JUNE 2024 AI’s Gains and Gaps in the Workplace Acquisition as Strategy for Growth This Month’s Guest Editor Susie Ingold Burch & Cracchiolo THIS ISSUE Arizona Small Business Association $7.95 INBUSINESSPHX.COM Surviving Seismic Social Media Shifts 2024 Legal Guide: A business owner’s resource to legal services LEGAL-EASE:
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Mesquite Fresh: Nourishing the Community with Compassion
This month spotlighting
Mesquite Fresh, Tyler Butler’s series explores the myriad ways businesses give back and the positive ways their programs impact our community.
42
Engagement and Belonging: Creating a Workplace Conducive to Success
Bruce Weber’s series examines developing and sustaining organizational capacity.
FEATURE
36 Acquisition as Strategy for Growth
Cole Jackson walks us through how businesses should evaluate potential buyers as well as add-on opportunities.
43 Retail Quandary: Returns
Marcus Shen explores the increase in purchaser returns of consumer goods and how businesses can maximize value recovery.
DEPARTMENTS
9 Guest Editor
Susie Ingold, president of Burch & Cracchiolo, introduces the “Lawyers: Expertise for Business Growth” issue.
10 Feedback
Chloe Conklin, Chris Kearney and Jennifer Understahl respond to In Business Magazine’s burning business question of the month: What design or amenities of your physical workplace have you found to be most important in creating a positive company culture?
12 Briefs
“Businesses Have a Role in Water Conservation,” “Dailies Top Stories,” “Local Standouts Recognized for Achievements and Philanthropy,” “Empowering Artisans: The Revolutionary Approach of Painted Tree Boutique” and “Flour Power Cooking Studios
Expands into Arizona”
15 By the Numbers
What are the gains and gaps as AI revolutionizes many work sectors?
16 From the Top
At Western Alliance Bank, Dillan Knudson is revitalizing Arizona’s economy through commercial banking.
17 CRE
“Importance of Placemaking in Conversion Properties,” “Move-inReady Spaces Planned for Mesa’s Active Industrial Submarket,” “Dual-Branded AC Hotel and Element to Open in NW Phoenix” and “Capitalizing on Greater Phoenix’s Evolution”
COVER STORY
28
Legal-Ease: Your Lawyer as Your Business Consultant
In Business Magazine has identified foundational concerns common to businesses across all economic sectors and reached out to attorneys in our community to share their expertise.
20 Semi Insights
“Unlocking the Potential: Arizona’s Journey to Semiconductor Innovation Hub,” “Balancing Chips and Cacti” and “Integrating Futures” 24 Healthcare
“Local Med Tech Startup Receives Patent” and “Digital Health Startups Need to Build a Research Flywheel” 26 Technology
“IDTechEx Explores Augmented and Virtual Reality” and “The Secret to Captivating Your Audience? Nail That Short-Form Video”
37 Books
New releases give fresh insights on business thinking.
38 Economy
Michael Ly discusses how tax incentives for small businesses are an engine for economic growth.
44 Nonprofit
Richard Tollefson examines how nonprofit organizations can honor differing donor mindsets in today’s environment of social upheaval.
45 Assets
2025 Lexus UX Hybrid Plus: Charcuterie creations elevate business events.
46 Power Lunch
Ingo’s Tasty Food: All-Day Fresh Breakfast, Lunch & Dinner
66 Roundtable
Eric Yaverbaum discusses how businesses can have a thriving digital presence even as the next seismic social media shift looms.
4 INBUSINESSPHX.COM JUNE 2024 47 Arizona Small Business Association 53 Legal Services Guide 40
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June 2024 Words
RaeAnne Marsh
Editor, In Business Magazine
RaeAnne Marsh became editorial director of Phoenix-based InMedia Company in 2010 and helped launch Valley-wide business resource In Business Magazine. Her journalism career began more than 20 years ago, when she left California and 12 years of teaching to transplant in Phoenix’s vibrant entrepreneurial environment, and includes incorporating her own business, Grammar & Glitz, Inc., to work with business and media clients nationwide.
Holding the magazine to strong editorial standards, she says, “New businesses are founded, out-of-staters bring new strengths, established businesses evolve and expand — all of which contributes to the dynamic vitality that I see as the mission of In Business Magazine to be the voice of and vehicle to nurture, in each monthly edition. It is my challenge to ensure each edition is packed with relevant information on a broad spectrum of issues, aimed at a readership that runs the gamut from entrepreneurial startup to major corporation.”
Guest columns are feature articles presented as a special, limited series as well as regular, ongoing series in In Business Magazine
Tyler Butler
Guest Columnist – Social Impact
A long time corporate social responsibility practitioner, Tyler Butler is known for her expertise in creating, launching and developing successful social impact programs. Her commitment to rallying people together to make a positive difference has created sustainable signature programs empowering people to give back in a myriad of ways globally. Butler operates under the ethos of “each one teach one,” and so her contributions to In Business Magazine provide her with an outlet to share the best of what companies are doing to aid humanity. Butler looks to shed light on good corporate citizens and share stories about the magic they are creating through their generous outreach efforts.
Kathleen Gramzay
Guest Columnist – Resilience
Kathleen Gramzay, LMT, is an entrepreneur, body/mind resilience expert, speaker, author, and founder of Kinessage LLC. The Kinessage® methods are taught nationally to transform stress, chronic tension and pain, and increase mental resilience and longterm health for greater well-being and sustainable success. Her programs empower leaders and teams to be present, think more clearly and work more productively, confidently and collaboratively.
Bruce Weber
Guest Columnist – Capacity
Bruce Weber sees In Business Magazine as a valuable forum for topics relevant to our business and nonprofit community. “I am deeply interested in organizational capacity and what makes organizations successful and impactful in the work they do. In my work in the community for more than 16 years, I have worked with all sizes of organizations and leaders in helping their businesses grow and expand their impact. My previous careers with Microsoft and Hewlett Packard involved working with business integration partners to design strategies to engage new markets. In today’s complex world, I enjoy exploring the possibilities and opportunities that change can bring.”
This month’s contributors
Cole Jackson is a senior vice president of portfolio acceleration at Montage Partners.
Michael Ly is CEO of Reconciled, a national bookkeeping and advisory firm for small businesses.
Marcus Shen is the CEO at B-Stock Solutions, the world’s largest B2B marketplace for excess merchandise.
Richard Tollefson is founder and president of The Phoenix Philanthropy Group, an Arizona-based international consulting firm serving nonprofit organizations as well as institutional and individual philanthropists.
Eric Yaverbaum, CEO of Ericho Communications, is a 43-year public relations veteran and communications expert.
Publisher Rick McCartney
Editor RaeAnne Marsh
Web Editor Jake Kless
Graphic Design Benjamin Little
CONTRIBUTING WRITERS
Shannon Blood
Tyler Butler
Lynn Cadet
Derek Chew
Kristin Dragos
Danielle Grobmeier
Mike Hunter
Cole Jackson
Jeanne M. Jensen
Christina Johnson
Michael Ly
Henry Mahncke
Lorna Martinez
Kirk McClure
Sonia Nahabedian
Marcus Shen
Richard Tollefson
Bruce Weber
Eric Yaverbaum
ADVERTISING
Operations Louise Ferrari
Business Development Raegen Ramsdell
Louise Ferrari
Cami Shore
Events Amy Corben
WTSM TV STUDIO
General Manager Chris Weir
More: Visit your one-stop resource for everything business at inbusinessphx.com. For a full monthly calendar of business-related events, please visit our website.
Inform Us: Send press releases and your editorial ideas to editor@inbusinessphx.com
President & CEO Rick McCartney
Editorial Director RaeAnne Marsh
Financial Manager Tom Beyer
Office Manager Allie Jones
Accounting Manager Todd Hagen
Corporate Office InMedia Company
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Vol. 15, No. 6 In Business Magazine is published 12 times per year by InMedia Company. POSTMASTER: Send address changes to InMedia Company, 45 W. Jefferson Street, Phoenix, AZ 85003. To subscribe to In Business Magazine, please send check or money order for one-year subscription of $24.95 to InMedia Company, 45 W. Jefferson Street, Phoenix, AZ 85003 or visit inbusinessphx.com. We appreciate your editorial submissions, news and photos for review by our editorial staff. You may send to editor@ inbusinessmag.com or mail to the address above. All letters sent to In Business Magazine will be treated as unconditionally assigned for publication, copyright purposes and use in any publication, website or brochure. InMedia accepts no responsibility for unsolicited manuscripts, photographs or other artwork. Submissions will not be returned unless accompanied by a self-addressed, stamped envelope. InMedia Company, LLC reserves the right to refuse certain advertising and is not liable for advertisers’ claims and/or errors. The opinions expressed herein are exclusively those of the writers and do not necessarily reflect the position of InMedia. InMedia Company considers its sources reliable and verifies as much data as possible, although reporting inaccuracies can occur; consequently, readers using this information do so at their own risk. Each business opportunity and/or investment inherently contains certain risks, and it is suggested that the prospective investors consult their attorney and/or financial professional. ©2024 InMedia Company, LLC. All rights reserved. No part of this magazine may be reproduced or transmitted in any form or by any means without written permission by any means without written permission by the publisher.
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In Business Magazine is a collaboration of many business organizations and entities throughout the metropolitan Phoenix area and Arizona. Our mission is to inform and energize business in this community by communicating content that will build business and enrich the economic picture for all of us vested in commerce.
PARTNER ORGANIZATIONS
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Kristen Wilson, CEO AZ Impact for Good (602) 279-2966 www.azimpactforgood.org
Terri Kimble, President & CEO Chandler Chamber of Commerce (480) 963-4571 www.chandlerchamber.com
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Colin Diaz, President & CEO Tempe Chamber of Commerce (480) 967-7891 www.tempechamber.org
Our Partner Organizations are vested business organizations focused on building and improving business in the Valley or throughout Arizona. As Partners, each will receive three insert publications each year to showcase all that they are doing for business and businesspeople within our community. We encourage you to join these and other organizations to better your business opportunities. The members of these and other Associate Partner Organizations receive a subscription to In Business Magazine each month. For more information on becoming an Associate Partner, please contact our publisher at info@inbusinessphx.com
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Economic Club of Phoenix econclubphx.org
Glendale Chamber of Commerce glendaleazchamber.org
Greater Phoenix Chamber of Commerce phoenixchamber.com
Greater Phoenix Equality Chamber of Commerce gpglcc.org
Mesa Chamber of Commerce mesachamber.org
North Phoenix Chamber of Commerce northphoenixchamber.com
Peoria Chamber of Commerce peoriachamber.com
Phoenix Metro Chamber of Commerce phoenixmetrochamber.com
Scottsdale Area Chamber of Commerce scottsdalechamber.com
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Surprise Regional Chamber of Commerce surpriseregionalchamber.com
WESTMARC westmarc.org
8 INBUSINESSPHX.COM JUNE 2024
June 2024 VOL. 15, NO. 6
A suite of banking services built to help drive your mission forward.
Susie Ingold is president of Burch & Cracchiolo. She practices in employment law and litigation and regularly advises clients regarding issues of workplace discrimination, employer policies, employee discipline and termination, and compliance with state and federal labor and employment laws. She regularly represents clients before the Equal Employment Opportunity Commission and in complex litigation matters in state and federal court. As an experienced litigator and trial lawyer, Ingold has successfully defended corporations, businesses, employers, executives and management in jury trials throughout Arizona’s state and federal courts.
bcattorneys.com
With the Law on Your Side
In many cases, reaching out to an attorney is a common response when businesses run into problems in various aspects of their operations. But seeking out their expertise may not only help the business avert problems but even strengthen and grow.
I believe a proactive approach to consulting with my clients often avoids problems and creates opportunities for growth and positive outcomes. Proactive strategies help identify and address potential legal issues before they snowball into costly lawsuits or regulatory problems. This proactive approach saves businesses money on legal fees associated with reactive problem solving and allows them to focus on core operations and support. By addressing legal issues proactively, businesses can avoid disruptions and costly missteps. Working together proactively also builds trust and stronger relationships that, in turn, lead to compliance with regulations in a way that maximizes benefits and develops innovative solutions within legal boundaries. I believe my clients can have peace of mind knowing that I am always in their corner advising them in a forward-thinking manner.
This is the focus of In Business Magazine’s cover story this month, "Legal-Ease: Your Lawyer as Your Business Consultant.". Attorneys bring their expertise in their practice area for an article that covers a select sampling of operational concerns businesses face. These range from organizational structure to artificial intelligence and offer insights that can help businesses grow.
Another strategy for growth is acquisition. In feature article “Accelerate Growth via Add-On Acquisition,” Cole Jackson discusses benefits and challenges for businesses pursuing an add-on acquisition or becoming part of an add-on acquisition and what that process entails.
Growth underlies an issue the retail sector has been experiencing. Concurrent with an increase in e-commerce sales is retail returns. As Marcus Shen observes, “The shopping habit to order and send back remains elevated,” and he examines the phenomenon of returns and how to maximize value recovery in his article, “Retail Quandary: Why the Returns Problem Just Got Easier to Solve.”
With the TikTok ban making headlines lately, this month’s Roundtable feature is a timely delve into “How to Have a Thriving Digital Presence as the Next Seismic Social Media Shift Looms” from Eric Yaverbaum, author of industry-standard bestseller Public Relations for Dummies.
The special section this month is In Business Magazine’s annual Legal Guide. It is the most comprehensive guide to local lawyers and their firms. The guide lists local firms, and the attorneys by practice areas relating to business. The guide is available online for the full year and can be found on the homepage at inbuisnessphx.com.
Filling out this June edition is the usual broad coverage of business-relevant topics and activity in our local business community.
I’m pleased to help bring you this June edition of In Business Magazine, and hope you enjoy the read.
Sincerely,
Susie Ingold President Burch & Cracchiolo
Lawyer by Your Side
Lawyers are a community of individuals who know so much about many areas of business, yet we, as business owners, often think we just need them in a pinch. Not true. Attorneys are great consultants, their firms a tremendous resource and their vast experience a godsend at times. In this issue of In Business Magazine, we offer some of the less common ways attorneys can be our business ally.
We want to thank Susie Ingold for spearheading this legal issue. Her expertise and recent promotion to the head of Burch & Cracchiolo make her the perfect person to introduce this month’s cover story on lawyers and their vast resources to help businesses in their day-to-day operations. —Rick McCartney, Publisher
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9 INBUSINESSPHX.COM JUNE 2024
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FEEDBACK QUESTION: Let us know what you want to know from the Valley’s top business leaders. editor@inbusinessphx.com
For all past Feedbacks go online to inbusinessphx.com and see what Valley executives think on various business topics.
What design or amenities of your physical workplace have you found to be most important in creating a positive company culture?
ANGELA GILLESPIE
Chief
Executive Officer
Gawley Companies Sector: Healthcare
As a global chief operating officer of a multi-national company pre-COVID, my entire focus in physical workspace revolved around squeezing as many people into a footprint as possible. The emphasis was on efficiency and functionality rather than fostering a sense of community or comfort. However, when we sent everyone home to work from their kitchen tables and living rooms, we learned quickly how important, engaging (and ergonomic) the physical office space needed to be. In our post-pandemic world, I think we’ve learned that we need to create environments that entice employees, and customers, to leave their homes for specific “events of value” by offering inviting, collaborative and home-like settings with an experience that is worth getting out of my pajamas and fills my bucket beyond what any virtual Zoom meeting can offer.
Design and amenities that facilitate collaboration and connection have become paramount. This translates to open and collaborative spaces, good snacks, “off hours” commutes, comfortable and bright settings that encourage interaction, idea exchange, and fun (emphasis on fun because — let’s be real it is harder to have fun over Zoom).
Gawley Companies gawleyco.com
Angela Gillespie is CEO of Gawley Companies, a portfolio of premier skincare, aesthetics, and cosmetic and reconstructive surgery providers that includes MDSkin Lounge and MDSkin Bar, North Scottsdale Outpatient Surgery Center and Gawley Plastic Surgery.
MICHAEL JONES
President and CEO
Delta Dental of Arizona Sector: Healthcare
Our mission is to create a better path to health and wellness, and we’re working hard to improve the value we offer through innovation and diversification while adapting to changes in the workplace. In May, we relocated our headquarters to Scottsdale, where many in our industry work and collaborate. Our new workplace supports our commitment to positive company culture through thoughtful design and amenities and was strategically planned with current and future team members in mind. The space enhances efficiency and collaboration while reducing square footage. Featuring fewer traditional offices, the layout has a variety of meeting areas, including conference rooms and huddle zones, tailored to diverse team needs. We created a central hub to facilitate gatherings and connection, fostering a sense of community. Additionally, the office is equipped with stateof-the-art technology, streamlining communication and information sharing among team members. These elements collectively contribute to a supportive and dynamic work environment that promotes teamwork, transformation, and employee well-being.
Delta Dental of Arizona deltadentalaz.com
Michael Jones is president and CEO of Delta Dental of Arizona and president of the Delta Dental of Arizona Foundation, which has invested more than $18 million to support nutrition and oral health programs for underserved communities statewide since 2010. He is also an elected member of Greater Phoenix Leadership, working to improve Arizona’s economic vitality and quality of life.
BLAKE SUTTON
President
Est Est Interior Design Sector: Interior Design
Est Est Interior Design just moved to a new office this year after 26 years at our previous location. In selecting and designing the new space, our focus was to create a place that made our employees want to come to the office. As designers, we inherently understand that the space you are in has an impact on how you feel psychologically. Our new space has great lighting, and the style better reflects who we are as a firm.
The driving factor in decision-making when laying out the new office was focusing on what the team needed to most effectively do their job. We did a deep dive and found three things that stood out:
• Private offices that allow the designers to have peace and quiet when they need to buckle down and focus on tasks.
• Open, public workspaces that facilitate inspiration, collaboration and communication within the team.
• An effective resource library with design materials.
Our culture is built on creativity, responsibility and strong communication. Our new space helps to facilitate these values every day.
Est Est Interior Design estestinc.com
Blake Sutton, president of Est Est Interior Design, possesses a lifelong dedication to creating beautiful homes tailored to his clients’ lifestyles. With a background in construction management, he has refined Est Est’s processes over 13 years, prioritizing client experience and creativity. Under his leadership, the firm embraces innovation, celebrates the talented team of designers and ensures excellence for all clients.
Sign up for the monthly In Business Magazine eNewsletter at www.inbusinessphx.com. Look for survey questions and other research on our business community.
10 INBUSINESSPHX.COM
JUNE 2024
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DAILIES TOP STORIES
‘In Business Dailies’ Most Views Last 30 Days
Here are the stories with the most views over the past 30 days (prior to press time) that were features in our In Business Dailies. The In Business Dailies hit email inboxes twice each weekday — at 9:30 a.m. and updated at 4:30 p.m. Sign up today at www.inbusinessphx.com/dailies-signup.
Commercial Real Estate & Development | Cover Story | May 2024
The Real Deal: On the Ground with Commercial Real Estate
by RaeAnne Marsh
In Business Magazine has asked leading professionals in this market to share insights on what is happening now in the four real estate sectors of industrial, retail, office and multifamily plus how real estate is supporting the important economic sector of healthcare — and what influences may direct future development.
Healthcare & Wellness | Guest Columnists | May 2024
Resilience – the Core of Today’s Business Strategy by
Kathleen Gramzay
Undoubtedly, the COVID-19 pandemic marked a turning point for both humanity and business. The scale of uncertainty, loss and prolonged threat to physical and financial well-being left deep imprints of chronic stress at a neurological level.
Government & Compliance | inbusinessphx.com | May 9 2024 New Terminal Coming to Sky Harbor, Not Anticipated to Begin until After 2030
inbusinessPHX.com
Phoenix Mayor Kate Gallego and members of the Phoenix City Council heard plans to build a new terminal at Phoenix Sky Harbor International Airport. With more than 48 million passengers in 2023 and passenger numbers continuing to grow, a new terminal is necessary to meet passenger demand and maintain a high level of service.
Leadership & Management | From the Top | May 2024 Steve Purves: Expanding Access to Healthcare throughout the Valley
by
Michael Murphy
When Steve Purves joined Valleywise Health in 2013 as president and CEO, the organization was in dire financial straits. It was the region’s only public teaching hospital and primary safety net system of care, so it was imperative that Purves got Valleywise Health back in the black. And fast.
Businesses Have a Role in Water Conservation
Water conservation is more than just individual acts of responsibility; it’s an investment into the future of local businesses, families and a vibrant Arizona. Although most of the water use in Arizona is isolated to outdoor functions, including landscape and agriculture, businesses from the retail to manufacturing spaces have the opportunity to reduce water use by adopting sustainable practices. Here are some strategies they can implement to increase their water efficiency:
• Tap into resources. Knowing where to go for resources with sound, science-based recommendations is a great place to start.
Organizations like AZ Water (www.azwater.org) and Water Use It Wisely (wateruseitwisely.com) focus on bringing technical expertise to Arizonans in a way that makes implementation easy.
• Contact the appropriate utility. Arizona’s water utility companies are the experts in water conservation and most offer free water efficiency checkups. Scheduling a visit from the utility’s conservation office will help identify if a business’s water system is leaking, and they have great recommendations for how to reduce water use. Local utility conservation programs may offer incentives, recognition and ongoing education to enhance a business’s ongoing water conservation efforts.
• Implement water-efficient fixtures and technology. Investing in water-efficient appliances and fixtures such as low-flow toilets, faucets, leak detection sensors and smart irrigation systems can significantly reduce water consumption.
• Conduct regular maintenance. Leaks in plumbing systems can lead to water loss and can go undetected for long periods of time, leading to building damage and wasted water. Regular inspections and maintenance by the
business’s team or a licensed plumber can help detect and address leaks.
• Optimize landscaping practices. Using native species, xeriscape and engineered watering systems to use water efficiently gives owners an opportunity for a lush and welcoming outdoor space while reducing maintenance and costs. More ideas can be found at www.amwua.org/plants
• Educate employees. Creating a culture of conservation among employees fosters their support and buy-in to make suggestions and create solutions.
• Implement water recycling and reuse systems. High-volume users have opportunities to reuse water onsite to support landscape use, cooling, etc. These recycling programs can seem daunting at first, but AZ Water’s members are experienced in supporting industrial reuse and manufacturing efficiencies. By treating and reusing water on-site, businesses can significantly reduce the demand for freshwater while also minimizing wastewater discharge.
By adopting these strategies, businesses in Arizona can contribute to preserving precious water resources and position themselves as responsible members of the community committed to Arizona’s sustainability. Through collective action and conscious choices, we can ensure a water-secure future for generations to come. —Jeanne M. Jensen, past president of AZ Water (www.azwater.org), a nonprofit educational organization founded in 1928 with a membership of nearly 3,000 water professionals dedicated to preserving and enhancing Arizona’s water environment, and director of engineering at RMCI (rmci.us), general contractor specializing in water, wastewater and industrial projects
With a diverse membership comprising water utilities, government agencies, academia, consultants and industry stakeholders, AZ Water — the Arizona section of the American Water Works Association and the Arizona member association of the Water Environment Federation — is committed to promoting collaboration, innovation and excellence in water management to ensure a sustainable future for Arizona’s communities and ecosystems. azwater.org
12 INBUSINESSPHX.COM JUNE 2024
Photo by Alex Perez of Unsplash, courtesy of AZ Water
QUICK AND TO THE POINT
Locate your business at GSQ, the heart of Goodyear's new downtown. Join a diverse community of thriving businesses and consumers in this dynamic mixed-use development. Explore available retail and o ce spaces today. 623-932-3025 developgoodyearaz.com/GSQ
ACHIEVEMENTS
Shea Homes® Honored as Builder of the Year Shea Homes’ Arizona Division, for the third time in four years, claims the top prize in the most renowned yearly competition among Arizona home builders, the 38th annual Major Achievements in Merchandising Excellence awards, presented by the Home Builders Association of Central Arizona. Shea Homes was additionally the winner of four other categories. sheahomes.com
AVANA Wins FinTech Breakthrough Award
Glendale-based AVANA Companies, a comprehensive lending and asset management ecosystem, was named a winner of the 2024 FinTech Breakthrough Awards for “Best Real Estate Investment Platform” highlighting EqualSeat, a real estate debt investment platform that levels the playing field for retail investors historically excluded from private credit investing. The 8th annual FinTech Breakthrough Awards program recognizes companies and products in the global financial services and technology industry. avanacompanies.com • equalseat.com
Century Grand on World’s 50 Best Bars List
Century Grand, the celebrated cocktail haven located in Phoenix that was established in 2019 by Barter & Shake Cocktail Entertainment, has been named to this year’s World’s 50 Best Bars list, taking spot No. 36. The recognition, which follows its “Best U.S. Cocktail Bar” at the prestigious 2023 Tales Spirited Awards last year, solidifies Century Grand’s status as a pioneering force in the global cocktail scene. centurygrandphx.com
Colibri Collective Receives Silver Pollie Award
Phoenix-based The Colibri Collective earned the 2024 Pollie Award from the American Association of Political Consultants in the Most Original/Innovative Collateral Material – Democrat for its work on the Planned Parenthood Arizona scarf gifted to attendees at PPAZ’s Fight For All Luncheon. This is the fourth consecutive year the Latinaowned, women-led, full-service marketing agency has been honored to receive one of political advertising’s most prestigious awards. thecolibricollective.com
PHILANTHROPY
Bashas’, FirstFruits Donate 35,000 lbs of Apples
Bashas’ and FirstFruits Farms recently donated more than 35,000 pounds of fresh apples to all four Feeding America food banks in Arizona, also helping sort and pack them at the St. Mary’s Food Bank distribution center in Phoenix. The four food banks are St. Mary’s Food Bank, United Food Bank, Community Food Bank of Southern Arizona, and Yuma Community Food Bank. bashas.com • firstfruits.com
Empowering Artisans: The Revolutionary Approach of Painted Tree Boutique
The opening of the second Painted Tree Boutique location is a great opportunity for many local small businesses and creators. Unlike traditional retail models, Painted Tree Boutiques stands out by providing artisans with a unique opportunity to flourish without the day-to-day hassles of running a physical store. Open 10 hours a day, seven days a week, the boutique offers invaluable time savings, allowing artisans like myself to devote more energy to what we love most — creating.
