi says. “They can assist businesses in assessing their security needs, implementing appropriate controls, and monitoring the cloud environment for potential threats.”

While external expertise is valuable, businesses still retain responsibility for their own cloud security. “They should actively participate in security discussions, understand the shared responsibility model with their cloud service providers, and ensure that appropriate oversight and governance are in place,” Alessi says. Consequently, it's up to the leadership to ensure the implementation of a comprehensive data protection plan—whether through their internal IT staff and

security team or by enlisting the help of an external organization such as Arctic IT. Arctic IT, a technology consulting firm that specializes in application modernization, is a Microsoft Gold Business Partner, so the company’s solutions center primarily around Microsoft's M365 and Azure cloud computing platforms. Arctic IT also helps clients with data loss prevention, data classification, cloud readiness, cloud vulnerability and security assessments, and adherence to specific compliance requirements.

CTG also offers a comprehensive range of services. The company begins with a thorough assessment of the client's cloud infrastructure to identify vulnerabilities and ensure compliance with best practices.

Then it works to design a robust security architecture, incorporating multi-layered controls, encryption mechanisms, and secure network configurations.

“Overall, CTG's services equip businesses with the expertise, tools, and strategies needed to enhance

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Alaska Business

August 2023 | 35

“When working with a provider, it’s important to use a matrix like the Cloud Controls Matrix and CAIQ questionnaire from the Cloud Security Alliance to understand your responsibility, the cloud service provider’s responsibility, and what’s shared.”

Cindy Christopher Director of Managed IT Product and Sales Alaska Communications

36 | August 2023

their cloud security posture and protect their data and applications in the cloud,” Alessi says.

The security experts at Alaska Communications help businesses with a full range of cloud services and security management solutions.

It’s an authorized reseller of industry-leading cloud services, including Microsoft Azure. “Alaska Communications offers Security as a Service, giving our customers access to advanced technologies that are fully customized to meet their needs and simplify important processes that might otherwise be difficult to manage,” Christopher says.

In addition, Alaska Communications conducts thirdparty provider assessments to help businesses ensure their cloud solution is providing the security they promised. “Our experts can help you manage and secure your business applications and services with your regulatory and data sovereignty needs in mind,” Christopher says.

Shared Responsibility Cloud security is clearly a shared liability, but who is legally responsible for protecting data in the cloud—the business or its third-party provider?

There’s no one-size-fits-all answer, Christopher says. “You should refer to your contract with your service provider or cloud vendor,” she says.

“Be sure you seek assistance if you do not fully understand the terms and conditions included.”

Christopher also advises, “When working with a provider, it’s important to use a matrix like the Cloud Controls Matrix and CAIQ questionnaire from the Cloud Security Alliance to understand your responsibility, the cloud service provider’s responsibility, and what’s shared.”

Alessi says businesses should have a clear understanding of their legal obligations regarding cloud security. They should also clarify data ownership and control in their contractual agreements, ensuring they know who owns the data and the extent of their control over it.

International considerations come into play if data transfers occur across borders.

Typically, the business and its cloud ser vice provider share the responsibility for security. “The business, as the data owner and user of the cloud ser vices, bears the primar y responsibility for securing their applications, data, user access, and compliance with applicable regulations,” Alessi says. “On the other hand, the cloud ser vice provider is responsible for the security of the underlying cloud infrastructure, physical security of data centers, network architecture, and host security.”

Ultimately, the business cannot delegate all security responsibilities to the cloud service providers. “Both entities have a shared interest in ensuring the security of the cloud environment, and collaboration is key to effectively address cloud security challenges and maintain a robust security posture,” Alessi says.

Law firms like Dorsey & Whitney are well equipped to help businesses understand their cloud security liability. The multinational firm serves clients in locations across the United States, including Anchorage, as well as in Canada, Europe, and Asia.

“Clearly the service provider has an obligation to provide reasonable security,” says Dorsey partner Robert Cattanach. “This sounds like a vague term, but it involves a degree of specificity. The cloud provider should specify their security in their contract.”

Cattanach continues, “Once data gets into the cloud, it’s the cloud provider’s responsibility. Getting it there is a joint responsibility.

They [the provider] have to provide the means to get it into the cloud, and the business has to follow the Robert Cattanach protocol.

The Dorsey & Whitney LLP business that collects the data in the first place is responsible for the data while it is stored before it gets into the cloud.”

Alaska Business www.akbizmag.com

Businesses need to read their service-level agreement, whether it’s with a managed service provider, Amazon Web Services (AWS), or a cloud provider. “Part of the key in ensuring their security is understanding how everything works,” says Cattanach, who is based in Minnesota and represents clients in the areas of cybersecurity, data breach response, and privacy compliance. “What happens when I first get data, and what are my reasonable expectations when I transfer that data to the cloud... There are practical implications.”

The service-level agreement will clearly spell out their provider’s obligations relating to cloud security. And being familiar with the agreement can help the business be better prepared to mitigate potential cloud security issues. “That awareness will help a company understand where they are not protected with the service provider, so they can do the things that can limit their exposure,” Cattanach says.

Businesses in highly regulated industries often have greater concerns for cloud security and liability. However, major cloud providers design solutions to meet their unique requirements. For example, AWS has a special product for clients that must comply with the Health Insurance Portability and Accountability Act. In most cases, cloud service providers are not the kind of third parties that cause problems for clients, Cattanach says. But if a cloud provider does have a security breach, the recourse for the customer will be spelled out in their agreement. If that cloud provider fails to do what it agreed to, it will be responsible to the customer for damages.

However, Cattanach emphasizes that human error is responsible for most data compromises. So the most important—and preemptive— strategy for managing cloud security and legal liability is for companies to have a culture of security awareness.

He maintains, “If people are aware of data security, that’s the biggest battle of all.” www.akbizmag.com

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A L A S K A N AT I V E

Open Lines of I Communication How Alaska Native corporations stay in touch with shareholders

By Alexandra Kay 38 | August 2023

n 1971 the iPhone, Facebook, and Tesla were not yet a glint in a designer’s eye. However, there was one innovation that created a new form of self-determination for Alaska Native people.

The Alaska Native Claims Settlement Act (ANCSA) formed Alaska Native corporations that are responsible for the social, cultural, and economic well-being of the Alaska Native people from their ancestral homelands. The groundbreaking act created socially conscious, shareholder-owned corporations designed from the start to focus on serving the needs of

Alaska Business www.akbizmag.com

Russ Slaten | Calista Corporation

“We have corporate responsibilities, but we really see connecting with shareholders as the benefit we get. They are our cousins and aunties.”

Laura Muller, Corporate Affairs Manager, Koniag

their people rather than growing a stock price.

Aligned with this mission and similar to other shareholder-owned corporations, ANCSA required that Alaska Native corporations keep shareholders apprised of company business.

“We’re required by law to hold shareholder meetings to conduct the business of the company. No different than Apple or Microsoft, we are required to report performance to shareholders,” says Ethan Tyler, senior director of corporate affairs for Cook Inlet Region, Inc. (CIRI). “The important distinction is that Alaska www.akbizmag.com

Alaska Business

August 2023 | 39

“You want to make sure that your outreach includes as many methods as possible so that you’re communicating with as many stakeholders as possible.”

Ethan Tyler Senior Director of Corporate Affairs CIRI

40 | August 2023

Native corporations have a social and an economic responsibility to shareholders, which is very different to a traditional corporation.

When you bring shareholders, descendants, and their families together, they celebrate their Alaska Native heritage, culture, and family connections.”

Although they are for-profit entities, because of their unique nature, Alaska Native corporations manage their shareholder relations somewhat differently than other publicly held companies. Here are some examples of the channels that regional corporations open for communications.

Koniag Connections There are 1 million ANCSAconveyed acres in the Koniag region on and around Kodiak Island, and the corporation has about 4,400 shareholders with which it communicates in a variety of ways.

The corporation’s annual shareholder meeting is held in October and rotates among three locations: Anchorage, Kodiak, and Seattle. This is done to give the largest number of people the opportunity to participate. The annual meeting has also been webcasting for several years now.

“It is about our people, making sure they can easily access information— in a variety of ways—on what we are doing. We’ve streamlined the meetings as much as we can to keep the information relevant,” says Laura Muller, Koniag corporate affairs manager. “We’ve added music and Alutiiq dancing because we know our shareholders thirst for that connection.”

The company also offers prizes at the annual meetings, and time is scheduled for the company’s board members to have lunch with shareholders after the meeting itself.

Muller notes, “The food, connection, and time together is just as important as getting the business of the meeting done.”

In addition to the annual shareholder meetings, Koniag hosts December holiday parties in Anchorage, Kodiak, and Seattle.

In July, the company has picnics

in the same three locations, and shareholders take part in picnic games and share in both culture and food. “We bring traditional foods and things from home, and it’s a chance to visit with a lot of laughter, hugging, and connecting,” says Muller. Other events include an Elder’s Luncheon held in Kodiak each May and a Russian New Year Celebration held in Kodiak each January.

Every September, the company hosts town hall meetings in Anchorage, Kodiak, Seattle, Soldotna, Portland, Port Lions, Ouzinkie, Akhiok, Larsen Bay, and Old Harbor. (There is no town hall meeting each year in the location where the annual meeting is held.)

“We have open mics where people can comment, and we really want to hear our shareholder’s voices.

We take their input seriously,” says Muller. “One of our core values is to be open and honest, and part of that is accountability to elders and peers. We really want to be transparent.”

Koniag also communicates with shareholders throughout the year in various other ways. In addition to social media postings, there are traditional print communications like an annual proxy statement and an annual report in addition to quarterly newsletters and post cards. “But we don’t just stick with corporate information,” says Muller.

“Our shareholders want to hear about the community, the youth that got scholarships to attend a basketball or music camp.”

CIRI's Sphere CIRI has more than 9,000 shareholders and has about 1.6 million acres of ANCSA-conveyed land.

The corporation holds shareholder meetings throughout the year, says Tyler. “In the spring, we host a series of information meetings to provide an update on company performance from the previous year.” Information meetings are held in Anchorage, Kenai, and in the Pacific Northwest.

“These meetings provide the opportunity for the CIRI family of shareholders and descendants

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to gather together and share in Alaska Native culture, heritage, and family stories. Coming together in person this last year has made all the difference in the world,” says Tyler. “Providing the opportunity to connect with one another personally is such an important part of the CIRI family.”

In the fall, the company holds its Fall Friendship Potlatches in the same three locations. These three meetings are culturally rooted gatherings where attendees share a meal and thanks and recognize those that were lost the previous year.

Once a year, CIRI holds its annual meeting that includes more sharing, storytelling, and cultural entertainment, in addition to conducting the company’s business.

“We report to shareholders on the performance of the company and elect board members,” says Tyler.

While the information meetings share performance from the previous year, the annual meeting is more forward-looking, says Tyler, in that the strategy for the upcoming year is shared. CIRI’s annual meeting takes always place on the first Saturday in June.

In addition to the meetings, CIRI communicates with all of its stakeholders through the company’s website, a bimonthly newsletter (both printed and electronic), direct email, social media, and event video content. CIRI also produces an Annual Report for both shareholders and descendants in the spring. “From a broad perspective, we try to reach as many people as possible through as many means as possible,” notes Tyler. “CIRI’s communications are intended to provide connections for everyone in the CIRI family.” Information communicated to stakeholders includes updates on the happenings of the corporation and information on benefits, programs, and Alaska Native cultural resources.

Doyon Dialogues Doyon, Limited has more than 20,400 shareholders and holds the largest amount of land out of all the regional Alaska www.akbizmag.com

Native Corporations.

Every March, the company holds its annual meeting of shareholders in Fairbanks, where the election of board members and the discussion of the company’s operations for the fiscal year take place.

The company holds Dialogue with Doyon meetings in four villages in the Doyon region each year, and annual meetings are also held in Anchorage and the Pacific Northwest to connect with shareholders in urban and rural areas who can’t afford to attend the March annual meeting. “The Dialogue with Doyon meetings provide shareholders with an update on our business activities, a question-andanswer period, and an opportunity to discuss any concerns,” says Cheyenna Kuplack, Doyon, Limited communications manager. “These are important gatherings for our shareholders to attend and listen to presentations on Doyon’s operations, visit with Doyon board members, and ensure that their information is current and that they have a stock will.”

In addition to its annual meeting and Dialogue with Doyon events, the corporation hosts meet and greets, which are informal opportunities to meet with Doyon’s team and update shareholder records. As of late June of this year, they had been held in Anchorage, Holy Cross, Kenai, Portland, Seattle, and Wasilla.

Doyon, Limited provides information before meetings through mailed postcard invitations, emails, and social media. “Our team looks forward to these events as an opportunity to connect with families, hear how people are doing, and respond to shareholder questions and concerns,” says Kuplack. “These meetings are an opportunity to celebrate the individuals, families, and communities who make up Doyon’s shareholder family.”

Doyon, Limited’s communications team shares information in monthly electronic and quarterly printed newsletters as well. Its website and social media are updated regularly with news, events, and job opportunities.

“In addition, our team focuses Alaska Business

“Our team looks forward to these events as an opportunity to connect with families, hear how people are doing, and respond to shareholder questions and concerns…

These meetings are an opportunity to celebrate the individuals, families, and communities who make up Doyon’s shareholder family.”

Cheyenna Kuplack Communications Manager Doyon, Limited

August 2023 | 41

“CIRI shareholders and descendants are a big part of the CIRI family, and when we gather together and share in culture and heritage and family stories and updates, it makes all the difference in the world.”

Ethan Tyler Senior Director of Corporate Affairs CIRI

42 | August 2023

on rural outreach across our region through the monthly Village Connection, an e-news bulletin, where Doyon’s goal is to keep communities informed on upcoming state and federal projects that will potentially impact our communities,” says Kuplack. The company also hosts a monthly radio show on KRFF, Voice of Denali, a Fairbanks-based radio station broadcast to the Interior to highlight department programs and outreach efforts in regional villages.

Calista Gets Around With more than 36,000 shareholders, Calista Corporation is the largest of the Alaska Native regional corporations by number of shareholders. The company owns more than thirty subsidiaries and provides services in a wide range of areas, including heavy equipment sales, oil field services, and more.

Because travel to the communities in which Calista shareholders live is so expensive, the Calista board of directors decided to hold an annual meeting in all of its YukonKuskokwim Delta (YK) villages.

“We have held meetings in thirtyfive YK communities,” says Thom Leonard, vice president for corporate affairs. “Also, the annual meeting of shareholders is held at least once every five years in Bethel and at least once every seven years in Anchorage.”

Calista also has a shareholder relations committee that travels to between ten and twenty communities in the YK region to give company updates and give shareholders an opportunity to ask questions and provide feedback on company leadership. “We suspended these in-person meetings during the pandemic and are happy to have resumed them earlier this year,” says Leonard.

The company also communicates with shareholders through various print and electronic means. A print newsletter with both company and shareholder news is mailed every other month, and one is emailed to those who have signed up for a biweekly electronic newsletter.

It publishes an annual report

that provides the company’s financial performance. Company announcements are put on its social media pages and website.

They’re also shared with local media in the YK region. “We regularly call into the public radio station, KYUK in Bethel, to reach shareholders who are listening to local discussion topics,” says Leonard. “For shareholders who are not directly connected to our website or social media channels, we send announcements to and advertise in the Delta Discovery, a Bethel-based, shareholder-owned weekly newspaper.”

Keeping in Touch These four Alaska Native regional corporations had much the same advice for keeping shareholders in the loop: Meet shareholders where they are: “[Get] any messaging out to stakeholders in as many different ways as possible,” says CIRI’s Tyler.

“For us, some people like digital communications.

Other people like printed information. Some people really thrive on the inperson. You want to make sure that your outreach includes as many methods as possible so that you’re communicating with as many stakeholders as possible.”

For Calista Corporation, that includes traveling to meet shareholders in their physical location as well as providing regular updates through social media. “Many people in our region are using social media to get news, share useful information, and stay in touch with each other,” says Leonard.

Make it a two-way conversation: Get feedback from shareholders.

“It’s part of that transparency and accountability,” says Koniag’s Muller.

“We have corporate responsibilities, but we really see connecting with shareholders as the benefit we get. They are our cousins and aunties.

Anyone you speak with would say the opportunity to speak and communicate with shareholders is the best thing.”

Alaska Business www.akbizmag.com

Bering Straits Native Corporation is committed to

Safety for Our People.

The well-being of Our People, including our shareholders, descendants, employees, partners, subcontractors and clients, is our top priority. Our robust safety and health program adheres to the highest industry standards, ensuring the utmost protection for Our People.

Learn more: www.beringstraits.com/safety

MEETINGS & CONVENTIONS

Meetings & Conventions Welcome one and all to this Meetings and Conventions special section.

Although the Meetings and Conventions field is closely tied to the tourism industry, this section focuses mainly on business conferences, trade shows, professional trainings, or academic symposiums: how to host them and how to get the most out of attending them.

Before digging into the agenda, be advised that some extra material outside of this section might be of interest. “Open Lines of Communication” samples some of the communications channels, including in-person meetings, that connect Alaska Native corporations to their shareholders.

Within this section, breakouts are designed to be visited in any order.

“Explore Fairbanks Pulls Off Bucket-list Conference” is a firsthand report of a travel journalism conference in Fairbanks that was–get this–written by a travel journalist. “Seeing Eye to Eye” is about how to choose an in-person venue, especially for smaller single-table conferences, and “Voices on Stage” gives advice about planning an agenda and selecting speakers. In “Party Pros,” meet the special vendors who add enjoyment to an otherwise stuffy affair; learn how that enjoyment, far from frivolous, is crucial to the communicative purpose of the event. And please take home some “Sustainable Swag,” using the Alaska Sustainable Energy Conference as an example.

