In Business Magazine June 2019 by InMedia

JUNE 2019

Special Section: Business Owners’ Legal Services Guide

THE LAW and Your Business Update on what businesses need to know

Employee or Independent Contractor – It Matters

Today’s Business Basics include

Digital Policies Accountability

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THIS ISSUE Tempe Chamber of Commerce Arizona Small Business Association

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JUNE 2019

COVER STORY

The Law and Your Business

Businesses now operate in a fast-changing world where legal issues present in a kaleidoscope of local, regional, national and internationalregulations; public awareness and mobilization; and operational changes. For an overview of “what businesses need to know,” In Business Magazine turned to attorneys who specialize in key practice areas. . FEATURE

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30 It’s Risky Out There without Digital Policies

Kristina Podnar discusses digital policies as the ticket to the tech revolution. DEPARTMENTS

PARTNER SECTIONS TEMPE CHAMBER

ADVANTAGE Spring 2O19 • tempechamber.org

mission is to support the sustainable growth of Arizona’s fashion industry; co-founded the Fashion and Business Resource Innovation Center in Tempe (FABRIC) that is the headquarters to Arizona’s fashion industry; and created events at FABRIC that returns proceeds to support Arizona Apparel Foundation. Barry is a proud member of the Tempe Chamber and has received the 2018 Tempe Mayor’s Disability Award; Employee of the Year; the 2017 Business Community Impact Award; and was recognized in the Tempe Mayor’s State of the City Address in both 2016 and 2017.

Development Advisory Board; Tempe Chamber Women in Business Mentorship Program; Rotary International; Kiwanis; Maricopa Economic Development Alliance; and Maricopa Parks, Recreation and Libraries; among many others during her career. 2019 Finalist: Melody Elkin Melody Elkin is the chef and owner of Sweetest Season Artisan Eatery, her second business location to open within the past several years. As an ASU Women’s Basketball alumnus, Elkin continues to lend her support to the program through mentorship and promotion. Elkin also is a role model in the business community and displays this through her support of local organizations in their mission efforts to improve the city, such as Tempe Community Action Agency, the Tempe Chamber of Commerce and TCH. Elkin serves as a chair on the Tempe Coalition Against Underage Drinking and Drug Use, a board member of Friends of the Tempe Center of the Arts, and an executive director of Arizona Coalition for Tomorrow.

37 Tempe Chamber of Commerce Gain Brand Context to Drive Brand Clarity About ASBA

The Arizona Small Business Association (ASBA) is THE VOICE for small business in Arizona, dedicated to promoting success for entrepreneurs, the business community and economic growth in our region. ASBA provides effective resources for businesses of all sizes with fewer than 500 employees, including education and mentoring opportunities, professional connections, and support resources through our strategic partners. We have a pulse on the business landscape, the issues and initiatives that affect small businesses and work diligently to advocate for legislation and regulation that supports a pro-business environment. Representing businesses across Arizona, ASBA empowers its members and promotes a thriving small business community. Find ASBA on Facebook: www.facebook.com/AZSmallBIZ

by Robin Bramman, Chief Brand Mixologist at Brandtini and Brand Specialist at Turbulence

When was the last time you took a look

you see that makes them stand out? What makes a customer know, like and trust

customer walking through all of your brand touchpoints, what would you learn? We get so busy working in our business we forget to work on it. We continually create ad campaigns to drive business,

© 2019 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.

their brand? What one thing do you think they are doing better than everyone else and where do you fall in that area? Once you are armed with this information, you can better understand your customer and

and we write blog posts and post on social

competitor position and where you might

media to keep our brand in the market and

have opportunities in your own business.

stay fresh. So, when was the last time you did a brand audit; when was the last time

Brand Positioning Next, you will want to take a look at your

you surveyed your customers or really

brand positioning and think of the value

understood where your brand is showing up

provided as customer benefits created

consistently? Let’s explore what you might

by bundles of service and products. The

do if you are starting a business or you

ability to provide exceptional value is the

have been in business a few years. Gain

key reason customers or clients select one

brand context to drive brand clarity or, as I have told all of my clients, “Experience the

company or product over another. Build out a values statement that begins with “We

brand before branding the experience.”

are the leader in” or “We are the only” or

Here are three important first steps:

“We are different because.” This exercise

brand audit, brand positioning, and brand

will help you find a core differentiating value point that your customers will connect to

touchpoints.

and find of interest.

Brand Audit Central Arizona 11811 N. Tatum Blvd., Suite P-195 Phoenix, AZ 85028 p. 602.306.4000

is going on inside their business. What do

at your brand from the customer’s point of view? If you spent a day in the life of your

What goes into a brand audit? To start, you would build a survey and reach out

Brand Touchpoints Lastly, you will take a visual look at

to past and current customers to learn

your brand touchpoints. Remember,

about how they experience the brand and

these go beyond your online presence

what value it provided them. Walk through

and print materials. How your employees

their steps to working with you or buying

present themselves and how the customer

from you and think about the questions

experiences them is just as important. I use

you might ask at different points in the

a pre-purchase/post-purchase exercise to

journey. It is best to get brand feedback

walk through the customer’s human, digital

one-on-one so that a customer would feel

and social experiences with a brand.

comfortable sharing his or her experience without reservation. We want to uncover

Once you have context for your brand

the customer journey points that are good

from these perspectives, you begin to

and bad so that we can enhance those that

have clarity in how you can position your

are working and minimize those that are a

products or services to gain brand traction with your target audience. Building a

problem. As part of a brand audit, you want to research your competitors to see what is differentiating them in the market. Take

brand is about delivering on a promise and expectation to your ideal client, where marketing is more about driving the

time to visit their location in person, go

purchase engagement. Start with context

online and google them, take a tour of their

and clarity before moving to connectivity

website and social media sites to see what

and community..

Feedback

Angela Garmon and Debbie Hann respond to In Business Magazine’s burning business question of the month.

T E M P E C H A M B E R A D V A N TA G E

Guest Editor

Josh Becker, a partner at Gallagher & Kennedy, introduces the “Business and the Law” issue.