What sets the Painted Tree Boutique apart from a conventional gallery is its flexibility and diversity. Artisans have the freedom to personalize their rented spaces, from painting walls to installing shelves, ensuring each corner of the boutique reflects the individuality of their brands. This customization extends beyond visual art, embracing a wide array of products including gourmet snacks, fashion, literature, and more. An approach that ensures a fresh and engaging
shopping experience with every visit, as vendors continuously innovate and update their offerings. As tenants, artisans benefit from a unique blend of independence and support. They manage their spaces within Painted Tree’s operational framework, gaining visibility and engagement without the overhead of solo retail ventures. This model promotes direct community connection, allowing artisans to grow their businesses on a personal level.
Painted Tree Boutique stands out by fostering a dynamic marketplace for local creators to thrive alongside their community. It’s not just a store; it’s a movement towards a more connected, creative, and sustainable approach to artisan retail. For small businesses aiming to expand without the weight of traditional retail, Painted Tree offers an unparalleled opportunity. —Kristin Dragos, artist and owner of Paintpourium (www.paintpourium.com)
Flour Power Cooking Studios Expands into Arizona
Flour Power Cooking Studios opened its first Arizona location at the beginning of March in the Mesa Grand Shopping Center. Flour Power, a North Carolina-based franchise that inspires connection and well-being through unique culinary experiences, is confident this is the right location for their latest studio.
The franchise’s partnership with Jamie and Michael Bialowitz, the local owners, was bolstered by Flour Power’s due diligence to ensure the East Valley is a viable market. Flour Power looks at various market factors that include median household income, the number of children within a certain radius of the proposed studio, the physical location of the studio itself, and traffic within that area in order to make its build-out decisions.
Flour Power offers cooking classes, parties, corporate team-building experiences, homeschool events and camps in a fun and supportive setting. Classes are paired with special themes and hands-on cooking experiences that welcome all ages and skill levels.
The cooking studio has been franchising since 2015 and has 16 locations across the United States. Flour Power supports its franchisees with
top-tier IT, marketing, and culinary personnel. Its industry professionals provide all the necessary materials for successful operations, research viable markets for future kitchens, hand-craft quality training for each studio, and more.
“We have an incredible team behind us. We’re an emerging brand with enterprise-level support, allowing us to tailor our studios to each franchise’s demographics,” says Sarah Moritz, president of Flour Power Cooking Studios.
Flour Power’s executive team understands that what works in one market won’t necessarily translate to others. The team identifies consumer trends and paths to purchase that lead to making optimal decisions for the franchise locations.
The Bialowitzs’ Mesa-Gilbert location will include unique social media content, product offerings, hyperlocal interior signage and a geographicbased marketing plan.
Flour Power’s dedicated team and strategic approach to franchising look forward to expanding its presence across the country, bringing the joy of cooking to communities nationwide. —Lorna Martinez, VP of marketing at Flour Power Cooking Studios (flourpowerstudios.com)
With its diverse offering, Flour Power provides communities with everything from year-round classes to seasonal camps to corporate events and “Adult Sip & Stirs.” This allows Flour Power to also diversify its revenue streams, punctuating its year-round offerings with seasonal pickups.
14 INBUSINESSPHX.COM JUNE 2024
LOOKING GOOD
Local Standouts Recognized for Achievements and Philanthropy
QUICK AND TO THE POINT
AI Gains and Gaps in the Workplace
Study finds AI saves workers an average of six hours per week
by Lynn Cadet
Since the advent of ChatGPT, millions of Americans have experimented with, used, and implemented generative artificial intelligence (AI) into their workstreams. Generative and large-language model (LLM) AI is revolutionizing many work sectors, but how do workers feel about it?
Workers are embracing AI in record numbers: Ninety-two percent of survey respondents say they trust it, 93% say they like to use it at work, and more than 1 in 10 say they wouldn’t be able to do their jobs without AI. Times have changed so quickly that more than 3 in 5 workers use AI at least a few times a week — a far cry from just a few years ago. In fact, 1 in 10 survey respondents report using AI all the time.
One of the main reasons why workers say they use AI is to boost productivity. Most of those surveyed say it’s working: Eighty-six percent say their productivity increased by using AI, which saves them an average of six hours a week. Not only that, but AI is beneficial to a company’s bottom line, as 1 in 4 say they save their employers money by using AI. The workers estimate yearly savings averaging $15,466.
It’s no surprise that many workers feel AI is here to stay in the workplace: One in five American workers surveyed are even considering a career switch into the AI industry. For those
Workers Use AI …
skilled in using AI, 12% believe they are entitled to a pay raise.
AI does cause some to worry, however: Sixteen percent say they are afraid of AI taking their jobs, and 14% are concerned AI will kill their industry in the next five years. Perhaps due to this, 58% say they want to see legislation regulating the use of AI in the U.S. The top concern? Data security.
How do managers across the country view AI? Twentynine percent have trained employees to use AI, but two in three will also still train “the old-fashioned way.” Just more than half encourage their employees to use it, 1 in 3 explicitly want their employees to use it, and 1 in 10 discourage it altogether.
Despite the rise of this technology, not all companies have AI policies in place. More than 1 in 3 (37%) workers said their workplace doesn’t have a policy, and 29% didn’t know whether their employers had one. Only about 3% said that AI was prohibited in the workplace.
From ChatGPT to using AI to help build websites, code or create complex program architectures, AI is clearly not leaving the workplace anytime soon. As more workers learn the ropes, this technology may become a mainstay rather than a passing trend.
Top Tasks Using AI among Workers
Source: www.hostingadvice.com/blog/ai-workplace-statistics
AI and Society
Sixty-two percent of American employees use AI at work. How does usage break down by generation?
METHODOLOGY
In April 2024, HostingAdvice surveyed 1,008 full-time employees nationwide. Respondents were 50% men, 49% women, and 1% nonbinary. Participants’ ages ranged from 20 to 77, with an average age of 71.
Lynn Cadet is a staff writer at HostingAdvice with a bachelor›s degree from the University of Florida and years of experience in technical writing.
HostingAdvice provides reliable advice, how-to guides, reviews and more from a team of hosting and programming experts with extensive experience launching, hosting and covering industry-leading websites. Its in-house team and contributors have been featured in Forbes and The New York Times as well as in blogs of hosting providers. hostingadvice.com
15 INBUSINESSPHX.COM JUNE 2024
A new study finds that 92% of American workers trust AI and 62% use it at work. hostingadvice.com/blog/ai-workplace-statistics
A few times week 39% Daily 25% A few times a month 12% All the time 10% Weekly 10%
Writing 59% Writing Help 56% Data Analysis 32% Administrative Work 29% Planning 27% Marketing 20%
Baby Boomers 66% Gen Z 64% Millennials 62% Gen X 58%
METRICS & MEASUREMENTS
A LEADERSHIP PHILOSOPHY BUILT BY DOING
At the heart of Dillan Knudson’s leadership philosophy lies a commitment to servantminded leadership, centered on empowering others to achieve their potential and being unafraid to roll up his sleeves to aid colleagues in need. He formed his approach to mentorship early in his career through the challenges of the Great Recession, later refining it during an energy crisis in Texas and in the wake of the undeniable impact of the COVID-19 pandemic.
“I’ve been fortunate throughout my career to have excellent mentors,” Knudson says. “Having worked in banking through the major events I have, I know how crucial it is to be a steady and unflappable support for the teams I lead — it’s something I’ve admired from the folks who have shepherded me throughout my career.
A lot of what we do can only truly be learned through mentorship, so it’s something I’m especially proud to bring to Western Alliance.”
Dillan Knudson: Revitalizing Arizona’s Economy through Commercial Banking
Helping businesses with his team of experienced bankers and subject matter experts at Western Alliance Bank
by Danielle Grobmeier
It’s no secret the fast-paced world of banking is fraught with challenges. Whether it’s unwieldy interest rates today or a global health crisis tomorrow, each day brings a new obstacle to overcome — often with high stakes.
But for Dillan Knudson, Western Alliance Bank’s new head of commercial banking in Arizona, these obstacles are opportunities. He sees each challenge as a puzzle that, when solved strategically, protects and advances local businesses and bolsters the broader state’s economy.
A CAREER MARKED BY CHALLENGE & CHANGE
Knudson’s journey to Western Alliance Bank’s leadership ranks is marked by many an economic peak and trough, a growth trajectory defined by a willingness to relocate and aptitude for driving strategic initiatives despite turnarounds, and a propensity for managing high-growth markets, building highly engaged teams and navigating stability through acquisition. Through these experiences, he developed a knack for problem solving while staying focused on his biggest driver: the unique needs of business leaders and their companies.
Knudson entered the banking world in Arizona at the threshold of the Great Recession, during which he cut his teeth in commercial real estate at First National Bank of Arizona followed by a few years in investment banking at Dudley Ventures. After that, his career launched into a 12-year tenure at BBVA / PNC, which moved him from Texas to Arizona to California and back to Texas again.
“We bankers encounter all kinds of unique challenges in our industry — real estate cycles, energy crises, pandemics, labor shortages,” Knudson says. “You name it, we’ve seen it. One of the things that set the course for my career in banking was a love of taking those trials as they came and prioritizing the needs of our clients and team members as we get through it — sometimes breaking from convention to do so. Helping business leaders has called to me since the beginning of my career, so when the opportunity arose with Western Alliance, there was no question in my mind that I wanted to be here.” Headquartered in Phoenix, Western Alliance Bank has more than $70 billion in assets and is the parent company of Alliance Bank of Arizona, the state’s thirdlargest bank based on deposits.
PAVING THE WAY FOR ARIZONA’S BRIGHT FUTURE
Knudson’s return to Arizona is not just a homecoming; it’s a strategic move with an eye on the future. In the short term, his focus is on expanding Western Alliance’s commercial banking initiatives in the region by growing and developing his team of experienced bankers and subject matter experts who can
support local businesses as they transition from the belt tightening and uncertainty they’ve experienced over the past four years toward a place of sustainable growth.
“We’re finally at a place now where we’re seeing inflationary pressures start to ease up,” Knudson says. “Many of our business leaders made challenging adjustments over the past few years to position themselves for success. With optimism growing, it’s the perfect time to bring new, creative ways of doing business to the table to help kickstart this next stage of growth in Arizona.”
Knudson’s long-term goals envision a revitalized and resilient business ecosystem that meets the needs of Arizona’s constantly growing population and aligns with the state’s longstanding reputation for innovation and entrepreneurship.
In this era of constant change, Knudson’s leadership and creative problem-solving approach are driving local business leaders toward a brighter economic future. From his early days navigating tough times in Arizona’s commercial real estate landscape to his later work in commercial banking, Knudson knows what makes Arizona entrepreneurs tick. That, coupled with a willingness to break from the status quo, allows Knudson to shepherd Arizona’s business leaders to the next frontier in Arizona’s changing economic landscape.
As he and his team turn obstacles into opportunities, the journey unfolds, not just for Knudson but for the businesses and communities he serves.
Western Alliance Bank westernalliancebancorporation.com
16 INBUSINESSPHX.COM JUNE 2024 According to U.S. News & World Report, Arizona’s economy ranks No. 5 in the United States. This is largely attributed to its economic growth — driven by its strong commercial and industrial sectors and reputation for entrepreneurial innovation — but is also aided by the state’s employment numbers and business-friendly tax and regulatory environment. usnews.com/news/best-states/rankings/economy
MINDING THEIR BUSINESS
Importance of Placemaking in Conversion Properties
One of the biggest buzz phrases in real estate development currently is office-toresidential conversions, and, with a pipeline growth of more than 350% nationwide since 2020, it’s easy to understand why. Based on a study done earlier this year by RentCafe, these conversions make up 38% of assets being converted into apartment units for 2024, with Phoenix in the top 10 for metro areas leading the charge. While this growth is impressive, and is certainly garnering conversation, it’s important to note that this segment is still small in the overall residential housing market. Adaptive reuse projects can be daunting and take an experienced team and the right combination of financials to make them viable, leading many clients to ask the following questions: why and how?
In regard to the “why,” we see an influx of conversion properties anytime there is a major cultural shift that puts supply and demand greatly out of balance. In this case, there currently is a large supply of vacant office buildings and, in some markets, a low supply of rental units. Other types of buildings being converted into residential units include hotels, factories, healthcare buildings, malls and churches.
The “how” is a harder question to answer for many, and the main concern is it has to make financial sense. In addition to that, building size, open floorplans, parking, number of elevators and column distance are all factors on how the building will function. While these are all important logistics, from an interior designer’s perspective, the biggest task is how it will sell and generate the maximum return on investment. Unit layouts and schematics are the major factors, but equally important and often overlooked is the concept of placemaking.
Placemaking is historically used in reference to urban planning and the importance of public space within a greater community. However,
we have seen that it’s also an important concept to keep in mind when designing a multifamily property, which is essentially its own smaller community.
In a study released in November of 2022, The Creative School at Toronto Metropolitan University found crucial evidence of the effect of placemaking on ROI. These placemaking studies were mainly in relation to city initiatives, but the mindset is the same, and can and should be applied to multifamily communities. The study found that people were 50% more likely to spend time in places with public art, had a 63% increase in positive feelings toward locations when placemaking elements were introduced, and a 74% increased likelihood to share information about the location by word-of-mouth or social media — all of which can increase foot traffic and exposure. Many of these vacant buildings have had a negative or at least ambivalent effect on their surrounding neighborhoods, and it’s essential to reinforce that the property is undergoing a transformation that will have a positive and lasting impact.
—Christina Johnson, creative director of Phoenix- and San Francisco-based Private Label International (privatelabelintl.com), a full-service interior design studio that develops hospitality environments and lifestyle brand experiences for clients worldwide
Move-in-Ready Spaces
Planned for Mesa’s Active Industrial Submarket
Martens Development, a Scottsdale-based development firm that is active throughout the Phoenix market, recently broke ground on its latest Class A industrial development in Mesa, Brickyards on Ellsworth. The construction lender for the project is Principal Asset Management. Leading the construction team is general contractor FCL Builders, which is set to deliver an eight-building, 909,553-squarefoot project with move-in ready spaces for tenants in the Southeast Valley, one of the most active industrial submarkets in the country. The 60-acre development is also in a City of Mesa Foreign Trade Zone, which reduces or defers tariffs and duties on products produced in the FTZ and can reduce property taxes for qualified users. —Mike Hunter martensdev.com
Dual-Branded AC Hotel and Element to Open in NW Phoenix
North Texas developer Jackson-Shaw and Tucson-based Holualoa Companies recently broke ground on a new dualbranded AC Hotel by Marriott North Phoenix at Norterra and Element by Westin North Phoenix at Norterra — a 160,133-square-foot building on three acres. It is expected to provide 60 full-time and 20 part-time jobs.
The two hotels connected under one roof are located close to the Shops at Norterra at 25100 North 22nd Lane in Phoenix, near the northeast corner of West Happy Valley Road and Norterra Parkway. The property is expected to open in late 2025. This dual-brand hotel is specifically intended to fill the burgeoning business demands of this exploding North Black Canyon corridor caused by the recent development of the TSMC Semiconductor Plant and its supplier companies. —Mike Hunter
17 INBUSINESSPHX.COM JUNE 2024 Creating positive engagement that sparks public discourse and improves the health, safety and quality of life of the residents is a contributing factor in signed leases and brand loyalty. Photo courtesy of Private Label International (left), Martens Development Company (right, top ) Marriott Norterra and Westin Norterra (right, bottom) PROPERTY, GROWTH AND LOCATION
GET REAL
Capitalizing on Greater Phoenix’s Evolution
A general contractor’s perspective
In the dynamic world of construction, few regions embody the ebb and flow of the industry quite like Greater Phoenix. Historically known as a boom-and-bust city, Phoenix has experienced the cyclical dance of housing developments, driven by fluctuating interest rates and economic tides. However, the past decade has seen a transformative shift, turning Greater Phoenix into a flourishing hub for technology-driven growth and innovation.
Even amid the challenges of the recent pandemic, Arizona experienced a tech boom, defying the market conditions and increasing the number of tech jobs by 28% since 2016.
Arizona has long been recognized as a hub for semiconductor manufacturing companies. However, with the recent implementation of the CHIPS Act, major global semiconductor companies have been further incentivized to expand operations domestically, causing competition among regions to attract investment. Having already positioned itself as an ideal location for such expansion, Arizona continues to provide substantial funding and a growing ecosystem to this fast-growing industry.
The true testament to Arizona’s status as a burgeoning technological epicenter is not just a regional phenomenon but resonates internally. JE Dunn, ranked third and seventh by Engineering News-Record’s 2023 rankings for semiconductor manufacturing and mission critical, respectively, builds for five mega clients in these markets throughout the country. The company has 26 offices nationwide, spanning 18 states; Arizona is the only market where all five clients are actively building.
IMPACT ON GENERAL CONTRACTORS
The surge in tech has given rise to a unique set of challenges for general contractors, most notably the war for talent. While the opportunities for general contractors with expertise in these markets are seemingly endless, the sheer scale of these mega projects in complex manufacturing facilities and data centers is no small feat. Staffing projects of this magnitude demands a considerable allocation of resources and requires a specialized workforce with the skills needed to successfully deliver such complex facilities.
JE Dunn’s approach to advancing in the tech space involves marrying local insights, expertise, and relationships with national proficiency and horsepower. By integrating our local team’s knowledge of the
Greater Phoenix market with the specialized expertise of our national counterparts, we create a team that not only benefits our clients but also fosters a collaborative and enriching environment for our employees.
Having a team rooted in the local community offers an understanding of the unique needs, regulations, and partnerships that can only come from a genuine investment in the region. On the other hand, leveraging the expertise of individuals who have spent their careers working exclusively in active data centers or highly complex manufacturing facilities brings an unparalleled level of technical proficiency.
Our commitment to building the best team for each project is reflected in our holistic approach to employee development. Local employees, well-versed in the nuances of the community, share their insights with national colleagues, facilitating a seamless integration into the local market. Simultaneously, national experts bring their wealth of experience, elevating the skill set of local employees and broadening their horizons in highly technical markets for future projects in Arizona.
The collaboration between local and national is the cornerstone of the enriching career paths available to our employees. By offering exposure to diverse regions and markets, our employees have the chance to deepen their understanding, discover new interests, connect to an office and community, and carve out a niche where they truly excel and find joy. —Kirk McClure, vice president and client solutions director at JE Dunn (jedunn.com)
18 INBUSINESSPHX.COM JUNE 2024 Celebrating
centennial milestone this year, its local presence in Arizona spans nearly 20 years. JE Dunn’s growth in the Valley has been marked by entrance into new markets; it has emerged as a key player in the multifamily apartment high-rise market, recently completing Moontower, a 24-story multifamily apartment building, and is nearing completion on Saiya, a 23-story multifamily high-rise. Photos courtesy of JE
PROPERTY, GROWTH AND LOCATION
JE Dunn’s
Dunn
Do you value your investments? Let us protect what drives you! Clean, Correct, Protect 602-363-9039 • info@prodetailaz.com • www.prodetailaz.com 4235 East Magnolia Street, Phoenix, AZ 85034 Success in commercial real estate is about having direct access to bankers and decision makers who know the local market and can get the deal done right. NBAZ.COM | A division of Zions Bancorporation, N.A. Member FDIC Bank on our local market knowledge GET STARTED AT NBAZ.COM
If you have news to share about the semiconductor industry in Arizona, email us at semiinsights@ inbusinessphx.com
Unlocking the Potential: Arizona’s Journey to Semiconductor Innovation Hub
Pioneering the Silicon Desert
by Shannon Blood
In the heart of the scorching Sonoran Desert, a new frontier of innovation is emerging — one that promises to redefine Arizona’s economic landscape and propel it into the global spotlight as a semiconductor powerhouse. SEMI, an organization that advances the global semiconductor supply chain, held a SEMI Breakfast Forum in May with the theme “Is Silicon Desert the New Innovation Hub?” where industry leaders and visionaries gathered to explore the trajectory of Arizona’s semiconductor sector and its potential to become a nexus of technological advancement.
The forum featured a distinguished lineup of speakers, each offering unique perspectives and insights into Arizona’s burgeoning semiconductor ecosystem. Among them were Joe Stockunas, president of SEMI Americas; Kate Dei Cas, executive vice president and head of Delivery Systems & Services, and Kevin Gorman, senior vice president and head of Patterning Solutions — both of EMD Electronics, a business of Merck KGaA Darmstadt, Germany; Sean Fogarty, vice president of international business development for the Greater Phoenix Economic Council; and Spencer Wall, vice president of business development for DSV Inventory Management Solutions.
The discussion was enthusiastic as it centered on Arizona’s rapid evolution into a hub of semiconductor innovation. This transformation, fueled by a convergence of factors that have catalyzed growth and attracted significant investments, is a testament to the state’s potential. Key statistics underscored the state’s impressive semiconductor industry growth: Over the past decade, Arizona has seen a staggering increase in semiconductor-related employment, with thousands of high-quality jobs created in manufacturing, research and development. Moreover, the state has become a magnet for major semiconductor companies, with industry giants like Intel, Taiwan Semiconductor Manufacturing Company and Samsung Electronics making multi-billion-dollar investments in Arizona’s semiconductor infrastructure.
“There is a tailwind to our industry, and it’s a good time to be in our industry,” said Stockunas at the forum, as he emphasized the pivotal role of collaboration and partnership in driving Arizona’s semiconductor success story. He highlighted the importance of fostering an ecosystem where industry players, research institutions and government agencies work together to spur innovation and address key semiconductor industry challenges.
Dei Cas expressed her excitement for the event, highlighting the impressive turnout of 170 attendees and emphasizing the significance of Arizona’s burgeoning semiconductor landscape. She stated that Arizona has earned the moniker “the Silicon Desert” to capture the remarkable developments taking place in the region. As EMD’s electronics division plays a pivotal role
in semiconductor manufacturing, Dei Cas affirmed, “We’re committed to supporting the momentum of our industry in the Silicon Desert.”
Also, stressing the critical role of advanced patterning solutions in enabling semiconductor innovation and meeting the demands of next-generation technologies, Gorman emphasized the need for continued investment in research and development to stay ahead of the curve and maintain Arizona’s competitive edge in the global semiconductor market and focusing on sustainability. “The industry has a critical need for sustainable product innovation,” he stated.
“Arizona is the buckle in the emerging belt from California to Arizona and Texas,” said Fogarty. He outlined the strategic initiatives to further enhance Arizona’s semiconductor ecosystem and attract talent and investment to the region. He highlighted the state’s commitment to infrastructure development, workforce training and fostering a businessfriendly environment to support the semiconductor industry’s long-term growth and sustainability.