Registration badges can be reused for the next event, so please deposit them at the Table of Contents on the way out to the front cover.

Now, on with the show!

44 | August 2023

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Arctic Encounter

MEETINGS & CONVENTIONS

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Alaska Photobooth Company

MEETINGS & CONVENTIONS

hether organizing a multi-day conference, an in-house training or team building activity, or even the annual holiday party, the choice of vendors can mean the difference between a lackluster event attendees can’t wait to leave and one that will have them gushing on social media—and saving the date for next year.

“It’s all about engagement,” says Coral Howe, owner of the Alaska Photobooth Company. “How can I get these people engaged?”

The “how” partly depends on the type of event. A company picnic or an evening reception that caps off a day-long training have more leeway to inject fun and levity compared to a conference or training that has a timed agenda and certain topics it must address.

An inflatable bungee run will work for the picnic on the Delaney Park Strip, but not so much at a two-day safety training.

That doesn’t mean only the after-hours events get all the fun. Hiring trainers who can lighten the lesson up with comedy, set up a selfie station in a corner of the conference room, or bring some out-of-the-box treats can make any event something attendees are eager to be part of.

“People want to be attended to. They want to be heard,” says Todd Rice, owner of THEY Improv, which uses improvisational comedy as a vehicle for team-building activities and training workshops. “They don’t want to feel like [the event] was something the boss wanted them to do. They want to feel like, ‘The boss wants to do it for me.’”

Fizz Buzz

Party Pros Vendors that make events special

By Amy Newman

46 | August 2023

A memorable event starts with creating an experience, and that means vendors that will get people excited. The Alaskan Soda Jerk checks that box on several levels.

At any outdoor fair or festival in Alaska, the Alaskan Soda Jerk booth is hard to miss: beneath a large, open-air tent, soda jerks shout orders as they mix, pour, and blend drinks, all while ‘50s rock and doo-wop blares from the speakers. The staff bring that same energy and pizzazz to private events, though on a slightly smaller scale. Owner Kelsey Ingram, a former bartender who opened Alaskan Soda Jerk in 2012, admits that a loud, old-fashioned soda counter is unusual at a corporate event. But if the goal is to get people excited, it works.

“We’re loud, which is counterintuitive to some events, but there’s only a handful of ways that you can create a buzz,” he says. “If there’s a lot of action and things happening, and there’s something to watch, all of that creates an energy that’s contagious. And people really enjoy it, even if it’s only for maybe five minutes while they’re waiting for their drinks.”

Typical attire for the soda jerks is poodle skirts for the females and paper hats and bow ties for the males, but Ingram says they can change things up to match the event’s theme.

“If it’s an ‘80s theme or a Renaissance theme, we’ll get costumes for our jerks and dress up our bar and switch up our menu,” he says. “We’ll even change the name of the drinks. It’s all to create a buzz and an energy so Alaska Business www.akbizmag.com

Kelsey Ingram Owner Alaskan Soda Jerk

Capture an Experience Catching that energy more permanently is the job of Alaska Photobooth Company, which has offices in Fairbanks and Anchorage.

The typical corporate photo— speakers on stage, attendees mingling at the after-hours reception, or posed group shots around banquet tables—generate little buzz on social media. But toss in a few feather boas, flashy backdrops, and a rotating platform, and suddenly people will stop scrolling to deal with a serious case of FOMO (fear of missing out).

“What we bring is actually an experience,” says Howe, who opened Alaska Photobooth Company in 2008 and estimates that 70 percent of its business comes from corporate clients. “We don’t necessarily take pictures—we capture an experience.

What we are doing is we’re taking those moments and grabbing them and putting them in time.”

Alaska Photobooth Company grabs those moments with still photos or boomerang videos (short loops) using open or enclosed photo booths. Open booths have backdrops and allow as many people as possible to squeeze into the shot.

Closed booths, many of them made

by Alaskan artisans, are the oldfashioned ones seen at malls and arcades—slide in, pull a curtain, and get a strip of photos. One of Alaska Photobooth Company’s newest additions is the Arctic Circle 360, where the camera circles an open platform to create a video.

“There are all these different things that you can do, and the whole thing is about engaging and helping people connect,” Howe explains.

“That’s basically what we are bringing to the table now. We’re giving people an opportunity at their events— whether it’s training, conferences, or parties—to help people connect and be close to each other.”

Howe says her Fairbanks and Anchorage studios have rooms full of props and backdrops that can be

Heather Reams is president and Liz Daniels is senior communications director of CRES Forum, a Washington, DC-based nonprofit that was a contributing sponsor of Arctic Encounter in March. One of its tasks was to hire the photo booth vendor to encourage attendee engagement.

Alaska Photobooth Company

www.akbizmag.com

Alaska Business

August 2023 | 47

MEETINGS & CONVENTIONS

“If there’s a lot of action and things happening, and there’s something to watch, all of that creates an energy that’s contagious. And people really enjoy it, even if it’s only for maybe five minutes while they’re waiting for their drinks.”

people come to our booth and catch it.”

MEETINGS & CONVENTIONS Attendees keep pictures from an event for years, so the frames are perfect places to add branding for a longlasting impression.

Alaska Photobooth Company

“For team building, [companies] like obstacle courses because they can race, or they’ll work together as a team to see who can get the best time… If they want to have fun and laugh, they want to hire us.”

Mary Cullinane Owner/President, Tons of Fun Entertainment

48 | August 2023

shipped across Alaska, and if a prop isn’t in stock, additional items can be ordered to fit any event. But she says the standard feather boa and tiara are usually enough to encourage people to start having a good time.

“Not everybody dances, not everybody drinks,” she says. “But everybody usually will come in and take a picture. And that’s what we’re there for, to help everyone in the room connect and have a good time.”

Connecting Through Food Throw a party at home, and food and drinks take center stage.

Corporate events are no different.

But there are only so many over-sized muffins or uninspired box lunches a person can handle.

An ice cream bar and some good old-fashioned soda fountain drinks can kick it up a notch and bring a smile to people’s faces.

“Who doesn’t love ice cream?” says Elissa Brown, owner of Wild Scoops, a micro-creamery that offers its small-batch, handcrafted ice cream to companies for pop-up ice cream socials. Companies can choose

the grab-and-go option—with prepacked, individual servings and an assortment of toppings—or a sundae bar, where Wild Scoops staff hand scoop the sweet treats.

“We offer a fun selection of flavors and toppings,” Brown says. “Everyone loves ice cream, and everybody bonds over food, so that kind of ice cream tasting is a fun way to add food and pep up the company events. It sort of just infuses a touch of joy and delight to end off a business meeting or event.”

Ice cream can even serve as the centerpiece for team-building events. Brown says that Wild Scoops recently expanded the production space at its midtown Anchorage shop, and she hopes to begin offering ice cream workshops to companies looking for new ways to help staff connect outside the office.

“It’s a fun, hands-on experience, and people always really want handson things,” she says. “It’s a good way to bond with people when you’re making something together. It’s not competitive.”

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MEETINGS & CONVENTIONS

The Alaskan Soda Jerk’s funfilled energy may be what initially draws people in, but it’s the flavored sodas, lemonades, and floats that keep them coming back while also providing a fun alternative to the standard beverage options at company events.

“The drinks that we offer, a lot of times people have tried a Shirley Temple,” Ingram says. “But not a lot of people have tried pineapple juice, vanilla, and Dr Pepper.”

Ingram says most events feature an open soda bar and the six flavored sodas that started the business, including Glacier Water—a mix of coconut, cherry, lime, and Sprite— or the Wrangell Roy—which mixes cherry, vanilla, and Coca-Cola— but the full menu is available upon request. For those wanting to add ice cream, Ingram says soda jerks typically serve orange or root beer floats, which are quieter and faster to prepare than milkshakes.

Because Ingram has a TAP (Training for Alcohol Professionals) certification, the Alaskan Soda Jerk

Alaska Photobooth Company’s event lead, Marian Josefsen, captured the fun with an attendee at Arctic Slope Regional Corporation’s 50th Anniversary Meeting and Celebration in Utqiaġvik last August.

Alaska Photobooth Company

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Alaska Business

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MEETINGS & CONVENTIONS Dressed up for a special occasion, employees of Doyon, Limited use an open photo booth to crystallize a memory after two years of not being able to gather.

Alaska Photobooth Company

“Doing a full-on murder mystery or doing a game show, really what you’re doing is getting people to collaborate and work together to try and come up with whatever idea they’re trying to come up with.”

Todd Rice Owner/Director THEY Improv

50 | August 2023

can make any of its drinks boozy, provided event organizers purchase the alcohol.

“We offer our drinks spiked with alcohol,” he says. “Most of the recipes for the drinks came from my time bartending, and most of the flavor combinations are flavors that work in cocktails that already exist.”

Get People Laughing Even a training full of relevant information and new ideas can get tedious. That’s why Rice started THEY Improv.

Combining his corporate background and his love of improvisational comedy—he trained at Chicago’s famed The Second City—Rice incorporates improv in workplace trainings, workshops, and team-building activities to build connections and keep attendees engaged.

“Studies do prove that when people are enjoying themselves, they’re more likely to actually retain the information that they’re being taught,” he says. “If you make it fun,

you make it engaging, they’re much more liable to learn.”

Rice’s trainings and workshops are designed to help businesses’ creativity, hone presentation and customer skills, and teach employees how to be assertive— the latter of which can have real safety implications.

“If you’re in the oil and gas industry and there’s a safety issue, you have to be able to say, ‘Shut it down now!’ and have people listen,” Ingram says.

“That’s a skill a lot of people just don’t have within themselves to do, not naturally.”

Ingram also utilizes improv and interactive games, like murder mysteries, game shows, or improv scavenger hunts, for team-building and bonding activities. The goal is to get employees to work together, whether it’s to find creative solutions to a particular problem faced in the workplace or to figure out that the murderer was Bob from accounting in the copy room with a stapler. Though the method may be non-traditional, the underlying lesson is the same.

Alaska Business www.akbizmag.com

A Wild Scoops ice cream social includes a choice of handcrafted ice cream and toppings, for a fun alternative to the standard dessert offerings.

MEETINGS & CONVENTIONS

“The technique that we use doesn’t really matter all that much, other than that it keeps the audience interested,” he says. “So doing a full-on murder mystery or doing a game show, really what you’re doing is getting people to collaborate and work together to try and come up with whatever idea they’re trying to come up with.”

The activities also help everybody gain a better understanding of their co-workers’ strengths, which improves trust and can make future projects run more smoothly.

“They’re all talking and laughing and joking with one another but also building relationships within the team,” Ingram says. “Finding out who can step up, who can be a leader for the future, that kind of thing. All of these things are valuable to the company and the people who are there.”

Wild Scoops

Fun for Rent Comedy isn’t the only way to infuse a company event with laughter.

Sometimes the simple absurdity of rolling around in an inflatable sumo wrestler suit or dunking a co-worker— or maybe a boss—is all that’s needed to help people loosen up and have a good time.

Tons of Fun Entertainment, Alaska’s largest mobile entertainment company, has been providing those opportunities for fun since 2006. Owner Mary Cullinane says the company rents a variety of equipment, including the extreme air jumper, a bucking bull and salmon, a rock-climbing wall, bounce houses, and inflatable obstacle courses, typically for company picnics or as part of team-building activities.

“For team building, [companies] like obstacle courses because they can race, or they’ll work together as a team to see who can get the best time,” she says. “Usually, most people get into it. If they want to have fun and laugh, they want to hire us.”

Cullinane says Tons of Fun Entertainment is even popular with out-of-state organizations hosting events in Alaska.

“When corporations come up, they hire us with the mechanical salmon,” she says. “Where else can you ride a salmon?” www.akbizmag.com

Food is not uncommon at any social event, but the experience of scooping ice cream and choosing toppings helps attendees form positive attachments.

Wild Scoops

Alaska Business

August 2023 | 51

Arctic Encounter

MEETINGS & CONVENTIONS

Voices on Stage How to plan an agenda and schedule speakers

By Katie Pesznecker

52 | August 2023

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anting to stage a business conference and knowing how to approach planning the cavalcade of logistics to carry off such a complex event are two very different things. Delivering a large-scale professional gathering entails recruiting dynamic speakers, creating compelling agendas, and tracking the minutiae that can make or break a multifaceted professional gathering.

It may sound daunting and complicated, but those who regularly stage large professional gatherings say the effort is worth it. Inviting people together for luncheons, workshops, and symposiums has innumerable upsides, and the return on investment is worth the weeks and months of work or, in some cases, the year-long effort required to pull off these business events.

Alaska Business www.akbizmag.com

“If somebody wants to share what they've done in the past, what works and what doesn't, be a sponge and soak it all up… Do your research and reach out to others who are organizing similar events.”

Ashley Ebnet, Development Manager, Anchorage Economic Development Corporation

Networking Together “Bringing people together and having dialogue in person can have incredible ripple effects,” says Jackson Blackwell, managing director at Arctic Encounter. “Just start something and see what it will lead to.”

Arctic Encounter is an international public policy conference founded in 2013 by Rachel Kallander, with the first event in 2014.

“It’s gone from a few dozen speakers that first year to this past year, our largest Arctic Encounter ever, in which we had over 200 speakers, fifty sessions, and 1,000 attendees from over two dozen countries,” Blackwell says. “It’s grown considerably, which we’re really proud of as an Alaska-based team.

What we’ve found is that Alaska is this brand that translates around the world, and people want to come visit and share what their countries are working on.”

One of the few Alaska venues large enough to host such an event is the Dena’ina Civic and Convention center in downtown Anchorage.

Every January and August, like clockwork, hundreds of attendees fill the Dena’ina Center for two other annual standouts: the economic forecasts from the Anchorage Economic Development Corporation (AEDC).

“For us there’s no other venue in town that could support our events from start to finish,” says Ashley Ebnet, AEDC development manager. “We host the largest www.akbizmag.com

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A conference brings stakeholders together to share, learn, network, hear from industry leaders, and emerge feeling energized, motivated, and connected. It may provide exposure and visibility for vendors who otherwise silently support everyday business needs. Business gatherings are also an opportunity to showcase the host city as a destination and nexus for economics and industry.

For those looking to wade into the space of staging business gatherings, local leaders in this space are ready with tips, tricks, and advice to make these events a success.

MEETINGS & CONVENTIONS As part of the 2023 Arctic Encounter agenda, the Far North Fashion Show drew some 1,200 people to the Anchorage Museum.

Arctic Encounter

“We're constantly searching for a speaker who is relevant, entertaining, and motivating, and who fits the presentation or what's going on in our community or economy.”

Ashley Ebnet Development Manager Anchorage Economic Development Corporation

54 | August 2023

economic sit-down luncheons in the North America region, according to the International Economic Development Council.”

Ebnet oversees AEDC’s January Economic Forecast as well as August’s 3-Year Outlook Luncheon. Both luncheons run at an efficient 1 hour, 30 minutes in length. Attendance has rebounded post-pandemic to an expected crowd of around 1,500 people per event.

AEDC’s luncheons are on many people’s calendars as a not-to-miss event, and while President and CEO Bill Popp generally presents the economic reports, the touchstone event also promises keynote and guest speakers.

“I think that the community really enjoys being back together, networking, and seeing one another,” Ebnet says. “They really appreciate the insight into our city, how we’re doing, and where we’re going.

They appreciate the perspective, with all the reporting and analytics, and Bill Popp’s knowledge about industry.

They take this information, and we hope they use it to make business decisions."

One Thing After Another AEDC luncheon agendas follow a template: an announcement from the board chair is followed by Popp’s economic data and reflections, and then several guest speakers follow. Those could be elected officials, such as the Anchorage mayor or legislators, or economists or business sector leaders, with anywhere from five to ten people seated on stage during the event, Ebnet says.

This anticipated format means efficiencies in planning, but the template also presents challenges for keeping the program fresh and exciting for returning guests—a challenge Ebnet finds energizing.

"Every day is different, and I get to wear many hats and do a variety of things, which I enjoy," she says.

“Given that our industry is evolving so quickly, I'm always looking for new, innovative concepts and approaches

Alaska Business www.akbizmag.com

The agenda for the Associated General Contractors of Alaska annual conference includes mental health, safety, and workforce recruitment panels alongside agency updates and project reports.

Associated General Contractors of Alaska

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to engage attendees, vendors, and sponsors.”

A key to planning agendas is listening to one’s audience and using that to build on future events, she says.

“I just make sure I'm networking, listening to people, and gathering feedback to improve our events so that everything runs smoothly from check-in through the luncheon,” Ebnet says.

It’s important that speakers connect to the event’s themes and messages, Ebnet says. For example, at the January 2023 luncheon, AEDC presented its Choose Anchorage initiative, a framework to revitalize the city. The program included insightful remarks from TIP Strategies, the consulting firm that worked on the project.

“They were extremely insightful and engaging,” Ebnet says. “We're constantly searching for a speaker who is relevant, entertaining, and motivating, and who fits the presentation or what's going on in our community or economy.”

MEETINGS & CONVENTIONS

Catherine Sullivan, events and communications manager for Associated General Contractors (AGC) of Alaska, says she leans heavily on the AGC audience for input in creating valuable speaker rosters and high-quality agendas.