Sherri Barry Named 2019 Business Woman of the Year Sherri Barry is the owner and founder of Arizona Fashion Source in downtown Tempe. In previous years, Barry co-founded Arizona Apparel Foundation, where the

Te m p e C h a m b e r. o r g

45 Arizona Small Business Association

SPECIAL SECTION A BUSINESS OWNER’S RESOURCE TO LEGAL SERVICES

2019

A comprehensive guide to local firms & their areas of specialty for business

Briefs

“LATHER Makes Move a Rebranding Opp,” “Veyo Innovates Non-Emergency Medical Transport,” “Marketing Automation, Accelerated,” “Brick-and-Mortars Need Guest Frequency Data, Too,” “AI Advances Background Checking,” “Local Standouts Recognized for Achievements and Philanthropy,” “Businesses: Recruit Talent Amid Tight Labor Market” and “The Instagram Aesthetic: Is It In or Out?”

By the Numbers

New report identifies troubling gaps in employer-based programs that address diversity and inclusion and sexual harassment.

From the Top

French Honorary Consul helps Phoenix strengthen ties with an important trade partner.

FEATURING

Engelman Berger Fennemore Craig Gallagher & Kennedy Quarles & Brady Snell & Wilmer Welsh Law Group Wilenchik & Bartness See more online inbusinessphx.com/legalguide

53 2019 Business Owners’ Legal Services Guide

JUNE 2019

INBUSINESSPHX.COM

Startups

“Arizona Facial Plastics – Leader in Regenerative Aging” and “Fundamental Income IDs Niche: Net Lease REITs”

CRE

“Phoenix Moves Up in Industrial Growth” “Appetite for Industrial” and “Don’t Sign that Lease without Verified Ventilation Performance Defined”

Healthcare

“Data and Analytics for the Right Care to the Right Patients at the Right Time” and “Mental Well-Being Has Workplace Value”

Technology

“Putting Real Estate Transactions in Hand,” “True Food Scores Win-Win with Brand Engagement App” and “IT Managed Services Provider’s Local Touch Furthers Global Presence”

Legal

Attorney discusses critical differences employers need to understand between an employee and an independent contractor.

Books

New releases give fresh insights on business thinking.

Nonprofit

Engaging aspirational and transformational donors, nonprofits take fundraising beyond people and place, to purpose.

Assets

Tesla Model 3 Performance Plus: Simple aids add comfort to travel.

Power Lunch

Taco Guild – Where Past Is Present Plus: Restaurants’ cool new dishes add sizzle to summer menus

Roundtable

Small businesses score success with the ‘5 Whys.’

Phoenix is the No. 9 U.S. Destination City, according to the latest migration trends report from U-Haul®, climbing four spots from its ranking on last year’s list. Phoenix saw a 20-percent year-over-year increase in one-way U-Haul truck arrivals in 2018 to become one of the top 10 busiest cities for incoming traffic among do-it-yourself movers for the first time since 2015. haul.com

Hi, Arizona. Join Google for free workshops to help you grow your skills, career, or business. Coming to Arizona Week of June 10 g.co/GrowArizona

JUNE 2019 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 Kristen Merrifield, CEO Alliance of Arizona Nonprofits (602) 279-2966 www.arizonanonprofits.org Jess Roman, Interim Chief Executive Officer Arizona Small Business Association Central Office (602) 306-4000 Southern Arizona (520) 327-0222 www.asba.com Steven G. Zylstra, President & CEO Arizona Technology Council One Renaissance Square (602) 343-8324 www.aztechcouncil.org Doug Bruhnke, Founder & President Global ChamberÂŽ (480) 595-5000 www.globalchamber.org Ronit Urman, President NAWBO Phoenix Metro Chapter (480) 289-5768 www.nawbophx.org Anne Gill, 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@inbusinessmag.com.

ASSOCIATE PARTNERS Ahwatukee Foothills Chamber of Commerce ahwatukeechamber.com Arizona Chamber of Commerce & Industry azchamber.com Arizona Hispanic Chamber of Commerce azhcc.com The Black Chamber of Arizona phoenixblackchamber.com Chandler Chamber of Commerce chandlerchamber.com Economic Club of Phoenix econclubphx.org Glendale Chamber of Commerce glendaleazchamber.org Greater Phoenix Chamber of Commerce phoenixchamber.com Greater Phoenix Gay & Lesbian 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 Surprise Regional Chamber of Commerce surpriseregionalchamber.com WESTMARC westmarc.org

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JUNE 2019

NATIONALLY RANKED.

VOL. 10, NO. 6

Publisher Rick McCartney Editor RaeAnne Marsh Graphic Design Landis Orso Contributing Writers Ken Chan Ali Craig

LOCALLY FOCUSED.

Helen Holden Mike Houghton Mike Hunter Jeff Kirke Tom Kolsun Loana Neamt Kristina Podnar Lynn Searles Stan Sipes Richard Tollefson Michael Tyra Carin Van Vuuren

Enterprise Bank & Trust was recently ranked number 14 out of 161 nationally-ranked banks1. And while we’re proud of that fact, it’s just part of who we are. Whether your focus is on your business, your family or the quality of life in your community, you’ll find us there. We’re committed to supporting dreams, securing financial futures and delivering on community investment.

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Vol. 10, No. 6 In Business Magazine is published 12 times per year by InMedia Company. POSTMASTER: Send address changes to InMedia Company, 214 E. Roosevelt Street, Phoenix, AZ 85004. To subscribe to In Business Magazine, please send check or money order for one-year subscription of $24.95 to InMedia Company, 214 E. Roosevelt Street, Phoenix, AZ 85004 or visit inbusinessphx.com. We appreciate your editorial submissions, news and photos for review by our editorial staff. You July 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. © 2019 InMedia Company, LLC. All rights reserved. No part of this magazine July be reproduced or transmitted in any form or by any means without written permission by the publisher.