Wall provided valuable insights into the logistical challenges and opportunities of managing semiconductor supply chains. During his presentation “Transforming Your Supply Chain from a Cost Center to a Competitive Advantage,” he emphasized the importance of efficient inventory management and logistics solutions in ensuring the seamless flow of materials and components, ultimately driving operational efficiency and competitiveness in Arizona’s semiconductor industry.
As the forum ended, one thing became abundantly clear: Arizona’s ascent as a semiconductor innovation hub is no longer a distant possibility but a tangible reality. With its robust ecosystem, strategic investments and unwavering commitment to innovation, the state is poised to lead the charge in shaping the semiconductor industry’s future, paving the way for continued growth, prosperity and technological advancement in the Silicon Desert.
SEMI Americas semi.org/en/semi-organization/Americas
Over the past decade, Arizona has seen a staggering increase in semiconductor-related employment, with thousands of high-quality jobs created in manufacturing, research and development.
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Photo
courtesy of SEMI Americas
ARIZONA’S SEMICONDUCTOR EPICENTER
Joe Stockunas, president of SEMI Americas, at the SEMI Breakfast Forum
The future. Pioneered in Arizona.
The Arizona Commerce Authority is helping our state’s manufacturers grow and prosper through meaningful programs like the Arizona Manufacturing Extension Partnership (Arizona MEP). Using a proven approach that combines decades of leadership, manufacturing, operational and business expertise, Arizona MEP offers custom, hands-on solutions to help clients achieve their goals. Whether you’re looking for minor improvements or a major transformation, we provide the right knowledge, skill set and fl exibility to support your team. Join the more than 375 manufacturers in Arizona who have chosen Arizona MEP to help enhance their business.
Learn more at azmep.com
Balancing Chips and Cacti
Integrating Futures Semi Insights
As Phoenix embraces its role as a surging hub for semiconductor manufacturing, the city faces the dual challenge of supporting this high-tech industrial boom while preserving its unique desert landscape. This dynamic poses a significant question: How can Phoenix accommodate rapid industrial expansion without sacrificing its environmental heritage?
In the heart of the Sonoran Desert, Phoenix’s expansion is not just about constructing buildings; it’s about integrating new industries like semiconductor manufacturing with rigorous environmental management. The city’s response to this challenge has been to enforce strict local ordinances passed in 1981 barring removing certain plants, including saguaros, without a permit. More ordinances were passed by Phoenix and surrounding cities that require developers to salvage native species and, in some cases, replant them back into the landscape.
TSMC is among the most notable semiconductor companies that had to deal with the native plants on its 1,100 acres of undeveloped desert land before construction could begin. About 1,000 trees need salvaging.
As semiconductor fabs continue to rise, a crosspollination of sorts is happening between the semiconductor companies and a local company that has carved out a niche by helping them navigate these ordinances. Native Resources International, a plant relocation, nursery and landscape company, ensures that the natural landscape is not only preserved but integrated into the industrial expansion.
This approach offers a compelling model for sustainable development, illustrating how economic and environmental objectives can align. The semiconductor sector, with its substantial footprint, now plays a pivotal role in this balance. By investing in environmental stewardship, these companies comply with local regulations and contribute to the region’s biodiversity, enhancing their corporate responsibility profile. —Stephanie Quinn
Native Resources International nativeresources.com
Strategic mergers and acquisitions often serve as milestones that reshape corporate market trajectories and define future capabilities. A recent example of such strategic foresight is the acquisition of Phoenix-based CollabraTech Solutions by Exyte, a leading company in the design, engineering and delivery of high-tech facilities.
Founded in 2013, CollabraTech Solutions offers gas and chemical delivery systems for high-purity, inert and reactive materials. The company serves a niche market by providing a range of configurable products for process development and high-volume manufacturing along with contract design and manufacturing services. Its customers include major semiconductor device and equipment manufacturers and other technology-focused market leaders.
“By acquiring CollabraTech Solutions, we enhance our vertical integration, as their offerings seamlessly align with our Technology & Services business area,” says Exyte CEO Wolfgang Büchele, Ph.D.
On a mission dubbed the “Pathway to 10,” Exyte is aiming for ten billion euros in sales by 2027. The acquisition of CollabraTech Solutions allows Exyte to expand into the specialized gas and chemical delivery systems sector for semiconductor manufacturing — a niche but crucial component of the semiconductor supply chain. This integration into Exyte’s broader operations aims to fortify its market presence and enrich its service offerings, particularly in constructing semiconductor and pharmaceutical facilities. Steve Lemons, president and CEO of CollabraTech, explains that part of Extye’s strategy involves enhancing the equipment side of fab construction.
“Exyte started acquiring different companies that support the equipment used in fabs, and for CollabraTech, it means becoming a key part of that strategy,” Lemons says.
CollabraTech Solutions is the fourth acquisition to strengthen Exyte’s Technology & Services business area, following the acquisitions of U.S.-based Critical Process Systems Group and Airgard, Inc., and Germany-based Intega. With
these acquisitions, Exyte expanded its portfolio to include delivery systems and exhaust gas management, targeting the semiconductor and life sciences industries.
Lemons explains that, after the past decade of challenges, particularly the COVID-19 pandemic, the company “weathered COVID but really hadn’t gotten to the size needed to grow at a better clip.” So, when the opportunity with Exyte arose, CollabraTech was excited to gain a team that would support and promote its long-term development.
This strategic integration benefits not only Exyte’s product offerings but also strengthens CollabraTech’s capability to compete with larger industry players and assert its presence in highlevel fab bids. It provides both companies with the necessary resources and partnerships to scale operations and enhance their market position.
As for future plans, while nothing is set in stone, Lemons is optimistic about the integration phase and the potential expansion in Phoenix. “I fully believe that we will be a crucial manufacturing site as the overall entity grows,” Lemons asserts, indicating potential expansions in warehouse space and employee base to accommodate the increased production demands.
The merger also holds promising prospects for Phoenix. The region is poised to see substantial growth in its high-tech manufacturing capacity. "Exyte definitely sees the growth in Phoenix just like everybody else does," Lemons states. “Having manufacturing capacity in Phoenix was part of the reason that drove them to us.”
As the integration unfolds, the impact of this acquisition will undoubtedly resonate across the semiconductor industry. For Phoenix, it presents the promise of more jobs, better infrastructure and a stronger position in the global semiconductor industry. This development reflects a step toward growth in Phoenix’s high-tech manufacturing sector. —Stephanie
Quinn
CollabraTech Solutions collabratech.com
Exyte exyte.net/en
Exyte’s acquisition of CollabraTech Solutions allows Exyte to expand into the specialized gas and chemical delivery systems sector for semiconductor manufacturing — a niche but crucial component of the semiconductor supply chain.
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FABS
CHIPS &
ARIZONA’S SEMICONDUCTOR EPICENTER
Local Med Tech Startup Receives Patent
ReSuture, Inc., an Arizona-based startup developing anatomical models to expedite adoption of lifesaving therapies, has recently received a patent for its synthetic vascular tissue. ReSuture’s innovative technology delivers the most accurate procedural experience outside the operating room — allowing surgeons to perfect necessary skills currently learned on-the-job. This newly approved patent on technology developed in Arizona will improve perioperative care and surgical accessibility, reduce the economic impact of complications and operative training, and streamline medical device sales and development.
ReSuture’s partnerships across Arizona help it to provide lifelike physical simulations, innovative sensor technology and advanced data analysis to enhance medical device performance and surgical skill. Through public-private collaborations with Phoenix’s WearTech Applied Research Center and researchers at Arizona State University, ReSuture is building technology that will integrate novel sensors and robust data analysis to empower both surgeons and medical device manufacturers to deliver exceptional care.
“Our first-issued patent protects our technology and prioritizes patient safety,” said Hannah Eherenfeldt, co-founder and chief executive officer of ReSuture. “By recreating specific diseases and anatomy seen in the operating room in a synthetic environment, we ensure that new technologies remain impactful in an everchanging medical landscape.”
ReSuture’s technology uses machine learning to evaluate surgical proficiency during simulations, offering insights into both surgeon performance and equipment functionality. Access to this data is critical for surgeons and medical students as it enhances surgical safety by enabling skill refinement and fostering better understanding of optimal practices. Accurate sensors that can track and quantify operative movement and pressure have significant commercial potential to medical research institutions, hospitals, and surgical robotic companies.
The integration of machine learning into simulation-based training not only provides crucial feedback for surgeons to refine their techniques but also lays the groundwork for standardized assessments across the medical field. This breakthrough aligns with the larger narrative of advancing patient safety by ensuring that practitioners are not just adequately trained but continually guided by data-driven insights, ushering in an era of precision and proficiency in surgical practice. —Mike Hunter azweartech.org • resuture.com WELL
Digital Health Startups Need to Build a Research Flywheel
Those who are at a digital health startup face a challenge other types of software companies rarely face — they have to prove their software actually works
Other software may launch with a minimally viable product that sort of works, but those who want to sell into healthcare need to convince experts the app delivers expected benefits. For instance, a sleep app would be expected to have data it improves sleep or a weight-loss app have data showing users lose weight.
My company, BrainHQ, makes a brain training app. To create growth, we needed studies showing our app improves brain performance and health.
The ability to make strong claims is critical for a startup that hopes its product will be used, recommended or even paid for by the pillars of our healthcare system (healthcare providers, hospital systems, insurers).
Strong study results enable a business to make strong marketing claims. There’s a huge difference between a digital health app with and without evidence. Only after we’d shown it in studies could we adopt our current tagline: “Think faster, focus better, and remember more.” Apps without studies offer weaker claims, like “engages memory” or “designed by scientists.”
Running a gold-standard study takes a lot of time and money. At BrainHQ, there are now hundreds of published scientific papers, supporting a broad array of claims. That allows us to partner with dozens of Medicare Advantage plans that have made our program available to millions of users. We did it by building a flywheel of scientific validation — it started slowly, but now spins out many papers every year.
For those unfamiliar with the term, a “flywheel” is a heavy wheel used to store mechanical energy in the form of rotational movement (as in a potter’s wheel). As a business metaphor, it’s come to mean small wins that build on each other — eventually gaining so much momentum that growth almost seems to happen by itself.
Based on our experience, here’s how to build a research flywheel:
Make the flywheel: Businesses should approach researchers in their field; describe their science to university-based scientists to see if they’d be interested in learning more and might consider joining the startup’s Scientific Advisory Board.
Start the flywheel: Studies need academic partners, for access to patients and credibility. Just
asking academic researchers to run a study on a cool new product is not productive — researchers have their own priorities and their time is consumed by existing projects. Instead, businesses can become part of their research by collaborating on a grant. Federal Small Business Innovation Research grants (and similar small business grants) are made by all the institutes that form the National Institutes of Health (and other agencies), and only go to qualified small businesses. They’re not nearly as competitive as the grants academic scientists apply for. SBIRs allow businesses to fund research by their academic partner at their university — a win for both parties.
Accelerate the flywheel: After a few publications, researchers started asking if they could use our product in their own studies. We responded by developing an Investigator-Initiated Research Program to provide strong scientific support to university-based researchers.
Keep spinning: As a business’s publications grow, academic scientists with discoveries may approach it to become their commercialization partner. Businesses should not view academic researchers as competitors (after all, it’s hard to start a company), but as potential product map contributors. They want their discoveries to make the world better — and to be brought to market by people who appreciate good science. Becoming that partner can accelerate the startup’s innovation.
Digital health is a new field we need to develop on solid ground. Businesses need to build out their science so their interventions will be taken seriously — just like new developments in pharmaceuticals and medical devices. —Henry Mahncke, CEO of Posit Science (brainhq.com), who earned his Ph.D. in neuroscience at the University of California, San Francisco.
24 INBUSINESSPHX.COM JUNE 2024 The WearTech Applied Research Center was created by Partnership for Economic Innovation in 2019 to help launch a future-of-health technology ecosystem around Arizona’s thriving biomedical scene. azweartech.org
YOUR BENEFIT IN BUSINESS
WELL WELL
IS WHAT GIVES US PURPOSE HONOR
Honor is what motivates our team of dedicated healthcare professionals. Through passion and purpose, we come together to ensure every patient is provided with the best possible care. honorhealth.com
IDTechEx Explores Augmented and Virtual Reality
Augmented and virtual reality are being developed in new ways to enhance reality, from streamlined smart glasses to headsets with farfetched fantasy experiences. Extended reality (XR) headsets are proving useful not only for leisure purposes but also for industry use, training, and even rehabilitation.
People with vision conditions or who may be hard of hearing could see lifestyle improvements from AR displays. With some examples of displays that don’t rely on the shape of the eye lens, AR could substitute for poor vision by providing visual guidance or an assisted view of the real world. Similarly, subtitles can appear as an overlay for people who might be hard of hearing or translations of speech in real-time for those communicating across countries.
Specialized industry training could also be done through virtual reality, from surgery and medicine to fighter pilot training, allowing for more accessibility and potentially less need to travel. Getting a jet engine fixed could be faster without having to trawl through an entire manual, but instead having instructions displayed through the lens of a worker’s headset. Warehouses adopted augmented reality headsets early on, as they can be used to guide workers around and provide instructions for maintenance support, something which Google Glass has been useful for. More brands have been developing these headsets, highlighting the importance of both VR and AR for industry uses.
IDTechEx provides trusted independent research on emerging technologies and their markets. Since 1999, we have been helping our clients to understand new technologies, their supply chains, market requirements, opportunities and forecasts.
The full portfolio of wearables market research available from IDTechEx can be accessed at IDTechEx.com/Research/WT.
New episodes of “Tomorrow’s Tech by IDTechEx” are released monthly, with host Dr. Tess Skyrme interviewing an array of industry experts from IDTechEx, offering listeners accessible insights into a range of technology innovations. See more at www.IDTechEx.com/Podcast —Mike Hunter idtechex.com
The Secret to Captivating Your Audience? Nail Short-Form Video
Let’s face it, in today’s digital whirlwind of endless content, a mediocre video won’t just fade into obscurity — it’ll get ruthlessly mocked by nearby TikTok-ers.
But with a few pro tips up their sleeve, business owners can craft bite-sized video gold that instantly hooks viewers and leaves them craving more from their brand. It’s time to turn those viewing statistics into eye-popping ROI.
ATTENTION IS THE NEW CURRENCY
Like any great creative endeavor, an amazing short-form video starts with a clearly defined objective. Is it for introducing a new product? Building anticipation for an exclusive launch? Establishing a brand’s human, personable voice?
With only seconds to captivate modern audiences, extraneous detours will just lead to high bounce rates. Data reveals that smartly executed video campaigns are conversion powerhouses: With 54% of consumers making purchases after watching branded videos, and video ads generating 200–300% more click-throughs, the revenue potential is staggering.
STEPS TO BUILDING A VIDEO STRATEGY
Videos possess an unmatched ability to educate, inspire desire and propel viewers toward taking action. Before scripting their first video, business owners should invest in developing audience profiles, analyzing their content consumption habits and identifying the precise channels to maximize viewership.
THE FOUR STYLES THAT DEMAND ATTENTION
While infinite video formats exist, these four tend to reign supreme in the short-form realm:
• Product/Service Spotlights: Unveiling a business’s latest offering has never been so visually tantalizing.
• How-Tos/Tutorials: These fan favorites demonstrate a person’s expertise by educating viewers.
• Teasers/Sneak Peeks: Whet insatiable appetites by giving fans exclusive behind-thescenes previews.
• Q&A’s/Interviews: Putting human faces front-and-center to reinforce authenticity and establish connections.
No matter which of these high-impact formats a business chooses, customizing the video’s style to directly align with the brand’s message and audience is crucial.
SCRIPTING A STEALTH THUMB-STOPPER
With the objective and format defined, now it’s time to storyboard and script a video so undeniably magnetic, those mindlessly scrolling through their feeds won’t be able to resist its gravitational pull. Open with a hook that instantly piques curiosity. Sprinkle in snackable, skimmable facts and key takeaways. But avoid overloading on dense details — keep it breezy and visually entertaining. Close with a clear call to action, whether that’s clicking a link, making a purchase or sharing with friends.
REAPING THE DATA-DRIVEN REWARDS
Here’s the brilliant part — the business’s work isn’t done once its masterpiece debuts online. Now is the time to dig into real-time analytics to precisely understand what’s connecting with audiences and what needs a reshoot.
View counts, engagement rates, shares, comments — this is all priceless intel for a business finessing its next videos into utterly irresistible content. And with shortform videos now commanding marketing’s highest ROI, they’re tickets to the brand’s future growth and success.
FORMING AUTHENTIC CONNECTIONS THROUGH TRANSPARENCY
Video provides an intimate canvas to showcase a brand’s human side — its values, purpose and positive social impact. The most memorable campaigns stir viewers’ emotions, whether through heartwarming narratives, shocking societal exposes or bold calls to action.
Audiences can sense when a brand’s video presence feels genuine rather than overly polished or corporatized. The data backs this up, too. Sixty-three percent of consumers would much rather buy from a transparent brand than a disparate one. By aligning their video marketing with these evolving desires for authenticity and transparency, businesses will gain more than just improved visibility — they’ll earn invaluable long-term loyalty from an audience that feels personally invested in the brand’s success.
UNLOCK VIDEO'S POTENTIAL … NOW
The scarcest resource in today’s digital age is human attention. We are constantly inundated with a torrent of information vying for our fleeting focus. For businesses, commanding attention is the critical first step towards driving engagement, nurturing loyalty and, ultimately, achieving sales success. This is where video advertising shines — a masterful technique to instantly grip audiences and leave an indelible impression. —Derek Chew, founder of Fullmoon Digital (fullmoondigital.com)
In IDTechEx’s podcast, “Tomorrow’s Tech by IDTechEx,” Senior Technology Analyst Sam Dale discusses the variety of benefits of VR and AR. idtechex.com/en/research/podcast
26 INBUSINESSPHX.COM JUNE 2024
TECH NOTES INNOVATIONS FOR BUSINESS
LEGAL-EASE:
Navigating challenges and identifying opportunity
by RaeAnne Marsh
Attorneys can offer far more benefit to businesses than retroactively putting out fires from businesses’ missteps and other problems. With their expertise in specific practice areas, they can not only help businesses avoid problems but even identify potential opportunity that business executives focused on day-to-day operations may not otherwise have considered.
With Burch & Cracchiolo’s Susie Ingold as Guest Editor introducing this June “Legal” edition, In Business Magazine has identified the following topics as common to businesses across all economic sectors and reached out to attorneys in our community to share their expertise.
An IP Perspective
from R. Lee Fraley and Tyler Wolf, Snell & Wilmer
While many businesses appreciate the role of lawyers in advancing their business objectives, many emerging and successful enterprises do not appreciate the importance and value of Intellectual Property in advancing those objectives. Below are some guidelines for understanding IP and recent developments that businesses may overlook, which would negatively impact their business.
IP CAN HELP GROW YOUR BUSINESS
Businesses should understand that IP is more than just registered patents, trademarks and copyrights. IP consists of any idea, information, technique, process and/or work product that provide a competitive advantage. It is often important for businesses to periodically assess with an IP attorney what contributes to their success; whether it’s an innovative software platform developed in-house or through a contractor (copyright), a customized logo used on product packaging that signals to buyers the source of the goods (trademark), or “behind the scenes” techniques that allow businesses to be more effective and profitable in providing their product offerings.
Many businesses fail to appreciate the nuances of copyright and copyright ownership; protection for works of authorship arise as soon as such works are fixed in some tangible media, a photograph is taken or an article is written, and such works are owned by the author/creator. Ownership of copyright can only be transferred to the business by assignment. Works created within the scope of employment by an employee are assigned to the business as a “work-made-for-hire,” but if the work is created by contractors, the work must be assigned in writing. Unfortunately, many businesses mistakenly believe they own the copyrights simply because they paid for the work.
Similarly, businesses often believe if a trademark is not registered, then trademark rights do not exist, failing to realize that use in commerce of a trademark for the provision of goods and services gives rise to trademark rights as does the filing of a federal application. Moreover, just because a business initially procures an available domain name and starts a website does not mean that underlying name can be used as a trademark for the business.
In many cases, patent rights are not readily available, so the protection of ideas is limited to trade secrets and confidential information. Customer and supplier lists, source code and formulations are a few types of proprietary information that give the business a competitive advantage and should have appropriate internal safeguards, including written obligations of confidentiality and other internal guidelines governing access and use of the trade secrets.
IP rights not only help businesses prevent others from exploiting their competitive advantage, but they also create assets that can be monetized. IP assets can be used as collateral to generate funding or be licensed to others to create an additional revenue stream. The absence of an IP strategy raises flags with investors or buyers and their counsel, so putting together a plan to memorialize how the business protects and exploits its IP is often essential — in many cases, just checking a few boxes by having secured trademark protection, acquiring domains and social media
accounts, having all employees and contractors execute IP assignments/NDAs, and keeping company source code from public dissemination. These actions can give the investor/buyer confidence that the business can continue to flourish and, with additional resources, further strengthen its IP portfolio.
RECENT CHANGES IN THE LAW AFFECTING IP
A hot topic of conversation is patent and copyright protection in artificial intelligence that affect the right to use and protect AIgenerated work product. The United States Patent and Trademark Office published guidance stating that AI cannot be listed as an inventor; however, the person who uses AI can still be listed as an inventor if such person provided a significant contribution to the claimed invention. On the other hand, copyright ownership of AI-created works is cloudy, exposing the user to copyright infringement if the AI outputs copyrighted work of others that is then used by the business.
A safer course is to use the AI output as an inspiration to then transform the concept into a new work. The Copyright Office has stated that AI in copyrights must be disclaimed unless the use of AI to create the work is de minimus. The field of AI and the law surrounding it is constantly changing, so if a business is extensively using AI to create work product, an IP attorney should be consulted to determine how best to utilize IP creation to help prevent others from claiming infringement for its use and enabling the business to prevent others from using its newly created work product.
R. Lee Fraley is an intellectual property partner with Snell & Wilmer in Phoenix, Arizona. His robust intellectual property practice covers a wide range of services such as advising domestic and international clients during all stages of securing U.S. and foreign patent and trademark protection as well as opposition and cancellation proceedings before the Trademark Trial and Appeal Board and other contentious trademark proceedings. Fraley also counsels clients with regard to a variety of transactional matters. Fraley obtained his J.D. and M.B.A from Duquesne University and his B.S.E.E from the West Virginia Institute of Technology.
Tyler D. Wolf is an intellectual property associate with Snell & Wilmer in Phoenix, Arizona. His practice focuses on patent and trademark preparation and prosecution, patent and trademark enforcement, and intellectual property audits. Wolf is a registered patent attorney through the USPTO with a concentration on patent preparation and prosecution in the areas of mechanical systems, automated processes and chemical compositions and processes. Wolf obtained his J.D. from the University of Houston and his B.S. in aerospace engineering from the Georgia Institute of Technology. swlaw.com
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An AI Perspective
from Paul Coble, Rose Law Group
AI CAN HELP GROW YOUR BUSINESS
AI is not currently at the place where it threatens to directly replace most jobs, but nearly every job function will be augmented by AI in the near future. AI can act as a force-multiplier, allowing employees to be much more efficient and productive in their daily activities. Imagine how much more time employees can spend focusing on their core job functions when much of their most tedious tasks, like drafting emails or scheduling appointments, can be accomplished by AI tools.
A lot of people and businesses are just starting to realize that AI is far more than just text or image generation. Sales and CRM platforms are starting to incorporate AI to hyper-personalize customer relationships. Companies can use sales history and other customer data points to better predict when they will need to re-order products. AI is also really good at spotting patterns and predicting results. Manufacturers can use AI tools to identify and schedule equipment maintenance before it is necessary, reducing costly production downtime.
Many companies do not know about, or do not know how to address, the massive amounts of data they produce during the routine course of business. Data is the fuel for all AI projects, so the question of “What can we do with AI?” often starts with, “What data do we have?” Companies need to proactively take stock of their data streams and consider how to best protect those data streams as company assets.
RECENT CHANGES IN THE LAW AFFECTING AI
Outside of the European Union and New York City, there have been virtually no regulations imposed on artificial intelligence, but that is certain to change soon. There are a number of bills that have been introduced on the federal level, although none of them appear poised to pass. It is clear, however, that there is a strong appetite for regulating artificial intelligence at some level, so we are likely to see regulation in the near future.