“This isn’t just the AGC team creating this,” Sullivan says. “We work with our membership and line up speakers well in advance.”

Competitors and Comrades

Members of Associated General Contractors of Alaska compete against each other on bid days, but they come together for the annual conference at The Hotel Captain Cook, where chapter president Alicia Amberg presents awards for contributions to the group.

Associated General Contractors of Alaska

56 | August 2023

The annual AGC conference is a multi-day event in November that draws some 500 people to The Hotel Captain Cook. The event features a variety of professional development tracks, a popular awards luncheon, a vendor trade show, and evening networking events, all of it capped off with a fun and fancy Saturday night dinner gala attended by about 640 people.

Tickets to the gala sell out within 10 minutes of availability.

“So, very clearly, our members and community see a lot of value in this event, and we’re so proud of it,” Sullivan says. “It’s an event our members have really come to enjoy after a busy construction season. I think it’s a testament to how unparalleled this event is for our industry. It’s a great networking event for the commercial construction industry across the state.”

AGC hosts other events throughout the year, from clay shoots to golf tournaments to luncheons. But the conference is the largest, most complex, and most sustained gathering of members as it unfolds across several days.

“We really aim to make sure this is an event where people can feel connected to the industry,” Sullivan says. “They’re getting great information to take back to their team. We’re really proud of that.

There’s a big bang for the buck there.”

AGC’s membership is a prime example of a statewide network that wouldn’t have an opportunity to come together if not for the annual conference—which is notable given the volume of work that’s relationship-based, with companies enlisting various contractors, subcontractors, and vendors.

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“Our members can oftentimes be competitors on bid days, but when they collectively come together for the greater good of the construction industry, it’s just really wonderful to see the camaraderie that happens.”

Catherine Sullivan, Events and Communications Manager Associated General Contractors of Alaska

Your Conference Pro Team

‘Not Your Traditional Slide Deck’ As Arctic Encounter has grown and gained global attention, Blackwell and Kallander have worked with their volunteers, board members, and staff to aim www.akbizmag.com

(907) 302-2323 info@toastofthetownak.com ToastOfTheTownAK.com Alaska Business

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“Our members can oftentimes be competitors on bid days, but when they collectively come together for the greater good of the construction industry, it’s just really wonderful to see the camaraderie that happens,” she says. “It is so important for our members to have those connections. In construction especially, facilitating the opportunity for them to reestablish those partnerships and make new partnerships to help grow their business and help them build a better Alaska is something we’re really proud to help with.”

Sullivan credits an industrious and dedicated conference committee and subcommittees for building substance and meaning into their annual conference. “They spend months curating a speakers lineup,” she says.

Go-to topics include safety, agency updates, and contractor reports. At the most recent conference, topics on mental health and workforce recruitment and retention were well attended.

There can be roadblocks, Sullivan says, in recruiting speakers. Travel and weather can pose issues. “But I think there’s this great benefit of Alaska being a bucket-list destination for people,” she says. “You can work with the speaker so they can make the most out of their visit here. That can really help.”

The lure of visiting Alaska is an asset that Arctic Encounter has capitalized on, as well. Blackwell says thought-leaders and policymakers who specialize in Arctic issues have a vested interest in experiencing Alaska.

“By and large, those who work in the climate and Arctic space are interested in extreme environments and environmental change and witnessing that firsthand,” Blackwell says. “We’ve leaned into that brand.”

MEETINGS & CONVENTIONS

Arctic Encounter has grown from a few dozen speakers in 2014 to more than 200 speakers and 1,000 attendees at this year's event.

Arctic Encounter

“We really prioritize that it’s not your traditional slide deck on stage... but it’s an interactive discussion led by our moderators."

Jackson Blackwell Managing Director Arctic Encounter

58 | August 2023

for high-level speakers and subject matter experts to address a breadth of topics.

“We really prioritize that it’s not your traditional slide deck on stage where people talk for 30 minutes, but it’s an interactive discussion led by our moderators,” Blackwell says.

“We try to identify leaders from Alaska and leaders internationally and put them on stage together.

Something can be said about getting new voices on stage.”

Ultimately, Blackwell says, Arctic Encounter staff and volunteers remain open to ideas and input.

“We’re interested in what will capture people’s attention,” he says.

“To ensure every year that we are increasing diversity and unique opinions, we work with partners

in Alaska and around the world to solicit recommendations. We encourage interested individuals to submit speaker and content ideas through a form on our website and will continue to lean on our partners to help us produce the most dynamic event possible.”

The 2023 Arctic Encounter included, for the third time, the Far North Fashion Show. Held at the Anchorage Museum, it showcased Indigenous people, celebrated the rich culture of the Arctic, continued to build out a new component of the symposium, and drew some 1,200 people to the event.

Visit Anchorage honored Arctic Encounter for the economic impact from its 2023 event, estimated at $804,656.

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Arctic Encounter

“Alaska is unique,” Blackwell says. “We know it. Some from other countries might not know it. So if it [Arctic Encounter] is a pitch on why someone from Southeast Asia or Eastern Europe should travel to Anchorage for the symposium, we’re hopeful this event encourages them to attend.”

What Works and What Doesn’t Scheduling can be difficult because popular speakers are often booked months in advance, says Ebnet. Additionally, some speakers can demand a substantial speaking fee, ranging from $5,000 to $50,000. “ We are grateful to our speaker sponsors for helping us in covering these costs and www.akbizmag.com

bringing these amazing speakers to Anchorage,” says Ebnet , crediting Weidner, Premera Blue Cross, GCI, and Alaska Airlines as longtime supporters of AEDC events.

Other tips? “Do your homework and create a solid marketing strategy,” she says. “And make sure you always thank your sponsors and follow through with your sponsorship benefits—whether that means a social media post or having them on your website, that’s a huge thing.”

Blackwell also encourages followup to carry on momentum after a large event. He keeps others’ business cards by his computer as visual prompts to follow up with contacts.

Alaska Business

Above all, those in charge of delivering some of Anchorage’s most visible and noteworthy professional development events agree on this advice: ask others for guidance.

“If somebody wants to share what they've done in the past, what works and what doesn't, be a sponge and soak it all up,” Ebnet says. “Do your research and reach out to others who are organizing similar events.”

Sullivan agrees. “There are people who have been doing this so long, and there is very little you’ll see that people haven’t already worked through,” she says, “so reaching out to someone who’s been in your shoes before is very beneficial.”

August 2023 | 59

MEETINGS & CONVENTIONS

Inviting 200 speakers to Arctic Encounter is just the first step toward getting their voices heard; the most important step, though, is hiring a skilled audio-video contractor.

MEETINGS & CONVENTIONS

Sustainable S Swag Giveaway items that impact the audience, not the environment

By Scott Rhode 60 | August 2023

eventeen pens, eight notepads, four post-it pads, nineteen stickers. If an attendee at the Alaska Sustainable Energy Conference (ASEC), which was held in Anchorage in May, collected one of each promotional item that exhibitors were giving away, they would’ve gone home with 12 pounds of swag.

That includes four tote bags and a complimentary gift to all registered attendees: a solar-powered charging pack. The total does not include fun-size candy offered at almost half of the booths, nor flyers or other literature.

Nobody would be silly enough to take one of everything, unless they were writing a magazine article.

And 12 pounds might be smaller than similar events with 1,000 or so attendees.

“Events have a reputation for being wasteful because of how they’ve been managed in the past. And that’s something that we need to overcome,” says Crystal Biringer, president of Toast of the Town, which organized

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Patricia Morales | Alaska Business

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Just about any conference, convention, conclave, or convocation is littered with swag, but that doesn’t mean swag has to become litter.

Attention to sustainability by event hosts and swag producers ensures that party favors won’t reflect poorly on the entities whose names are stamped on them.

The Meaning of Swag A tape measure, a letter opener, a key chain, a car air freshener, a calendar, a kukui nut necklace. Why were these things at ASEC? “It’s to represent a business by putting a logo on a quality product,” says Tim Ellis, owner and president of Stellar Designs in Anchorage.

Alaska Business

“They gave it to you as a gift. It was a nice thank you, but also there’s the repeated message every time you use it. The message keeps resonating.”

Anyone who attends a conference expects to take something home.

“Swag demonstrates appreciation, shows value to the attendee, and is an opportunity to keep the attendee thinking about the event after it is completed,” says Keele.

Biringer launched Toast of the Town in 2015 partly to integrate swag with an event’s total identity.

“Selecting something on theme with the conference is important; it should further solidify the message and relate back to the content,” Keele says. “Better to not provide anything August 2023 | 61

MEETINGS & CONVENTIONS

ASEC. “When we do make that effort, it’s very quickly recognized, and it’s nothing but positive feedback.”

Speakers at ASEC received a separate gift bag containing locally made salmon jerky, birch syrup, Chugach Chocolates, and a thank you note from the event host, Governor Mike Dunleavy.

The charging pack, a tote bag, and the lanyard for nametags were the only items carrying a logo from ASEC itself.

“Swag is an opportunity to further share your company brand, so ideally the event organizers and top sponsors would provide valuable swag items for attendees,” says Toast of the Town chief operating officer Martha Keele.

MEETINGS & CONVENTIONS Registered attendees at Arctic Encounter (left) or ASEC (right) are free to keep branded lanyards as souvenirs, but the material can be reclaimed and repurposed for the next event.

Arctic Encounters (L) Alaska Business (R)

“The fun part for me… is having the opportunity to get creative for giveaway items. We’re always trying to be on theme for the event itself: for the sustainable energy conference, we’re looking for options that are sustainable or meaningful to our audience.”

Sarah Buehler, Project Manager Toast of the Town

62 | August 2023

at all if you cannot provide swag that is meaningful.”

This magazine is a form of swag, depending on the issue. The March 2023 issue was printed with a secondary cover featuring the logo of Arctic Encounter, and copies were distributed at that event. When Alaska Business hosted the annual Top 49ers luncheon last September, copies of the October issue with a variant cover were included in gift bags. The swag, in this case, is the product.

The product is also swag for Stellar Designs. When the shop attends a conference, “We do a special shirt for that show,” Ellis explains, “maybe in line with the theme of the show.” The shirt would include the Stellar Designs logo, but not as the main element. The swag serves as a demonstration of the printer’s handiwork.

Ink Outside the Box Screen printed t-shirts are also the signature merchandise of Alaska Serigraphics. Inside the South Anchorage shop, the floor is sticky with spray-on glue and the air smells like hot plastic. Two screen printing rigs can crank out 400 shirts in an hour, on average, or 720 per hour in a rush.

T-shirts are where Alaska Serigraphics got its start in the ‘80s.

The industry is, perhaps surprisingly, tied to tourism: artists create designs for souvenirs, and seasonal gift shops are the main retail outlets.

Swag keeps Alaska Serigraphics busy year-round, says general manager John Williams.

“We needed something to supplement ourselves in the wintertime, so [owner David Powers] was smart enough to start expanding the company and adding on other dimensions of the business,” Williams says. Those dimensions include embroidery and vinyl printing, and since the art department has client logos on file, the company can facilitate swag printing, too.

It’s not the main business, though.

Ellis estimates that, for Stellar Designs, “That’s a pretty small percentage; I’d say maybe 20 percent or so, for the most part… Trade shows are not happening every week, you know.”

Even so, a section of Alaska Serigraphics’ sales floor includes a large nook for swag samples.

“Anything from keychains to ink pens, magnets, cinch bags, tote bags,” Williams says. “I’m working on one right now, a fishing company is doing

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Factory Partners A first aid kit, a hot and cold gel pack, an audio speaker, a privacy shield for a computer camera.

Anything can have a logo printed on it. An insurance company exhibiting at ASEC had eight different items.

None of those would’ve been printed locally, though.

“We separate our business by ‘hard goods’ or ‘soft goods,’ soft goods being apparel,” Ellis explains.

Stellar Designs doesn’t do paper (there are plenty of paper printers in Alaska), and for hard goods, Ellis looks Outside.

“We don’t decorate any of the hard goods in house. We work with a variety of factories that we represent,” says Ellis. “We maintain art files, and we control everything for the customer to make sure they’re getting the quality product they want, delivered on time.”

The situation is the same at Alaska Serigraphics. Williams describes a process of clients bringing a general idea, which the art or sales staff will refine, and then they search a catalog for items matching the client’s wishes. When the client makes a selection, the shop gets a quote from the factory.

“We create the art here, we submit the art to [Outside manufacturers], they logo the product, and they send it to us,” says Williams. “There’s no way you can have all the equipment to be all things to everybody; you have to limit your capabilities.”

Williams adds that Alaska Serigraphics has partnerships with thousands of item vendors across the country.

Hot Items What does Toast of the Town put its own logo on? The name of the business is a clue.

“We give out champagne stoppers,” Keele says. “We’re biased, but that is some of our favorite swag: useful, as it’s something many folks don’t have in their own homes, and every time our clients celebrate with a bottle of bubbly, hopefully they think of us!” www.akbizmag.com

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decks of playing cards. You think of it, it’s out there.”

MEETINGS & CONVENTIONS

Samples of drinkware at Alaska Serigraphics show how popular coffee mugs, water bottles, and steel tumblers are for displaying an organization’s brand long after a giveaway event.

Alaska Business

Toast of the Town surveys clients and attendees after each event, including whether they liked the swag. “We always hear if it’s not useful. People tend to give us feedback when they’d like to see a change made,” says Sarah Buehler, Toast of the Town’s project manager for ASEC. “The fun part for me,” Buehler says, “is having the opportunity to get creative for giveaway items. We’re always trying to be on theme for the event itself: for the sustainable energy conference, we’re looking for options that are sustainable or meaningful to our audience.”

“We’re always making changes,” Biringer adds. “The last thing you want is for something to feel stagnant.”

Five magnetic spring clips, four lip balms, three sunglasses, three lens cloths (one with a carabiner to attach to a binocular or camera strap), two adhesive phone wallets, two foam stress balls, two baseball caps, two mint tins. Some items at ASEC betray a certain trendiness.

“We’re always looking for what’s hot, what’s the next, new best thing?”

64 | August 2023

says Ellis. “Things change a little, but you’ve got to keep in mind the target audience that’s going to be at the show.”

A Good, Long Life For an event attendee to notice a logo, it helps to have an item that’s handled often.

“The goal is to have something that’s usable and people enjoy it.

They value what they picked up as a gift, and it adds value to their life,” Ellis says.

Keele sees the same goal: “To give something away that is useful for attendees and will not end up in a junk drawer.” Biringer adds that durable swag is on trend, such as glass drinkware or thermoses.

At Arctic Encounter, thermoses and metal tumblers were the primary swag, according to the event’s founder and executive director, Rachel Kallander. Reusable drinkware is indeed widely popular, Williams confirms.

ASEC exhibitors offered plastic water bottles and can koolers, a ceramic mug, a keychain can opener, a cocktail jigger, a spherical ice

cube mold, and a steel straw with a cleaning brush, packaged in a neoprene pouch with a knife, fork, and spoon.

Ellis appreciates the practicality of a tote bag. “You keep it in your car for grocery shopping,” he says.

“It’s got a good, long life, long after the conference.”

…Or Go the Other Way Durability is one strategy for sustainability, yet ephemeral swag has practicality of its own.

Buehler suggests that perishable items—read: edible—are rarely junked. “Of course, we need to be mindful with brand recognition,” she cautions. “You know, your chocolate bar disappears when you eat it. But if there is a way to partner with local organizations or offer something that’s perishable or fresh, that’s another way to reduce waste.”

In addition to bowls of Costco candy, a few ASEC exhibitors dished out creative edibles. One company had its logo on a candy wrapper; a Hawaiian firm packaged macadamia nuts in a small bag with a business card. An out-of-

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offering the opportunity to return, recycle, or donate your gift.”

Shirt Happens Another strategy to reduce waste when it comes to apparel is on-site screen printing. “That has the event branding introduced in several design options they can pick,” Biringer says, “That can also create an experience because attendees have something fun to do while they’re there. And everyone is wearing something that’s slightly different, which I think people really appreciate.”

Ellis cautions that most preprinted apparel is generally not good swag. “You want something that’s going to be one size fits all.

A t-shirt, you’ve got sizes,” he says.

“But you can aim in the middle.” Ellis adds that t-shirts or hats might cost $10 or $20, whereas most promo items are under $5.

That said, Arctic Encounter printed its logo on long-sleeve shirts and sold them at the March conference. Kallander says the 6/22/23 apparel 12:58 was PM made of bamboo fiber,

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Tim Ellis President Stellar Designs

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state technology company hired Far North Cookie Co. of Eagle River to bake sugar cookies with the company’s logo printed in frosting. The cookie, by the way, was satisfying.

“I love the idea of ordering locally, if we can reduce shipping and packaging,” says Buehler. “When it comes to the actual production and delivery of items, choosing local items can save in that route.”

Buehler and Keele both suggest that digital offerings or swag in the form of experiences are creative solutions, too. ASEC featured photo booths, and if the background represents the event theme, then the image is a lasting reminder.

Attendees also had the option of booking a ride on the Alaska Railroad, taking home memories of mass transit through scenic vistas, which is on brand.

Buehler adds, “I personally like handing out items, as we did for the sustainable energy conference, and letting people choose what they Span_ABM_8-2023_1A_PRINT_1.pdf want and what they don’t… Also1

MEETINGS & CONVENTIONS

The dual screen printing rigs at Alaska Serigraphics crank out an entire squad’s worth of shirts at once. Handling the logo art for an organization’s "soft goods" enables the shop to apply the same art on "hard goods" as well.