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JOSHUA BECKER, GALLAGHER & KENNEDY

Broadly Legal

Technology’s rapid evolution is changing every aspect of business operations — including legal compliance. A failure to “get ahead of it” may negatively impact a company’s productivity and market share, and may create short-term and long-term legal issues that can be avoided with proper planning and organization. This evolution is “shrinking” our world. For example, customers and clients are no longer limited to our great state. Our ability to digitally and electronically connect with others in neighboring states or far-off lands means that we must be aware and comply with the laws of other states, countries and continents that were previously irrelevant or immaterial to most Arizona businesses. From the European Union’s General Data Protection Regulation to California’s soon to be effective California Consumer Privacy Act, Arizona businesses need to understand and comply with a growing number of laws designed to manage and control seemingly unending technological advancements. This month’s cover story delves into several universal areas of concern to businesses. Attorney contributors lay out “what business decision makers need to know” in the areas of intellectual property, privacy and data security, employment law, global trade, and finance. The regular Legal feature focuses its in-depth treatment this month on the distinction between employees and independent contractors. The classification of workers is coming under increasing scrutiny. Because many Arizona businesses are not employing the proper criteria to their classification, this in-depth article provides concrete ideas on properly distinguishing between two classes or workers that sometimes become confusingly similar. Other timely topics include attracting talent in an era of historically low unemployment, appropriate Instagram branding, and the value of mental well-being in the workplace. In “It’s Risky Out There without Digital Policies,” Kristina Podnar discusses why digital policies are the ticket to the tech revolution. And this month’s From the Top profile spotlights an office in the public sector that impacts commerce between Arizona and one of its bigger trading partners — the Honorary Consul of France. In Business Magazine also presents its annually updated, comprehensive Business Owners’ Legal Services Guide, compiled to help business owners find the best legal expertise for specific needs. It is my pleasure to have worked with In Business Magazine to help bring you this June edition. I hope you will find it a rewarding read.

With years of experience in franchise, franchise mergers and acquisitions, and intellectual property law, Josh Becker assists companies of all sizes with franchise regulatory matters, mergers and acquisitions, technology licensing and sales, and general corporate representation. His clients include established and young franchisors, technology companies, licensors, licensees and private equity firms. He serves as the de facto General Counsel for many of his clients.

gknet.com

Sincerely,

Joshua Becker Shareholder Gallagher & Kennedy

CONNECT WITH US: Story Ideas/PR: editor@ inbusinessphx.com

Legal Easy Being in business means there is so much to focus on. Small

discussion and create awareness of some not-

businesses may see this focus as a daunting task. However, in

so-common legal issues that can affect business.

today’s competitive and tech-savvy market, businesses that

There is so much more to think about these days,

do not protect themselves can find being in business quite

and firms like Gallagher & Kennedy are at the

difficult. In this issue, we look at some of the latest areas of

ready to protect our interests here in Greater

law that our “traditional business” mindset may be neglecting

Phoenix and beyond. With this year’s legal guide, we are

to understand just how important those areas are.

profiling several of the Valley’s top firms, and I hope that you

We want to thank Josh Becker for leading this “Legal” issue of In Business Magazine and for working with us to shape

Owners’

Legal Services

MAGAZINE

JUNE 2019

IN BUSINESS

Special Section: Business

BUSINESS AND THE LAW

TH E LA and Your Busi W Update ness need to on what busine know sses

Employee or Independen Contractor t – It Matters JUNE 2019

Today’s Business Basics

•

include Digital Policies

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THIS ISSUE

Tempe Chamber of Commerce Arizona Small Business Association

Accountability

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Programs

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Guide

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will check that out at the back of this issue. —Rick McCartney, Publisher

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VALLEY LEADERS SOUND OFF Among the many services you provide your members, what are you doing to inform them about — and help them connect with appropriate expertise to address — changes in laws, regulations and public movements that businesses need to be aware of from a legal standpoint?

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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.

JUNE 2019

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ANGELA GARMON

DEBBIE HANN

KRISTEN MERRIFIELD

President NAWBO Phoenix Sector: Economic Development

Chief Operating Officer Arizona Small Business Association Sector: Economic Development

Chief Executive Officer Alliance of Arizona Nonprofits Sector: Nonprofit Advocacy

The National Association of Women Business Owners represents the voice of the 12 million women business owners across the nation. As leaders of the Phoenix Chapter, the board makes it a point to stay well informed on the changes in laws, regulations and public movements that impact business ownership. NAWBO Phoenix has a newly appointed Public Policy Director, Ania Kubicki, whose primary focus is to ensure these critical issues and the proper resources are presented to the members in a timely manner. As a board, we plan our programs, business meetings and communications around these matters. We offer various ways to learn and connect throughout the month. We intentionally design our business meetings to educate and equip our members with the most current information that impacts their businesses. This incoming year, we will focus on topics such as economic development in Phoenix and the vitality of women business ownership in the state to ensure business owners have the resources they need to effectively engage in public policy and advocacy for their businesses.

The Arizona Small Business Association prides itself on providing relevant and timely information to the small-business community through events, educational seminars, keynote talks by industry experts and public policy support. ASBA’s Public Policy Committee, consisting solely of ASBA members, interprets legislative activity and provides a big voice for small business at the Capitol. ASBA will allocate a portion of the website specifically dedicated to Public Policy and will notify members in layman’s terms on laws and changes that will have an effect on small business Additionally, ASBA has many events that provide an opportunity for education. One of the largest events ASBA will be putting on this year is Contruction+Plus, scheduled this summer on July 11th. We’ll be addressing not only the shortage of laborers in the construction industry but also hiring and retaining employees, and liability and risks that impact an employer. ASBA encourages members to work with one another, enabling a fruitful small-business community within the organization itself.

The Alliance engages and informs our nonprofit members through our statewide Nonprofit Policy Council. This group meets monthly, and members can call in from anywhere in the state or join us in person in Phoenix. Each month, we receive important updates on both the state and federal levels about policies, laws, regulations and issues that are related to nonprofits specifically, or which apply to all organizations regardless of their tax status. This is important to note, because many issues have the ability to impact the nonprofit and for-profit sectors alike. We can then work collectively to solve problems, take advantage of opportunities, or unite with a loud voice to make change and ensure that all nonprofits are represented on issues that can negatively or positively impact their ability to fulfill their missions. We currently have more than 100 members on our Nonprofit Policy Council, and we have been very active on local and national issues this year. Most excitedly, we are thrilled to see our very first bill make it all the way into the budget this year!