That’s not to say that the federal government has been completely absent on AI. President Biden issued an executive order directing various administrations in the executive branch to develop recommendations and policy positions on AI. The Department of Commerce’s National Institute of Standards and Technology has recently produced a series of publications aimed at helping businesses developing or implementing AI to reduce risk to themselves and their customers (bit.ly/eo-on-ai). The AI executive order also directs certain agencies to develop resources for developers and small businesses to safely adopt AI tools into their businesses.
Paul Coble is a technology attorney and chair of the Intellectual Property Department at Rose Law Group PC. His background blends a unique combination of experience as a startup founder and software developer along with undergraduate studies in molecular biology and chemistry. Coble attended Arizona State University’s Sandra Day O’Connor College of Law and graduated cum laude with a concentration in law, science and technology — the study of how science and law interact and affect each other’s trajectories. roselawgroup.com
A Labor & Employment Perspective
from Kristy Peters, Littler Mendelson
After the pandemic, multiple businesses are employing remote workers. This can be challenging when the remote workers live in different jurisdictions throughout the country or even the world. For U.S. workers, paid sick leave laws can differ on the state, county and city level. Additionally, pay equity and pay transparency laws differ between jurisdictions. Businesses should be sure to look at the legal requirements of the states and cities where their employees are located, and make sure employees are informing them if they are changing locations.
DID YOU KNOW
The use of AI tools in the workplace can provide a lot of benefits for businesses, but also some risks. According to The Littler Annual Employer Survey Report, Littler’s clients are using AI tools for talent acquisition, creating HR-related materials, as self-service chatbots for questions, for job candidate interaction, for employee development and for performance management. Businesses should explore how AI can help them in HR functions, but also be mindful of potential risks and developing laws, including data protection compliance requirements.
RECENT CHANGES IN THE LAW AFFECTING LABOR & EMPLOYMENT
This year, federal agencies have been busy and have issued new rules that impact employers. The FTC recently issued a final rule banning the use of noncompete agreements by employers nationwide. Under this rule, employers are required to provide “clear and conspicuous notice” to all workers with existing non-compete clauses that the non-compete clauses will not be and cannot be legally enforced against the worker. We also anticipate employers to have uncertainty as to what restrictive covenants may qualify as a non-compete under the rule. Multiple legal challenges have been filed, including a request for a stay, so businesses who use restrictive covenants should monitor this issue closely.
The EEOC recently published its final rule regarding the Pregnant Workers Fairness Act. The PWFA requires reasonable accommodations to employees and applicants related to pregnancy, childbirth and related medical conditions. The PWFA also prohibits employers from requiring an employee to take a leave when other accommodations are available. One key difference from the Americans with Disabilities Act is that employers may need to temporarily eliminate essential functions.
The Department of Labor recently issued its final rule updating the salary level for overtime eligibility. The previous salary threshold was $35,568 per year. The new threshold in the final rule will be $43,888 on July 1, 2024, rising to $58,656 on January 1, 2025, with continuing increases moving forward. Employers should review the employees they classify as exempt and ensure they are compliant with the salary level. This could be a good opportunity for employers to audit their exemption classifications for various positions. This final rule is also being challenged in court.
The NLRB has continued to be active issuing memoranda that impact employers, including in the areas of settlement agreements, restrictive covenants and employer policies. It is important for employers to keep up to date on the NLRB’s guidance as this impacts both union and non-union workplaces.
Kristy Peters serves as the office managing shareholder of Littler Mendelson’s Phoenix office.. She represents and counsels employers regarding all types of labor and employment matters arising under federal and state laws. littler.com
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A Risk Management and Asset Protection Perspective
from Sam Saks, Guidant Law
As a business grows, so do the risks involved. To help mitigate increased risks and protect assets, it’s important to start by evaluating insurance policies. This means appraising current coverage to identify if it matches a business’s expansion and the types of goods or services the business provides.
For example, if a business involves the use of vehicles, it should have a commercial auto policy listing all vehicles and drivers. While this may increase the premium somewhat, it provides the protection needed for the business and prevents future legal issues and surprises, as personal auto insurance policies almost always exclude commercial activity (including using a personal vehicle for Uber, Lyft, etc.). Similarly, if a business has new locations or has added employees, it’s important to make sure those locations and employees are covered under the business’s Commercial General Liability policy and Workers’ Compensation.
It’s also wise for business owners to ensure they are personally covered, usually with an umbrella policy. An umbrella policy provides extra protection to one’s business assets in the event of a catastrophic injury or event (such as a car accident). Key person or “key man” insurance is another way business owners can protect their business if they or another significant employee passes away or is unable to work for an extensive duration. The policy helps to replace loss of income for the business.
DID YOU KNOW
One business opportunity that can be underutilized or missed is the power of negotiation. When a business grows and evolves, its structure and legal parameters often change. These alterations open the door for negotiation. Insurance positioning is a prime example. Perhaps a business began in a risky area such as asphalt hauling, where a higher likelihood exists of splashing asphalt in highway transit causing vehicular damage. If the business transitions into residential delivery, the resulting risk exposure may be lessened or eliminated. In this case, negotiating the business’s current coverage could reduce premiums.
Personal guarantees are another negotiable aspect of a burgeoning business. If, for example, a personal guarantee was made on an initial lease agreement and the business has become more established, a business owner can negotiate with their commercial real estate agent to have the personal guarantee eliminated. The same goes for contractors and vendors. If payments have been routine and timely, vendors and contractors may be willing to forego previously implemented personal guarantees.
As a business continues to scale, there are more steps to consider. With more employees coming into the fold, it’s wise to implement a formal employee manual. As expansion continues, having standardized policies and procedures
becomes increasingly more important. The same goes for data security. More staff means increased onboarding and offboarding of workers, which equals increased cybersecurity risk. Consulting with an IT professional can help businesses ensure they have the correct data and cybersecurity protection in place.
RECENT CHANGES IN THE LAW AFFECTING RISK MANAGEMENT AND ASSET PROTECTION
It’s important for business owners to be aware of any new or forthcoming policy changes. As examples, recent cases federally involving noncompete clauses and at the state level involving premises liability law provide insight into how risk and asset management can be impacted.
Businesses that have added staff should be cognizant that certain employee thresholds activate specific laws. As an example, employers with 15 or more employees are subject to certain laws that may not have applied when there were fewer than 15 workers. This applies to The Family and Medical Leave Act and laws that prohibit discrimination.
Overall, Arizona remains a business-friendly environment. Compared to neighboring states like California, there is less regulation for business owners, landlords and property owners. Similarly, the courts are sympathetic to — and understand — businesses and their challenges.
Ultimately, it’s wise for business owners to remain attentive to risk management and asset protection as their business grows — especially when they’re scaling a small or mediumsized enterprise. Changes can occur more swiftly than anticipated. Being aware and proactive can help prevent legal, tax and other types of liabilities down the road.
Sam Saks is an attorney at Guidant Law Firm specializing in commercial and tort litigation, including discovery, motion practice, trial, mediation and appeal. Additionally, Saks conducts numerous settlement conferences in civil cases. He represents small to mediumsized businesses in complex litigation over partnership, breach of contract, and commercial transactions. guidant.law
32 INBUSINESSPHX.COM JUNE 2024
An Organizational Structure Perspective
from John Norling and Guillaume Aimé, Gallagher & Kennedy
Starting and growing a successful business is the dream of any entrepreneur. Just like any journey, it requires a plan or a map to reach the desired destination efficiently. Entrepreneurs who start their business without any thought or consideration of how that business will be structured or of an end goal will likely face unnecessary hurdles and be far too focused on putting out fires instead of growing the business.
START WITH THE END IN MIND
Nothing inhibits or prevents growth like a lack of planning. Entrepreneurs and new business owners generally do not consider their exit strategy when starting or entering into a new business venture. To measure success (e.g., growth), they need to answer a few questions: “What are my goals?” “Is this a long-term family business?” “Is it a career for the owners to pass down to family, or is the objective to build a successful business with the ultimate goal of going public or being acquired by a strategic buyer?”
There is no single best structure for a new business, but the answer to each of these questions will assist in determining how to best structure the new entity in order to avoid unnecessary challenges in the future. So, it’s important to consider these questions and organize wisely from the start. Be proactive.
ORGANIZE WISELY AND DOCUMENT EVERYTHING – PREPARE FOR THE ‘WHAT-IFS’
Choosing a business structure is a significant step in eventually growing a business. There are many legal and tax considerations which will factor into how to structure the business, and competent legal and tax advice is crucial when structuring the business.
There are four common ways to structure a business:
• Sole proprietorship, which is the easiest type to form and leaves the owner in sole control (and also solely liable for any debts or obligations of the business).
• Partnership, which is the default structure when two or more people establish a business.
• Limited liability company (LLC), which combines some of the benefits of the corporation and partnership structures (such as providing liability protection for the owners while avoiding some of the formalities which corporations need to follow).
• Corporation, the two main forms of which are a C corporation (typically for larger businesses or businesses with a goal of going public or being acquired) and an S corporation (which provides certain tax benefits but is limited as to the number and nature of shareholders.
Many businesses start out with a shared idea or among a group of likeminded people. But sometimes, those shared ideas differ, and if they do not begin with organizational documents that define how the business will be governed, their business could face unnecessary disruptions that undermine the growth and development of the business.
Organizational documents should consider and address issues such as how the business will be managed, who will make the decisions, how new owners will be admitted, what rights the current owners have to transfer their interests and, perhaps most important,
dispute resolution mechanisms in the event disputes ever arise between the owners.
When developing a business’s organizational documents, some relevant questions to ask are:
• Will all owners be actively involved in the business? If not, will the owners have different rights and responsibilities?
• Who will make the day-to-day decisions regarding the operations of the business? What important decisions should all owners have a vote on?
• What happens if there is a disagreement between the owners? If there are two owners and one wants to go right and the other wants to go left, who decides?
• What happens if an owner dies, becomes disabled, files bankruptcy, becomes a party to a divorce proceeding or has a creditor attach his or her ownership interests? What happens to the ownership interests? How does the business protect itself?
• What happens if an owner commits an act that causes material harm to the business? Or commits a criminal act, employment discrimination, or harassment? How does the business react? What can it do?
• What if one of the owners just wants out? How are the ownership interests valued? What are the business rights/obligations to reacquire the ownership interests? Can the departing owner transfer the interests to anyone?
There are myriad provisions available to include in governing documents to help businesses avoid and resolve the above issues. For example, if the owners are evenly split on a decision, a deadlock provision is a mechanism to resolve that deadlock. In the event of a divorce, death or disability of one of the owners, governing documents can include provisions to decide ownership and/or provide for a succession process. If a business owner wants to sell his or her equity interests, a right of first refusal (“ROFR”) can grant other owners the right to purchase such interests first, either for the same terms as the third-party purchaser offered or at a discount.
The above are just a sampling of the issues that need to be considered and documented in a business’s organizational and operational documents. Failure to do so could result in significant uncertainty and disruption, which could materially distract the business and its owners from the ultimate goal of any entrepreneur — growing and operating a successful business.
Continued on page 34
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SEEK COMPETENT ADVICE
Perhaps the most important advice to business owners is to seek out competent legal and tax advice and not be afraid to listen. Owners are an expert in their business, but not necessarily an expert in every aspect pertaining to their business. A good business lawyer and a good tax advisor are valuable members of a business owner’s team.
The legal, tax and regulatory environment for businesses is in a constant state of change. It is virtually impossible for a business owner to stay informed of these changes and still have time to focus on his or her business. Business owners need trusted advisors to help keep them on the right track.
From the requirements under the new Corporate Transparency Act enforced by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) to recent actions of the Federal Trade Commission and the Department of Labor unveiling final rules banning non-compete agreements and increasing overtime pay eligibility, respectively, the rules of the game are ever-changing. When added to the normal, ordinary course, issues faced by businesses — such as corporate and securities issues, employment and labor issues, employee benefits, tax structuring, landlord/tenant relations, real estate financing, regulatory compliance, intellectual property protection, and various other transactions and disputes that can arise and impact a company’s growth — can become overwhelming to a business owner.
Business owners need to develop a roadmap for their business, seek competent advisors, and put themselves in a position to focus on the growth and development of their business.
John Norling is a shareholder at Gallagher & Kennedy in Phoenix, Arizona. For more than three decades, he has advised businesses, business owners and individuals on all aspects of their operations, from day-to-day operations to strategic planning. His substantive practice includes commercial transactions, real estate, business organizations, corporate law, mergers and acquisitions, federal and administrative compliance, business contract negotiations, and advertising compliance.
Guillaume Aimé is a senior associate at Gallagher & Kennedy in Phoenix, Arizona. He advises companies of all sizes across diverse industries in securities and business transactions, including public and private offerings, SEC reporting, and mergers and acquisitions. Guillaume also advises companies and venture capital firms in VC funding and helps companies with their corporate governance, entity formation and commercial contracts. gknet.com
A Real Estate Perspective
from Brett Siglin, Fennemore
Opportunity Zone investment generates a positive impact in Arizona, with an ongoing prospect for an extension of the OZ incentive. The OZ incentive was initiated by Congressional legislation to spur economic growth in underserved areas across the United States in late 2017. Currently, there are 8,764 designated Opportunity Zones nationwide, including 168 in Arizona. Arizona was one of the first states in early 2018 to designate its Opportunity Zones and has been one of the top places for real estate development and investment.
There are several distinct benefits for investors who invest qualified capital gains into a qualified opportunity fund (QOF), including initial deferral of tax on capital gains contributed, exclusion from taxes on any capital gains generated from a sale of the initial investment held in the QOF for at least 10 years and no depreciation recapture.
The equity generated by investors who contribute qualified capital gains into qualified opportunity funds continues to foster development of all asset classes and real estate in Opportunity Zones throughout Arizona. In fact, well over $2 billion has been raised through the end of 2023 for projects in Arizona, which is the second leading state in attracting Opportunity Zone capital to date. Five Arizona cities rank in the top 50 for Opportunity Zone investments. Phoenix and Tempe rank among the top 20 cities for the number of new housing units generated by opportunity zone investments, with 8,476 taken collectively, making our region No. 2 nationally.
The OZ incentive has created additional bandwidth for developers to raise funds for sourcing large-scale real estate deals in what has been a challenging financial market over the past two years. A host of developers who have sponsored QOFs have been able to successfully raise OZ equity, leverage a variety of debt sources, expand their footprint in opportunity zones and generate more economic activity across Arizona.
The following are among many developments currently active in the region:
• Affiliates of Jackson Dearborn Partners are planning to develop several new construction multifamily housing projects located in opportunity zones in the Phoenix, Arizona metropolitan area, including:
• a proposed mixed-use multifamily project in downtown Chandler with approximately 126 multifamily units and an anticipated 3,400+ square feet of retail space,
• a proposed mixed-use multifamily project in downtown Scottsdale with approximately 83 units and an anticipated 5,000 square feet of commercial space, and
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Continued from page 33
• the second phase of a multifamily project in downtown Goodyear with a total of approximately 296 units.
• YourSpace America and its affiliates are in the process of developing the following new construction projects, among others, located in Opportunity Zones in Arizona:
• a state-of-the-art 125,000-plussquare-foot self-storage facility in downtown Phoenix with approximately 1,225 storage units, and
• a state-of-the-art 130,000-squarefoot self-storage facility in downtown Tucson with approximately 966 storage units.
Significant legislative proposals were introduced during 2023, such as:
• H.R.5761 — Opportunity Zones Transparency, Extension and Improvement Act, which would, among other things, extend the deferral date for opportunity zone investment from December 31, 2026 to December 31, 2028, reinstate reporting requirements relating to qualified opportunity zones; and allow for “fund of funds” investments; and
• H.R.3937 — Small Business Jobs Act, which would create a new category of opportunity zone census tracts located in rural areas.
Both bills are currently stalled.
Although the opportunity zone tax incentive has generally benefitted from a solid foundation of bipartisan support since its outset in 2017, the gridlock on Capitol Hill is likely to prevent any new legislation from passing in this current election year. It will be imperative to the survival of the opportunity zone incentive for Congress to enact extension legislation before the end of 2026.
There is opportunity now for individuals to reach out to their Congressman or Senator to show support for the extension of the OZ incentive.
Brett Siglin is a director in Fennemore’s Real Estate practice group with extensive corporate and real estate experience who works out of our Phoenix office. He focuses his practice on a broad range of business law matters involving organizational structuring, joint ventures, syndication of equity, bond financing, contract negotiation, regulation and compliance, tax credits, property tax exemptions, and real estate acquisition and development. fennemorelaw.com
A Succession Planning Perspective
from Louis Silverman, Praesidium Law
Small business owners are truly the bedrock of our country. According to the Small Business Administration, small companies have generated 13 million jobs over the past 25 years, accounting for 66% of the employment in the U.S.A. There are 32 million small businesses around the country, comprising 99.9% of all companies. Small businesses support the local economy, are charitable and are a vital member of their communities.
Small businesses are usually set up as a sole proprietorship, a partnership, a corporation or an LLC. Through fluctuating economic times, small business owners struggle to attract new customers, serve their clients, make payroll, keep the lights on and have enough left at the end of the day to provide for themselves and their families.
So, how does a lawyer fit into this picture? Most people think that estate planning is a will or a trust (which it is, of course). But for small business owners, it is essential to take the steps to secure the business and the business owner’s financial well-being through a well-designed estate and business succession plan. There are multiple estate planning issues that encompass both personal matters and business succession. These include planning for the continuation of the business and building contingencies in the event of the owner’s retirement, disability or death. Let’s review some planning tools.
Let’s assume the owner of a solely owned hardware store, employing 10 people, becomes ill and incapacitated. Who can manage the business, make key decisions, make payroll, etc.? The simplest tool for this contingency is a Durable Power of Attorney, by which one, called the principal, can appoint trusted individuals (the agent) to manage financial decisions and transact business. This document may give the authority to make banking, real estate and other transactions. Think of some of the specifics of running a business, such as negotiating contracts, accessing financial accounts, placing orders, writing checks and the completion of pending work. The Power of Attorney may be specifically tailored to authorize the designated fiduciary to make these decisions. The power of attorney should be “durable,” which allows the agent to act even if the principal is incapacitated.
The second important tool is either a will or trust. In either, the business owner may designate, upon death, the recipient(s) of the business. Should this be a family member, a trusted employee, or someone else? Without a will or trust, the laws of the home state will dictate who inherits assets. It may not be the choice of the business owner. We have seen businesses fall apart very quickly when left by default to children who do not have business expertise, fight over control and, eventually, run the business into the ground.
Now let’s assume there is a business partner. Things get more complicated. One should consider succession planning in the context of the partner assuming the business. The traditional approach is a buy-sell agreement. A buy-sell agreement is an agreement between business owners to purchase and sell interests in the business at an agreed-upon price in the event of certain future circumstances. These circumstances may include death, incapacity, retirement or dealing with offers from third parties. There are many factors to consider, more than may be covered in this article. Without a buy-sell agreement, the death or incapacity of a business partner could cripple the business and result in its demise.
Determining how to transfer a business on death or disability requires careful consideration of many issues, including family security, estate, capital gains and income taxation, asset protection, and prudent business planning. To that end, we have covered just a few ideas in this article to ensure business succession, caring for one’s family or loved ones, and making sure that one’s mark made in the community lives on long after one’s passing.
Louis A. Silverman, a director at Praesidium Law, has been practicing law in Arizona since 1981. In 2005, he changed the focus of his civil litigation practice to estate planning, trust and estate administration, and probate law. In 2015, Silverman became board-certified in estate and trust law by the State Bar of Arizona with the accreditation of “Certified Specialist in Estate and Trust Law.” praesidium.law
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CRITICAL CARE FOR ACQUISITION POST-CLOSING
Post-closing is an exciting time for both the acquiring company and the acquired company, but also one that should be navigated with care. The messaging to both groups of employees in particular is important, especially if they were previously competitors. Think about it as “marketing” the acquisition or merger to employees, as well as customers and suppliers, with the goal of reassuring all parties that business will continue as usual (or even better than before). Along with the message, the acquiring company should have an integration plan in place prior to closing the transaction to ensure nothing falls through the cracks. An important example would be to have all benefit plans set up prior to closing so that if an employee has an emergency on day one, he or she is covered.
As a senior vice president of portfolio acceleration at Montage Partners, Cole Jackson collaborates with the firm’s portfolio company management teams to establish and execute each company’s growth strategy. Previously, he was a senior manager at Accenture Strategy, where he worked with clients across industries to improve operations and develop and implement new operating models. Jackson holds a bachelor’s degree in industrial engineering from the University of Oklahoma and a master’s degree in management science and engineering from Stanford University. montagepartners.com
Acquisition as Strategy for Growth
Evaluating potential buyers as well as add-on opportunities
by Cole Jackson
There are many strategies business owners may choose to grow their company. Growth via acquisition is one such strategy that can result in accelerated growth if executed properly. Whether a business is considering this strategy for itself or has been approached by a larger company looking to acquire the company as an add-on (also known as a bolt-on acquisition), the process may seem complex and unfamiliar. As a private equity firm that’s been on both sides of this transaction, we’re demystifying the acquisition process.
BEING ACQUIRED
When business owners are evaluating potential buyers for their company, it is important to understand whether a buyer is viewing their company as a platform investment or as an addon acquisition. Some buyers (typically financial buyers) may be looking at the company as the basis for a larger consolidation or roll-up platform. Other buyers who are interested in the company as an add-on could be an independent strategic buyer, such as a public corporation or other founder-owned business in that industry, or a private-equity-backed strategic buyer looking to add-on to a platform investment. These buyers may be motivated by revenue accretion, cost synergies or a combination of the two (see below “Acquiring a Company” section for more information on why companies pursue an add-on acquisition).
Before considering an offer from either type of buyer, business owners should think carefully about what their goals are for a transaction. Is it part of plans to retire? Is it in hopes for meaningful or full liquidity so they can diversify their assets? Is preserving the legacy they built important? Do they have major growth plans for the company that require significant capital or other resources? Answering these questions can help business owners determine which buyers align with their goals. Typically, buyers viewing a company as a platform investment will want the existing business owner to continue to run the company (or already have a solid succession plan in place) but can offer significant liquidity and accelerated growth of the business. Buyers who are proposing to acquire a company as an add-on can provide meaningful or even full liquidity, along with access to more resources, and
founders are typically able to fully retire post-transaction.
With businesses acquired as a platform investment, owners may find they keep more operational control and have a larger voice in future decisions (for example, they’ll likely have a board seat if the buyer forms a board of directors post-closing). There is typically more flexibility for the structure of the deal, such as the percentage of ownership being sold. It’s also likely that the buyer would want everyone on the leadership team to stay in place to ensure the continued success of the business. Lastly, for financial buyers, there is usually a second, later exit; many owners who retain some partial ownership of the company (also known as rolling equity) will have the opportunity to get a bigger, “second bite of the apple” when the investor sells the company to a future buyer.
For companies acquired as an add-on, owners are less likely to have the ability to roll equity. Depending on the structure and size of the buyer, they may not have a board seat and likely will have a boss if they continue to work at the company postclosing. For some owners used to working for themselves, this can be a difficult transition. It’s also critical to understand a buyer’s plans for the acquired company’s employees early in a transaction. With add-on acquisitions, particularly if plans include merging the employee bases post-closing, there could be job elimination or benefit plan changes.
Regardless of the type of transaction, the qualities of the company a buyer is looking for likely are the same. Buyers in either case typically look for a more diversified customer base, past financial performance and future growth paths available to the company. The due diligence process will also look very similar in both cases, which involves a heavy lift from the seller to provide all the requested data and explanations. The process could be more streamlined if the buyer is a strategic buyer, as they already have a baseline level of expertise in the company’s industry. Sellers will need to carefully weigh the pros and cons of sharing information if the buyer is also a competitor.
ACQUIRING A COMPANY
Rather than being acquired, a company may be in a position where its owner prefers to acquire other businesses. Business owners typically pursue add-on acquisitions for revenue
When business owners are evaluating potential buyers for their company, it is important to understand whether a buyer is viewing their company as a platform investment or as an add-on acquisition.
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RISKS & REWARDS
accretion, cost synergies or a combination of both. On the revenue side, there can be an instant boost to revenue if the add-on company brings new customers, unlocks new sales channels, adds new products or services to the existing company or expands its geographic footprint. For example, a manufacturing company selling products into two channels, such as retail and gas stations, may look to acquire a company that sells products into hospitality channels. Cross-selling or upselling opportunities can also increase revenue. The diversification of revenue is an added boost here, reducing a company’s reliance on historic customers. In some cases, there may be technical capabilities, patents or even equipment buyers want to incorporate into their business that can spur further growth.