Alaska Business

“I love the idea of ordering locally, if we can reduce shipping and packaging…

When it comes to the actual production and delivery of items, choosing local items can save in that route.”

Sarah Buehler Project Manager Toast of the Town

66 | August 2023

which is a growing alternative to cotton. Technically a grass, bamboo is more productive for farmers, requiring little fertilizer.

Williams notes that t-shirts made from recycled cotton are another sustainable option, and Ellis says a lot of garment suppliers are offering jackets made with polyester recycled from beverage bottles. Also, “Through their different manufacturing processes and whatnot, they are minimizing the amount of waste from materials they’re reusing,” Ellis says.

“There’s a very large movement to offer those types of products, both a movement from our vendor side and from the customer side, and there’s plenty of things available out there.”

What’s Left Over Before an event begins, Toast of the Town watches the attendee count like a hawk. Biringer says waste reduction is considered at every step, from swag to food to decorations.

“Instead of branding a lot of things with a specific year, just branding them for the conference,” Buehler says. “When we are selecting the

items we’re investing in, instead of single-use signage and décor, we’re looking at things that can be stored and reused, finding creative ways to use them.” For instance, last year’s ASEC main stage backdrop became this year’s photo booth backdrop.

Kallander has a similar policy for Arctic Encounter. “We save all swag for future sales and use because we do not place years on any swag,” she says.

Keele adds, “We aim to order an appropriate amount for the conference so that we have limited supplies left over. However, if there are items left, we provide them to our clients so they can give out swag throughout the year as they continue to promote the conference.” This year’s swag might become next year’s prizes or gifts, she says.

“We really love producing this event,” says Biringer of ASEC. “It’s so much fun, and the content is so interesting and valuable. We’re really privileged to be working with this client and to be able to put out some of this awesome content.”

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meet

in

ANCHORAGE The Meeting: Arctic Encounter Symposium March 29-31, 2023 at Dena’ina Center 1,000 delegates Estimated Economic Impact: $804,656

Jackson Blackwell, Rachel Kallander, Kristi Nguyen, Meeting Champions

Arctic Encounter was founded in 2013 when Rachel Kallander, a Cordova native, was studying law in Seattle and participated in an Arctic science mission. Recognizing how issues affecting the North impact the world, she organized the Arctic Encounter Symposium to shine a light on the challenges facing the Arctic and develop solutions to solve them. The flagship three-day event has grown into the largest Arctic policy event in North America and is held in Anchorage by Kallander and her Alaska-based team, including managing director Jackson Blackwell and program fellow Kristi Nguyen. In 2023, nearly a thousand people from fifteen different countries gathered to provide a voice and platform for Arctic policy, inspiring change for the future.

MEETINGS & CONVENTIONS

Explore W Fairbanks Pulls Off Bucket-list Conference More than 70 travel journalists learn more about the Last Frontier

By Vanessa Orr 68 | August 2023

hile conferences take a lot of planning, it’s not often that such an event—even in Alaska—is four years in the making. But the North American Travel Journalists Association (NATJA) conference, held this past May in Fairbanks, seemingly went off without a hitch—a pleasure for more than seventy journalists and destination marketing organizations (DMOs) that attended.

The logistics of getting writers and photographers from all across the United States and Canada to the Golden Heart City was a feat in itself; entertaining them and teaching them about all that Fairbanks and surrounding areas had to offer for five days—plus pre- and post-trips—added even more challenges.

The goal for the event was to provide journalists with such memorable experiences that they would go out and spread the word about why travelers should make this epic journey—and the city’s DMO, Explore Fairbanks, delivered.

According to Helen Hernandez, NATJA CEO, choosing Fairbanks turned out to be the right decision. “We look for locations where journalists will get a unique experience that they might not otherwise get,” she says. In past years the annual conference has been held in Shreveport, Louisiana; Syracuse, New York; Branson, Missouri; Oxnard, California; Chapel Hill, North Carolina; Puerto Vallarta, Mexico; and San Juan, Puerto Rico. “These may not be destinations that people normally think about going to until they’ve been there,” Hernandez adds.

The conference not only lets journalists level up their professional skills but presents the host city as a subject

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Putting the Plan in Place The conference was originally supposed to take place in March of 2021 so that writers could enjoy the aurora borealis season, but it was delayed because of the COVID-19 pandemic. When it finally came time to welcome the writers, Explore Fairbanks chose to focus on midnight sun season instead.

“Instead of a wintertime conference, we decided to go for the start of Midnight Sun season and host NATJA the third week of May,” says Scott McCrea, president and CEO of Explore Fairbanks. “While we have conferences in the winter all of the time, it does add another layer of logistics.”

McCrea laughs as he recalls concerns about the weather. “Old Man Winter stuck around until the first week of May, and we were getting pretty nervous. Over the Alaska Business

Vanessa Orr

Vanessa Orr

www.akbizmag.com

visiting with sled dogs, sampling food and beverages made in Alaska, and watching a dance performance

by Indigenous Alaskans—were an immersive and impressive way to introduce those from Outside to everything Alaska.

MEETINGS & CONVENTIONS

for their writing. “Taking travel media to these destinations provides them with the opportunity to write about these cities, which in turn, helps tourism within those areas,” Hernandez says. “A lot of these cities, like Fairbanks, are hidden gems.”

Explore Fairbanks had been a member of NATJA for years and thought that inviting journalists to the 49th State would benefit its marketing efforts.

“Our staff had traveled to past NATJA conferences and found value in the group, and we knew it was a size we could host,” says Kasey Gillam, director of communications at Explore Fairbanks. “The fact that it was a 75-to-100-person conference was doable for us, and knowing that travel writers would be showcasing the best of Fairbanks and sharing their stories with their readers and followers would allow us to reap the benefits.”

As a journalist who attended this conference and formerly lived in Alaska, I was impressed by how much effort went into highlighting the wonders of the Last Frontier.

The experiences offered—from gold panning and riding a riverboat to

“The fact that it was a 75-to-100-person conference was doable for us, and knowing that travel writers would be showcasing the best of Fairbanks and sharing their stories with their readers and followers would allow us to reap the benefits.”

Kasey Gillam, Director of Communications, Explore Fairbanks

August 2023 | 69

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The Alaska Railroad was a natural partner with Explore Fairbanks, carrying attendees back to the conference after a day trip to Denali National Park and Preserve.

Vanessa Orr

Panning for gold with Gold Daughters was a highlight for travel journalists visiting Fairbanks.

Vanessa Orr

next two weeks, the temperatures got warmer, and the entire week of the conference, we couldn’t have asked for better conditions. We hope that helped add to the quality of the experience,” he says.

While a little wind or rain wouldn’t have been a big deal, the fact that the Chena River was still partially frozen was a big concern. One of the main 70 | August 2023

activities scheduled was a ride on the Riverboat Discovery and a visit to the Chena Village Living Museum, with a stop on the water to visit with Dave Monson and his dog team at Susan Butcher’s Trail Breaker Kennel team on shore.

As it turned out, that event was one of the highlights of the conference, as journalists not only

got to enjoy breathtaking views but also to learn more about Athabascan life through information shared by Indigenous Alaskans who demonstrated their culture and traditions to the rapt audience.

“When people think of Alaska, a lot of their perceptions have to do with the great outdoors, the Last Frontier, and Mother Nature,” says

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From Gold Panning to the Great One

Travel journalists were introduced to an authentic Alaska sled dog at the annual conference in May. Vanessa Orr

McCrea. “But we wanted to highlight the human part, too, especially since we’re known as the Golden Heart City. We wanted to showcase our hospitality as well as the people who live here, and that includes introducing those who attended to the rich and diverse culture of the Alaska Native people.”

A trip to the Morris Thompson www.akbizmag.com

While all of the conference attendees were associated with North American travel, in some cases that was all they had in common. Each writer or photographer was looking for those stories that would interest their particular audiences and outlets, which meant that Explore Fairbanks needed to offer a number of options when scheduling FAM (familiarization) tours.

“What we ended up with was a diversity of activities to showcase not just the Fairbanks region but a huge geographic scope that stretched 200 miles north to the Arctic and 150 miles south to Denali National Park,” says McCrea. Preand post-trips scheduled around the conference week included an Arctic Circle Midnight Sun Drive Adventure and Arctic Circle Fly Drive Adventure with Northern Alaska Tour Company; an afternoon at Chena Hot Springs Resort; and an overnight at the Lodge at Black Rapids.

During the conference itself, guests could choose from an array of events around town, including gold panning with the experts at Gold Daughters; a visit to the University of Alaska Museum of the North and UAF Geophysical Institute; a Midnight Sun pub crawl featuring HooDoo Brewing Company, Latitude 65 Brewing Company, and Fairbanks Distilling Company; and a guided walk through the taiga with reindeer at Running Reindeer Ranch.

Conference goers also got to experience an impressive cocktail hour among vintage clothes and cars at the Fountainhead Antique Auto Museum and participate in a dine-around that included Lavelle’s Bistro, The Pump House, Big Daddy’s Alaska Business

“I expect to see a lot of stories coming out of the experience, and not just the same old, ‘I went there, here’s what it cost, here’s where I stayed, and here’s what to expect’…

This experience was so unique that I think we’ll see more in-depth stories filled with the heart and soul of what the experience was.”

Helen Hernandez President North American Travel Journalists Association

August 2023 | 71

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Cultural and Visitors Center provided writers with even more opportunities to learn about Indigenous culture, and a special dance performance by an Indigenous dance troupe—which included learning the moves to a traditional song—had them dancing in the aisles. A catered dinner at the venue also gave them the opportunity to sample local delicacies.

MEETINGS & CONVENTIONS

By inviting travel journalists to experience attractions like Chena Village Living Museum and Riverboat Discovery, Explore Fairbanks benefits from word-of-mouth marketing.

Vanessa Orr

BarB-Q Alaska, and Lemongrass Thai Cuisine. A closing night dinner at Wedgewood Resort even included a special appearance by Santa, direct from the Santa Claus House in North Pole!

“Our business partners were amazing; they came through in droves on the pre- and postconference tours and afternoon tours. Everyone was really warm and accommodating when we said we wanted to bring travel writers to meet them,” says Gillam. “We couldn’t have done it without the support of our business partners who opened their doors early, stayed open late, and thought outside the box to make this the best experience possible.”

McCrea agrees. “Fortunately, our business partners understand the value of a conference like this and what it could mean for their business and this destination. It didn’t take a lot of arm-twisting to get them on board,” he says. “It comes down to hometown pride. They were all more than happy to showcase their tours and products to a great group of travel journalists.”

So Many Stories On the final day, which included a bus ride to Denali National Park & Preserve, attendees had 72 | August 2023

the opportunity to hike the Mountain Vista Trail, watch a sleddog demonstration, and try— successfully—to catch a glimpse of Denali, The Great One—as it emerged majestically from behind smaller snow-covered mountains.

The return trip to Fairbanks was provided by the Alaska Railroad, which included dinner, drinks, and stunning scenery.

“There were so many opportunities to explore, from the art shops in downtown Fairbanks to panning for gold at Gold Daughters,” says Donna Adinolfi, founder of Mindful Adventures, a wellness-focused travel planning website. “My favorite experience on this bucket-list journey was going to Denali National Park and getting a glimpse of 20,310foot Denali, North America’s tallest peak. It certainly puts things in perspective.”

Like Denali, more and more stories began to emerge as journalists took part in different activities. A visit to the Gold Daughters, for example, not only introduced writers to the gold panning experience but enabled them to see a massive array of mammoth tusks and Ice Age fossils, which were found while panning for gold on the company’s land.

“The exhilaration of shaking, swirling, and sifting through

water, dirt, and gravel, uncovering glimmers of gold, and feeling like a modern-day prospector made it an adventure I’ll never forget,” says Liz Mays of North Carolina, who documents her travels on her website, Get Lost in the USA. “Gold panning in Alaska was an absolute thrill!”

According to Hernandez, NATJA was pleased with the activities provided to attendees, and members are still raving about the experience.

“We heard the term ‘bucket-list trip’ a lot,” she laughs.

“I expect to see a lot of stories coming out of the experience, and not just the same old, ‘I went there, here’s what it cost, here’s where I stayed, and here’s what to expect,’” she adds. “This experience was so unique that I think we’ll see more indepth stories filled with the heart and soul of what the experience was— something you don’t normally get from traditional travel stories.”

According to Gillam, while NATJA members overwhelmingly enjoyed the activities, the local businesses who provided them seemed to benefit as well.

“Everyone had a great experience with the groups that were at their businesses,” she says. “The groups were very courteous and respectful of everyone’s time, and they were

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What Happens Next Now that the NATJA members have returned home, many will be posting their experiences on their own sites as well as pitching stories to the media worldwide.

O

The reporters become the reported, as journalists ride a bus from Fairbanks to Denali National Park & Preserve.

Vanessa Orr

“We do our best to keep track of what our members do so that when we send the Request for Proposal out, we can include impressions of media exposure,” says Hernandez.

“We’re not just there and gone; we take it seriously with our partners in

Alaska Business Makes Connections

ne of the things that I enjoy most about working at Alaska Business Publishing Co. is the opportunity to make connections with amazing people in our local business community. The power of community brings together our readers, our Alaska Business Publishing Co. team, and our other partners and connects us in a common mission of supporting and advocating for Alaska’s business community.

It takes a diverse mix of businesses to keep

“I read Alaska Business because it allows me to keep up with industry trends; I learn from other business individuals and about other companies.”

the Alaska economy pumping. At a World Trade Center luncheon earlier this year discussing the value of commercial and international markets, I was reminded that the Export Council wouldn’t

“One of the key strengths of Alaska Business is its dedication to featuring success stories and profiles of local businesses. This not only celebrates the achievements of our fellow entrepreneurs but also serves as a source of inspiration and learning. The magazine brings together a diverse array of voices, offering different perspectives and strategies that can help us navigate the complexities of running a business in today’s ever-changing world.”

exist without Alaska’s small businesses. With the diversity of businesses in our state, there are some common denominators, one of which is Alaska Business magazine.

Reading feedback I’ve received this year, I feel encouraged that we are succeeding in our mission of helping foster our business community and supporting each other to grow our businesses and make each other stronger.

Here are a few recent comments I’ve received:

Mike Wyne, Business Development Manager Beacon OHSS, Inc.

“We love getting our monthly issue in the mail to put out to our employees to stay informed.

I enjoy their website and social media to keep up with the movement of key personnel and industry trends.”

Katie Schrooten, Marketing Manager, Credit Union 1

Dylan Webb, Clinic Director Ideal Health

No matter the way businesses present themselves—online, storefront, or as a – S P O N S O R E D

www.akbizmag.com

regards to what their ROI [return on investment] is.”

She adds that within a couple weeks of the conference, there were already numerous stories online about the writers’ experiences in Fairbanks, Denali, and the Arctic Circle, and there were more to come.

“We’re hoping to see great stories come out of this,” says McCrea. “We work with travel journalists all the time, and any journalist who comes through here tells us that the problem isn’t deciding what to write about but what not to write about. We’re also hoping to see new angles—not just the tried-and-true travel stories but the stories of the people who live, work, and play here year-round.”

As a DMO, that’s precisely what Explore Fairbanks lives for. “The reason we do this is that stories entice other visitors to come here, and if we get great coverage that brings people here, we’ll be happy with that,” McCrea says. “Knowing that we represent such an amazing destination that is so well appreciated is also a reward as well.”

CO N T E N T –

Alaska Business

supportive service on the North Slope—they are each vital, powerful, and necessary for a healthy economy. If you’ve been asking yourself how to reach more customers and get your brand in front of the leaders, the shakers, and the worker bees, let us help you.

Give us a call today to start the conversation.

Our next available opportunity comes with our October Top 49ers issue, which closes for ad space on August 21, 2023.

Christine has worked in Anchorage media for almost 20 years.

Her writing talents have earned her top honors as a recipient of the Alaska Broadcasters Association Goldie Awards. Her sales and marketing skills have helped countless clients connect with their target audience to achieve annual goals. She unapologetically lures clients in with her homemade raspberry jam and lives with her salmon slaying beau and a ferocious cat named Maggie.

CHRISTINE MERKI

907-257-2911 | cmerki@akbizmag.com August 2023 | 73

MEETINGS & CONVENTIONS

invested in the experiences. They spent time talking to fifth-generation river boat captain Wade Binkley about his experiences, for example, and talking to the owners of Gold Daughters about their business.

They spent time learning more about the people themselves, rather than just showing up, doing the tour, and leaving.”

Gillam has collected some resoundingly positive comments.

“I have thank you cards and emails from journalists who wrote to tell me they enjoyed the tours and especially enjoyed the weather—which was miraculously awesome for the conference,” she says. “Many people also mentioned that they enjoyed being here during green up, and they hope to come back to see the aurora or visit during the winter.”

maxbelchenko | envato

MEETINGS & CONVENTIONS

Seeing Eye to O Eye The opportunity for in-person meetings at coworking spaces

By Luanne Urfer 74 | August 2023

verwhelmingly, employers and employees agree that in-person meetings are important for collaboration, improved relationships, production, and communication.

Within Alaska, it is common to hold a meeting in a location away from your office. This provides a way to assemble a work team, introduce new members in person, assist with building interpersonal networks, and strengthen relationships.

Small and home businesses, entrepreneurs, freelancers, community leaders, and even businesses located out of town that want to hold an in-person meeting to help grow their business have a variety of venue options.