Arizona Small Business Association

Alliance of Arizona Nonprofits

asba.com

arizonanonprofits.org

Debbie Hann is chief operating officer at the Arizona Small Business Association. ASBA is one of the largest trade associations in Arizona, supporting small businesses through an active and connected community. Hann provides leadership while executing and implementing strategies to grow the organization. She has a proven track record in the corporate environment of a Fortune 500 company in addition to owning a successful small business

Kristen Merrifield is the CEO of the Alliance of Arizona Nonprofits. The Alliance serves as the unifying voice of the more than 20,000 nonprofits in the State of Arizona. With a membership of 1,000 nonprofits and business partners, AAZN provides critical resources which fulfill its mission of uniting, strengthening and advancing the Arizona nonprofit sector — toward a vision of an Arizona where all nonprofits are valued, empowered and thriving.

National Association of Women Business Owners – Phoenix nawbo.org/phoenix Angela Garmon is the president of NAWBO Phoenix and owner of ARG Coaching & Consulting Group (www.argccgroup.com). ARG Coaching & Consulting Group provides proven solutions that bridge gaps between people and processes, helping clients learn to manage change, foster engagement and deliver sustainable results.

Sign up for the monthly In Business Magazine eNewsletter at www.inbusinessphx.com. Look for survey questions and other research on our business community.

QUICK AND TO THE POINT

LATHER Makes Move a Rebranding Opp The revitalization in the business corridor of Phoenix’s Central Avenue has attracted another long-standing business to the area, as LATHER brings its all-natural beauty and wellness products to the eclectic mix in the iconic shopping center. “We loved the history of Uptown Plaza [at Central Avenue and Camelback Road] coupled with the family atmosphere of this new destination within the city. This live/work/play hotspot has undergone a major renovation and we wanted to be a part of reviving the store fronts on-site,” says founder Emilie Hoyt. Hoyt also took the move as an opportunity to rebrand and evolve the store design. Locally headquartered architectural firm LEAArchitects worked to put LATHER’s signature essential oil blending bar, sink area and handson approach back into the space, and Hoyt says she plans to use the new design elements in all future stores. LATHER creates is products for body, face, hair and home from unique, natural ingredients

BYTES

Marketing Automation, Accelerated Too often, marketers purchase technology with the promise that all of their problems will be solved, only to then see this valuable asset underutilized or, even worse, transformed into “shelfware.” Act-On Accelerate,

and pure essential oils, and Lance Enyart, co-owner and principal of LEA-Architects, says this informed his design. “Our design drew inspiration from LATHER’s commitment to the natural environment, and their products, which are focused around a message of daily wellness, relief and joy. The use of natural materials such as the white oak horizontal and vertical baffles and floating casework, marble countertops, pebble flooring and feature wall, combined with the powder-coated, white bent steel plate shelving and discrete lighting is designed to create a comfortable Zen-like environment that is reflective of LATHER’s core principles and natural products.” From the store’s welcoming space in Uptown Plaza’s corner courtyard, Hoyt plans to feature community-based events and programs such as ‘Wellness Wednesdays’ in store — working with local partners and experts to provide wellness experiences and education for consumers. —RaeAnne Marsh LATHER Inc. lather.com

Photo courtesy of LEA-Architects

The Instagram Aesthetic IInstagram is the one social media platform consistently creating engagement and sales. Businesses want to be part of this increased brand recognition that also offers active conversion but are often unsure of how to get into the Instagram game. To “win” on Instagram, pretty has always mattered. But, while the highly edited feed style is visually appealing and gets engagement, this highly edited Instagram aesthetic does not lead to conversions Today, a brand’s Instagram feed is less about conversion and more about new user attraction. Once users are drawn in by the feed, it is the Instagram Stories — which have taken off in a big way — that are the main tactic brands are using to exploit the selling capabilities this platform has to offer. With Instagram Stories ruling, the highly

by Mike Hunter

posh and polished look of the feed doesn’t play as heavily because the two visuals — the stories and the feed — need to be harmonious and, in turn, real. A brand’s Instagram feed still needs to be thoughtful, but today it must look and feel real to the viewer and have a congruent aesthetic with the brand’s Instagram Stories. They say, “A picture is worth a thousand words” — and knowing how, when and where to use that picture is key to winning on Instagram. The secret formula to Instagram success seems to be posting anywhere from five to 15 Instagram Story posts a day. Simply creating snapshot experiences of the process, work and transformation a brand offers is the way to convert followers into cash by making Instagram work for that brand. —Ali Craig (www.entreventure.co), international consultant and brand strategist

from Act-On Software, is a Marketing as a Service solution that bridges the gap between technology and strategy execution. To Act-On’s marketing automation and implementation services, this adds strategic and tactical guidance for specific marketing use cases such as Gated-Content Conversions (Inbound), Funnel Stage Nurturing (Outbound), Sales Productivity (Sales), Customer Upsell/Cross-Sell (Loyalty), among others. act-on.com

Brick-and-Mortars Need Guest Frequency Data, Too Brick and mortar stores struggle to manage customer connections in a digital world. Mobivity provides a platform to connect national restaurants, retailers, personal care brands, and their partners, with customers to increase retention, visits and spend. Mobivity’s Recurrency suite of products increases customer engagement and frequency by capturing detailed pointof-sale transaction records, analyzing customer habits and motivating customers and employees through data-driven messaging applications and rewards. Brands can now assess guest frequency impact of product combinations, pricing and offers programs in real-time across any area of their franchise system. mobivity.com

AI Advances Background Checking Background checks are becoming a higher-profile security issue, yet in this world of “people screening,” speed and accuracy have remained the industry’s key pain points. Victoria-based Certn recently launched its groundbreaking platform in the U.S. market. The platform uses data points from thousands of sources to not only look at the past but, for the first time, leverage data science to predict the future. Using machine learning and artificial intelligence, Certn harnesses the power of artificial intelligence to quickly deliver comprehensive, globe-spanning, accurate results. certn.co

With a 56-percent increase in loan dollars funded to small businesses in the state, Arizona comes in at No. 6 as it makes its first appearance on the fourth annual list of the Top 10 States for Small Business Lending from Lendio, the nation’s largest marketplace for business loans. lendio.com/press-releases/lendio-top-10-states-2019