From a cost perspective, combining two or more companies can result in overall cost savings for the consolidated business through economies of scale. This can be achieved through merging back-office functions, leveraging internal sales and marketing resources rather than outsourcing, or through more favorable pricing due to improved negotiating position with suppliers. Some owners find that integrating parts of their supply chain into the company — such as purchasing a smaller but key product supplier — also creates cost efficiencies.
To acquire a company, business owners first need to define what exactly it is they’re looking to acquire. This includes laying out the goals of the transaction: Is the primary purpose to gain more equipment? Adding specific customers or channels? What is the target size or geography? It’s important that business owners be specific as to what they want to buy and what they don’t want to buy.
Once business owners have a clear idea of what they’re looking for, it’s time to actually find the company to acquire. Business owners may choose to hire an investment bank or broker to identify and reach out to targets. If businesses have a capital partner, that partner may have the resources to lead these efforts. Business owners can look at their competitors or others in their supply chain or ecosystem and gauge their interest in a sale. Networking in their industry and asking for referrals can be another way to identify potential opportunities. After the target list has been created and actually narrowed down to who may be interested, the diligence phase begins.
The diligence for an add-on acquisition is very similar to any kind of business sale diligence, though the scope depends on the size. For example, smaller transactions may not engage a third party to conduct a quality of earnings review. During the due diligence phase, this is the time for business owners to dig in and ask the right questions to understand the business, identify potential concerns, and confirm that the reasons they wanted to acquire the company in the first place are true. Among other areas to focus on are assessing the cultural fit of the acquired company with the acquiring one, especially if the acquisition will involve merging employee bases. It’s important to ensure the there is a fit with company values and mission and there is a plan in place to combine these with minimal friction.
Whether or not business owners hire an intermediary to lead the search, they’ll still need some advisors to assist with the transaction to protect their company and interests. The most important of these is a good attorney with M&A experience. Depending on the complexity, business owners may or may not want to engage a specialized accountant. Beyond the immediate transition, we recommend implementing a 100-day plan after closing. This plan should include consolidating financials and executing on other, operational integration action items. This period can be fragile, so business owners will want to keep a sharp eye to ensure they’re not losing key people or customers and that no administrative tasks are being missed.
Get Up And Get On It
This captivating narrative traces its roots back to 1950 when Gerald Frank, a determined Black man, arrived in Seattle at the tender age of 18. Fleeing the violence of Detroit and the suffocating grip of Jim Crow Laws, Gerald carried nothing but dreams and drumsticks in his heart. His unwavering belief that he could carve out a better life set the stage for an incredible journey. Today, more than 70 years later, the real estate empire forged by Gerald and his wife, Theresa, in Seattle’s Central District continues to flourish under the guidance of the third generation of the Frank family. But theirs was not a journey paved with silver spoons. In Get Up & Get On It!, Dana Frank paints a vivid picture of the hurdles her family faced. Their story is a testament to fortitude, perseverance, bravery, and unrelenting hard work.
Get Up And Get On It: A Black Entrepreneur’s Lessons on Creating Legacy and Wealth
Dana Frank $28
Wiley Available 6/18/2024
Ordinary to Extra-Ordinary
256 pages
Ordinary to Extraordinary will give readers valuable insights into developing a career, no matter what the reader’s age or stage! Pursuing an extraordinary career is one of the best things we will ever do for ourselves. It will bring us joy, friends, wisdom, treasures, stories, travels — and, for author Pattie Dale Tye, a spouse. It will give us freedom and superpowers (to be used for good, not evil). We’ll be able to change lives — not just our own but legions of others. In the end, it will be one of the best parts of our precious lives. Tye would like readers to keep in mind this universal principle: We should each look not only to our own interests but also to the interests of others.
Ordinary to Extra-Ordinary: Achieving Remarkable Career Success through Passion, Purpose, and Preparation
Pattie Dale Tye
Forbes Books Available 6/25/2024
Shareworthy
$24.95
200 pages
In today’s highly competitive marketplace, a brand must tell meaningful stories that resonate with its target audiences across media channels. People want more than a utilitarian benefit — stories are ultimately what drive us to engage with brands. And we want to align ourselves with brands that are ethical and purpose-driven and that take responsibility for their actions and messaging. This indispensable book reveals what makes brand stories “shareworthy” and guides readers through creating relevant and resonant advertising. Combining practitioner and academic perspectives, Robin Landa and Greg Braun offer a roadmap for conceiving and developing creative advertising campaigns that are responsible and inclusive — and that audiences enthusiastically share. Timely and actionable, Shareworthy shows current and aspiring marketing professionals how to craft a story, connect with the audience, and embrace social responsibility throughout.
Shareworthy: Advertising That Creates Powerful Connections Through Storytelling Robin Landa and Greg Braun
Columbia Business School Publishing Available 6/25/2024
On the revenue side, there can be an instant boost to revenue if the add-on company brings new customers, unlocks new sales channels, adds new products or services to the existing company or expands its geographic footprint.
$35
256 pages
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BETTERING YOUR BUSINESS
Michael Ly is CEO of Reconciled, a national bookkeeping and advisory firm for small businesses.
Reconciled has been recognized as one of the fastest growing and innovative accounting firms in the country. Also a business coalition member of Local First Arizona, Ly started his accounting career in Tempe at a nonprofit and spent the past 20-plus years working with small businesses. He is also cofounder of Humnly, an HR-as-a-service platform for small business. Ly is a Tempe native and Arizona State alum. He holds an MBA from Babson College and a Bachelor of Science in business administration from ASU. humnly.com reconciled.com
Tax Incentives for Small Businesses: Engine for Economic Growth
Spurring high-impact research and development
by Michael Ly
As an accounting professional and small business consultant working with locally owned businesses for more than 20 years, I always hear stories from small business owners about their achievements, frustrations and how they enjoy doing the work they love.
I see how self-employment is a strong option for all individuals nowadays, and I truly believe that small businesses are the engine for local economies. Small businesses are a unique source of energy, creativity and fresh ideas.
Statistics speak for themselves about the entrepreneurial spirit in our state and how Arizona has consolidated as a hub to grow small businesses. According to the U.S. Small Business Administration, 99.5% of business entities in Arizona are small businesses that employ 42.2% of Arizona workers.
For entrepreneurs, like myself and many of my clients, taxes are one of the main concerns, and they ask questions such as, “How much am I supposed to pay for taxes?” “Why am I paying a specific amount?” and “Is there a way I can reduce the taxable income?”
Our state has multiple resources, such as organizations like Local First Arizona, that strengthen and support entrepreneurs’ growth. Local First Arizona is committed to community and economic development across our state; it helps small businesses navigate local challenges and capitalize on local opportunities, including access to tax deduction information.
The federal government, through the Inflation Reduction Act aimed at building an economy that serves working families
Businesses can learn about saving money through the IRA or securing funding for a Green Project with Local First Arizona’s guide.
and small businesses — is reducing costs for small businesses by maintaining lower healthcare costs, supporting energysaving investments and bolstering supply-chain resiliency.
Furthermore, building owners and renters can receive a tax deduction of up to $5 per square foot for improving a commercial building’s efficiency by 25% or greater. Energy efficiency businesses like window installers, electricians and HVAC professionals can increase deductions’ value with bonuses for paying prevailing wages.
The IRA legislation levels the playing field and will help spur high-impact R&D by increasing small businesses’ refundable research and development tax credit from $250,000 to $500,000. Small businesses may use the credit to further reduce payroll taxes and other expenses by up to $500,000 annually to do their best: innovate and commercialize to solve global problems and create jobs to propel our economy forward. For businesses that cannot take advantage of R&D tax credits, most companies can take advantage of accelerated and bonus depreciation on assets. Section 179 Expense deduction allows a business to deduct the entire cost of an asset, such as solar panels or batteries, in the year it is acquired and started to be used for business (subject to specific limitations) up to a maximum of $1,160,000. Eighty percent bonus depreciation is also still available for 2023.
The IRA offers incentives for entrepreneurship, tax credits, and programs addressing business challenges. Small businesses should leverage the IRA to create a prosperous community.
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Economy DEVELOPING & GROWING BUSINESS DYNAMICS
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GIVE BLOOD. FIND A DRIVE.
Every day, blood donors make a life-saving impact on patients of all ages, from accident victims to those battling cancer. With someone in the U.S. needing blood every two seconds, your donation can be the support someone desperately needs. A single donation can help multiple people in need. Find a blood drive near you today and help save lives. Visit Red Cross Blood Drive Locator to find a drive and make a difference. Visit www.redcrossblood.org/ give.html/find-drive
Mesquite Fresh: Nourishing the Community with Compassion
Social responsibility is ingrained in its corporate culture by
Tyler Butler
Nestled in the heart of Arizona, Mesquite Fresh Street Mex isn’t just a restaurant — it’s a vibrant hub of community support and social responsibility. From its humble beginnings, Mesquite Fresh has embraced a mission to give back, forming meaningful partnerships with local organizations to uplift those in need and cultivate a culture of compassion.
Central to Mesquite Fresh’s philanthropic ethos is its personal connection with the Susan G. Komen Foundation. When one of its own employees, Tolano, bravely confronted breast cancer, Mesquite Fresh stood in solidarity, offering unwavering support throughout her journey. Tolano’s courage and resilience served as a catalyst for action within the Mesquite Fresh family, sparking a commitment to raise awareness and funds for breast cancer research and support services. Tolano’s sentiment echoes the sentiments of many within the community, “Being a first-generation immigrant from Mexico, I would not expect the type of help they have given to me. My goal now is to spread awareness to younger women to get checked, because early diagnosis is extremely important.” Mesquite Fresh’s steadfast dedication to Tolano’s cause exemplifies its unwavering support for its employees and the broader community.
a brighter future for all. With each act of kindness, Mesquite Fresh exemplifies the transformative power of compassion, illustrating that businesses can indeed be a force for positive change in their communities.
Tyler Butler is a chief social impact officer for a publicly traded corporate portfolio where she leads programs that positively impact humanity. She is also the founder of 11Eleven Consulting, and she is often cited as a subject matter expert by Forbes, SHRM, Entrepreneur, U.S. News & World Report and more. linkedin.com/in/tylerbutler
Moreover, Mesquite Fresh has fostered impactful partnerships with organizations like the American Red Cross, addressing critical societal needs such as blood shortages. In response to dwindling blood donations, Mesquite Fresh launched a creative initiative offering complimentary tacos as an incentive for donors. This initiative not only encourages community members to contribute to a vital cause but also underscores Mesquite Fresh’s innovative approach to community engagement. Jason Benedict, regional blood donor executive at the American Red Cross, emphasizes the importance of such initiatives as he states, “Right now, the American Red Cross is experiencing an all-time low in signups for blood donations. We encourage everyone to make an appointment and help those in need of blood.”
Mesquite Fresh also extends its support to foster children through initiatives like Toys for Tacos, in collaboration with The Foster Alliance. This holiday gift donation drive aims to bring joy to every foster child in Arizona, demonstrating Mesquite Fresh’s commitment to uplifting the most vulnerable members of society. Bethany Eggleston, vice president of development and marketing for The Foster Alliance, expresses gratitude for the community’s support: “Toy drives are an opportunity for the community to join us as foster allies. Providing presents for every foster child in Arizona is a lofty goal, but it’s possible if we work together as a community.”
Beyond individual initiatives, Mesquite Fresh’s dedication to social responsibility is ingrained in its corporate culture, inspiring both employees and patrons to join hands in creating
As Mesquite Fresh Street Mex continues to expand, its commitment to community service remains steadfast. Ahmad Alatrash, co-founder of Mesquite Fresh, emphasizes the importance of serving as an active participant in the community. He shares, “Serving our community is integral to Mesquite’s ethos, and, as our brand grows, we are dedicated to scaling our charitable efforts to support those in need wherever we operate. Giving back is at the core of Mesquite’s values, and we are committed to upholding this principle in the future.”
Expanding on Mesquite Fresh’s dedication to community welfare, the restaurant recently introduced an innovative initiative aimed at supporting local schools. Partnering with neighboring educational institutions, Mesquite Fresh launched a fundraising campaign wherein a percentage of sales from designated menu items would be donated to school programs. This initiative not only provides financial assistance to schools but also fosters stronger ties between Mesquite Fresh and the surrounding community. Mesquite Fresh believes that investing in education is paramount to nurturing future generations and ensuring the prosperity of the community as a whole.
Mesquite Fresh has expanded its outreach efforts to include environmental sustainability initiatives. Recognizing the importance of protecting the planet for future generations, Mesquite Fresh has implemented eco-friendly practices such as reducing plastic waste, sourcing locally grown produce and supporting renewable energy initiatives. By prioritizing sustainability, Mesquite Fresh demonstrates its commitment to preserving the environment and promoting responsible stewardship of natural resources. Through these initiatives, Mesquite Fresh strives to inspire other businesses to embrace sustainability practices and contribute to a greener, more sustainable future for all.
Mesquite Fresh Street Mex eatmesquite.com
Mesquite Fresh has fostered impactful partnerships with organizations like the American Red Cross, addressing critical societal needs such as blood shortages.
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Photo courtesy of Mesquite Fresh Street Mex
BUSINESS GIVES BACK
Strengthening communities through charitable giving.
For over 40 years, the Arizona Community Foundation has supported nonprofits and students across our state by mobilizing the collective passion and generosity of thousands of Arizonans.
When you are ready to take the next step in your personal charitable giving journey, we are here to help you achieve your goals.
Learn more | azfoundation.org | 602.381.1400
Bruce Weber is founder, president and CEO at Weber Group. Weber brings more than 25 years of experience to the for-profit and nonprofit community, working with startup, growth and mature organizations. His focus is on strengthening organizations through strategic planning, leadership and board development. He is a BoardSource Certified Governance trainer and a graduate of the Smith School of Business, University of Maryland, College Park. webergroupaz.com
Engagement and Belonging: Creating a Workplace Conducive to Success
Fundamental to driving sustained growth and innovation
by Bruce Weber
In today’s fast-paced and ever-evolving business environment, workplace engagement and a sense of belonging have emerged as critical components for organizational success. Companies that prioritize these elements often see improved performance, increased employee satisfaction and lower turnover rates. Building a workplace where employees feel engaged and connected not only enhances productivity but also fosters a culture of loyalty and innovation.
THE IMPORTANCE OF WORKPLACE ENGAGEMENT
Workplace engagement refers to the emotional commitment an employee has toward their organization and its goals. Engaged employees are more likely to be motivated, perform at higher levels and contribute positively to the workplace atmosphere. According to Gallup’s research, businesses with highly engaged workforces outperform their peers by 147% in earnings per share.
Several factors contribute to high levels of engagement:
Clear Communication: Employees need to understand their roles, the company’s vision and how their work contributes to broader objectives. Transparent communication from leadership helps build trust and alignment.
Recognition and Appreciation: Regular acknowledgment of employees’ efforts and achievements boosts morale and encourages continued high performance. Simple gestures, such as verbal praise or awards, can make a significant difference.
Opportunities for Growth: Providing employees with opportunities for professional development, such as training programs and career advancement paths, keeps them invested in their future with the company.
Work-Life Balance: Flexible working hours, remote work options and respecting personal time contribute to employee well-being and prevent burnout.
CREATING A SENSE OF BELONGING
While engagement is crucial, the feeling of belonging is equally important. Belonging is the sense that employees are accepted, valued and included in their work environment. When employees feel they belong, they are more likely to stay with the company and contribute fully.
Key strategies to foster a sense of belonging include the following:
Inclusive Culture: Promoting diversity and inclusion ensures that all employees feel respected and valued, regardless of their background or identity. This involves not just hiring diverse talent but also creating an environment where diverse voices are heard and considered!
Team Building: Encouraging collaboration through teambuilding activities and cross-departmental projects helps employees build relationships and feel more connected to their colleagues.
Open Feedback Channels: Establishing mechanisms for employees to provide feedback without fear of retribution helps them feel their opinions matter. Regular surveys, suggestion boxes and open-door policies can facilitate this.
Leadership Involvement: Leaders play a crucial role in fostering belonging by modeling inclusive behaviors, showing empathy and actively engaging with their teams.
BENEFITS OF AN ENGAGED AND INCLUSIVE WORKPLACE
An engaged workforce with a strong sense of belonging brings numerous advantages to an organization:
Increased Productivity: Engaged employees are more motivated and efficient, leading to higher output and better quality of work.
Enhanced Innovation: When employees feel valued and included, they are more likely to contribute creative ideas and solutions, driving innovation.
Lower Turnover Rates: A strong sense of belonging reduces turnover, saving the company costs associated with recruitment and training new hires.
Improved Employee Well-being: Employees who are engaged and feel they belong tend to have higher job satisfaction and better overall well-being, reducing absenteeism and healthcare costs.
IMPLEMENTING ENGAGEMENT AND BELONGING INITIATIVES
To effectively implement initiatives that promote engagement and belonging, organizations can take the following steps:
Conduct Assessments: Regularly assess the current levels of employee engagement and belonging through surveys and feedback sessions to identify areas for improvement. Many firms make assessments a part of monthly conversations rather than a formal process or survey. Those ad hoc discussions often contribute to some meaningful dialogue and ideation.
Develop Action Plans: Create targeted action plans based on assessment findings, focusing on specific areas such as communication, recognition, or diversity and inclusion.
Training and Development: Offer training programs for managers and employees on topics like leadership, communication and cultural competency to build a more inclusive workplace.
Monitor and Adjust: Continuously monitor the impact of initiatives and be ready to adjust strategies as needed to ensure they remain effective and relevant.
In conclusion, workplace engagement and belonging are fundamental to creating a successful organization. By investing in these areas, companies can build a dynamic and supportive work environment that not only attracts top talent but also drives sustained growth and innovation. As the business landscape continues to evolve, those organizations that prioritize the well-being and inclusion of their employees will be best positioned for long-term success.
“By focusing on culture, empowerment, benefits, communication, recognition, development, diversity, social responsibility, and fun, Warby Parker ensures its employees are engaged, motivated, and aligned with the company’s mission.” —Neil Blumenthal and Dave Gilboa, co-CEOs at Warby Parker
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Capacity FOR-PROFIT & NONPROFIT GROWTH
Retail Quandary: Returns
And how to make this problem easier to solve
by Marcus Shen
Retail growth has been on a roaring upswing since the dawn of e-commerce. The effect of which, as retail inventory experts know, is that each year e-commerce grows, the returns problem grows as well.
We saw the best example of this throughout the pandemic, as people were locked down at home; e-commerce marketplaces saw a boom in business as people turned away from bricks-and-mortar to online shopping. Along with it came yet more returns.
Before COVID, retail saw 3.5% growth in 2019, jumping up to 7.6% in 2020, and 14.4% in 2021, dropping back to 7% in 2022 as the worst effects of the pandemic waned. During that time, returns grew too; the more people shopped online, the more items they had to return. The rate of returns in 2019 stood at 8.1%, spiking to a high in 2022 of 16.5% of sales, or $816 billion.
As those figures drop from their pandemic highs, the shopping habit to order and send back remains elevated, costing retailers $743 billion in returned merchandise in 2023.
GROWING DEMAND FOR RETURNED GOODS
Unique factors are shaping consumer behavior as the economy and environment drive more everyday spending decisions in American households. Economic uncertainty is eroding consumer confidence as inflation drags on, prompting many to look for ways to save money. On top of this, climate change is shaping the situation, too, with a large contingent of shoppers seeking more sustainable options.
These latest trends in retail growth reveal the solution retailers and brands have long chased, made more attainable in an age when there is high consumer demand for returned merchandise — which is translating to higher business demand by buyers and sellers.
MAXIMIZING VALUE RECOVERY IN RETURNS
Retailers dealing with an influx of returns may find themselves hemorrhaging profits and paying more for warehouse storage. In order to recover maximum value, having a velocity-centric strategy, the moving of returned goods through their system quickly and efficiently, is at the core of success. The faster the item is put back on “store shelves,” the less value is lost. Keep in mind, some retailers may find it more cost-effective to offload returns to resellers rather than invest in inspecting, sorting and reshelving.
Here are a few ideas businesses may consider for an effective returns strategy:
Buyer Strategy: Establish relationships with high-volume buyers to ensure inventory is moving out of warehouses in as few as five days and have backup partners in mind to pivot in case there’s a change in an established relationship.
Returns Policies: Offset costs by implementing new return policies, but be mindful this can deter customers. Other
initiatives include making returns easier, like convenient dropoff locations and “keep it” refund policies.
Leverage Data: Analyze data to identify and track recurrent issues with returns, using insights to tackle issues at the product and point of purchase level, decreasing the chances of the same product being returned repeatedly for a simple, fixable reason.
Adopt Automation: Precise sorting and inspection of returned merchandise can be achieved with return processing systems, streamlining the decision-making process as to whether or not a product is suitable for resale or needs repairs.
Optimize Liquidation: Cut down on the time it takes to manually process and audit excess inventory. A liquidation strategy leveraging recommerce can mitigate the required time, quickly auditing what gets remarketed, donated, recycled, destroyed or liquidated.
Partner Up: Having a strong partner in reverse logistics, like B-Stock, can help in nearly all the above areas. An expert partner can empower a retailer to more quickly locate qualified secondary market buyers while also improving overall value recovery of returns and excess goods.
The bottom line is to move out returned goods at faster speeds so that inventory never piles up in the warehouse. Data and predictive analytics can help achieve a more proactive approach when planning, keeping inbound and outbound returns moving through the system quickly and efficiently.
As the problem of returns continues to impact retail, the good news is that the time is right as the demand for returned goods is growing, especially from business buyers/resellers who see the value in returns as quality inventory for their customers. There’s never been a better time for retailers to make sure their returns operations are optimized in a way that allows for the strongest value recovery possible.
The more people shopped online, the more items they had to return. The rate of returns in 2019 stood at 8.1%, spiking to a high in 2022 of 16.5% of sales, or $816 billion.
Marcus Shen is the CEO at B-Stock Solutions, the world’s largest B2B marketplace for excess merchandise. Boasting a skillset in SaaS, e-commerce, operations, SMB, private equity, M&A and corporate finance, Shen is leading the B-Stock team to build an innovative solution that leverages data and technology to re-imagine the traditional liquidation industry. This new approach is an effective way for businesses to recover some value from surplus inventory and free up warehouse space as well as increasing their recovery rates without the hassle of finding a buyer. bstock.com
43 INBUSINESSPHX.COM JUNE 2024
OUR SUBJECT IN-DEPTH
COMPLEX SOCIAL CHALLENGES FACING NONPROFITS
Organizations need to consider if it is prepared to address social topics arising from:
• A polarized American public
• Regional and global conflict (e.g., IsraelHamas war)
• Changing social influences (wokeness, gender identity, gun laws)
• Immigration/asylum concerns
• Free speech vs. public safety concerns
Knowing about today’s biggest hotbutton political and social issues can help prepare fundraisers for challenging conversations.
Honoring Differing Donor Mindsets amid Social Upheaval
You can’t make everyone happy … can you?
by Richard Tollefson
With today’s myriad social issues — political polarization, protests, diversity concerns — nonprofits are bound to face conflicting viewpoints from their constituents. Longstanding donors may bail while new donors may hop onboard. That kind of turbidity can present grave consequences to a nonprofit’s bottom line.
It’s a scenario San Diego’s Museum of Us knows well. In 2012, its mission began to shift. Historically a traditional, artifactbased anthropology museum focused on the ethnographic evolution of man, it wanted to change emphasis and examine themes across cultures and time, ones that impact humans even today (including beerology). Along with that came introspection about the museum’s role in the community and within the indigenous and worldwide native communities.
“A great deal of harm has been done to these communities, including the Kumeyaay Nation, upon whose unceded land our museum sits and whose artifacts we display,” says James Haddan, the museum’s senior director of development. “Those artifacts really don’t belong to us.” From those acknowledgments grew key decolonizing and anti-racism strategies within museum exhibits. In 2020, after decades of discussion, the radical decision also was made to change the name from San Diego Museum of Man to Museum of Us to reflect this evolving mission.
How does a nonprofit bring along its donors for such massive change, while helping them achieve their philanthropic goals in a way that doesn’t compromise the institution’s mission, vision and values?