Hotels, event centers, and other professional meeting room spaces have traditionally provided meeting spaces, but they may not be a viable option depending on cost or availability. Coworking conference rooms and open spaces can fill the meeting room gap, accommodating a variety of in-person meeting needs.

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It is common to hold a meeting in a location away from your office. This provides a way to assemble a work team, introduce new members in person, assist with building interpersonal networks, and strengthen relationships.

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Accessibility and Amenities Ideally, safety and location are the most important qualities of the meeting space to consider.

Most coworking spaces have information about their location and rooms online. If you cannot visit the site, check out the actual location using Google Earth or other online sites where you can see the neighborhood and street views of the building.

Ask coworking representatives about both inside and outside access options for attendees with disabilities. Determine if nearby parking is available and what the local restrictions might be. Winter and summer lighting conditions are extremely important in Alaska.

Make sure accessibility includes safe, well-lit, secure, and comfortable accommodations for all attendees.

Successful in-person meetings also require specific amenities and technology. Most coworking spaces have available WiFi. If your meeting is to include video attendees, make sure the internet provided can accommodate your needs. Other amenities to consider include TV and DVD, projector, printing, and whiteboards. Availability of simple items, such as electrical outlets, can make a significant difference in an effective meeting.

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MEETINGS & CONVENTIONS

In-person meetings can have multiple purposes, from board meetings to project work. Flexible meeting rooms provide venues for presentations, training sessions, conferences, retreats, and workshops.

Smaller meeting rooms can accommodate private meetings for interviews, mediation, focus groups, and testimonials. Larger meeting rooms offer options for team building, events, and activities.

The first step to a successful meeting is identifying your goals and expectations. With those in hand, you can determine what kind of room and amenities will best facilitate your meeting while ensuring the comfort and engagement of your guests.

MEETINGS & CONVENTIONS Coworking conference rooms and open spaces can fill a gap where hotels or event centers might not be a perfect fit. jacoblund| envato

The right room can broaden perspectives and escalate problem solving. Productivity will increase and focus can be concentrated.

With minimal distractions, a meeting room provides a change of scenery that becomes a morale booster.

76 | August 2023

lighting and room temperature is appropriate for your venue. Check on the number, availability, and accessibility of restrooms.

To ensure a quality experience, some coworking spaces provide greeters who make attendees feel welcome and oriented. Kitchenette facilities and eating areas can be a benefit or a distraction, depending on your goals, so make sure to get details on their locations, visibility, and availability. Beverages, such as coffee, tea, and water, may be provided by the coworking space.

If your meeting requires catering or beverages, makes sure to notify the coworking management team so they can accommodate you.

If your meeting requires flexible space, check with coworking management about moving furniture in a way that supports your agenda.

Most coworking spaces support organizing the meeting room and equipment in a way that supports your goals.

Coworking spaces can usually support in-person meetings that require privacy. Let the coworking management know that your meeting is to be held to resolve conflicts, solve complex issues, record testimony, or discuss sensitive subjects. Along with an appropriate room, other accommodations may be available by the coworking management.

How Does the Space Feel?

If possible, visit the space to get an understanding of the setting and feel of the space, which allows you to determine if the space is appropriate for your purpose, if it is comfortable and large enough, and if it has the amenities that your meeting requires.

Many meeting organizers and facilitators seek out meeting rooms that are professional yet warm, inviting, and relaxed. This atmosphere allows for one-on-one interactions with the speaker and other attendees while creating a setting for open participation.

The right meeting space allows attendees to generate new concepts and ideas, broaden perspectives, and escalate problem solving.

Attendees will increase their productivity and concentrate their focus. With minimal distractions, a comfortable meeting room with quality amenities provides a change of scenery that becomes a morale booster.

Communicate Your Needs, Learn the Requirements As early in the meeting room rental process as is possible, you should have a firm idea of the number of attendees, the date, and time for your meeting. Share these details to the coworking management

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Luanne Urfer is the owner of The Valley Annex in Palmer. The Valley Annex offers a professional yet homey and relaxed atmosphere, with conference rooms, a teaching room, private offices, and open flexible space.

A concierge greets attendees upon arrival, and a kitchenette is available for beverages and food preparation adjacent to open space seating. The Valley Annex offers secure internal bike racks and dry storage. Meetings can be held during normal business hours, evenings, and on weekends.

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August 2023 | 77

MEETINGS & CONVENTIONS

team. This will assure you that the space is available when you need it. Coworking spaces have different processes for reserving the meeting room, so be sure to familiarize yourself with their requirements.

When you are ready to reserve the space, communicate your meeting needs and determine what amenities are included in the rental. If you have any specialized needs for your meeting, be sure to discuss these with the coworking management.

Each coworking space has a different policy for renting their space. Ask to see a copy of their rental contract to get an idea of what is included and what your responsibilities are. Most contracts will confirm the amenities that are provided along with how and when payments are to be made. Generally, a down payment to reserve the space is required. If the contract does not specify methods of payment, ask what options they accept.

Coworking spaces generally have hourly rates for meeting room rentals.

If your meeting is longer than a few hours, ask if they have rates for daily rentals, multiple day rentals, or even repeat meeting rentals. If needed, ask if your meeting can be accommodated outside standard business hours or on weekends.

Be sure to confirm your meeting well before the date to make sure everything will be in place at the start.

Finding and renting the right meeting space for your in-person event can improve the meeting’s outcome and will reflect positively on your company or organization— so make sure to research all of your options.

OIL & GAS

78 | August 2023

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Shared Infrastructure and roads

By Tasha Anderson

www.akbizmag.com

Common Agreement TAPS was a collaborative effort from early in the preplanning stages, with eight individual companies investing in the project and collectively forming Alyeska Pipeline Service Company in 1970. Alyeska’s launch coincided with an agreement among the parties to design and construct the pipeline, and the newly formed company was appointed as contractor and agent for the construction project.

Alaska Business

August 2023 | 79

Patricia Morales | Alaska Business

North Slope pipelines

T

he majority of North Slope infrastructure is financed, constructed, and maintained by private entities to support their oil exploration and production activities. Despite North Slope explorers and operators always having an eye on efficiency, some infrastructure (such as processing facilities) isn’t well suited for sharing among multiple companies. However, other infrastructure does lend itself to common use, such as roads and pipelines, including a notably iconic pipeline: the Trans Alaska Pipeline System (TAPS).

Even that significant collaboration and investment among private parties wouldn’t have been enough to make TAPS a reality without public support on a national level. Fortunately, the project had a president on its side. In 1973, following months of urging Congress to get behind what he called “the single largest endeavor ever undertaken by private enterprise,” then-President Richard Nixon signed the Trans-Alaska Pipeline Authorization Act. In addition to authorizing constructing TAPS, the act halted all legal challenges against the project and notably lacked any amendments allowing the US Environmental Protection Agency, the Alaska Department of Natural Resources, the Alaska Department of Fish and Game, or other government agencies to regulate its construction.

By contemporary standards, it’s incredible the act passed at all, much less with the margins it did.

The US House of Representatives passed the act with a vote of 361 in favor to 14 against, and the US Senate passed it with a landslide 80 in favor and 4 against. At the time, Nixon said the United States had a “dangerous reliance” on foreign oil that posed a long-term threat to the economy, and anxieties about national energy security worked in the act’s favor.

Regardless of how extraordinary it was, the act paved the way for construction, but it didn’t end the need for government approvals. In total, TAPS successfully acquired 515 federal and 832 state permits.

By the time construction wrapped in 1977, approximately 70,000 workers and 2,000 contractors and subcontractors had laid 550,000 tons of steel pipe manufactured in Japan and put down 73 million cubic yards of gravel (in addition to a thousand other tasks). First oil flowed on June 20, 1977, and TAPS continues to deliver oil safely from the North Slope more than forty-six years later.

Common Carrier From that first drop of oil until now, TAPS operates as a common carrier, which means that although 80 | August 2023

“State oil and gas leases do not entitle the holder to exclusive use of associated surface lands…

Assessing an access fee for access and use of gravel roads on state lands does not promote exploration or development.”

Santos, Miscellaneous Land Use Permit February 2022

the pipeline is privately owned, any company operating on the North Slope can take advantage of the pipeline to transport oil from the North Slope to Valdez.

Case in point: the pipeline is currently owned by Harvest Alaska (a Hilcorp subsidiary), ConocoPhillips Transportation Alaska, and ExxonMobil Pipeline Company;

however, Eni and Glacier Oil also produce oil that is transported through TAPS, in addition to Hilcorp’s and ConocoPhillips Alaska’s output.

TAPS’ status as a common carrier pipeline has been a critical component of North Slope development. Even with this 800mile solution in place, development costs in Alaska’s Arctic are higher than most other places, and one can only imagine how the industry may have withered to nothing if every newcomer needed to negotiate with pipeline owners to use TAPS. In addition to stranded North Slope natural gas, Alaska would also have stranded pools of North Slope oil.

Beyond TAPS, there are many other common carrier pipelines that support North Slope operations, and Australia-based Santos is leveraging some of that existing infrastructure to develop its Pikka project northwest of Prudhoe Bay. “One of the highlights of 2022 for Santos was taking a final investment decision for the Pikka project last August,” Santos Managing Director and CEO Kevin Gallagher stated at the 2023 Annual General Meeting in April. “Pikka will have a small surface footprint, utilising existing infrastructure, including the Kuparuk transportation pipeline and the trans-Alaska pipeline…

Pikka represents compelling value for Santos shareholders given its robust economics and strong local stakeholder support.”

The Kuparuk pipeline is one of several that feeds TAPS and currently transports oil produced by owner ConocoPhillips Alaska, Eni, and Hilcorp.

Santos plans to join that group.

Construction has begun at the Pikka project, which will include a single drill site, an oil processing facility, and other infrastructure to support producing 80,000 barrels of oil per day.

In addition to the infrastructure Santos plans to construct itself, it plans to utilize an existing road system that is currently owned by the Kuparuk River Unit (KRU) lessees (ConocoPhillips Alaska, Chevron,

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and ExxonMobil) and operated

by ConocoPhillips Alaska. Unlike the Kuparuk pipeline and TAPS— common carrier pipelines overseen by the Regulatory Commission of Alaska—how to share the road system is a point of contention.

Rocky Road Santos built ties with Alaska in late 2021 by acquiring Oil Search, which itself entered the state via an $850 million investment a few years earlier in 2019 when it acquired Armstrong Energy’s interest in the Pikka Unit, among other North Slope interests.

The Pikka project is located west of the KRU, and during predevelopment of the Pikka project ConocoPhillips Alaska did not object to Santos accessing the KRU road system. ConocoPhillips Alaska and Santos signed an ad hoc road use agreement that allowed Santos to use the KRU road system at no cost during pre-development.

As planning for Pikka progressed, the two companies began to

disagree on Santos’ use of the KRU road system. Santos proposed to compensate ConocoPhillips Alaska approximately $60 million for operations and maintenance and future capital expenses in May 2021, according to the Miscellaneous Land Use Permit (MLUP) that Santos filed in February 2022.

ConocoPhillips Alaska asserts that Santos’ offer was actually for much less than $60 million and that its own proposal to Santos was substantially equivalent to the road use fees that Santos previously proposed for long-term use of its own Pikka Unit roads.

In its MLUP application letter, Santos asserts: “Rather than provide feedback on the agreement proposed by OSA [Santos], CPAI [ConocoPhillips Alaska] proposed its own road use agreement on July 23, 2021. On its face CPAI’s proposal attempts to extract exorbitant value from OSA, but it also so severely burdens Pikka project economics to favor processing at CPAI facilities.”

Santos also asserts in the letter

“Exclusive subsurface rights are accompanied by limited, non-exclusive surface rights for the purpose of facilitating development within the leased tract.”

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August 2023 | 81

that “State oil and gas leases do not entitle the holder to exclusive use of associated surface lands…

Assessing an access fee for access and use of gravel roads on state lands does not promote exploration or development.”

The Alaska Department of Natural Resources (DNR) issued Santos a permit to use the road system, a decision that ConocoPhillips Alaska appealed to Acting DNR Commissioner Akis Gialopsos, who rejected the company’s request for a hearing.

According to his decision, issued in December 2022, “At its very core, the Permit authorizes ‘access to OSA’s easements within the KRU, PKU [Pikka Unit] development projects, and other lands to which OSA holds a mineral interest until a commercial road use agreement is executed between OSA and CPAI to provide for reasonable concurrent use.’”

(Gialopsos added the emphasis.)

He continued later in the decision to say, “Oil and gas leases incentivize and promote the development of the State’s resources by granting the exclusive right to the leasing party to the State’s subsurface oil and gas resources. These exclusive subsurface rights are accompanied by limited, non-exclusive surface rights for the purpose of facilitating development within the leased tract.”

ConocoPhillips Alaska exercised its right for the Anchorage Superior Court to review Gialopsos’ decision on December 30, 2022. The company states in its filing, “The commissioner erred in failing to conclude that OSA should be estopped from obtaining the permit. Under the Ad Hoc Agreement between the KRU Lessees and OSA, OSA acknowledged that the KRU roads were owned by the KRU Lessees, and that the KRU Lessees have a right to exclude OSA from use at any time. OSA also has acknowledged that roads are private property that require compensation for use. OSA attempted to sell its 11mile Pikka Unit road to the Alaska Industrial Development and Export Authority [AIDEA] for $200 million, after which OSA proposed that 82 | August 2023

“The commissioner erred in failing to conclude that [Santos] should be estopped from obtaining the permit…

[Santos] also has acknowledged that roads are private property that require compensation for use.”

ConocoPhillips Alaska Anchorage Superior Court Filing December 2022

AIDEA would charge OSA tolls for their use at a minimum $1.4 million per road-mile per year, the same per-mile annual amount that the KRU Lessees proposed for OSA’s use of the KRU roads.”

In the filing, ConocoPhillips Alaska also asserts: “The Commissioner erred in concluding that CPAI does not have a private property right in the KRU roads while disregarding that: 1) the KRU Lessees built the KRU roads with gravel purchased from the State at considerable cost; 2) the KRU Lessees pay $10 million to $20 million to maintain the KRU roads; 3) building such roads today would cost in excess of $1 billion; 4) the KRU Lessees pay annual property taxes on KRU property, which includes the KRU roads; 5) the KRU Lessees remain responsible to remediate and potentially remove the KRU roads when the leases expire; and 6) the State assumes no responsibility for maintenance or liability associated with improvements constructed on state land, meaning the responsibility falls exclusively to the KRU Lessees.”

The Road Ahead It’s important to note that, while TAPS and the Kuparuk road case both involve North Slope infrastructure, they are not directly comparable to each other. TAPS was developed in concert with multiple parties opting in for a shared benefit. The KRU road system was developed primarily to facilitate one unit’s activities, without any formal agreements in place for other parties or units to take advantage of it.

As of publication the dispute remains unresolved under the leadership of a new DNR commissioner. In May, the legislature confirmed the appointment of John Boyle to lead the department. Boyle previously worked as a chief advisor to the North Slope Borough mayor, and he was director of government affairs for BP and later, as it happens, Oil Search.

There are clearly benefits for sharing on the Slope—and arguments for protecting private investment. The uncertain status of the KRU road system is, almost literally, a bump in the road, but whatever resolution may come, it will provide greater clarity for North Slope operations moving forward.

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ZeroAvia

T R A N S P O R TAT I O N

Boarding Next: Net Zero Flights Hydrogen-electric and SAF as pathways to decarbonize aviation

By Scott Rhode 84 | August 2023

F

lying is magical in a way that a century of air travel has not quite diminished. Pasha Saleh, head of corporate development for Alaska Airlines, appreciates the prestige.

“I started off as a regional pilot for almost a decade, so the idea of regional aviation is really exciting,” Saleh says.

“The vast majority of traffic in America goes to something like 300 or 400 airports, but there are 5,000 airports in America. If you could bring those back to life again with sustainable flights, I personally get really excited about that.”

The magic of aviation comes at a price that makes it, at present, unsustainable. A jet flight, depending on distance, might emit as much greenhouse gas per traveler as the entire annual carbon footprint of a single person living in more than one-fourth of the world’s countries.

Frequent flyers rack up double, triple, or ten times the emissions.

A “flight shaming” movement has arisen to counteract travel-related greenhouse gasses. “Public sentiment is strongly moving that way,” Saleh says, pointing to laws in Europe banning domestic air travel where trains are an option.

Decarbonizing aviation is not easy. Hydrocarbons made flight possible, thanks to the energy density of kerosene.

“It’s just sort of a magic fuel for what we do,” says Saleh.

“Jet fuel was the perfect fuel for what we used it for,

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notwithstanding all the detrimental environmental effects that we’re now realizing.”

Recognizing those effects, Alaska Airlines is pursuing a five-part path toward net zero emissions by 2040.

The last resort, Saleh says, would be carbon offsets, or paying for credits to account for emissions that can’t be engineered out of the system. Before that, the company is modernizing its fleet to the Boeing 737 MAX and streamlining operations through speedier baggage loading or by training pilots to taxi on single engines.

Kicking the fossil fuel habit is another pathway, and the fifth is investing in novel propulsion, such as a hydrogen-electric powertrain.

Hero of Zero Jet propulsion is where the president of Ravn Alaska’s parent company got his start. Tom Hsieh worked on the Galileo and Cassini missions to Jupiter and Saturn at the Jet Propulsion Laboratory. Later, he was an engineer at Earthlink, one of the first billion-dollar dot-com IPOs on the Nasdaq stock market.