JUNE 2019

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QUICK AND TO THE POINT

LOOKING GOOD

Local Standouts Recognized for Achievements and Philanthropy ACHIEVEMENTS

GlobalMed Serves U.N. Project FGlobalMed®, an international provider of virtual care solutions, was recently selected by the government of Zimbabwe for a United Nations-funded project to provide telemedicine services and equipment at 16 clinics in the country’s Manicaland province — adding to its already-strong presence on that continent. The Scottsdale-based company is also the telehealth provider to the Department of Veterans Affairs, Defense Health Agency and the White House. gknet.com

SW Behavioral Awarded for Healthy Worksite Southwest Behavioral & Health Services, an innovative leader in behavioral health, has been awarded the Healthy Arizona Worksites Program Gold Award, which recognizes Arizona businesses that are making efforts to positively affect the health and well-being of employees, their families and their community. The criteria for this award evaluate evidence-based worksite health initiatives and promising programs. sbhservices.org

PHILANTHROPY

AT&T Takes Aim at Hunger With an initial investment of $275,000 in contributions to local nonprofit organizations to fund and expand their hunger and food insecurity outreach programs, AT&T recently launched its Believe Phoenix℠ initiative to combat the issue of hunger and food insecurity in the Greater Phoenix area. In Arizona, 1 in 7 people, and 1 in 4 children, struggle with hunger, according to Feeding America (www.feedingamerica.org). Through Believe Phoenix, AT&T is bringing together its leadership, employees and resources to work alongside nonprofits and community leaders on this issue. about.att.com

Desert Financial’s ‘Random Acts of Kindness’ Desert Financial Credit Union — which was founded 80 years ago by 15 teachers pooling $78.75 — celebrated Teacher Appreciation Week last month by providing educators at selected schools with a total of $7,000 in supplies ranging from equipment for gym teachers to a washer/dryer set to more than 100 books. All donations were part of Desert Financial’s “Random Act of Kindness” program, which is now in its second year. Underneath that larger program umbrella, a notable number of random acts are devoted to teacher appreciation desertfinancial.com

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Veyo Innovates NonEmergency Medical Transport Launched alongside Medicaid in 1965, nonemergency medical transportation (NEMT) had remained largely unchanged for almost 50 years. A Medicaid member calls in to book a trip, the trip is faxed to a transportation provider along with a group of trips, the trip is completed by the transportation provider, and the results of the trip are faxed back to the broker for reporting. Or that’s how it’s supposed to work. But unforeseen circumstances like last-minute trip changes, traffic, vehicle breakdowns or an insufficient supply of vehicles could easily derail an entire day of trips. In addition to trip delays, the self-reported data from the transportation providers rarely reflected what actually occurred during the trip. It was this fractured and unreliable process that Veyo was looking to improve when it launched in 2015. Using cutting-edge technology to vertically integrate every step of the NEMT process, from the call center to the claims department, and pairing that with a low-cost ridesharing network that was purpose-built for the healthcare industry and the unique needs of the Medicaid population, Veyo can: • rack each trip from booking to completion

with full communication and location details; • Quickly scale supply when needed, using rideshare drivers who are fully credentialed to meet all AHCCCS requirements, including federal background checks, five-panel drug tests, CPR certification, HIPAA training, ADA education, customer service training and sensitivity training; • Insert a layer of communication between the broker, the transportation provider and the member through driver and member apps; • Increase transparency for the health plan/ payer through real-time dashboards; and • Flag and reduce fraud, waste and abuse. Nearly 8,000 IDPs have taken trips in Arizona since 2015, with a current active fleet of nearly 3,000 drivers. Today, Veyo IDPs complete between 7,000 and 8,000 trips per day in the Arizona market, with an on-time rate of 95 percent and a grievance rate of just 0.02 percent — 10 times lower than the average grievance rate from a traditional provider fleet. —Stan Sipes, executive vice president of business development at Veyo (veyo.com).

Businesses: Recruit Talent Amid Tight Labor Market Over the past year, small-business owners have expressed record confidence in their local economies and many are looking for new talent as they grow. However, with the April 2019 jobs report showing the unemployment rate at a record low, and Arizona sitting at just 5 percent, it’s critical for entrepreneurs to stand out from the crowd in order to attract talent. Here are some new tactics small businesses are embracing to attract and retain top talent: Shift to a more flexible culture. Small businesses owners can capitalize on their creative freedom by offering a more flexible workplace culture. This might mean letting employees work remotely, set their own hours or switch to a casual dress code. Our surveys showed 57 percent of entrepreneurs are offering flexible hours and 33 percent are offering flexible work locations. Use social media more actively. Posting

updates and photos on social channels is another good way for business owners to market themselves to not only potential customers but also prospective employees. It would be worthwhile to consider sharing social media content that highlights the company’s culture or posting jobs so they can be easily shared. Enhance benefit packages. Salary and benefits are often the determining factors for candidates when choosing a new job. So, it’s no surprise more business owners are offering higher salaries to attract prospective employees. Before making an offer, they should make sure it’s competitive. Company culture and workplace environment matter, but without offering comparable benefits, it may be tough to secure top talent. —Lynn Searles , senior vice president – small business banking manager for Bank of America’s Arizona Market

The Healthy Arizona Worksites Program provides Arizona employers with training, technical assistance, tools and resources to design, implement and evaluate worksite wellness initiatives. healthyazworksites.org

METRICS & MEASUREMENTS

Do Employers Care about #MeToo?