Haddan says a lot is just basic stewardship. The museum kept constituents informed of mission shift, and during the name change — which coincided with the pandemic — they called, donor by donor, simply to check in. “We didn’t ask for money. We had conversations about their well-being and, later, about publicly announcing a name change and how they felt about it.”
In cases where donors only partially align with a hot-button social issue the nonprofit supports, it’s important to allow them to designate money in ways that do align with other shared institutional goals.
To deal with donor misalignment, David Vásquez-Levy, president of Pacific School of Religion in California, created a separate 501(c)3 — an independent organization, but still affiliated with the school — to raise funds for its Center for LGBTQ and Gender Studies in Religion.
“Most universities began as seminaries as alternative paths to leadership,” says Vásquez -Levy. “Our institution has always sought to create diverse leaders within the context of religion and Christianity.” Even with his school’s historic emphasis on diversity, he acknowledges that the strongest arguments against inclusion often come from religious institutions. The separate fundraising arm bridged that donor divide.
Donor dissent can arise from complex social issues, and Haddan reminds nonprofits that it takes time to educate donors new and old about social priorities. “That’s hard when you’re a fundraiser because some years, you’re like, ‘I don’t have time. We need the funding now.’”
Richard Tollefson is founder and president of The Phoenix Philanthropy Group, an Arizona-based international consulting firm serving nonprofit organizations as well as institutional and individual philanthropists. phoenixphilanthropy.com
What’s more, the museum allowed donors to mourn the old name, using transition branding over time that crossed out Man and inserted Us above it. The nonprofit also “blessed and released” those uncomfortable with the transition from a cultural anthropological-holdings museum to a less formal and more welcoming, accessible and inclusive museum. “We let them know we appreciated their support over the years, that we valued what they’d done for the institution.”
ADJUST AND EVOLVE
The key to fundraising in a complex social era: First and foremost, give donors the benefit of the doubt. Allow them to evolve alongside the nonprofit. Never assume donors don’t want to learn, aren’t curious, or are incapable of change. Doing so can mean turning away people with a great deal of money and with a demonstrated interest and history of supporting the institution.
In those cases of complete donor-institutional mission misalignment, nonprofits may sometimes need to say no to a monetary investment or involvement that strays too far from the nonprofit’s values. When introducing socially heated areas in need of support, Haddan recommends seeking federal grants and funds to fill the financial gaps and shield from potential fallout.
CREATE THRIVING NONPROFIT COMMUNITIES
The greatest tool for nonprofits in addressing tumultuous social change, says Devorah Lieberman, past president of California’s University of La Verne, is to create a thriving community within the institution. “A thriving community has, at its core, a sense of belonging for every community member.”
Those types of community ecosystems allow for the effective management of social crises because, within them, employees and leaders feel safe from physical violence; have emotional and mental health support; can communicate successfully across lines of difference; and hear regularly from their leaders about the nonprofit’s vision, values and priorities. That safety extends to donors who embrace the community and invest in an evolving mission.
Many nonprofits have used the Federal Plan for Equitable Long-Term Recovery and Resilience to address social change in their organizations, which leverages the Seven Vital Conditions for Health and Well-Being, a blueprint curated by The Institute for People, Place, and Possibility at the online resource, Community Commons.
44 INBUSINESSPHX.COM JUNE 2024
INVESTING IN COMMUNITY
2024 BMW Electric i7
Refined, elegant and impossible to ignore — the BMW i7 impresses. All the luxury and performance one expects from BMW is encapsulated in the i7. The interior is designed down to every detail, from glass controls to the Panoramic Sky Lounge LED Roof. Powerfully luxurious and electrically driven, this sophisticated sedan elevates and inspires, with ranges from 301 to 321 miles per battery charge in the BMW i7 eDrive50 and from 298 to 317 in the BMW i7 xDrive60.
The modern BMW Curved Display spans the dashboard, featuring an Interaction Bar made of sleek, faceted glass. Exquisitely crafted standard glass controls engage the driver’s sense of touch on every ride.
The available Panoramic Sky Lounge LED Roof comes equipped with spectacular light intensity, customizable colors
and an illuminated graphic design. A stunning range of ambient light moods via dynamic LED control let drivers paint their i7 with light as they see fit. Available Crystal Headlights elevate the front of the i7 further, making a true luxury statement with a sharp, modern twist.
With rear seating clad in standard Merino Leather and a 31-inch BMW Theater Screen, drivers will feel enveloped by their own private lounge. Both front and rear seating offer ventilation, heat and massage.
Mobile phone becomes command center via the standard My BMW App. Unlock and lock, precondition, and check charging and range status can all be done at the touch of a button. Drivers can also search for available charging stations along their route.
BMW Charging — a comprehensive charging program for BMW electrified vehicles — offers tailored solutions for both home and public charging. With the My BMW App, drivers can access the six largest public charging networks, including Electrify America’s vast DC Fast Charging network and the nationwide networks of Shell Recharge, EVgo, ChargePoint, Blink and EV Connect, with no need for multiple charging apps or contracts. —Mike Hunter
BMW bmwusa.com
Charcuterie Creations Elevate Business Events
Charcuterie boards have become the staple of many gatherings. Spring 2024 marks the fourth year for my small business, Sap N Honey Charcuterie Boards. Despite the challenges faced during the COVID epidemic, Sap N Honey’s launch in February 2020 was successful. Local businesses purchased charcuterie for remote meetings. It was evident charcuterie was a great way to bring people together.
As a former teacher and now full-time business owner, I am dedicated to bringing quality, elegance and deliciousness to each creation. I made the bittersweet decision to leave my 22-year career as an elementary school teacher when I realized charcuterie was no longer a side gig.
My elevated charcuterie boards are curated with mindful personal touches that are sure to be the talk of the event. Sap n Honey Charcuterie Boards provides a menu suitable for any occasion, offering customizable charcuterie boards, artisanal sandwiches, crudites and fruit boards, as well as dessert boards.
Grazing tables are the real showstoppers — filled with a variety of flavors, colors and textures, it is the perfect art piece for any event.
And, always looking for a novelty idea or product, I just launched a fun, takeanywhere High Tea concept. The package includes an elegant loose tea box; tea sandwiches; scones; and small, sweet bites. —Sonia Nahabedian, founder and owner of Sap N Honey Charcuterie Boards (www.sapandhoneyboards.com)
2024 BMW ELECTRIC I7 MSRP: $105,700
EPA Range: 274-321 miles
10 min of DC fast charging: 78–91 miles
Max Horsepower: 449
0–60 mph: 5.3 sec
45 INBUSINESSPHX.COM JUNE 2024
DON’T
Get a year
Business Magazine Subscribe now at inbusinessphx.com Sport by Design The available M Sport Package infuses pure sport into the drive. It includes M Sport Suspension, the exclusive M Sport Steering Wheel and more. Drivers can expand their horizons even more with the available M Sport Professional Package, featuring extended Shadowline trim, rear spoiler and M Sport Brakes. Photos courtesy of BMW (top), Sap N Honey Charcuterie Boards (bottom)
MISS OUT!
of In
WE VALUE WHAT WE OWN
INGO’S CHORIZO BURRITO
Whole wheat tortilla, egg, house-made beef chorizo, avocado, cheddar cheese and potatoes, served with lacto-fermented hot sauce
$13.50
DT’S TURKEY CLUB
Oven roasted and sliced in-house, multigrain Noble bread, Mama Lil’s aioli, bacon, white cheddar, avocado and arugula
$15
BISTRO STEAK SALAD
Bistro filet, gremolata pan sauce, mixed greens, Mama Lil’s peppers, Laurel Chanel goat cheese and house vinaigrette
$16
Ingo’s Tasty Food: All-Day Fresh Breakfast, Lunch & Dinner
by RaeAnne Marsh
Ingo’s newest location in Scottsdale is a delightful study in opposites: small store with a feeling of wide-open spaces; short menu that’s big on variety. And an overriding sensation of freshness in the dishes and the ambience. “Today’s guest deserves today’s food,” HiNoon Hospitality’s vice president of operations Jaison Sokolow shares the mantra that defines Ingo’s concept.
Breakfast selections range from daily fresh-baked pastries to a granola and yogurt bowl to the Troubadour Egg Sandwich with an egg, arugula, baby Swiss cheese and avocado in an English muffin — which many may find more of a knife-and-fork entrée than a fist-gripped sandwich. The Troubadour is served with Ingo’s signature lacto-fermented hot sauce (worth a visit in its own right) — a green chile hot sauce specially fermented for 10 days that bursts with flavor and a tempered heat.
Another choice for breakfast (or whenever) is Ingo’s Chorizo Burrito, made with an egg, spicy house-made chorizo, avocado, cheddar cheese and potatoes wrapped in a whole wheat tortilla and served with the lacto-fermented hot sauce.
HiNoon Hospitality is the parent company of Buck & Rider seafood restaurants and Ingo’s Tasty Food. hinoonhospitality.com
Among the menu’s variety of salads, variety of burgers and variety of other sandwiches is the White Fish Club, a brioche bun holding sustainably caught Mediterranean Loup de Mer with a light crisp coating, lettuce, tomato and pickle and served with tartar sauce.
Drink choices almost dwarf the food menu, including wines, beers and cocktails along with espresso drinks and signature coffees as well as tea, lemonade and cane-sugar soft drinks.
The architecture could be described as “restaurant-in-theround,” as its design of all curves and no corners creates an experience of never-ending flow. The building’s interior dining area is all windows, and the patio wraps fully around the dining area. Bordered with greenery — and, in the center of the patio, a live tree growing u to (and, eventually, through) the open skylight in the roof above it — it’s an oasis from the bustle of the shopping center where it sits within waving distance of its sister concept, Buck & Rider.
Ingo’s Tasty Food
7087 E. Mayo Blvd., Phoenix • (480) 863-8850
4502 N. 40th St., Phoenix • (602) 795-2884
101 E. Washington St., Phoenix • (602) 825-3000 ingostastyfood.com
46 INBUSINESSPHX.COM JUNE 2024
Photos courtesy of Ingo’s Tasty Food
MEALS THAT MATTER
About ASBA
The Arizona Small Business Association (ASBA), celebrating its 50th year, is a nonprofit 501(c)(6) membership organization that serves as the nonpartisan advocate and resource-hub for all Arizona small businesses. What started as a small group of businessmen who organized to combine resources has grown into one of the largest trade associations, serving businesses from all corners of the state.
Today, ASBA is a passionate supporter and representative of the diverse businesses who make up our membership. Dedicated to delivering innovative entrepreneurs the resources required to grow and thrive in an ever-changing marketplace, ASBA offers relevant education, mentoring, networking, advocacy programs, and member benefits that equip your business with all the tools to succeed. Regardless of your business size or industry, whether you have one employee or 500 employees, operate in retail or technology or any trade inbetween, an ASBA membership means your voice is heard and your best interests are protected.
Find ASBA on:
Facebook: @AZSmallBIZ
Twitter: @asba
Facebook: @azsmallbiz
LinkedIn: @Arizona Small Business Association - ASBA
Instagram: @azsmallbiz
Central Arizona
11811 N. Tatum Blvd., Suite P-195 Phoenix, AZ 85028
p. 602.306.4000
www.asba.com
© 2023 ASBA. A publication of the Arizona Small Business Association. For more information or to join ASBA, please contact us at www.asba.com. Section designed by the Arizona Small Business Association.
Raise Your Level of Excellence
by Gordon J. Parkman
Achieving success in life, business, sports, et cetera is about mastering excellence. Success is about commitment, persistence, skill, confidence and execution. Vince Lombardi was quoted as saying, “The quality of a person’s life is in direct proportion to their commitment to excellence, regardless of their chosen field or endeavor.” So, no matter what your chosen field or endeavor, the question becomes: How do you master excellence?
In my experience, there are three key ingredients that, when embraced, create the foundation for mastering excellence.
1. Having the right attitude. Having the right attitude is a decision you need to make every day. Your attitude affects not only you but also the people around you. There are two ways you can look at virtually everything in your life. A pessimist looks for the difficulty in the opportunity, and the optimist looks for opportunity in difficulty. Frederick Langbridge reinforces the different views of an optimist and a pessimist in the following quote, “Two men look out the same prison bars; one sees mud and the other stars.”
Your attitude affects your body language and your behavior. Folks with the right attitude often appear strong, confident and happy. Folks with a more pessimistic view often appear haggard, unhappy and stressed. Having the right attitude gives you energy, and that energy is very contagious — being optimistic fuels better health. Even when the world around you seems to be challenging or crumbling, having the right attitude will reaffirm that you have what is necessary to face any challenge and create the right outcome for yourself. Your attitude has a direct correlation to your ability to
master excellence in whatever you choose to pursue. There really is only one right option — embrace the right attitude.
2. Being goal oriented. Know what you want, why you want it, and define how to achieve it. Defining personal and professional goals will create a road map for your success. It is not enough to have a dream. In order to have a dream become a reality there needs to be a goal with defined action steps. Action is what makes things happen, and being goal oriented is an empowering process. As you achieve things from your list, you start to feel an energy building that will very quickly snowball. The more you start to achieve by being goal oriented, the more you want to achieve, and the more you know you can achieve.
3. The devil is in the details. Attention to detail is critical to mastering excellence, and it will make you stand out in comparison to others. Attention to detail means nothing goes unnoticed. It is paying attention to how you dress, how you behave, how you communicate, how you carry yourself, how you take care of your surroundings, how quickly and efficiently you follow up, and how you treat others. Make every detail meaningful and reap the rewards of success.
You have the ability to be excellent at whatever you pursue or endeavor, and being excellent is a choice that is 100% within your control. Decide today to raise your level of success by having the right attitude, by being goal oriented, and by paying attention to every detail.
Excellence and success go hand in hand!
Gordon J. Parkman is president of Achieve Results Consulting, LLC (achieveresultsconsulting.com/web).
1
New Marketing Insights: Leveraging In-Person Events and Emerging Trends for Small Business Growth
by Chelsea Koback
In an ever-evolving marketplace, small businesses must stay abreast of new marketing strategies to remain competitive and relevant. One effective approach that has stood the test of time, despite the rise of digital marketing, is the power of in-person events. Coupled with emerging marketing trends, these strategies can create a robust platform for business growth and community engagement.
The Revival of Monday Mingles
“Monday Mingles” is our signature monthly event, hosted by No Boundaries Marketing Group every third Monday at the AZ Techcelerator in Surprise, Arizona, starting at 5:30 p.m. This gathering brings together business professionals to network, share ideas and foster relationships. In the post-pandemic landscape, the craving for real, face-to-face interactions over digital ones has led to a significant revival of these events. For small businesses, networking events like “Monday Mingles” offer a prime opportunity to not only showcase products and services but also to connect with potential partners and customers in a meaningful way.
The Impact of In-Person Events on Small Business
In-person events offer a sensory richness that virtual platforms simply can’t match. Whether it’s the opportunity to see, touch and sometimes taste products, or immediate interaction with service providers, these experiences can greatly enhance customer engagement and loyalty for all small businesses. From local fairs and trade shows to seminars and networking events, these gatherings provide a unique platform for both product-based and service-based businesses to share their stories, demonstrate their values, and directly shape consumer perceptions. Moreover, these events can amplify local visibility and foster community support, which is crucial for small businesses. By engaging directly with the community, small businesses create a network of advocates who are more likely to support them through word-of-mouth referrals and repeat business.
Emerging Marketing Trends
As we look to the future, several key trends are poised to shape marketing strategies:
• Personalization at Scale: Advances in AI and data analytics allow businesses to offer personalized experiences to a broad audience. This means being able to tailor marketing messages and offers based on individual customer preferences and behaviors, enhancing engagement and conversion rates.
• Sustainability as a Selling Point: Increasingly, consumers are aligning their purchases with their values, particularly around
sustainability. Small businesses that highlight sustainable practices and eco-friendly products can differentiate themselves and attract a loyal customer base.
• Video Content Dominance: Video continues to be a powerful tool for engagement. Platforms like TikTok and Instagram Reels offer significant opportunities for creative, low-cost marketing that can virally spread brand awareness.
• Interactive Content: Quizzes, polls and interactive videos are becoming more popular as they encourage user interaction and increase time spent engaging with content. This can lead to higher conversion rates and more profound brand loyalty.
• Voice Search Optimization: With the rise of smart speakers and voice-activated devices, optimizing for voice search is becoming increasingly important. Businesses need to adapt their SEO strategies to include conversational keywords and questionbased queries.
In conclusion, leveraging both traditional and innovative marketing strategies can substantially benefit small businesses. Events like “Monday Mingles” provide a personal touch that digital interactions often lack, enhancing customer relationships and business networking opportunities. By embracing these in-person gatherings alongside the latest marketing trends, businesses can create a comprehensive strategy that promotes growth, visibility and customer loyalty in today’s competitive marketplace.
Chelsea Koback is the client relations manager at No Boundaries Marketing (noboundaries.marketing).
2
Unleashing Small Business Potential: The Transformative Power of AI
by Dominique Pachuilo
In the dynamic landscape of small businesses, efficiency is paramount. In this pursuit, Artificial Intelligence emerges as a beacon of innovation, offering small businesses the means to streamline operations and drive growth. While off-the-shelf AI solutions provide a solid foundation, bespoke AI tools tailored to specific business needs can truly propel businesses forward.
One of the most compelling aspects of AI for small businesses is its capacity to automate repetitive tasks. Off-the-shelf AI solutions offer pre-packaged automation capabilities, enabling businesses to streamline processes such as data entry, customer support and inventory management. However, the true potential lies in customized AI models, crafted to fit the unique workflows and requirements of each business. These bespoke solutions not only automate tasks but also optimize processes with precision, saving time and resources while minimizing errors.
Beyond automation, AI empowers small businesses to glean actionable insights from their data. Off-the-shelf analytics tools provide basic reporting and analysis functionalities, allowing businesses to make sense of their data to some extent. Yet, custom AI models elevate data analysis to a new level, uncovering hidden patterns, trends and correlations that drive informed decisionmaking. With bespoke AI solutions, businesses can unlock the full potential of their data, gaining a competitive edge through strategic insights tailored to their specific objectives.
Moreover, AI revolutionizes customer engagement for small businesses. Off-the-shelf AI-powered customer relationship management systems offer standardized features for managing interactions and relationships with customers. However, personalized customer experiences are the hallmark of success
in today’s market. Custom AI models enable businesses to go beyond cookie-cutter approaches, delivering hyper-personalized recommendations, targeted marketing campaigns and proactive support. By understanding individual preferences and behavior, businesses can cultivate strong customer relationships that drive loyalty and retention.
In addition to enhancing customer engagement, AI optimizes operational efficiency for small businesses. Off-the-shelf AI solutions provide optimization tools for tasks such as supply chain management, resource allocation and production scheduling. While these tools offer significant benefits, bespoke AI models deliver tailored solutions that address the specific challenges faced by each business. Whether it’s predicting demand, optimizing logistics or fine-tuning production processes, custom AI solutions drive efficiency gains that directly impact the bottom line.
While off-the-shelf AI solutions provide a solid foundation for small businesses seeking efficiency gains, bespoke AI tools offer unparalleled opportunities for customization and optimization. By partnering with AI experts like Goodfinder, small businesses can embark on a transformative journey toward tailored AI solutions that unlock their full potential. With customized AI models designed to fit their unique needs, small businesses can not only compete but thrive in today’s competitive landscape, leveraging AI as a strategic advantage for sustainable growth and success.
If you’re interested in learning more about AI for your business, you can contact Goodfinder at www.linkedin.com/company/goodfinder
Dominique Pachuilo is the founder of Goodfinder.
3
Boost Your Dispute Resolution Process: Smart Tips for Drafting Arbitration Clauses
by Svetlana Gitman
Small businesses often enter into contracts with other commercial parties that include an arbitration clause because arbitration offers speed, efficiency, confidentiality, flexibility and finality to resolve disputes and preserve client relationships. An arbitration clause typically specifies that a dispute arising from the contract will be resolved through binding arbitration rather than litigation in court. Drafting an effective arbitration clause, however, can be challenging, especially for businesses that may not have extensive legal resources. But there are solutions for businesses drafting their own clauses.
The American Arbitration Association-International Centre for Dispute Resolution (AAA-ICDR), a 501(c)(3) nonprofit organization and the largest provider of dispute resolution services in the world, offers clause-drafting guidance to small businesses.
• Be clear and specific. The arbitration clause should clearly state: 1) the type of disputes covered, 2) the rules and procedures to be followed — especially when it comes to selecting the arbitrator(s), 3) where the arbitration should take place, and 4) the governing law. It is essential to be as specific as possible to avoid confusion and disputes later. Fights over ambiguities in a clause can end up in court, the very place you wanted to avoid by including an arbitration clause in your contract.
• Consider the cost. While arbitration usually is significantly cheaper than litigation, it can become an expensive process if the clause is not tailored to your business needs. For example, you can opt to have the dispute decided by one arbitrator rather than a panel of three. Based on data collected by the AAA-ICDR, three arbitrators can cost five or six times more than a single arbitrator,
and the case will take several months longer to conclude.
• Use a model clause. Small businesses can use a model clause as a starting point for drafting their arbitration clause. One great place to start is by visiting www.clausebuilder.org — a free tool created by the AAA-ICDR that allows users to construct arbitration clauses based on their specific needs.
• Consider naming an administrator. Administered arbitration is when an arbitration provider like the AAA manages the arbitration process; “ad hoc” arbitration is when the parties themselves or their selected arbitrator manages the arbitration. Administered arbitration provides several benefits that ad hoc arbitration cannot. First, administered arbitration offers structure and clarity when the arbitration clause is silent or ambiguous on an issue. For example, parties likely will end up in court if their arbitration clause does not say how an arbitrator should be selected and the parties cannot agree on the process. If the parties’ clause provides for an administrator, however, the administrator’s rules will apply as a default, avoiding court intervention and keeping the case moving forward.
In sum, small businesses should take the time to draft effective, tailored arbitration clauses that are clear and specific and keep costs manageable. Those with limited legal resources should take advantage of helpful tools like www.clausebuilder.org to ensure their arbitration clause provides an efficient resolution process for any disputes that may arise from their contracts.
For more information, please contact Svetlana Gitman, division vice president for AAA-ICDR Commercial Division, at adr.org
4
Safety from the Workplace to Anyplace: How the Arizona Chapter National Safety Council Supports Small Businesses
by Laura Hahnefeld
For small businesses navigating the daily challenges of safety in the workplace, the Arizona Chapter National Safety Council is a powerful partner. This mission-driven organization goes beyond compliance, striving to instill a culture of safety that safeguards everyone — both employees and customers — from preventable injuries and deaths. By partnering with ACNSC, companies integrate essential safety practices into their operations, creating safer, more productive workplaces.
Tailored Safety Solutions
For small business owners, finding safety solutions that truly match the individuality of their operations can often be difficult. Rick Murray, ACNSC’s CEO and president, emphasizes the broader impact of workplace safety, stating, “The value of safety in small business goes well beyond human capital. Studies have shown businesses with a defined safety program are more profitable because employees feel safe and valued.” The ACNSC recognizes this challenge and gives companies resources that workers can actually use when faced with risk. Here’s how:
• Consulting Services: ACNSC experts are ready to visit your site to offer hands-on assistance customized to the unique needs of your business.
• Comprehensive Training Programs: ACNSC’s training initiatives encompass best practices for injury prevention. Courses include occupational first aid/CPR (which covers naloxone administration), driver education, OSHA-authorized training, and safety leadership programs aimed at driving fundamental safety change throughout an organization.
• Membership Benefits: Being part of the ACNSC means more than just participating in programs. Members receive discounts on training, access to tools and resources, and networking opportunities with like-minded safety professionals.
Exclusive Offering for ASBA Members
Thanks to ACNSC’s partnership with the Arizona Small Business Association, all ASBA members can take advantage of exclusive member-only pricing on ACNSC courses such as first aid/CPR, defensive driving and comprehensive workplace safety training.
If you’re ready to elevate your business’s safety standards and ensure a healthier, more secure working environment, reach out to John Carvalho at acnsc.org
For more detailed information about the services and benefits available, visit acnsc.org Embrace this opportunity to safeguard your business and join a network of professionals who are equally committed to creating safe, productive workspaces across Arizona.
Laura Hahnefeld is the director of Marketing & Communications at Arizona Chapter National Safety Council.