In 2020, Hsieh co-founded FLOAT, a startup airline in Southern California focused on operating the new generation of electric aircraft. “Our intent was to start with conventional aircraft, build a ridership, build a business model, and then upgrade the technology as that grew,” Hsieh recalls.

When COVID-19 disrupted the travel industry, FLOAT pivoted to operating an existing fleet by acquiring Ravn Alaska at a bankruptcy auction. Now Ravn Alaska is becoming a vehicle for electrifying aviation.

Ravn Alaska has pre-ordered thirty kits to retrofit its fleet of De Havilland Dash 8 turboprops: ten of the fortyseat 100 series and one of the fiftysix-seat 300s. London-based startup ZeroAvia is developing the kits that combine hydrogen fuel cells and electric motors.

“We want to be at the forefront of adopting zero-emission aviation once FAA-certified technologies come to market,” says Ravn Alaska CEO Rob McKinney. “ZeroAvia is making great strides to bringing hydrogenwww.akbizmag.com

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In exchange for an ownership stake in ZeroAvia, Alaska Airlines supplied an airframe for testing: a Bombardier Q400 (a type of De Havilland Dash 8) retired from its regional fleet.

Alaska Airlines

electric propulsion to Alaskan skies, and we’re looking forward to working together to realize green flight.”

ZeroAvia has a target date of 2026 to deliver its ZA2000 powertrain.

The system is designed to propel a 100-seat airliner on flights up to 700 nautical miles. That would serve Ravn Alaska’s needs for the two-hour connection between Anchorage and the Yukon River village of St. Mary’s, for example.

“Alaska represents the challenge facing the aviation industry writ large,” says ZeroAvia founder and CEO Val Miftakhov. “With its ample renewable energy supply and network of airfields, the state is the perfect place for some of the world’s earliest hydrogen-electric, zeroemission routes."

ZeroAvia is also getting startup support from Launch Alaska, a nonprofit accelerator for climate technology innovations.

Hsieh happens to be a Launch Alaska trustee, “Matchmaking mostly new technologies and end users, matching them with subsidies and federal grants, et cetera,” he says.

“We see a future in the aviation space using renewable energy, and we want to be a part of that.”

Flying on Hydrogen In January, ZeroAvia successfully tested a hydrogen-electric Dornier 228. ZeroAvia uses grid power to make hydrogen by electrolysis of water. The resulting hydrogen is stored in the plane, and proton 86 | August 2023

exchange membrane fuel cells convert the hydrogen into electricity to drive the Dornier 228’s propellers.

The nineteen-passenger utility aircraft has a range of about 300 nautical miles with a 600-kW powertrain. A retrofitted Dash 8 will have three times the power at 1.8 MW. This summer, the modified Dornier 228 is flying its first point-to-point route, a step up from test flights that land where they originated. Georgy Egorov, chief investment officer for ZeroAvia, says the company aims to fly a modified Dash 8 by the end of 2024.

The progress and promise convinced Alaska Airlines to take an equity share in ZeroAvia. “They were the only people in the world who had flown an airplane on hydrogen,” says Saleh. “Yes, it was a smaller airplane, but they proved it could be done.”

ZeroAvia is not the only pioneer in zero-emission aviation. Saleh points to California-based Universal Hydrogen, which envisions a central electrolysis plant that would dispatch tanker trucks to airports nationwide.

Contrast that with ZeroAvia’s concept of producing hydrogen near airports.

“Too soon to tell which is the right approach, or maybe it’ll be both,” says Saleh, “but we cast our lot with ZeroAvia mainly because of that pragmatic approach.”

Test flights so far have used gaseous hydrogen, but future aircraft will use super-chilled liquid hydrogen, the same propellant that filled the space shuttle’s enormous

external tank. For ZeroAvia to succeed, ground crews at every regional airport in Alaska—from Ralph Wien Memorial in Kotzebue to Merle K (Mudhole) Smith in Cordova— would need to handle, essentially, rocket fuel.

ZeroAvia is realistic about the difficulties, and Saleh says Alaska Airlines bought into ZeroAvia thanks to the startup’s honesty. Leadership was impressed when ZeroAvia admitted that a certain technology wasn’t ready and then, a year later, came back with a real solution.

“They’re not just trying to sell us something,” he says.

Something Out of Nothing The Dash 8 retrofit kits that ZeroAvia aims to sell, Alaska Airlines couldn’t buy anyway. Sister carrier Horizon Air flew its last Dash 8 in January; since then, Horizon only flies Embraer E175 jets. For the sake of crew efficiency, Alaska Air Group sold its thirty-two Dash 8 turboprops.

One of those airframes is now ZeroAvia’s testbed. Alaska Airlines’ ownership stake in the startup was the purchase price for the plane.

Technically, it’s a version of the Dash 8 known as the Bombardier Q400, a larger variant of the Q300 in Ravn’s fleet.

“This is sort of the perfect size, where it’s definitely a stretch goal,” says Saleh. “It’s not easy for them to go from nineteen-seater to seventysix, but if that can be done… Yeah, maybe they can do that, and then we

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would be interested.”

ZeroAvia might get rich selling hydrogen-electric powertrains for Dash 8s, and Alaska Airlines would share in that profit—even if it never uses the technology itself. The company’s experience with Dash 8s has value for ZeroAvia’s development.

“We have some insight, when you’re dramatically modifying it,” says Saleh. “How would you do that with an eye toward serviceability, being able to load it and unload it?”

Hands-on experience as a pilot is what Saleh brings to the airline’s sustainability initiatives.

“Having walked in the shoes of the pilot, you sort of understand what we can achieve and what we can’t,” he says. “There’s a lot of mythical things out there that profess to have sustainability benefits, but even if they were to materialize, is this something you can practically use?”

Materializing something out of seemingly nothing must surely be mythical. That’s the reaction Ashwin Jadhav frequently hears about his company’s flagship

project, E-Jet. As vice president of business development for Twelve, Jadhav must not only explain how the product works but that, yes, it really exists.

E-Jet is functionally the same as kerosene jet fuel except that, instead of being refined from petroleum, it’s synthesized from carbon dioxide and water. That is, with an input of electricity, exhaust gas is transmogrified back into combustible liquid. Presto!

“I mean, that would be the perfect solution,” says Saleh of recycling carbon from the air. So Alaska Airlines is backing Twelve, too, preordering E-Jet fuel.

“I’m very excited about that,” says Jadhav. “Alaska Airlines obviously is, you know, a leader in the sustainability space… They’ve given us the opportunity to go to market with their airplanes, and hopefully it’s a long-lasting partnership.”

Magic Words The technologies that both Twelve and ZeroAvia are developing are

in a category called Power-to-X, where electricity from whatever source (preferably renewable) drives a process that stores the energy in chemical form.

Twelve has other product lines that spin waste carbon dioxide—currently taken from flue gas at ethanol plants—into more valuable products, like feedstock for laundry detergent, plastic sunglass lenses, or auto parts.

Jadhav says sustainable aviation fuel (SAF) is the most scalable market, so that is where the focus is. “From an economic perspective, there’s a lot of incentives out there that facilitate the fast scale-up,” he says.

The magic words that enable Twelve’s astonishing transmutation are “proprietary catalyst.” A reactor vessel splits carbon dioxide into carbon monoxide, which combines with hydrogen to form syngas, a common chemical feedstock. Via the century-old Fischer-Tropsch process, syngas becomes liquid hydrocarbon.

E-Jet works in existing engines, no retrofits necessary. However, due to current regulations, Jadhav says

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August 2023 | 87

emissions and whatnot,” he says.

“We want to be able to rewrite the story of carbon.”

The US Air Force helped write that story by backing a pilot project in 2021. The online retailer Shopify is also supporting Twelve by purchasing the green energy attributes of E-Jet, if not the fuel itself.

Abu Dhabi-based Etihad Airways is another early customer, ready to use E-Jet when the Moses Lake gigafactory is operational sometime next year.

By that time, Alaska Airlines will also pump E-Jet into planes at Seattle-Tacoma International Airport.

Flyers bound for Alaska will ride on fuel made from smokestack waste and Washington hydropower. “We hope that we can provide Alaska Airlines with millions and millions of gallons of fuel in the future,” says Jadhav, “not only to penetrate into the Alaska region but, you know, across their entire network.”

Test pilot Jon Killerby hugs ZeroAvia's vice president for Europe, Sergey Kiselev, to celebrate the successful test in January of a hydrogenelectric Dornier 228, a nineteen-seat utility plane.

ZeroAvia

ZeroAvia's ground test rig, called HyperTruck, tests the HyperCore motor in May, as the company scales up to airliners with larger propellers.

Joe Nicholson | ZeroAvia

test flights must blend it 50/50 with conventional fuel.

Construction is set to begin this year on a commercial-scale fuel plant at Moses Lake, Washington. Abundant hydropower enables Twelve to claim a 90 percent reduction in life-cycle carbon dioxide emissions compared to fossil fuel. “The reason we’re not at zero is because, within the process itself, there are still some emissions: 88 | August 2023

we have to transport the fuel via truck to a blending facility, et cetera,” Jadhav explains.

Twelve takes its name from the atomic weight of carbon—six protons and six neutrons—and Jadhav says the company is trying to rehabilitate the element. “Whenever somebody thinks of carbon dioxide these days, it sounds like a slightly dirty word, right? Because of

Capacity to Grow Twelve is planning two more factory sites to open in 2025 and 2026.

Might one be located at the other end of a Seattle-to-Alaska flight?

“Alaska is definitely being considered, specifically because there’s so much energy,” Jadhav says.

The “Air Crossroads of the World” in Anchorage is especially attractive because cargo flights can refuel midway between Asia and the Lower 48. “It’s easier to pass the incentives and costs down the supply chain to freight forwarders, so the [cargo] airlines are slightly more amenable; they have a bigger SAF appetite in general,” says Jadhav.

Jet fuel has long been refined in Nikiski, Valdez, and North Pole from local petroleum, but producing SAF would require an entirely different infrastructure. The electricity grid in the Anchorage area is largely powered by Cook Inlet natural gas, and it would be pointless to burn that resource simply to transfer its energy to airplanes.

Jadhav says Twelve would need a long-term supply of renewable energy, a surplus that could drive its chemical process. “The renewable energy grids that exist today are built

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for today; they’re not built for the kinds of power we need in 2040, in 2050. We’re very limited in what we’re seeing, from a capacity perspective, so that has to grow,” Jadhav says.

Furthermore, an E-Jet plant would be co-located with a carbon dioxide source, also not from burning fossil fuels. The exhaust is too impure for the chemistry, Jadhav explains, and it would wipe out E-Jet’s value as green energy.

Wisps of carbon dioxide are available in the surrounding air, but not enough for Twelve’s industrial process. Only a small portion comes from direct air capture, but Jadhav says that may increase as technology improves.

Meanwhile, hydrogen is readily available in water, so ZeroAvia has the advantage of raw material anywhere that Ravn Alaska flies.

“We’re hoping to start flying hydrogen aircraft in 2025,” Hsieh says.

He then asks, “Where’s the hydrogen going to come from?” According to Hsieh, Ravn Alaska would like to see hydrogen made locally, but the

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resources to produce it haven’t been built yet.

Mutual Respect The two approaches to decarbonizing aviation—ZeroAvia’s hydrogen-electric and Twelve’s SAF— might seem to be in competition.

Neither company sees it that way, though.

“SAF, we like it because it can be implemented right now,” says ZeroAvia’s Egorov. “I have such respect for the SAF.” He notes that ZeroAvia is on a pathway to fly 100seat airliners, but jumbo jets are beyond the technological horizon.

Meanwhile, SAF is a more mature technology with more obvious rewards. “When we sign our power purchase agreements with renewable electricity providers, we’re doing so for ten to twenty years,” Jadhav says.

“I have the ability to give the airline a fixed price for the next ten years that is not linked to any index, it’s not linked to fossil fuel.”

Saleh agrees that longer flights will be chiefly decarbonized with SAF

Alaska Business

to reach the 2040 goal. “We have to use everything in our arsenal to be able to do that,” says Saleh. “Electric aviation is just one tool, but it only affects the regional subsidiary that we have.”

Further, there’s more to SAF than E-Jet; more progress has been made using biofuels made from forest residues or cooking oil. Twelve’s process is a step toward capturing carbon from the atmosphere. “That’s pure magic, super expensive,” Saleh says.

“We need all of these technologies to work together,” Jadhav says.

“We [the industry] are throwing darts, in some ways, but a lot of these darts are interchangeable; the optimization of the darts is unknown yet.” He adds that certain technologies work better for different categories of aircraft.

ZeroAvia, for instance, could retrofit small Cessnas that service Northern Alaska and Southeast, where SAF for jets is not the optimal solution.

“We’ll compete in 2050,” Jadhav says.

August 2023 | 89

PeopleImages | iStock

H E A LT H C A R E

A Prescription for Better Healthcare Pharmacists play a significant role in patients’ well-being

By Rachael Kvapil

C

ommunity pharmacies are the most visible representation of the healthcare system at work.

Drugstore chains, including those found in grocery stores, are easily recognizable, although independent pharmacies also have locations inside other health-related facilities like clinics or hospitals. Pharmacists regularly interact with customers who are picking up prescriptions, and they respond to inquiries about over-the-counter medicines and symptoms. In Alaska, pharmacists are recognized as a highly trained medical profession, though this is not the case nationwide. This lack of recognition can create difficulties providing medical services to those who need it most.

Not Your Parents’ Pharmacist In the past 100 years, pharmacy practice has evolved dramatically.

Once responsible for compounding most of the prescriptions they 90 | August 2023

“It’s important to give the customer all the information they feel equipped to handle…

At the end of the day, pharmacists just want to help people.”

Jackie May Pharmacist in Charge, Bernie’s Pharmacy

received, they gradually moved toward dispensing premanufactured medications.

However, the pharmacist’s role was limited in the ‘50s, as they were discouraged

from discussing the contents of the prescription with patients to avoid potentially violating the physician/ patient relationship. By the ‘80s, this began to change as pharmacists saw themselves as clinical professionals and advocated taking a more active role in prescription counseling and as immunizers. Educational standards reflected this increased role as healthcare providers.

Pharmacists once only needed a Bachelor of Science degree to practice. They now must also complete a post-graduate PharmD degree, continuing training, and regular recertification.

“Pharmacists do more than count pills and put them in a bottle,” says the director of Denali Pharmacy in Fairbanks, Karen Miller. “We screen patient profiles to ensure they receive the right dose at the right quantities for their age.”

Miller says pharmacists conduct Drug Utilization Reviews (DURs)

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to identify potential and adverse effects, duplications, drug allergies, medication appropriateness, and more. This review ensures that medications are used appropriately, safely, and effectively.

“There are times when a provider may overlook something or prescribe a medication with a similar name to the medication they meant,” says Jackie May, pharmacist in charge at Bernie’s Pharmacy in Anchorage.

“Pharmacists provide the necessary checks and balances that improve our healthcare system.”

However, community pharmacists aren’t the only ones providing this oversight. Clinical pharmacists work directly with healthcare providers to ensure patients receive the best combination of medications that lead to the best possible outcomes.

Clinical pharmacists don’t dispense medication like community pharmacists. Instead, clinical pharmacists are part of a collaborative healthcare team that supports efforts to improve the patient’s health. In this role, they often interact directly with patients to identify potential medication options that meet the patient’s needs and goals.

“The role of a clinical pharmacist is essentially the same as a community pharmacist,” says Jane LeBlond, clinical pharmacist for Foundation Health Partners. “We work further upstream at the provider level where we can head off any complications at the pharmacy window.”

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The Problems with PBMs Ask pharmacists about the number one challenge in the industry right now, and most will point to PBMs, or pharmacy benefits managers.

PBMs first appeared in the ‘60s as third-party administrators of prescription drug programs for commercial health insurance plans, self-insured employer plans, the Federal Employees Health Benefits Program, and state government employee plans.

PBMs’ main goal is to curb the cost of medication therapy; however, pharmacists have issues with the methods used to achieve that goal.

According to the Alaska Pharmacists www.akbizmag.com

Alaska Business

August 2023 | 91

Association (AKPhA), PBMs limit patient choice of pharmacy by funneling patients to PBM-approved pharmacies often owned by or affiliated with the PBM. Furthermore, AKPhA says PBMs engage in “white bagging” and “brown bagging” practices that impose barriers between patients and their healthcare providers. In the case of “white bagging,” PBMs bar hospitals and clinical pharmacies from filling prescriptions onsite to treat patients (e.g., infusion cancer drugs) and require prescriptions sent to an external, PBM-selected pharmacy that will ship the drug to the patient’s providers for storage until the patient arrives for treatment. In “brown bagging” situations, PBMs require the drug to be shipped to the patient’s home. The patient then becomes responsible for storing and carrying the drug to the clinic for treatment.

In these scenarios, the clinical pharmacies can no longer guarantee the drug’s source, dosage, handling in transit, or even if they will have the medication when needed for treatment.

AKPhA says PBMs also influence the reimbursement rates for community pharmacies.

PMBs currently reimburse affiliated pharmacies at a higher rate than non-affiliated pharmacies. They also impose unequal copayments, fees, or conditions for the same benefit category and penalize patients for using a non-affiliated pharmacy.

At times, PBMs will mandate that patients use mail-order or PBMaffiliated pharmacies, prohibit a network pharmacy from shipping drugs to patients, and require undue credentialing and fees from pharmacies seeking to join a PBM network. Likewise, AKPhA says PBMs also engage in “spread pricing,” where they collect more for a drug from an insurer than the PBM reimburses to the pharmacy, allowing the PBM to pocket the difference.