Report finds nearly half of employees don’t recognize diversity and inclusion programs in their organization by Carin Van Vuuren

In the first major study of its kind to look at both the employer and individual employee perspectives on the most important issues surrounding work today, the recent Workplace Intelligence Report from Greenhouse identified troubling gaps in employerbased programs that address diversity and inclusion (D&I) and sexual harassment. According to the report, talent is often considered an important business issue, but seldom gets the time and focus it requires. While nearly half (47 percent) of CEOs surveyed felt that talent-related matters make up their most important business problems, more than half (51 percent) of managers spend merely three hours a month on people-related concerns. More startling, 37 percent spend only an hour a month on those same matters. While we’re hearing that people issues are the most pressing business challenges for companies right now, we’re not seeing that translate into meaningful change. People and talent programs require the same rigor around process and measurement that other business issues are given. Until organizations instill that same level of focus and accountability into their people programs, we will not see the systematic changes that need to happen to address the talent challenges companies face. The Workplace Intelligence Report also found a gap between what companies say they’re doing to address D&I and employees’ awareness of those measures within their respective organizations. Despite the existence of Inclusion and sexual harassment initiatives, the trust gap between employees and employers isn’t closing. For example: • While 55 percent of companies say they have a D&I program, more than 45 percent of staff-level

employees don’t know if their employer has a D&I program in place or claims their employer does not have a D&I program at all; • Of employers surveyed, merely 8 percent say their companies are addressing the #MeToo movement and less than a quarter (24 percent) are addressing sexual harassment; and • Forty-seven percent of employers say that D&I initiatives have a positive improvement on company culture, yet 48 percent of employees say their employer only handles D&I issues through grievance processes. • “Businesses are experiencing a seismic shift in the way they operate today,” says George LaRocque, founder and principal analyst of HRWins, which partnered with Greenhouse to produce the survey. “They must adapt to advances in talent tech, as well as rapidly shifting cultural and social changes in the workplace. Despite awareness of the benefits of D&I for employees and ROI, too many organizations are still approaching diversity and inclusion the same way they always have. Yet they’re expecting a different outcome.” The report surveyed more than 1,300 businesses and more than 4,000 employees in the United States and United Kingdom to analyze the most important aspects of the workplace and uncover the trends impacting it. The full version of the report tackles a number of additional topics, such as hiring and onboarding, the multigenerational workforce, employee engagement versus longevity and more. Customers will always tell us what they need. The question is, are we listening?

Greenhouse Carin Van Vuuren is CMO of Greenhouse Software, which, based in New York City and San Francisco, is the leader in talent acquisition software. Cisco Meraki, Buzzfeed, J.D. Power, Warby Parker and Airbnb are among the companies that use Greenhouse’s intelligent guidance to design and automate all aspects of hiring throughout their organizations, helping them compete for and win top talent, and is, itself, recognized as an Inc. Magazine Best Workplace in 2018 and ranked No. 2 in Crain’s New York Best Places to Work 2018. Its numerous awards include being named to the Inc. 5000 2018 Fastest Growing Companies, Deloitte’s 2018 Fast 500 North America Technology Ranking, and Crain’s New York Business Fast 50. greenhouse.io

IMPLEMENTATION OF DIVERSITY

It is in the Numbers

AND INCLUSION PROGRAMS Employers addressing

EMPLOYER ATTITUDE TOWARD DIVERSITY ANDINCLUSION IMPACT D&I ON THE No businessOF value of diversity andBUSINESS inclusion

HRWins 8%

D&I internally Employers taking any action

24%

at all against workplace sexual

A direct positive financial impact on business

harassment

I don't know

Employees claiming their employer

Improved Productivity

45%

doesn’t have a D&I program in place

Improved brand recognition

at all or not knowing if a D&I program is in place

A positive impact on work enviroment

Employees saying their employer

A positive improvement to company culture 0

100

48%

handles D&I issues through

Consistently listed as one of HR’s most influential advisors, HRWins is an independent analyst and advisory firm whose research and insights help employers and HR tech providers navigate the digital transformation of work. hrwins.com

120 processes grievance

agree other

Source: grow.greenhouse.io/workplace-intelligence

While nearly half (47 percent) of CEOs surveyed felt that talent-related matters make up their most important business problems, more than half (51 percent) of managers spend merely three hours a month on people-related concerns. grow.greenhouse.io/workplace-intelligence

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The Trade Interest •Grenoble-Isère is a major scientific center of Europe. •Seven of the area’s top 10 private-sector employers are foreignowned, and four of those are U.S.-owned. •Forty percent of its manufacturing jobs are foreign-owned, compared to 25 percent for France as a whole. •France is responsible for 7 percent of all foreign direct investment in Arizona. •The value of Arizona’s exports to France increased from $470 million in 2017 to $576 million in 2018, a growth of 20.6 percent. •The value of Arizona imports from France was nearly $690 million in 2017. •In 2017, France was the fourth-largest international employer in Arizona, with 9,850 employees, 7,250 of them in the Phoenix Metro Area, according to the Maricopa Association of Governments. •In 2017, 81 Frenchowned companies operated 201 locations in the Phoenix Metro Area, in the finance, healthcare, information technology and manufacturing industries, according to the Maricopa Association of Governments.

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Gerrit Steenblik: Strengthening Ties with Important Trade Partner As French Honorary Consul, he helped build bridges with France by RaeAnne Marsh

With fluency in the French language and experience in international law, Gerrit Steenblik was pleased to accept the office of French Honorary Consul when the French Foreign Ministry offered it to him 19 years ago. France is an important source of foreign direct investment in Arizona and Metro Phoenix. Citing data from Anubhav Bagley at Maricopa Association of Governments, Steenblik says France has moved up to fourth place in Arizona, behind the UK, Canada and Japan, while being ranked third nationally. “And this does not take into account employment by local companies that are owned by French nationals living in the U.S.,” he adds. Steenblik calls MAG “one of the best-kept secrets regarding data and opportunity for trade and investment; MAG has someone constantly analyzing data to understand where the best opportunities are for investment.” Its maps show French-owned companies, ranging in size from fewer than 10 employees to more than 500 and one with at least 1,500, scattered throughout our state but with the greatest concentration by far in Metro Phoenix. While furthering trade is not the express role of the Honorary Consul — his function is to serve the needs of the French people who are here in Arizona and to receive, host and connect French dignitaries — Steenblik explains that the availability of consular services and his efforts at the personal level make a difference to the French companies and their employees. During his tenure, Steenblik has seen growth in awareness of the business opportunities that the FranceArizona relationship offers. Phoenix became a sister city with Grenoble in 1990, thanks to the efforts of Astrid Stanfield-Pinel, whom Steenblik, who was involved in those early meetings, describes as “a dynamo.” It was neither a new idea nor a unique arrangement; Phoenix, like many cities, has multiple sister cities, and Steenblik has been involved for several years, including chairing both the Grenoble Committee and the Phoenix Sister City Commission. But the Grenoble jumelage developed differently from the standard pattern. “In its early years, the primary focus of most sister-city relationships was to promote each city as a cultural destination, a great place to visit and create friendships,” Steenblik relates. “But, with Grenoble, there was a real effort by city leaders to also look at the sister city for trade and business opportunities.” An early effort that Steenblik chaired was the business conference “Parlez-Vous High Tech?” presented at Thunderbird School of Global Management, which led to other sister city business-to-business events. Steenblik emphasizes that sister cities are not necessarily a driver of investment, “but a relationship with a vibrant international city is another attribute for building a stronger