ASBA STAFF
Debbie Hann Interim Chief Executive Officer
Robin Duncan Senior Vice President Business Development
Emma Lenihan Vice President of Programs
Katherine Dunphy Senior Marketing Manager
Hannah White Programs Manager
Ryan Dixon Business Relations Manager
BOARD OF DIRECTORS
Genia Kehayes | Board Chair Experience Scottsdale
Frank L. Divers | Vice Chair Business Development Specialists, Inc.
John Lewis | Treasurer National Bank of Arizona
Sandra Barton | Secretary Alliance Bank of Arizona
Rick Murray | Member-at-Large Arizona Chapter National Safety Council
Eric Knott | Former Board Chair Arizona State University, W. P. Carey School of Business; FinePoint HR
John Tucker | Board Development Salt River Project (SRP)
Patrick J. Van Zanen Sacks Tierney P.A.
Brian King Kenway Consulting
Jerry Bustamante Hudbay Minerals
Darius Green Keyser
Jim Rounds Rounds Consulting Group
James Chakires Apex CPAs & Consultants, Inc
Tom Barrett Verus Analytics
J. Randle House Metier Pharmacy Co.
5
FTC Final Rule Prohibits EmployerWorker Non-Compete Agreements
by Shar Bahmani
The recent announcement by the Federal Trade Commission regarding the prohibition of non-compete agreements between employers and workers nationwide marks a significant shift in employment law. This final rule issued by the FTC on April 23, 2024, aims to safeguard workers’ rights and foster worker mobility across the United States.
Traditionally, the legality and enforceability of non-compete agreements have been governed by state laws. However, many states have already taken steps to limit the scope of these agreements, recognizing their potential to hinder workers’ mobility and restrict job opportunities. With the issuance of this new federal rule, the FTC extends this protection to workers nationwide, effectively banning the enforcement of non-compete agreements that prevent employees from pursuing new job opportunities or starting their own businesses.
The FTC’s press release describes its rationale behind the final rule as follows:
“Noncompetes are a widespread and often exploitative practice imposing contractual conditions that prevent workers from taking a new job or starting a new business. Noncompetes often force workers to either stay in a job they want to leave or bear other significant harms and costs, such as being forced to switch to a lower-paying field, being forced to relocate, being forced to leave the workforce altogether, or being forced to defend against expensive litigation. An estimated 30 million workers — nearly one in five Americans — are subject to a noncompete.”
It’s important to note that while the FTC’s rule targets noncompete agreements specifically, it does not affect other types of employment agreements, such as non-solicitation and confidentiality agreements, which remain valid under existing laws. Employers are advised to review their current agreements and ensure compliance
with the new rule to avoid potential legal challenges.
The current effective date for the FTC’s rule is 120 days after publication in the Federal Reister. Despite the FTC’s efforts to implement the rule expeditiously, its full implementation may face legal hurdles and delays. Employers should stay informed about any developments and seek legal guidance to navigate these changes effectively.
If — and when — the rule becomes effective, employers have notice obligations to workers currently under non-compete agreement. The FTC’s rule would have retroactive effect to voiding existing non-competes with respect to workers who are not senior executives. Non-compete agreements with senior executives remain enforceable only if they were entered into before the effective date of the FTC rule. The FTC rule additionally creates an exception for non-competes entered into in connection with the sale or purchase of a business (as the sale or purchase of a business is defined under the FTC rule).
Furthermore, certain industries, such as banks and common carriers, may be exempt from the rule’s provisions. Employers operating in these sectors should assess their status and obligations under the FTC Act accordingly.
Overall, the FTC’s decision to prohibit non-compete agreements represents a significant attempt to protect workers’ rights and eliminate barriers towards worker mobility. By removing barriers to job mobility and entrepreneurship, the FTC aims to create opportunities for workers to thrive and contribute to economic growth and innovation.
Shar Bahmani is an attorney at Sacks Tierney. If you have additional questions regarding the enforceability of non-compete agreements or employment matters, please contact him at www.sackstierney.com
6
A BUSINESS OWNER’S RESOURCE TO LEGAL SERVICES See more online inbusinessphx.com/legalguide 2024 Top Firms Profiled: Protecting your business is their business SPOTLIGHTING Burch & Cracchiolo Guidant Law Firm Lewis Roca Quarles & Brady Snell & Wilmer Spencer Fane Ti any & Bosco Wilenchik & Bartness Withey Morris
Specialized Legal Expertise Serves Our Business Community
Optimizing business ins, outs and opportunities
by RaeAnne Marsh
Doing things right at the outset can save time and money down the road. This truism is especially relevant in business. Working with an attorney to ensure a business is on the right track, in compliance and negotiating with protection in mind is why working with an attorney is so beneficial. It is also why In Business Magazine has compiled this Legal Guide to showcase local firms who strongly support the business community and offer their specialized practice areas, to help business owners make decisions on what firm to use locally.
There are many ways a business could get off on the wrong foot without proper advice. A common problem, alluded to in many of the monthly “Legal” articles in In Business Magazine, is businesses taking a DIY approach thinking it will save them money. This often backfires, making things more complicated — and, thus, more costly — when they later do get an attorney involved.
It’s not just a matter of knowing how to deal with certain matters; there may be requirements or implications of which the business owner is unaware. As the saying goes, “Most new business owners don’t know what they don’t know.”
For instance, perhaps a business has been approached by another regarding a transaction. The owner may try to reach agreement on the business terms before getting an attorney involved, and then just ask the attorney to write it up. Law relies heavily on precedent, and there may be implications
and ramifications to certain terms the business owner may be unaware of — this on top of the potential for missed opportunities for the business.
When exiting a business, as well, there are many factors to be considered that an owner may not have dealt with. These include tax ramifications, transfer of intellectual property rights, and how to structure proceeds to be most beneficial for future income. And there may be regulatory requirements such as getting permission from the Federal Trade Commission if the sale exceeds a certain threshold; if the company is in breach or violation of that law, the transaction could be revoked — or fines and penalties could be assessed.
It should be emphasized that, while law does rely heavily on precedent, change does occur — through new regulations, new court decisions and even through public outcry. That’s where knowledgeable representation can make a big difference.
What an attorney brings to businesses, then, is a view to avoid both pitfalls and missed opportunity. This In Business Magazine 2024 Legal Guide has been created to help businesses connect with the appropriate resources for their needs and to be a reference should a specific expertise be needed.
About This Section
HOW TO CHOOSE A LAWYER
• The State Bar Association of Arizona’s website offers these valuable tips:
• Get recommendations from friends and family members who have had positive experiences with lawyers.
• Search for lawyers by practice area or location at the State Bar’s online Find a Lawyer feature on its homepage.
• Visit the lawyer’s website; see if they will answer some basic questions before you commit to meeting with them. Ask about their experience in handling your particular issues, and their availability to take client phone calls and respond to emails. Some lawyers insist that clients make appointments and will not answer client calls and emails. You will want someone who is accessible when you need them.
• Consult a list of Certified Legal Specialists. The State Bar can provide a list of specialists in the areas of Bankruptcy, Criminal, Estate and Trust, Family Law, Injury and Wrongful Death, Real Estate, Tax and Workers’ Compensation. There are also lawyer referral services, which, for a small fee, will help in finding a lawyer.
State Bar of Arizona azbar.org
In Business Magazine is proud to connect the legal community with businesses throughout the Valley with this annual Legal Guide. The law firms included in this guide are firms that are familiar to In Business Magazine, have reputable practice areas specific to business and support the business community in several ways. We have included profiles of our supporting firms, providing even more information of their services and top attorneys. Please visit inbusinessphx.com/legalguide to get a more detailed list of attorneys with these firms and to search by practice areas.
55 INBUSINESSPHX.COM JUNE 2024
State Bar of Arizona azbar.org
Legal Services Guide A BUSINESS OWNER’S RESOURCE TO LEGAL SERVICES more inbusinessphx.com/legalguide 2023 Top Firms Profiled: Protecting your business is their business SPOTLIGHTING Burch Cracchiolo Guidant Law Lewis Quarles & Brady & Wilmer Spencer Fane Tiffany & Bosco Wilenchik & Bartness Withey Morris
Ballard Spahr L.L.P.
One E. Washington St., Suite 2300 Phoenix, AZ 85004 (602) 798-5400
ballardspahr.com
Business & Finance, Intellectual Property, Litigation, Public Finance, Real Estate
Bowman and Brooke L.L.P.
2901 N. Central Ave., Suite 1600 Phoenix, AZ 85012 (602) 643-2300
bowmanandbrooke.com
Product Liability, Commercial Litigation, Healthcare & Nursing Home Negligence, Alternative Dispute Resolution, Class Actions
Bryan Cave L.L.P.
One Renaissance Square
Two N. Central Ave., Suite 2100 Phoenix, AZ 85004 (602) 364-7000
bryancave.com
Bankruptcy, Business & Commercial Litigation, IP, International Trade, Real Estate, Labor
Buchalter Nemer
16435 N. Scottsdale Rd., Suite 440 Scottsdale, AZ 85254 (480) 383-1800
buchalter.com
Real Estate, Litigation, Corporate, Tax & Estate Planning, Labor & Employment, Bank & Finance, Healthcare.
Burch & Cracchiolo, P.A.
1850 N. Central Ave., Suite 1700 Phoenix, AZ 85004 (602) 274-7611
bcattorneys.com
Business & Corporate Law, Commercial Litigation, Construction, Bankruptcy & Receiverships, Estate Planning and Wealth Preservation, Family Law, Insurance Defense / Personal Injury Litigation, Labor & Employment, Land Use and Zoning, Liquor Licensing, Real Estate, Tax and Tax Controversy
Carpenter, Hazlewood, Delgado & Bolen P.L.C.
1400 E. Southern Ave., Suite 400 Tempe, AZ 85282 (480) 427-2800
carpenterhazlewood.com
Community Association Representation, Construction Defect Litigation, Insurance Defense, Churches & Nonprofits, Business, Employment Law, Bankruptcy & Reorganization, Landlord/Tenant, Real Estate, Civil Litigation, Criminal Defense
The Cavanagh Law Firm
1850 N. Central Ave., Suite 2400 Phoenix, AZ 85004 (602) 322-4000
cavanaghlaw.com
Litigation, Family, Real Estate, Insurance Defense, Bankruptcy & Creditors’ Rights, Healthcare, Corporate
Clark Hill
3200 N. Central Ave., Suite 1600 Phoenix, AZ 85012
(602( 440-4800
clarkhill.com
Litigation, Corporate, Healthcare, Real Estate, Creditors’ Rights, Bank & Finance, Family, Immigration
Coppersmith Brockelman P.L.C.
2800 N. Central Ave., Suite 1900
Phoenix, AZ 85004 (602) 224-0999
cblawyers.com
Healthcare, Employment, Litigation, Corporate & Real Estate, Governmental Investigations
DLA Piper
2525 E. Camelback Rd., Suite 1000 Phoenix, AZ 85016 (480) 606-5100
dlapiper.com
Corporate, Employment, Tax, Litigation, International Arbitration, Real Estate
Davis Miles McGuire
Gardner P.L.L.C.
40 E. Rio Salado Pkwy., Suite 425
Tempe, AZ 85281 (480) 733-6800
davismiles.com
Commercial Litigation, Real Estate, Tax, Corporate, Mergers & Acquisitions, Corporate Bankruptcy
Dickinson Wright P.L.L.C.
1850 N. Central Ave., Suite 1400 Phoenix, AZ 85004 (602) 285-5000
dickinson-wright.com
Alternative Dispute Resolution, Bankruptcy, Commercial Litigation, Employment, Family Law, Tax, International
Engelman Berger P.C.
2800 N Central Ave., Suite 1200 Phoenix, AZ 85004 (602) 271-9090
eblawyers.com
Business Disputes, Real Estate Disputes, Bankruptcy, Reorganization, Creditors’ Rights, Business Transactions, Real Estate Transactions, Water Law, Loan Workouts, Mediation, Public Finance, Bonds, Employment
Fennemore Craig P.C.
2394 E. Camelback Rd., Suite 600 Phoenix, AZ 85016 (602) 916-5000
fennemorelaw.com
Blockchain & Cryptocurrency, Business & Finance, Business Litigation, Emerging Businesses & Technologies, Intellectual Property & IP Litigation, Real Estate, Renewable Energy & Clean Tech, Mining and Environmental, Energy & Natural Resources
Gallagher & Kennedy P.A.
2575 E. Camelback Rd., Suite 1100 Phoenix, AZ 85016 (602) 530-8000
gknet.com
Business Law & Transactions, Litigation, Real Estate, Tax Law, Environmental, Insurance, Healthcare, Sports Law
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Legal Services Guide
Gammage & Burnham P.L.C.
40 N. Central Ave., Suite 1200
Phoenix, AZ 85004 (602) 256-0566
gblaw.com
Business Organizations & Commercial Transactions, Collections & Bankruptcy, Health Care, Litigation, Real Estate, Zoning & Land Use
Gordon Rees Scully Mansukhani, L.L.P.
2 N. Central Ave., Suite 2200 Phoenix, AZ 85004 (602) 794-2460
grsm.com
Civil Appeals, Commercial Litigation, Construction, Employment, Insurance Defense, Privacy & Data Security, Real Estate
Greenberg Traurig L.L.P.
2375 E. Camelback Rd., Suite 800 Phoenix, AZ 85016 (602) 445-8000
gtlaw.com
Litigation, Tax, Labor, Construction, Corporate, Securities, Intellectual Property
Guidant Law Firm
402 E Southern Ave. Tempe, AZ 85282 (602) 888-9229
guidant.law
Arbitration & Mediation, Bankruptcy, Cannabis, Commercial Litigation, Construction, Corporate, Estate Planning, Personal Injury, Probate & Estate Administration, Real Estate
Burch & Cracchiolo
Known for stellar legal services coupled with reasonable rates, the lawyers at Burch & Cracchiolo exemplify Diligence, Integrity, Creativity and Intelligence in everything they do. These are the values that guide every aspect of client service and professional conduct at Burch & Cracchiolo while serving their corporate, governmental and individual clients throughout Arizona.
The firm’s lawyers are among the most highly regarded and recognized leaders in the areas of Business & Corporate Law, Commercial Litigation, Construction, Bankruptcy & Receiverships, Estate Planning and Wealth Preservation, Family Law, Insurance Defense / Personal Injury Litigation, Labor & Employment, Land Use and Zoning, Liquor Licensing, Real Estate, Tax and Tax Controversy.
At the top
Susie Ingold, Employment Litigation
Ryan Anderson, Liquor Licensing
Adrian Ochoa, Tax Controversy
Susan Dana Kobey, Family Law
Andrew Miller, Real Estate Law
Gust Rosenfeld P.L.C.
One E. Washington St., Suite 1600
Phoenix, AZ 85004 (602) 257-7422
gustlaw.com
Franchise, IP, Bankruptcy, Construction, Corporate, Creditors’ Rights, Employment, Real Estate
Hymson Goldstein & Pantiliat & Lohr P.L.L.C.
14500 N Northsight Blvd., Suite 101 Scottsdale, AZ 85260 (480) 991-9077
scottsdale-lawyer.com
General Practice, Litigation, Family Law, Real Estate, Bankruptcy
For a more detailed listing of our recommended firms and a complete list of their attorneys and Areas of Practice, please visit inbusinessphx.com/legalguide.
A number of the Firm’s lawyers are recognized as Best Lawyers in America, Super Lawyers of the Southwest, Arizona’s Finest Lawyers, Chambers USA, National Trial Lawyers and more. Celebrating 54 years in business in 2024, the Firm has been honored for its commitment to the community with accolades such as The Business Angels Award, Most Admired Companies and 100 Best Places to Live and Work in Arizona through sponsorships, donations and employee volunteer hours. Burch & Cracchiolo sponsors the Star Teacher Award where an educator is honored monthly with a check for $500 and their school receives an additional $250.
FIRM NAME: Burch & Cracchiolo
MAIN LOCAL OFFICE: 1850 N. Central Avenue, Suite 1700 Phoenix, AZ 85004
PHONE: (602) 274-7611
WEBSITE: www.bcattorneys.com
OFFICES IN METRO PHOENIX: 1
NATIONALLY HEADQUARTERED: Phoenix
MANAGING PARTNER: Susie Ingold
NO. OF YEARS WITH FIRM: 26
YEAR ESTABLISHED LOCALLY: 1970
PRACTICES: Business & Corporate Law, Commercial Litigation, Construction, Bankruptcy & Receiverships, Estate Planning and Wealth Preservation, Family Law, Insurance Defense / Personal Injury Litigation, Labor & Employment, Land Use and Zoning, Liquor Licensing, Real Estate, Tax and Tax Controversy
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Legal Services Guide
At-a-Glance
Managing partner Susie Ingold TOP REPRESENTATIVE ATTORNEYS
Jaburg Wilk
3200 N. Central Ave., Suite 2000
Phoenix, AZ 85012
(602) 248-1000
jaburgwilk.com
Administrative Law, Appellate, Bankruptcy, Business/Corporate, Business Divorce, Collections, Co nstruction, Defamation, Employment, Estate Planning, Family Law, Foreclosure, Healthcare, Insurance Law, Intellectual Property, Internet Law, Litigation, Probate Litigation, Real Estate
For a more detailed listing of our recommended firms and a complete list of their attorneys and Areas of Practice, please visit inbusinessphx.com/legalguide.
Jackson White Senior Law
40 N. Center St., Suite 200 Mesa, AZ 85201 (480) 464-1111
jacksonwhitelaw.com
Commercial Litigation, Construction Law, Criminal Defense, Disability Law, Elder Law, Intellectual Property Law, Labor & Employment Law, Real Estate Law, Tax Law
Jennings, Haug, Keleher & McLeod, L.L.P.
2800 N. Central Ave., Suite 1800 Phoenix, AZ 85004 (602) 234-7800
jhkmlaw.com
Appellate, Business Bankruptcy, Business Law, Commercial Real Estate & Finance, Construction Law, Creditors’ Rights, Employment Law, Environmental Law, Estate Planning, Trusts & Probate, Insurance Defense & Coverage, Litigation, Mediation & Arbitration, Medical Malpractice, Municipal Law, Professional Liability & Lawyer Discipline, Professional Malpractice, Surety & Fidelity Law
Guidant Law Firm
Guidant takes a personalized and practical approach to resolving complex growth-oriented legal issues. Whether handling a contentious dispute, overseeing a sensitive negotiation or positioning a company for growth, the firm maintains a strong client-first philosophy, providing sound and practical counsel.
The partners are business owners who have encountered many of the same opportunities and challenges their clients face — giving them heightened perspective into the concerns that keep clients up at night and insight into how to improve outcomes.
Guidant attorneys are well-known across the state and within their respective industries for integrity and exceptional talent. The respect they command reinforces Guidant’s standing as a firm that provides the highest level of service to businesses. Recognitions include:
At the top
TOP REPRESENTATIVE ATTORNEYS
Lamar Hawkins, Bankruptcy
Scott Jensen, Estate Planning/Probate
Gary Smith, Commercial Litigation
Sam Saks, Commercial Litigation
• Best Law Firms®
• Best Lawyers®
• Southwest Super Lawyers
• Arizona’s Finest Lawyers
• AV-Rated, Martindale-Hubbell
• State Bar of Arizona Presidential Award
Partners are also leaders within the legal community, serving the following organizations:
• State Bar of Arizona Board of Governors
• Arizona Foundation of Legal Services and Education Board
• Arizona Board of Legal Specialization Bankruptcy Law Advisory Commission
Jennings Strouss
One E. Washington St., Suite 1900 Phoenix, AZ 85004 (602) 262-5911 • jsslaw.com
Alternative Dispute Resolution, Antitrust, Appellate, Bankruptcy, Reorganization & Creditors’ Rights, Commercial Litigation, Corporate & Business, Eminent Domain, Energy, Estate Planning & Probate, Executive & Employee Compensation, Fidelity, Government Relations & Public Affairs, Intellectual Property, Labor & Employment, Medical & Professional Liability Defense, Mergers & Acquisitions, Products Liability, Real Estate, Securities & Finance, Securities Litigation & Regulatory Compliance, Surety, Tax, Tort & Insurance
40 N. Central Ave., Suite 2700
Phoenix, AZ 85004
(602) 263-1700 • jshfirm.com
Insurance Defense, General Civil Litigation, Appeals, Alternative Dispute Resolution, Transportation, Criminal Defense, Medical Malpractice
FIRM NAME: Guidant Law Firm
MAIN LOCAL OFFICE: 402 E. Southern Ave., Tempe AZ 85282
PHONE: (602) 888-9229
WEBSITE: www.guidant.law
OFFICES IN METRO PHOENIX: 7
NATIONALLY HEADQUARTERED: Tempe
MANAGING PARTNER: Lamar Hawkins
NO. OF YEARS WITH FIRM: 5
YEAR ESTABLISHED LOCALLY: 2019
PRACTICES: Arbitration & Mediation, Bankruptcy, Cannabis, Commercial Litigation, Construction, Corporate, Estate Planning, Personal Injury, Probate & Estate Administration, Real Estate
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Jones, Skelton & Hochuli P.L.C.
At-a-Glance
Legal Services Guide
Koeller, Nebeker, Carlson, Haluck, L.L.P.
3800 N. Central Ave., Suite 1500
Phoenix, AZ 85012 (602) 256-0000 • knchlaw.com
Business Litigation, Construction Claims, Construction Litigation, E-discovery & Data Management, Employment Litigation, Environmental, General Legal Defense, Government Tort Liability, Professional Malpractice, Insurance Coverage/Bad Faith Litigation, Workers Compensation, Commercial Trucking & Transportation Defense Litigation
Lewis Brisbois Bisgaard & Smith L.L.P.
2929 N. Central Ave., Suite 1700
Phoenix, AZ 85012 (602) 385-1040
lewisbrisbois.com
Medical Malpractice, Construction Defect Litigation, Products Liability, General Liability, Professional Liability
Lewis Roca
Lewis Roca, a premier U.S.-based law firm, serves clients in premier areas such as real estate, labor & employment, corporate, intellectual property, data privacy & cybersecurity, Indian tribal nations, and healthcare. One guiding principle has driven our success: an unwavering commitment to client service. With lawyers and legal professionals across nine offices throughout the western United States, Lewis Roca has the resources and agility to handle virtually any matter.
The firm is consistently recognized for its record of achieving results in Chambers USA, Best Lawyers, Super Lawyers, World Trademark Review (WTR) 1000, Benchmark Litigation and IP Stars. We are dedicated to creating legal solutions for leading businesses throughout the United States with lawyers who have the business and industry know-how to deliver solutions and success to clients.
Because every client engagement is unique, we match our legal approach to the specific challenge at hand. Through our extensive experience across a range of industries, delivered by teams who work collaboratively across practices areas, we develop effective solutions to even the most nuanced and complex legal matters.
Lewis Roca
201 E. Washington St., Suite 1200 Phoenix, AZ 85004 (602) 262-5311
lewisroca.com
Litigation; Real Estate; Labor & Employment; Corporate; Intellectual Property; Data Privacy & Cybersecurity; Indian Tribal Nations; Bankruptcy; Mergers & Acquisitions; Sports, Entertainment & Recreation; Tax; Gaming; Healthcare; Restaurants, Retail & Hospitality
Littler
2425 E. Camelback Rd., Suite 900 Phoenix, AZ 85016 (602) 474-3600
littler.com
Management-side Employment Advice & Counsel, Labor & Management Relations, Employment Litigation, Immigrations & Global Migration, Business & Human Rights, e-Discovery, International Employment & Labor
May Potenza Baran & Gillespie
1850 N. Central Ave., Suite 1600 Phoenix, AZ 85004 (602) 252-1900
maypotenza.com
Administrative Adjudications, Alternative Dispute Resolution, Appeals, Bankruptcy Reorganization, Commercial Creditors & Debtor’s Rights, Employment & Labor
Ogletree, Deakins, Nash, Smoak & Stewart P.C.
2415 E. Camelback Rd., Suite 800 Phoenix, AZ 85016 (602) 778-3700
ogletree.com
Employment, Traditional Labor Relations, Litigation, Unfair Competition & Trade Secrets, Immigration
FIRM NAME: Lewis Roca
MAIN LOCAL OFFICE: 201 E. Washington St., Suite 1200 Phoenix, AZ 85004
PHONE: (602) 262-5311
WEBSITE: www.lewisroca.com
OFFICES IN METRO PHOENIX: 1
NATIONALLY HEADQUARTERED: Phoenix
MANAGING PARTNERS: Kenneth Van Winkle, Jr., Firm-wide
Laura Pasqualone, Phoenix o ce
NO. OF YEARS WITH FIRM: 37
YEAR ESTABLISHED LOCALLY: 1950
PRACTICES: Litigation; Real Estate; Labor & Employment; Corporate; Intellectual Property; Data Privacy & Cybersecurity; Indian Tribal Nations; Bankruptcy; Mergers & Acquisitions; Sports, Entertainment & Recreation; Tax; Gaming; Healthcare; Restaurants, Retail & Hospitality
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Legal Services Guide »
At-a-Glance
Osborn Maledon P.A.