“PBMs are a middleman that negotiates pricing on behalf of insurance and pharmacies while at the same time owning pharmacies that fulfill prescriptions via mail 92 | August 2023

order and control how much we get reimbursed,” says May. “I don’t know what you would call an industry with that kind of oversight, but it doesn’t encourage fair competition. And it’s putting the independent pharmacy out of business.”

Miller says poor reimbursement practices hit especially hard during the COVID-19 pandemic, when pharmacies regularly tested and vaccinated people, often without reimbursement.

“Technicians are the bread and butter of a community pharmacy.

They cannot perform drug utilization review checks, but they do a lot in terms of data entry, billing, drug ordering, and insurance.”

Karen Miller Director Denali Pharmacy

“We proved our worth when the State of Alaska issued an emergency order that allowed us to fill the gaps in patient care,” says Miller.

“With the passing of HB145 last fall, pharmacists were recognized on a state level as a highly trained Doctor of Pharmacy that, with the training and licensure, can work in collaborative practice to manage chronic disease. Now we need that same recognition on a national level.”

Currently, the Federal Trade Commission is conducting an extensive inquiry into PBMs’ practices, lack of transparency, and

their impact on the accessibility and affordability of prescription drugs. Miller encourages small businesses to consult a pharmacist when considering a health insurance package for their employees. She says a pharmacist can explain the prescription coverage, present alternative therapies, and help keep employees healthy without breaking the bank.

Dual Roles The general procedure for processing prescriptions starts with the provider giving the patient a hardcopy request for a specific medication or the provider faxing, phoning, or electronically prescribing the prescription directly to the patient’s chosen pharmacy.

The pharmacist, a pharmacy technician, or a pharmacy intern enters the prescription into the patient’s profile in the pharmacy computer system along with the billing information to determine insurance coverage, discount savings, or cash price designated by the product manufacturer. The pharmacist conducts an initial prescription check to make sure the request is appropriate for the patient before approving the pharmacy technician to fill the order. This is followed by a second prescription check from the pharmacist to make sure the label has the correct medication name, strength, and quantity. Only then is the prescription available for the patient to pick up.

Technicians are vital to a pharmacy’s operation, Miller says.

Though their positions do not require degrees, they are licensed with the Alaska Board of Pharmacy and are responsible for many day-today tasks that allow pharmacists to provide healthcare to customers.

“We like our technicians to be fully certified, but they are hard to find,” says Miller. “Technicians are the bread and butter of a community pharmacy. They cannot perform drug utilization review checks, but they do a lot in terms of data entry, billing, drug ordering, and insurance.”

Technical skills are important in determining the appropriateness of

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a customer’s medication; however, interpersonal skills are also needed.

Pharmacists serve customers with diverse backgrounds (age, socioeconomic status, education) and emotional states (happy, stoic, sad, anxious).

Interacting with customers who are picking up regular prescriptions is often different from serving customers who are picking up prescriptions for a sudden illness.

“The most important thing in a stressful situation is not to add to that stress,” says May. “It’s important to give the customer all the information they feel equipped to handle.”

In cases where prescription costs are the stressor, May says a pharmacist can check if a less expensive generic brand exists, help locate possible manufacturer coupons, or, in extreme cases, find samples until the provider can identify an affordable option.

“At the end of the day, pharmacists just want to help people,” she says.

As a clinical pharmacist, LeBlond sees additional barriers to medical compliance, like if the medication has

an unexpected side effect, the patient is unable to get to the pharmacy to pick up prescriptions, or difficulty reading the label because the print is too small or English is not the patient’s primary language.

“No one wants to be sick,” says LeBlond. “If they aren’t taking their medications, it’s usually for a specific reason.”

The Future of Pharmacy As much as the pharmacy industry has changed in the last ten years, LeBlond expects it to evolve further.

She foresees pharmacists playing a more significant role in healthcare teams working directly with patients and influencing drug therapy choices at the time of prescribing. Already she says pharmacists are increasingly becoming more specialized, with advanced accreditation and board certifications needed for specified fields within the industry.

“I see pharmacists moving into roles more closely aligned with midlevel practitioners like PAs [physician assistants] and nurse practitioners,”

says LeBlond.

Miller feels there will always be the need for a medication expert, whether a community pharmacist, a clinical pharmacist, a consulting pharmacist, or a specialist in a related field. Though clinical pharmacists are higher up the chain than community pharmacists, Miller says the important thing is that everyone works together as a healthcare team on behalf of the patient’s best interest.

In May’s case, recent supply chain issues created a need for expertise that had been idle in the era of premanufactured medications. As one of the remaining compounding labs in the state, Bernie’s is finding a frequent need to mix prescriptions onsite when the premanufactured option is on backorder, May says.

“As a nation, we’re going to have to figure out how to be nimble,” says May. “Large corporations can’t pivot fast enough. A small pharmacy like ours can decide here the best way to use our specialized services to help the community.”

EXECUTIVES WITH HEART The American Heart Association would like to recognize these generous leaders who are moving the mission forward in Alaska. Executives with Heart give their time and make a financial commitment to the Alaska Heart Run & Walk putting the well-being of families, employees and our community first.

Thank you and congratulations to the following individuals who have raised $5,000 or more.

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Alaska Heart & Vascular Institute Live Fierce, Alaska sponsor:

Dawn McQuay

Alyeska Pipeline Services

Sarah Ransom LifeMed Alaska

Live Fierce, End Tobacco and Vaping local sponsor:

To join local leaders in making an impact in the health and wellbeing of Alaskans during the 2024 campaign, contact Mike Lajoie at Mike.Lajoie@heart.org. www.akbizmag.com

Alaska Business

August 2023 | 93

SAFETY CORNER

s r e iv a w l ia c e p s r o f d “T he constant nee y written public policy. is symptomatic of poorl It's a signal that the cost of compliance is unreasonably high;

; e r u s a e m to d r a h e r a the benefitdseither legislators or regulators have an

failed to do their homework.”

Waiver Hello

-Jo hn Sunu nu

The basics of transferring liability risks

By Sean Dewalt

F

or many people, one of the best aspects about Alaska is the incredible amount of adventures and excursions that are available in the state. Businesses in the Great Land offer an unending number of unique and exciting opportunities to see and experience this place we call home.

To balance the wants of a business to provide the activity with limited liability against the participants’ desire to engage in an activity that has known inherent risks, in 2001 the Alaska Legislature enacted a law that would limit the liability for Alaska businesses that engage in riskladen activities. People who choose to willingly participate in these outings accept the risks as part of the adventure. The statute includes the following language: AS 09.65.290. Civil Liability for Sports or Recreational Activities 1. A person who participates in a sports or recreational activity 94 | August 2023

assumes the inherent risks in that sports or recreational activity and is legally responsible for all injuries or death to the person or other persons and for all damage to property that results from the inherent risks in that sports or recreational activity.

2. This section does not require a provider to eliminate, alter, or control the inherent risks within the particular sports or recreational activity that is provided.

3. This section does not apply to a civil action based on the negligence of a provider if the a . negligence was the proximate cause of the injury, death, or damage; or b . design or manufacture of sports or recreational equipment or products or safety equipment used incidental to or required by a sports or recreational activity.

4. Nothing in this section shall be construed to conflict with or render as ineffectual a liability release agreement between a person who participates in a sports or recreational activity and a provider.

5. In this section, a . "inherent risks" means those dangers or conditions that are characteristic of, intrinsic to, or an integral part of a sports or recreational activity; b . "provider" means a person or a federal, state, or municipal agency that promotes, offers, or conducts a sports or recreational activity, whether for pay or otherwise; c . "sports or recreational activity" means a commonly understood sporting activity, whether undertaken with or without permission,

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including baseball, softball, football, soccer, basketball, hockey, bungee jumping, parasailing, bicycling, hiking, swimming, skateboarding, horseback riding and other equine activity, dude ranching, mountain climbing, river floating, whitewater rafting, canoeing, kayaking, hunting, fishing, backcountry trips, mushing, backcountry or helicopterassisted skiing, alpine skiing, Nordic skiing, snowboarding, telemarking, snow sliding, snowmobiling, off-road and all-terrain vehicle use.

Clearly, the language in the statute does not cover every excursion or activity that Alaska businesses offer as part of commerce. There will always be new and emerging opportunities that people wish to engage in. Therefore, many businesses rely on a Waiver of Liability to transfer the risk back to the participant who is willingly taking part in the activity to help

reduce the residual risks posed to the business that may (or may not be) covered by Alaska Statute.

Voluntary Relinquishment Black’s Law Dictionary defines a Waiver of Liability as “the intentional or voluntary relinquishment of a known right. Waiver is when a person intentionally and with full knowledge, gives away [their] right to exercise or chooses not to exercise that right which the person would otherwise possess.”

This enforceable contract is a formal agreement in which one party agrees not to hold another party liable for damages or injury. A signed liability waiver, however, is not a blanket exemption from liability for operators of a dangerous activity.

These types of agreements are traditionally signed in ink or agreed to by electronic signature prior to the activity and are retained by the party that requires the waiver.

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To balance the wants of a business to provide the activity with limited liability against the participants’ desire to engage in an activity that has known inherent risks, in 2001 the Alaska Legislature enacted a law that would limit the liability for Alaska businesses that engage in risk-laden activities.

96 | August 2023

skiing, indoor climbing, or a guided expedition to the top of Denali, most companies require these documents to engage in that venture.

Donahue v. Ledgends The Waiver of Liability argument came to a head in 2008 when Claire Donahue sued the Alaska Rock Gym. Donahue decided in March 2008 to attend a class at the Alaska Rock Gym called “Rockin' Women.” She testified that she chose the class because she thought it could be tailored to specific skill levels and because she “got the impression from the advertisements that that is the type of group it was, that it was a safe way to learn to climb.”

According to court records, she fell about four feet from a bouldering wall and broke her leg.

The gym required Donahue to read a warning and sign a Waiver of Liability before taking the class.

The agreement purported to release the gym from liability for any injuries suffered by participants in the climbing class. When the Alaska Rock Gym moved to dismiss the case, the plaintiff filed her own motion claiming that the gym had violated the Unfair Trade Practices and Consumer Protection Act, which allegedly made the release null and void.

In 2014, this case made its way to the Alaska Supreme Court after the lower court decided against Donahue. Justices affirmed the lower court ruling and stated that the release for all negligence signed by the plaintiff was valid and dismissed her case against the gym.

The appeal provided an opportunity for the Supreme Court to weigh in on the liability waiver portion. In that ruling, the justices stated, “Alaska recognizes that recreational releases from liability for negligence are not void as a matter of public policy, because to hold otherwise would impose unreasonable burdens on businesses whose patrons want to engage in high-risk physical activities.” The court also noted that, “such an agreement, read as a whole, must

clearly notify the prospective releasor or indemnitor of the effect of signing the release.”

Six Characteristics of Effective Waivers More importantly, the Supreme Court reviewed a conclusion from the lower court stating that three previously decided cases, when combined, provided an outline of what an “effective liability release” should contain: 1. the risk being waived must be specifically and clearly set forth (e.g. death, bodily injury, and property damage); 2. a waiver of negligence must be specifically set forth using the word “negligence”; 3. these factors must be brought home to the releasor in clear, emphasized language by using simple words and capital letters; 4. the release must not violate public policy; 5. if a release seeks to exculpate a defendant from liability for acts of negligence unrelated to inherent risks, the release must suggest an intent to do so; and 6. the release agreement must not represent or insinuate standards of safety or maintenance.

The list of six items should be the basis in which all Waivers of Liability in Alaska are created. By using these six characteristics reviewed by the courts, an attorney can formulate a Waiver of Liability that can stand up in court when it is needed most. Take the time to reassess your company’s Waiver of Liability today and consult your attorney for specifics with your waiver to ensure that you do not end up holding what amounts to a piece of paper.

Sean Dewalt is a Senior Loss Control Consultant for Umialik Insurance Company in Anchorage. Dewalt has been working in safety and risk management in Alaska since 2000.

This column is intended to be informational and is not intended to be construed as legal advice.

Alaska Business www.akbizmag.com

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INSIDE ALASKA BUSINESS Northrim Bank A new loan production office extends Northrim Bank’s services in Homer. The office at 601 E. Pioneer Avenue, Suite 209, provides loan information and applications. The office is staffed by Jennifer McLay, a former city council member in Kachemak and a thirty-year veteran of the Alaska financial industry.

She started working for Northrim in April. Northrim Chairman and CEO Joe Schierhorn says he is pleased to welcome McLay to the company and to expand into a new market. northrim.com

Three Bears Alaska The Wasilla-based supermarket chain Three Bears Alaska now has an outpost in Southeast.

Company owner David Weisz used giant scissors to cut the ribbon on the new location in Saxman, just outside of Ketchikan. The only place to buy groceries south of Ketchikan city limits, the new Three Bears fills the retail gap left by the destruction of Tatsuda’s IGA Fresh Market by a landslide in 2020.

The store has an attached ACE Hardware. It’s the chain’s eleventh Alaska store, plus ten smaller convenience stores, and a location in Butte, Montana. threebearsalaska.com

Jersey Mike's Subs Nationwide sandwich chain Jersey Mike’s Subs opened its first Alaska location in Wasilla, preceding South Anchorage and Eagle River shops throughout the summer. The line of new customers at the grand opening, heading into Memorial Day weekend, was out the door during lunch hour, wrapping around the building, yet more than thirty staff on duty kept the line moving steadily. The franchise at 1451 E. Parks Highway, near the shore of Wasilla Lake, is owned by Fred Rosenberg, whose Gourmet 98 | August 2023

Ventures, Inc. operates Red Robin restaurants as well. Jersey Mike’s Subs now has franchises in all fifty states, with more than 2,500 locations nationwide. jerseymikes.com

HighGold | CIRI Advanced exploration is returning to the site of a proposed underground gold mine near the foot of Mt. Iliamna. Vancouverbased HighGold contracted for work this season at Johnson Tract, a prospect on a 20,000-acre parcel owned by Cook Inlet Region, Inc. inside Lake Clark National Park and Preserve. Plans for a mine have been in the works since the ‘80s, but with no way to move ore out, the project sat idle for twenty-five years. HighGold wants to build a road to an airstrip, which would facilitate underground exploration as early as 2025. highgoldmining.com | ciri.com

Arctic Slope Telephone Association Cooperative As internet connectivity expands in Alaska, so are the variety of service plans. Arctic Slope Telephone Association Cooperative (ASTAC) is offering what it calls Unlimited Internet to members, lowering plan rates, and releasing more affordable plans for elders. ASTAC’s Unlimited Internet eliminates data caps, speed throttling, or additional charges for exceeding allocated bandwidth. “Our team is dedicated to bringing our membership a Top of the World connection and leading the way in unlimited and fiber services,” says ASTAC senior customer experience manager Ashlee Bobbitt. astac.net

D&L Construction

replace a bridge at Sourdough Creek Campground north of Glennallen. The Federal Highway Administration - Western Federal Lands Highway Division awarded the contract to D&L Construction of Cooper Landing. The project replaces a 50-foot bridge rated for reduced loads with an expanded 90-foot bridge to accommodate heavier vehicles. Completion of the new bridge is expected this fall.

Work includes improved public access to the federal campground’s forty-two camp sites, interpretive trail, and boat launch. Funding is provided by the Great American Outdoors Act, which was signed into law in 2020. D&L Construction has been operating out of Cooper Landing and Soldotna since 1985.

Alaska Regional Hospital Reviving a request from 2015, Alaska Regional Hospital is asking state regulators to approve a standalone emergency department in South Anchorage. The proposed $18 million facility with a dozen beds would be the first of its kind in Alaska, separate from its parent hospital. The state health department turned down Alaska Regional’s previous “certificate of need” request for similar facilities in South Anchorage and Eagle River, instead approving the addition of thirteen emergency beds at Providence Alaska Medical Center. Freestanding ERs have been criticized as more expensive than hospital ERs or urgent care clinics. alaskaregional.com

Editor's Note: Economic Indicators has moved to akbizmag.com.

Find daily updates on oil and gas prices as well as monthly employment updates on our homepage.

A contractor on the Kenai Peninsula gets the $3.2 million job to Alaska Business www.akbizmag.com

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ANCHORAGE FAIRBANKS

RIGHT MOVES UAF Bristol Bay Campus

·

The UAF College of Rural and Community Development appointed Wanda Wahl to serve as Director of the Bristol Bay Campus in Dillingham. Wahl had Wahl been serving as interim director since May 2021 and began working for the campus in 1985. As director, Wahl oversees a campus that serves thirty-three remote villages scattered over a 55,000-square-mile area, including Bristol Bay, the Alaska Peninsula, the Pribilof Islands, and the Aleutian Islands.

Wahl is a lifelong Dillingham resident. She is an enrolled tribal member of Curyung, the tribe on whose ancestral land the Bristol Bay Campus is located. She holds a bachelor's degree in business from Linfield University in McMinnville, Oregon.

Juneau School District

·

The Juneau School District (JSD) selected Eldri Westmoreland as the first permanent Principal of the Tlingit Culture, Language, Westmoreland and Literacy (TCLL) program.