and more diverse economy.” An example he offers of using his Grenoble sister city experience and his Consular role as a platform for developing more business connections with France has to do with the Paris Air Show, the premier air show in the world. In the early 1990s, while still wearing his Grenoble beret, Steenblik collaborated with the Arizona Department of Commerce to encourage small and mid-level suppliers and manufacturers from Phoenix to attend so they could meet with aerospace and defense companies. According to the most current MAG data from 2018, the category of aircraft engines and parts leads the list of both exports and imports between France and Arizona. “This,” says Steenblik, “explains why Sandra Watson’s team at ACA will attend the upcoming Paris Air Show again this June, as it has for the past 30 years.” He notes that shortly after Governor Ducey was elected and had a meeting with the visiting French Consul General, the Governor made France the first country he visited outside the United States in order to attend the Air Show with ACA and promote Arizona’s aerospace industry. Steenblik’s official last day as Honorary Consul of France was April 20. He is succeeded by Nathan Fidel, a native Arizonan whose background includes service in the Arizona Attorney General’s office and who has French heritage and French citizenship. As an attorney in the Phoenix office of national law firm Polsinelli, Steenblik shares that his objective now is to “leverage my contacts and experience as Honorary Consul to more actively promote trade and investment with France.” By encouraging collaboration with key players in various industries, arranging opportunities for guest speakers, and fostering collaboration with local chambers of commerce, he plans to “create more connections among businesspeople in Western Europe and get them together to promote French and Arizona business interests.” Consulate of France in Phoenix consulate-info.com/consulate/22635/France-in-Phoenix Maricopa Association of Governments azmag.gov Polsinelli polsinelli.com

A common “faux pas” in French-American business relationships, says Gerrit Steenblik, is to forget that when building consensus French employees expect and enjoy a more open and robust discussion of pros and cons, noting, “French companies welcome a vigorous debate from all parties.”.

ENTREPRENEURS & INNOVATORS

Arizona Facial Plastics – Leader in Regenerative Aging Arizona Facial Plastics specializes in regenerative aging to help clients feel and look their best. In addition to facial plastic surgery and facial rejuvenation therapies that include lasers, microneedling and a skin-care line, the company offers a platelet-rich-plasma therapy for face, skin and sexual health. Named “Me.Serum,” this prescription potion is customized for each individual client by combining anti-aging ingredients with the client’s own platelet-rich plasma. “We wanted to create a company that was founded on deep expertise in facial aesthetics and medical devices, and that used science and imaging to monitor and demonstrate results,” says Felicia Taghizadeh, CEO, who works alongside her husband, Farhan Taghizadeh, M.D., an industry veteran constantly at the forefront of new technologies and products for their clients. The Taghizadehs founded their company in October 2016, and Felicia says their biggest challenge was getting the right staff in place. “We have high standards; not only does the person need to be good at what they do, we also want staff who are excited to serve patients and who love helping clients get results. They also must be team players — we spend too much time at work to not love the people we work with.“ Aligning business decisions with a clear goal has been a core business strategy. Noting the importance of knowing what the end goal is, Felicia says, “It is easy to be pulled by fear and make decisions because of what you are afraid will happen if you do or

Net Lease REITs Come of Age In founding Fundamental Income, Alexi Panagiotakopoulos and Chris Burbach are shining a light on a sector that has delivered outsized returns over history and they feel is now big enough to be defined on the public markets.

don’t. Making fear-based decisions is a terrible way to operate a company, as your decisions are clouded, haphazard and feel energetically off.” The Taghizadehs are actively looking for ways to expand their reach in the Valley. “We hope to grow not only our core surgical and regenerative business,” Felicia says, “but also some of the ancillary services that we provide, which include working with and advising med spas.” —RaeAnne Marsh Arizona Facial Plastics arizonafacialplastics.com

Fundamental Income & Net Lease REITs Fundamental Income was founded late last year to identify and create investment strategies rooted in solid, understandable fundamentals that are expected to generate sustainable income with predictable growth. Co-founders and partners Alexi Panagiotakopoulos and Chris Burbach, the firm’s principals, have extensive experience in net lease real estate, capital markets and credit opportunities. The company’s inaugural strategy, the Fundamental Income Net Lease Real Estate Index calculated by NASDAQ, was created to help define and track the rapidly expanding publicly-traded Net Lease Real Estate sector. Fundamental Income is also the Index Provider to an ETF launched by Exchange Traded Concepts. “We started Fundamental Income with a simple view that investments with cash flows built upon identifiable underlying fundamentals, that are stable and predictable, should be worth more than those without a clear foundation or less certainty. We quickly realized there was no publicly traded index or vehicle that invested solely in Net Lease REITs and saw a void — and thus an opportunity,” says Panagiotakopoulos, explaining that Net Lease REITs have the potential to provide investment income and capital preservation in a market searching for both. “We believe this strategy offers investors broad exposure to the tangible

U.S. economy through the underlying predictable rents of Net Lease REITs. The time has come for investors to shift their focus from property appearances to results and for Net Lease real estate to stand on its own, and we created the Index to do just that, in a low-cost, transparent, tax-efficient, liquid and tradeable manner available to all investors.” One of the biggest challenges in starting and growing the company has been building awareness, defining their investment thesis and gaining traction with a very sophisticated client base. “Finance professionals, portfolio managers, investment advisors and investors across the board each have a very specific perspective and investment approach,” Panagiotakopoulos explains. “Our biggest challenge is to convince them to turn their perspective upside down and view Net Lease in a very different manner than the market, media and analysts have historically portrayed it in the past.” —Mike Hunter

Although historically viewed solely as a real estate investment, Net Lease REITs more properly identify with commercial finance companies. They do own real estate; however, Panagiotakopoulos explains that Net Lease is a conduit to corporate cash flows offering investors broad based exposure to the U.S. economy, diversified by management teams, tenant, tenant industry, property type and geography. “Our strategy,” he says, “invests in 24 publicly traded companies which, together, are over $108 billion in market cap, diversified across all 50 states, 23,000-plus properties, more than 2,000 tenants, more than 30 industries — including no more than 3.4 percent exposure to any one tenant, no more than 21 percent exposure to any one tenant industry, and no more than 10 percent exposure to any one state.” fundamentalincome.com

Fundamental Income fundamentalincome.com

Arizona is home to two of the top five largest public Net Lease REITs today and the birthplace of two others dating back to the 1990s, according to Chris Burbach, co-founder of Fundamental Income.