2929 N. Central Ave., Suite 2100 Phoenix, AZ 85012 (602) 640-9000
omlaw.com
Commercial Litigation, Corporate & Securities, IP, Technology, Real Estate, Criminal, Bankruptcy
Perkins Coie L.L.P.
2901 N. Central Ave., Suite 2000 Phoenix, AZ 85012 (602) 351-8000
perkinscoie.com
Business Litigation, Patent & IP, Business & Licensing, Real Estate, Criminal Defense
Polsinelli
One E. Washington St., Suite 1200 Phoenix, AZ 85004 (602) 650-2000 • polsinelli.com
Business Litigation, Corporate, Financial Services, Health Care, Real Estate, Life Sciences & Technology, Immigration, Tax
Quarles & Brady
Quarles & Brady has approximately 160 diverse attorneys, legal professionals and business professionals in our Phoenix and Tucson offices, each of them committed to the success of our clients.
That commitment is driven by two words — partnership and value — that have been the foundation of our firm’s approach to client service for 130 years and continue to inspire us today. As a firm, we consistently receive notable recognition because we make it our priority to partner closely with our clients and to provide value throughout the relationship.
At the top
TOP REPRESENTATIVE ATTORNEYS
Jason Wood, Phoenix o ce managing partner and partner in the Real Estate Group
Brad Vynalek, firm president and partner in the Litigation & Dispute Resolution Group
Amy Cotton Peterson, national chair of the Health & Life Sciences Group
Leonardo Loo, member of the firm’s executive committee and partner in the Business Law Group
Heather Buchta, Phoenix o ce chair of the Intellectual Property Group and member of the Data Privacy & Security industry team
Praesidium Law
Tempe Office
4450 S. Rural Rd., Ste. C-120 Tempe, AZ 85282 (480) 491-3216
Chandler Office
1820 E. Ray Rd. Chandler, AZ 85225 (480) 264-5106
praesidium.law
Probate & Trust Litigation, Estate Planning and other associated services
Quarles & Brady L.L.P.
One Renaissance Square Two N. Central Ave., Suite 600 Phoenix, AZ 85004 (602) 229-5200
quarles.com
Commercial Bankruptcy & Restructuring, Business Law, Environmental, Franchise, Healthcare
Partnership means we commit to doing everything we can to help your business succeed. We have deep experience across a broad range of legal matters, including business law; emerging growth companies; energy, environment & natural resources; health & life sciences; intellectual property; labor & employment; litigation; real estate; and zoning & land use.
Value means we never lose sight of your bottom line. While delivering timely, responsive counsel and a favorable outcome for our clients is paramount, we also prioritize cost control and adhering to client budgets. Ultimately, we will work closely with you to ensure we are meeting your definition of value.
When you combine our dedication to partnership and value with savvy legal counsel and the resources of an Am Law 200 firm, it becomes clear why Quarles is the right firm to help you achieve your long-term business goals.
Radix Law
15205 N. Kierland Blvd., Suite 200 Scottsdale, AZ 85254 (602) 606-9300 • radixlaw.com
Business Law, Real Estate Law, Commercial Litigation, Bankruptcy Law, Estate Planning
Renaud Cook Drury Mesaros P.A.
One N. Central Ave., Suite 900 Phoenix, AZ 85004 (602) 307-9900 • rcdmlaw.com
Wrongful Death, Medical Malpractice, Product Liability, Insurance Coverage, Appeals, Business & Real Estate
Rose Law Group P.C.
7144 E. Stetson Dr., Suite 300 Scottsdale, AZ 85251 (480) 505-3936 • roselawgroup.com
Real Estate, Land Use & Zoning, Tax, Family, Estate Planning
FIRM NAME: Quarles
MAIN LOCAL OFFICE: One Renaissance Square Two N. Central Ave., Suite 600 Phoenix, AZ 85004
PHONE: (602) 229-5200
WEBSITE: www.quarles.com
OFFICES IN METRO PHOENIX: 1
MANAGING PARTNER:
National managing partner – Mike Aldana
National president – Brad Vynalek
Phoenix managing partner – Jason Wood
YEAR ESTABLISHED LOCALLY: 1970
PRACTICES: Nationally, the firm has 12 o ces, with primary practices in bankruptcy, restructuring and creditor’s rights; business law; energy, infrastructure and environment; estate, trust and wealth preservation; health and life sciences; intellectual property; labor and employment; litigation and dispute resolution; product liability; public finance; and real estate and land use. The firm also has extensive experience providing counsel on the many issues associated with COVID-19.
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Legal Services Guide »
& Brady LLP
At-a-Glance
Spencer Fane LLP
Spencer Fane is a full-service business law firm focused on providing results that move clients and their businesses forward. With direct access to firm leadership and a different approach to client engagement, its attorneys instill confidence and certainty that the clients’ interests are the firm’s priority. Your business leaders work with our business leader — leaders who work decisively, execute with purpose and understand the importance of flawless timing.
The firm pursues measured growth that created a sizable but controlled footprint without offices on either coast while aligning with the needs of clients in the markets where they do business. This has included a specific focus in Phoenix since establishing our thriving office here in 2017.
At Spencer Fane, we believe diversity, equity and inclusion are fundamental principles essential to the firm and our clients’ success. Therefore, we seek to foster and develop a diverse array of attorneys and professional staff who bring varied ideas and perspective to our clients’ complex legal challenges.
In recent years, Spencer Fane clarified and amplified a focus on three distinctive components that fuel a competitive edge:
• Providing extraordinary client service.
• Being the law firm of choice for top talent.
• Driving operational excellence.
The firm has developed a firmwide focus on the importance of humility, collaboration, empowerment, positive energy and fierce resolve as core values that guide each attorney and staff member. In particular, humility, a selfless way of being that anchors attorneys and employees on a daily basis, sits at the center. The supporting pillars are:
• Resolve to win — an unwavering ambition to realize success.
• External focus with positive energy — a resilience to overcome adversity & focus on possibility.
• Empowerment — an environment where others are inspired to thrive.
• Collaboration — continuous pursuit of more creative solutions through connection with others.
The firm consists of more than 400 attorneys in 21 different practice groups.
The firm has offices in Phoenix, Arizona; Colorado Springs and Denver, Colorado; Tampa, Florida; Overland Park, Kansas; Minneapolis, Minnesota; Cape Girardeau, Jefferson City, Kansas City, St. Louis and Springfield, Missouri; Omaha, Nebraska; Las Vegas, Nevada; Oklahoma City, Oklahoma; Greenville, South Carolina; Dakota Dunes, South Dakota; Hendersonville and Nashville, Tennessee; and Austin, Dallas, Houston and Plano, Texas.
FIRM
MAIN LOCAL OFFICE: 2415 E. Camelback Rd., Suite 600 Phoenix, AZ 85016
PHONE: (602) 333-5430
WEBSITE: www.spencerfane.com
OFFICES IN METRO PHOENIX: 1
NATIONALLY HEADQUARTERED: Kansas City, MO
MANAGING PARTNER: Patrick J. Whalen
NO. OF YEARS WITH FIRM: 28
YEAR ESTABLISHED LOCALLY: 2017
PRACTICES: Banking and Financial Services; Bankruptcy, Restructuring, and Creditors’ Rights Corporate and Business Transactions; Health Care; Intellectual Property; International; Labor and Employment; Litigation and Dispute Resolution; Mergers & Acquisitions; Real Estate
At the top
Andrew M. Federhar, Litigation and Dispute Resolution
Andy G. Anderson, Corporate and Business Transactions
David E. Funkhouser III, Litigation and Dispute Resolution
Raj Gangadean, Corporate and Business Transactions
Helen Holden, Labor and Employment
Steven J. Laureanti, Intellectual Property
Michael F. Patterson, International
Jessica Gale, Litigation and Dispute Resolution
Richard H. Herold, Litigation and Dispute Resolution
Brian Zavislak, Real Estate
61 INBUSINESSPHX.COM JUNE 2024 ADVERTISING PROFILE Legal Services Guide
NAME: Spencer Fane LLP
At-a-Glance
TOP REPRESENTATIVE ATTORNEYS
Sacks
Tierney P.A.
4250 N. Drinkwater Blvd., Fourth Floor
Scottsdale, AZ 85251
(480) 425-2600 • sackstierney.com
Appeals, Banking, Bankruptcy & Restructuring, Beneficiary Representation, Business & Corporate, Civil Litigation, Commercial & Public Finance, Construction, Dispute Resolution, Employment, Equity & Debt Finance, Estate Planning, Family Law, Guardianship & Conservatorship, Healthcare, Homeowner Association, Indian Law & Tribal Relations, Intellectual Property, Loan Workouts & Problem Asset Resolution, Marijuana Business, Private & Public School, Probate & Trust Administration, Real Estate, Trust & Estate Litigation, Uniform Commercial Code, Water
Salmon, Lewis & Weldon P.L.C.
2850 E. Camelback Rd., Suite 200 Phoenix, AZ 85016 (602) 801–9060 • slwplc.com
Business & Finance, Commercial Litigation, Commercial Law, Corporate Real Estate, Electric Power & Utilities, Environmental Law
Sanders & Parks, P.C.
3030 N. 3rd St., Suite 1300
Phoenix, AZ 85012 (602) 532-5600 • sandersparks.com
Civil Litigation, Corporate, Professional Liability Litigation, Insurance Defense, Public Entity/ Municipal Defense, Intellectual Property
Schneider & Onofry P.C.
365 E. Coronado Rd., Phoenix, AZ 85004 (602) 230-8857 • soarizonalaw.com
Administrative, Business, Employment, Alternative Dispute Resolution, Civil & Commercial, Construction Litigation, Civil Rights, Family
Sherman & Howard L.L.C.
201 E. Washington St., Suite 800 Phoenix, AZ 85004
(602) 240-3000 • shermanhoward.com
Real Estate, Labor & Employment, Estate Planning, Bankruptcy, Mergers & Acquisitions, Litigation, Banking & Finance, Immigration, Tax
Wilenchik & Bartness
The law firm of Wilenchik & Bartness provides high-level litigation services to a select group of clients. With its many highly skilled attorneys and paralegals, the firm also provides commercial arbitration and mediation services and works closely with businesses to manage their legal needs. It has represented many high-profile individuals in the state and county, including county attorneys, judges, a senator’s son, the state treasurer, the secretary of state, and former and current attorneys general.
The firm was founded in 1991 by Dennis I. Wilenchik, who left a senior partnership at the international firm of Squire Patton Boggs to form a smaller, more personalized practice while retaining a big-firm quality of practice. Still in active practice with his son, Jack — who was selected a “super lawyer” in business litigation this year by Thomson Reuters — he was recently named Best Trial Lawyer in the Valley for the fourth straight year by Foothills Magazine, and one of the Top 100 business lawyers in Arizona by a Business Magazine.
Dennis Wilenchik is rated Martindale-Hubbell AV®-Preeminent™, the highest rating available under the Martindale-Hubbell rating system, and he is listed in the national Bar Register of Preeminent Lawyers. Wilenchik has been a nationally certified civil trial advocate by the National Board of Trial Advocacy for more than 15 years. He is an Arizona Bar Foundation Fellow and was elected a Fellow to the American Board of Professional Liability Attorneys. Wilenchik has served as a civil judge pro tem of the Superior Court; president of Maricopa County Bar Association Young Lawyers Division; board member of the Arizona Bar Journal; chairman and secretary of the Civil Trial Practice Committee; member of the Superior Court Civil Study Committee of the State Bar; and member of the Department of Real Estate Advisory Board, appointed by the governor.
Snell & Wilmer, L.L.P.
One Arizona Center
400 E. Van Buren St., Suite 1900
Phoenix, AZ 85004 (602) 382-6000 swlaw.com
Banking & Finance, Litigation, Corporate & Securities, Intellectual Property, Labor Employment & Benefits, Natural Resources, Environmental & Energy, Real Estate & Tax
Spencer Fane, LLP
2415 E. Camelback Rd., Suite 600 Phoenix, AZ 85016 (602)333-5430 spencerfane.com
Bankruptcy, Restructuring, and Creditors’ Rights, Corporate and Business Transactions, Data Privacy and Cybersecurity, Employee Benefits, Governmental Affairs, Health Care, Intellectual Property, Labor and Employment, Mergers & Acquisitions, Nonprofit and TaxExempt Organizations, Real Estate, Tax, Trusts, & Estates
FIRM NAME: Wilenchik & Bartness
MAIN LOCAL OFFICE: 2810 N. Third St. Phoenix, AZ 85004
PHONE: (602) 606-2810
WEBSITE: wb-law.com
OFFICES IN METRO PHOENIX: 2
NATIONALLY HEADQUARTERED: Phoenix
MANAGING PARTNER: Dennis I. Wilenchik
NO. OF YEARS WITH FIRM: 33
YEAR ESTABLISHED LOCALLY: 1991
PRACTICES: Complex Business Disputes, Complex Civil Litigatin, Real Estate Civil Litigation & Appeals, including White Collar Criminal & Construction Litigation & Disputes of All Kinds
62 INBUSINESSPHX.COM JUNE 2024 ADVERTISING PROFILE Legal Services Guide
At-a-Glance
At the top
Dennis I. Wilenchik • Jack Wilenchik
TOP REPRESENTATIVE ATTORNEYS
Dennis I. Wilenchik
Squire Patton Boggs
2325 E. Camelback Rd., Suite 700 Phoenix, AZ 85016 • (602) 528-4000
squirepattonboggs.com
Corporate, Environmental, IP, Litigation, Public Finance, Restructuring, Real Estate
Stinson Leonard Street L.L.P.
1850 N. Central Ave., Suite 2100 Phoenix, AZ 85004 • (602) 279-1600
stinson.com
Commercial & Class Action Litigation, Bankruptcy & Creditors’ Rights, Corporate Counseling, Banking & Financial Services, Real Estate
Ti any & Bosco P.A.
2525 E. Camelback Rd., Suite 700 Phoenix, AZ 85016
(602) 255-6000 • tblaw.com
Banking, Employment, IP, Tax, Real Estate, Commercial Litigation, Construction
Warner Angle Hallam Jackson & Formanek P.L.C.
2555 E. Camelback Rd., Suite 800 Phoenix AZ 85016 (602) 264-7101 • warnerangle.com
Commercial & Business Law, Construction, Real Estate, Commercial Loans, Divorce & Family, Trusts & Estates, Probate
Wilenchik & Bartness P.C.
2810 N. 3rd St. Phoenix, AZ 85004 (602) 606-2810 • wb-law.com
Complex Business Disputes, Real Estate Civil Litigation & Appeals, including White Collar Criminal & Construction Litigation & Disputes of All Kinds
Withey Morris P.L.C.
2525 E. Arizona Biltmore Circle, Suite A-212
Phoenix, AZ 85016
(602) 230-0600
witheymorris.com
Master Plan Developments, Comprehensive Plan Amendments, General Plan Amendments, Zone Changes, Development Agreements, Use Permits, Variances, Building Permits & Entitlements, Abandonments, Easements, Design Reviews, Annexations, Stipulation Modifications, Waivers, Subdivision & Plat Maps, Entitlement & Opinion Letters, Interpretation Issues, Code Enforcement & Property Violations, Zoning Ordinance Text Amendments, Due Diligence, Referendums For a more detailed listing of our recommended firms and a complete list of their attorneys and Areas of Practice, please visit inbusinessphx.com/legalguide.
INBUSINESSPHX.COM Legal Services Guide
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In
Abraham, Andy, 57
Aimé, Guillaume, 28
Alatrash, Ahmad, 40
Aldana, Mike, 60
Bahmani, Shar, 52
Benedict, Jason, 40
Braun, Greg, 37
Butler, Tyler, 40
Cadet, Lynn, 15
Chew, Derek, 26
Coble, Paul, 28
Dei Cas, Kate, 20
Dragos, Kristin, 14
Eggleston, Bethany, 40 Eherenfeldt, Hannah, 24
Achieve Results Consulting, LLC, 47 Alliance Bank of Arizona, 7
American Arbitration AssociationInternational Centre for Dispute Resolution, 50
American Red Cross, 40
Arizona Commerce Authority, 21 Arizona Community Foundation, 41 Arizona Small Business Association, 47 AV Concepts, 67
AVANA Companies, 14
AZ Water, 12
Bashas’, 14, Blue Cross Blue Shield of Arizona, 3 BMW, 45
B-Stock Solutions, 43
Burch & Cracchiolo, 57, 9
Century Grand, 14
Colibri Collective, 14
CollabraTech Solutions, 22
Delivery Systems & Services, 20
Delta Dental of Arizona, 10
DSV Inventory Management Solutions, 20
Ericho Communications, 66
Est Est Interior Design, 10
Exyte, 22
Fennemore, 28
FirstFruits Farms, 14
Flour Power Cooking Studios, 14
Fogarty, Sean, 20
Fraley, R. Lee, 28 Frank, Dana, 37
Gillespie, Angela, 10
Gitman, Svetlana, 50
Hahnefeld, Laura, 51
Hawkins, Lamar, 58
Ingold, Susie, 9
Jackson, Cole, 36 Jensen, Jeanne M., 12
Johnson, Christina, 17
Jones, Michael, 10
Knudson, Dillan, 16
Koback, Chelsea, 48
Landa, Robin, 37
Foster Alliance, The, 40
Fullmoon Digital, 26
Gallagher & Kennedy, 28
Gawley Companies, 10 Gensler, 2
Goodfinder, 49
Goodmans, 39
Goodwill of Central and Northern Arizona, 5
Goodyear, City of, 13
Greater Phoenix Economic Council, 20
Guidant Law Firm, 28, 58
Holualoa Companies, 17
HonorHealth, 25
HostingAdvice, 15
IDTechEx, 26
Ingo’s Tasty Food, 46
Jackson Shaw, 17 JE Dunn, 18
Jive, 8
Kiterocket, 23
Lewis Roca, 59
Littler Mendelson, 28
Martens Development, 17
Mesquite Fresh Street Mex, 40
Montage Partners, 36
National Bank of Arizona, 19
National Safety Council, 51
Native Resources International, 22
Ly, Michael, 38
Mahncke, Henry, 24
Martinez, Lorna, 14
McClure, Kirk, 18
Nahabedian, Sonia, 45
Norling, John, 28
Pachuilo, Dominique, 49
Parkman, Gordon J., 47
Peters, Kristy, 28
Saks, Sam, 28
Shen, Marcus, 43
Siglin, Brett, 28
Silverman, Louis A., 28
Sokolow, Jaison, 46
Stockunas, Joe, 20
In each issue of In Business Magazine, we list both companies and indivuduals for quick reference. See the stories for links to more.
Sutton, Blake, 10
Tollefson, Richard, 44
Tye, Pattie Dale, 37
Van Winkle, Kenneth Jr., 59
Vynalek, Brad, 60
Wall, Spencer, 20
Weber, Bruce, 42
Whalen, Patrick J., 61
Wilenchik, Dennis I., 62
Wolf, Tyler D., 28
Wood, Jason, 60
Yaverbaum, Eric, 66
No Boundaries Marketing, 48 PADT Inc., 27
Paintpourium, 14
Phoenix Philanthropy Group, The, 44
Phoenix Symphony, The, 11 Polestar Scottsdale, 68
Posit Science, 24
Praesidium Law, 28
Private Label International, 17
ProTech Detailing, 19
Quarles & Brady LLP, 60
Reconciled, 38
ReSuture, 24
Rose Law Group, 28
Sacks Tierney, 52
Sap N Honey Charcuterie Boards, 45
SEMI Americas, 20
Shea Homes, 14
Snell & Wilmer
Snell & Wilmer, 28, 64
Spencer Fane LLP, 61
State Bar of Arizona, 55
Stearns Bank, 8
Sunbelt Holdings, 27
Tiffany & Bosco P.A., 54
WearTech Applied Research Center, 24
Weber Group, 42
Western Alliance Bank, 16 Wilenchik & Bartness, 62 Withey Morris, 63
Bold listings are advertisers supporting this issue of In Business Magazine
65 INBUSINESSPHX.COM JUNE 2024
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Eric Yaverbaum, CEO of Ericho Communications, is a 43-year public relations veteran and communications expert currently working on the third edition of his industry-standard bestseller, Public Relations for Dummies, and is also the bestselling author of seven other books that include Leadership Secrets of the World’s Most Successful CEOs. He is a regular TV pundit, and his expert commentary has been featured in Forbes, Entrepreneur, The Washington Post, The New York Times, HuffPost, CNBC and PR Week, among others. erichopr.com
As the Next Seismic Social Media Shift Looms …
Here’s how to have a thriving digital presence by
Eric Yaverbaum
I remember the day millions of users — myself included — packed our former “Digital Town Square” bags and moved onto Threads. This exodus was largely spurred by X (formerly Twitter) changing hands to its present owner, Elon Musk, whose leadership meant much different and, at times, volatile content on the platform. X isn’t the only social media platform that found itself impacted by a shift in user base. According to Pew Research, only a third of U.S. teens now use Meta’s Facebook compared to 71% in 2014. And if TikTok becomes prohibited in the U.S., it could mean American users, influencers and companies will flock to different platforms for their bit-sized cat video fix or to sell their new “magic” debloating pills.
For businesses, social media has a huge impact on cultivating brand awareness, and, with the social media industry rapidly evolving, some brands may find themselves stuck when a platform they’ve worked hard to build a name on suddenly sees a seismic shift in its audience and content or, worse, dissolves entirely. That said, let’s look at some of the ways companies can get the most out of promoting or advertising their organizations on social media without losing out on critical ad dollars or audience engagement if and when users move onto new social media horizons.
Do the necessary research. Whether it’s because a company profile has a high social following or a business already committed to thousands in planned digital ad dollars, having a social media platform quickly go from millions of users to kaput overnight can be devastating for a brand. That’s why businesses should do their research out of the gate. Be aware of the headlines. Keep a tab on what people are saying and thinking online. This will help inform whether it’s worth it to stay or move on from a social media platform. Businesses need to know all the stakes before making a decision that could cost them money, time and notoriety.
Assess all the options. After the research stage, it’s important to look at all the options. Is it necessary to start building the company’s following elsewhere? Are there ways
to avoid wasting time and money? Is there a path to leverage the situation and boost brand awareness, such as a PR stunt or speaking to the press about the issue? Knowing what is or isn’t plausible can offer a better idea of what the best steps forward look like.
Develop a plan for every scenario. Once all the options are on the table, construct plans for each one. Businesses should do their best to be prepared for potential brand crises that might come with a social media shift or, on the other hand, potential opportunities. Having a plan of attack will ensure a company is one step ahead.
Remain flexible. At the same time, not everything goes according to plan. Especially in social media, which is, arguably, a largely unpredictable industry whose success is often dependent on the actions and whims of users. That’s why it’s so crucial to be on top of what’s happening and ride the wave in a way that’s most beneficial to a specific brand. This also means allocating efforts wisely — businesses do not want to put all their eggs in one basket. Otherwise, a business might find itself empty-handed after an unexpected tumble.
Stay calm and carry on. Take a deep breath. There are a lot of elements that can’t be controlled with social media, but that doesn’t have to be a bad thing. Use these moments of transition as an avenue for opportunity, and don’t be stuck unprepared in a panic-driven frenzy with no idea of what’s going on. Try not to let the unknowns take over — remember, as long as a brand is prepared and aware of what’s happening, they’ll more than likely make it out the other side safely.
Living in a world dominated by the ups and downs of social media can be daunting, especially for businesses that are just trying to do their best to reach their audience. It doesn’t have to be scary, though. Successful brands are the ones that are one step ahead, ready for all the possibilities that could come their way. With a little optimism and a whole lot of foresight, any company can make it through the next big social media shift as a successful early adopter instead of getting left behind in the fallout.
It’s estimated that social media ad spend generated through mobile platforms will total $255.8 billion by 2028 (“Social Media AdvertisingGlobal: Market Forecast.” Statista. Accessed April 18, 2024)
66 INBUSINESSPHX.COM JUNE 2024
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