Westmoreland takes over for interim principal Molly Box to lead the program that has grown since it was established in 2000. TCLL is a place-based, culture-based "program within a school" that currently serves seventy-two students in kindergarten through 5th grade and is expanding to middle school. Originally launched by Sealaska Heritage Institute (SHI), it proved so successful that JSD assumed funding for the program. Westmoreland holds a master's degree in mathematics education and is pursuing her doctorate in Indigenous Studies with a focus on education at UAF. She began

her professional journey in 1993 as a preschool teacher before moving into elementary and middle school as a lead teacher. She began working for the JSD as an elementary classroom teacher in 2009 and since 2019 has served both JSD and SHI as a middle school mentor teacher, instructional coach, and curriculum developer.

She also owns and directs her own Indigenous education research and curriculum firm, Math Raven. She is Yeíl, Kaach.ádi (Raven, Frog).

Alaska Dance Theatre

·

The new Executive Director of Alaska Dance Theatre (ADT) is Cari Boltz Zawodny, a nonprofit leader who has served as program director for the League Zawodny of Women Voters’ Anchorage Youth Vote since 2012. In her new position, Zawodny is responsible for honing partnerships, identifying and growing funding opportunities, and engaging broader community participation.

Chosen from a diverse field of candidates in a nationwide search, Zawodny brings more than twenty years of experience in nonprofit leadership, youth advocacy, and community building. Zawodny received a bachelor’s degree in media and theater arts/film from Montana State University in Bozeman. She already contributes to the arts as a facilitator for Alaska Youth Orchestras and a mentor for Alaska Teen Media Institute. ADT has a staff of six supporting more than twenty instructors.

·

Discover Kodiak

A new boss is in charge at Discover Kodiak just in time for the busy summer season. Brock Simmons has taken over as Executive Director of the visitor’s bureau. His own background is in law enforcement, working in Kodiak first as a

corrections officer, then with the Kodiak Police Department and as an Alaska State Trooper. He worked as a bear viewing guide at Karluk Lake after retiring from the Simmons Troopers. As the head of Discover Kodiak, Simmons says he wants to expand the visitor bureau’s connection with hunters.

Alaska Chamber

·

The Alaska Chamber has a new Director of External Affairs.

Kari Nore, most recently a project manager for the Resource Development Council of Alaska Nore (RDC), is taking on responsibility for the statewide chamber of commerce’s communications and advocacy efforts.

Born and raised in North Pole, Nore holds a bachelor’s degree in political science with a double minor in French and psychology from Gonzaga University in Spokane, Washington.

Prior to working at RDC, Nore spent six years working in the Alaska Legislature, advancing her career from scheduler to a senior staff position in the Senate President’s office.

United Way of Anchorage

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The United Way of Anchorage hired Amy DeBruhl as its new Chief Communications Officer. A seasoned Alaska communications professional, she has eighteen DeBruhl years of experience in strategy and management for nonprofit and Alaska Native organizations, including the past eight years as Corporate Communications Manager at the Alaska Native Tribal Health Consortium (ANTHC). At United Way of Anchorage, DeBruhl helps lead the organization’s strategies to

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Committed to the Alaska Spirit 100 | August 2023

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improve the health, education, and financial stability of everyone in Anchorage alongside an expanded communications team that includes specialists in storytelling, visual storytelling, social media, public relations, and advertising. DeBruhl, born and raised in Anchorage, has Dena’ina Athabascan roots from Nondalton and Hän Gwich’in Athabascan roots from Eagle. She earned a bachelor’s degree in English from Columbia University and a master of business administration degree from Willamette University. During her tenure at ANTHC, she expanded digital marketing and communications across web, social media, and advertising.

Bettisworth North Bettisworth North Architects and Planners hired two licensed landscape architects and an architectural designer.

With thirty-nine professionals on staff, the firm now has more licensed landscape architects than any other locally owned and operated firm in Alaska.

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Stephanie Cloud is a licensed Landscape Architect in Bettisworth North’s Anchorage office. Her training includes study abroad and a master’s Cloud degree in landscape architecture earned with her thesis on healthy people and healthy communities. Cloud’s experience as a naturalist with the US Forest Service expanded her knowledge of native plants and the important role they play in creating robust, sustainable outdoor spaces. Cloud has worked on public and commercial projects across the state with clients that include the Anchorage School District, Alaska Native Tribal Health Consortium, and UAA. Laura Minski is a Landscape Architect in Bettisworth North’s Fairbanks office. Her fifteen-year professional history includes extensive experience in parks, trails, and

·

playgrounds design. She is a certified park and recreation professional and currently serves as secretary of the American Society of Landscape Architects Alaska Chapter. Minski’s portfolio Minski features public projects both large and small.

Examples are Growden Park accessibility, Bluebell Park renovations, John Weaver Memorial Skate Park, Herman Leirer multimodal trails, Russian Jack Park, and C Street wetlands mitigation.

Becca Rorabaugh is an Architectural Designer at the Anchorage office. While in middle school, she job-shadowed a Bettisworth North architect, Rorabaugh later completing internships and part-time employment with the firm.

Rorabaugh trained for the Olympics with the Alaska Pacific University ski team and today is a volunteer coach for Skiku. She earned a bachelor’s degree from Dartmouth College, and special expertise in graphic design informs her approach to architecture. Her design experience includes Petersburg Medical Center, Norton Sound Health Corporation, and Lower Yukon School District.

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R&M Consultants

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Lauren Southerland recently joined R&M Consultants as a Staff Geotechnical Engineer in the firm’s Earth Sciences Department.

Southerland In this role, Southerland supports subsurface investigations and site characterizations, geotechnical and environmental site investigations, and geotechnical analysis, including slope stability, bearing capacity, lateral earth pressures, settlement, axial and lateral pile capacity, structural pavement section design, and liquefaction potential. She is based in R&M’s Fairbanks office, bringing the firm’s Fairbanks-

based employees to seven. Southerland went to high school in Fairbanks and earned a bachelor’s degree in geological engineering from UAF. She moved away to earn a master’s degree in geological engineering from the Colorado School of Mines. Since joining R&M, Southerland has conducted geotechnical investigations for the Port of Nome Modification, Phase II.

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UA Foundation

The University of Alaska Foundation has a new Chief Financial Officer. Alex Slivka brings more than forty years of experience in accounting, finance, and investments to the nonprofit that stewards the Slivka UA System’s philanthropic support. Slivka most recently served as the director of finance operations for Providence St. Joseph Health, the parent network of Providence hospitals. He previously spent twenty-two years at McKinley Capital Management as a portfolio manager and marketing executive and three years as CFO for the Municipality of Anchorage. Slivka served on the UA Foundation board of directors since 2015, including two years as board chair, and as a member of the board’s investment committee since 2016, serving for two years as chair. Slivka earned his applied baccalaureate degree in economics from Brown University, and he serves as an adjunct professor of finance at UAA.

Girl Scouts of Alaska Girl Scouts of Alaska has a new CEO. Jennifer Pollard joins the organization from thread, a child care resource and referral organization, where she was Chief Marketing and Fund Development Officer. Girl Scouts of Alaska serves more than 1,500 girls in the state, south of the 63rd parallel.

Northern Air Cargo is committed to getting your cargo where it needs to be, on time, so you can worry about what really matters.

For more information, please visit us at www.nac.aero. www.akbizmag.com

Alaska Business

August 2023 | 101

ALASKA TRENDS

L

ife is a game, posited Jerry Seinfeld, and “the lawyer is the only person that has read the inside of the top of the box.” The rest of the men and women are merely players, so when disputes arise, the players depend on the experts to say, “‘Fraid not.”

Roughly 292 disputes arise statewide each day, on average, based on the cases filed in Alaska trial courts in 2022.

The Alaska Court System Statistical Annual Report shows a 4.8 percent increase in filings from the year before, and that doesn’t count the ongoing drama of appeals. Most of the increase was in District Courts, driven by a 16 percent rise in minor offense filings, although that was offset by a 13.9 percent drop in misdemeanor cases. Superior Courts saw 27.1 percent more delinquency filings, while child in need of aid filings went down by 11.7 percent. Altogether, 106,690 cases were filed with trial courts, and 98.1 percent of them were concluded, pushing a small backlog into the new year.

According to the report, the most common filings in Superior Court, nearly one-third of the total, are probate cases, which include commitment proceedings, estates, protective orders, and adoptions. Felony trials occupied nearly another third.

For more about the lawyers who are advising and refereeing in these cases, Lincoln Garrick’s “Legal Landscape” analyzes Bar membership demographics, salaries, largest employers, and most common law schools. This edition of Alaska Trends adds to that docket, digesting the annual report of the Alaska Bar Association for 2022.

The gavel is struck. All persons with business before this honorable infographic feature are admonished to draw near and give their attention. source: alaskabar.org/wp-content/uploads/2022-annual-report.pdf

The Alaska Bar Association has 4,716 members.

Active in Alaska

Inactive in Alaska

2,268

196

Active Outside

Inactive Outside

863

644

Retired

745

There are 2,268 active members in Alaska.

Active Members by Judicial District:

Alaska Native

250

45

Asian

31

Hispanic or Latino

30

Black or African American

21

Native American

17

India Subcontinent

5

District 1

District 2

District 3

22

1,788

District 4

208

Hawaiian Native/ Pacific Islander

2

Other

2

1

White

840

Not reported

1,276

4 3 1

ballotpedia.org/File:Alaska_Boroughs_Map-Whole.png

102 | August 2023

Alaska Business www.akbizmag.com

25 Volunteers Alaska Free Legal Answers provided assistance to 245 Alaskans by 25 volunteer lawyers who work with low-income Alaskans on a free web-based legal clinic where clients can ask up to three civil legal questions in one year.

50% Passrate Alaska administers the Uniform Bar Exam with the passing score set at 280. In 2022, 54 of the 102 people who applied for the bar passed.

101 Volunteer hours The Bar hosted the 13th annual Martin Luther King Day free legal clinics via Zoom and Alaska Free Legal Answers. During the event, 45 volunteers provided 101 volunteer hours to 100 Alaskans with civil legal needs.

2,311 Callers The Lawyer Referral Service provided referrals to 2,311 callers. The most frequently requested areas were divorce/custody, labor relations, and negligence.

Continuing Education Active Bar members are required to earn at least 3 CLE ethics credits and encouraged to earn at least 9 additional credits. Compliance must be reported annually.

45,391 Downloads The Alaska Youth Law Guide assisted in guiding Alaskans through 45,391 downloads of the guide—a service project of the Law Related Education Committee.

99.7% reported compliance

48.4% $30k in Funding

reported earning 12+ credits

The Alaska Bar Foundation distributed interest money earned on trust accounts managed by lawyers to the Alaska Legal Services Corporation ($18,750), the Alaska Institute for Justice ($6,250), and the Alaska Innocence Project ($5,000).

22.5% reported earning 4-11 credits

29.1% reported earning 3 credits

Client Protection Fund 14% increase in discipline The Alaska Bar Association's Discipline Section processed 181 new grievances against lawyers in 2022 compared to 159 grievances in 2021, a 14% increase.

Of the 181 new grievances, 144 were thoroughly reviewed but did not warrant investigation, and 6 were opened for formal investigation. www.akbizmag.com

Alaska Business

The Lawyers’ Fund is responsible for reimbursing clients or others who have lost money or property due to a lawyer’s dishonest conduct. The Fund may also pay for the fees and expenses of Trustee Counsel who are appointed to assist clients of a deceased or unavailable attorney.

August 2023 | 103

What book is currently on your nightstand?

Breaking the Habit of Being Yourself: How to Lose Your Mind and Create a New One by Joe Dispenza.

What’s the first thing you do when you get home after a long day at work?

Pour a glass of wine with my boyfriend, Brad, and we do a garden walk… Tour the garden and see what sprouted.

What vacation spot is on your bucket list?

Portugal.

If you could domesticate a wild animal, what animal would it be?

Definitely a fox.

104 | August 2023

Alaska Business www.akbizmag.com

Photos by Monica Whitt

What charity or cause are you passionate about?

The Conservation Alliance.

OFF THE CUFF

Heather Kelly S

uccess is in the bag for Heather Kelly. Literally, her Heather’s Choice brand of dehydrated

foods, packaged in handy pouches, is distributed nationally at REI. As CEO of the multi-milliondollar company she founded in 2014, Kelly oversees a staff of sixteen at her Anchorage kitchen and warehouse, and her team’s happiness makes her most proud. “That’s something that I didn’t

AB: What’s your favorite local restaurant?

Kelly: Crush [Wine Bistro & Cellar].

AB: Dead or alive, who would you like to see perform live in concert?

Kelly: Oh, that’s fun. I think a Neil Young concert would be really interesting.

see coming as I was building Heather’s Choice out of the back of my pickup truck,” she says.

Yet her path seems inevitable. A national champion collegiate rower, Kelly worked as a rafting guide in Colorado before returning home to Alaska. She applied her studies in sports nutrition to her outdoor recreation needs, creating portable, wholesome meals (bestsellers include buckwheat breakfasts, bison chili, and salmon chowder). “The fact that we have a lightweight, shelf-stable product that can be shipped all across the country is a huge benefit to us,” she observes.

Alaska Business: What do you do in your free time?

Heather Kelly: Take my dog Django for walks… listening for woodpeckers. It's pretty fun to find those little suckers on our 2-mile loop. I spend as much time as I can weightlifting… clearing my head, listening to terrible ‘90s music for an hour and pumpin’ iron.

AB: Is there a skill you’re currently developing or have always wanted to learn?

Kelly: Currently I’m cultivating my green thumb.

AB: What’s the most daring thing you’ve ever done?

Kelly: A twenty-five-day rafting trip through the Grand Canyon. I was 22 years old. I didn't know anybody on the trip. I had never oared Class V whitewater before…

I was really scared, but I had the trip of a lifetime. www.akbizmag.com

AB: What are you superstitious about?

Kelly: Oh, too many to count. If you call astrology a superstition, I’m super into it. Geeked on reading my horoscope every day, staying in tune with that stuff [she laughs].

AB: What’s your greatest extravagance?

Kelly: Good food… Friday night steak dinners; I’m pretty into grillin’ up some ribeyes.

AB: What’s your best attribute and worst attribute?

Kelly: My best attribute is my ability to perform under pressure; I can stay very level-headed.

My worst attribute would be that I’m not necessarily an early riser… If I’m here before 10 a.m., people know something’s wrong.

Alaska Business

August 2023 | 105

ADVERTISERS INDEX 3-Tier Alaska........................................................15

Cook Inlet Tug & Barge Inc................................ 91

Nu Flow Alaska................................................... 87

3tieralaska.com

cookinlet tug.com

nuflowalaska.com

Airport Equipment Rentals, Inc........................ 107

Credit Union 1..................................................... 13

Oxford Assaying & Refining Inc......................... 99

airpor tequipmentrentals.com

cu1.org

oxfordmetals.com

Alaska Argo Rentals LLC......................................77

Crowley Fuels..................................................... 97

alaskaargorentals.com

crowley.com

Parker, Smith & Feek............................................. 9

Alaska Mergers & Acquisitions, LLC....................17

Davis Wright Tremaine Llp................................. 29

psfinc.com

dwt.com alaskapacific.edu

First National Bank Alaska.....................................5

fnbalaska.com

Samson Tug & Barge.......................................... 85

samsontug.com

Alaska Photobooth Company............................ 55

akphotobooth.com

Perkins Coie LLP................................................. 30

perkinscoie.com/en/offices/anchorage.html

Alaska Pacific University..................................... 91

Fountainhead Development.............................. 45

fountainheadhotels.com

Satellite Alaska.................................................... 33

Alaska Procurement Technical Assistance Center................................................21

Great Originals Inc............................................. 63

ptacalaska.org

greatoriginals.com

Alaska Professional Construction, Inc................37

Hotel Captain Cook............................................ 49

apcconcrete.com

captaincook.com

Alaska Railroad....................................................77

Jason Weiner and Associates PC....................... 28

akrr.com

anchorageaklaw.com

Subway of Alaska.................................................75

Alaska School Activities Association................. 39

Land's End .......................................................... 55.

subwayak.com

asaa.org

lands-end-resor t.com

Altman, Rogers & Co.......................................... 12

Landye Bennett Blumstein LLP.................... 11, 28

altrogco.com

lbblawyers.com

American Heart Association.............................. 93

Lynden.............................................................. 108

hear t.org

lynden.com

Anchorage Convention Centers........................ 53

Material Flow & Conveyor Systems, Inc............ 95

anchorageconventioncenters.com

materialflow.com

Arctic Slope Regional Corporation................... 30

MICROCOM...........................................................7

asrc.com

microcom.tv

Bering Straits Native Corp.................................. 43

Nenana Heating Services, Inc............................ 85

beringstraits.com

nenanaheatingservicesinc.com

CIRI...................................................................... 28

New Horizons Telecom, Inc.............................. 19

ciri.com

nhtiusa.com

udelhoven.com

Conrad-Houston Insurance Agency..................21

Nortech Environmental & Engineering............. 16

Usibelli Coal Mine............................................... 89

chialaska.com

nor techengr.com

usibelli.com

Construction Machinery Industrial.......................2

Northern Air Cargo..................................100, 101

Visit Anchorage.................................................. 67

cmiak.com

nac.aero

anchorage.net

satellitealaska.getdish.com Span Alaska Transportation............................... 67

spanalaska.com Structured Communication Systems................ 35

structured.com

T. Rowe Price.........................................................3

alaska529plan.com The Plans Room..................................................37

theplansroom.com Toast of the Town................................................57

toastofthetownak.com Tutka, LLC........................................................... 81

tutkallc.com UA Local 375 Plumbers & Pipefitters................. 83

ualocal375.org Udelhoven Oilfield System Services, Inc............17

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