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PROPERTY, GROWTH AND LOCATION Don’t Sign that Lease without Verified Ventilation Performance Defined If you’re reading this, you will probably spend around 2000 hours per year breathing the air in the office for which you are about to sign that lease. This year alone, you will bring into your lungs over 900,000 liters of whatever is in the air of that cool new office space. Employee wellness programs are great for employees and employers. The ability to reduce absenteeism and pre-absenteeism (working while sick) is the right thing to do and it goes directly to your bottom line.

Phoenix Moves Up in Industrial Growth The industrial sector of Phoenix’s commercial real 2019 U.S. Industrial Pipeline – 10 Markets to Bet On estate market is in strong growth mode, according # Market Deliveries in 2019 Deliveries in 2019 to the 2019 U.S. Industrial Pipeline Report, recently Total Sq.Ft. No. of Bldgs. released by nationwide commercial real estate listings platform COMMERCIALCafé, part of Yardi Systems. 1 Inland Empire 19,727,759 74 Phoenix is the sixth most attractive market for 2 Chicago 17,948,020 63 industrial development this year, with 34 projects 3 Dallas-Fort Worth 17,816,729 57 totaling 6.5 million square feet. In comparison, last year 4 New Jersey 10,493,939 23 Phoenix took number 8, with 19 projects and 5 million square feet. The largest project scheduled for 2019 in 5 South Carolina 7,122,940 17 Phoenix is Building 1 of the TEN Distribution Center. 6 Phoenix 6,549,272 34 Owned by Pasternack Properties, it was completed in 7 Houston 5,877,099 27 January and spans 1.1 million square feet. Interestingly, 8 Atlanta 4,683,726 9 however, the report shows that the 10 largest projects in the country scheduled for 2019 all feature more than 9 Los Angeles 3,809,339 19 one building. 10 Philadelphia 2,662,130 9 The Inland Empire, Chicago and Dallas-Fort Worth are the top three most attractive markets for industrial development in 2019. Overall, 304 industrial projects, totaling 104.6 million square feet, are expected to be delivered across the U.S. this year, compared to 270 projects and 105.7 million square feet brought by developers last year. —Ioana Neamt A COMMERCIALCafé commercialcafe.com Yardi www.yardi.com

A study by Dominion that unscheduled absenteeism cost roughly $3,600 annually for an hourly worker and $2,650 for a salaried worker. Seems like a very compelling case for incorporating ventilation performance into your employee wellness program. How about requiring proof that the small particle levels in that shiny new office are measured and controlled? Have it defined in your lease; require Verified Ventilation Performance — VVP. —Tom Kolsun, a strategic accounts manager of Aircuity, Inc.

by RaeAnne Marsh

GET REAL

Appetite for Industrial One of the largest industrial developers in Southern California, CapRock Partners, has become an active player in Phoenix’s real estate market. “We see a lot of corporations and jobs leaving California for Arizona (among a few other states) and we think that’s going to continue,” says Bob O’Neill, senior vice president of acquisitions. Lower cost is one factor. Another big one is the faster permitting process, he says, noting it can take less than one year here to go through the process and get something built, compared to three to four years in California. The company, which celebrated its 10-year anniversary last month, focuses on the industrial sector with both groundup development and repositioning of existing industrial real estate “that might have functional obsolescence or challenges,” O’Neill explains. “We solve functional challenges.” A recent project is a property at 51st Street and Washington, which had been vacant for several years. Observing that chainlink fencing and barbed wire only contributed to its lack of curb

(aircuity.com) and active member of the U.S. Green Building Council . [Editor’s Note: For more on this issue, and how to solve the problem, see article online at www.inbusinessphx.com]

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51st Street (before)

51St Street (after) appeal, O’Neill says, “We added doors and windows and desert landscaping.” And upgraded the sprinklers to institutionalgrade ESFR. The building is now leased to a Fortune 500 company. CapRock is now acquiring three properties in the West Valley market and will give them, says O’Neill, “all the bells and whistles that today’s modern warehousing tenants are desiring.” Noting that the completion of the Loop 202 bypass expansion will ease access from the West Valley to the East Valley – and “unlock the benefits of this location” – O’Neill points out that with the Loop 202 – and 303 – areas that were once considered outskirts “are now infill real estate.” CapRock Partners caprock-partners.com

The largest industrial project scheduled for 2019 in Phoenix is the 1.1-million-squarefoot Building 1 of the TEN Distribution Center, which was completed in January.

Photos courtesy of CapRock Partners (bottom)

Systems concluded

YOUR BENEFIT IN BUSINESS

WELL WELL WELL

Data and Analytics for the Right Care to the Right Patients at the Right Time Data and analytics are the operative words in healthcare. The challenge is no longer getting information but, rather, figuring out what to do

Mental Well-Being Has Workplace Value

with it. Arizona Care Network has found a way to harness Big Data to help its nearly 6,000 physician partners prioritize care for patients who need them the most. ACN developed a proprietary algorithm to stratify patients according to their health status — from Healthy to Risking Risk and from Chronic Conditions to High Risk and Catastrophic Acute Need — and then working with providers to coordinate care through an innovative program called N Compass. The goal is to deliver the right care to the right patients at the right time. Consider the “Rising Risk” patient recently diagnosed with diabetes. As part of ACN’s population health strategy, this individual can learn how to proactively manage his condition, get reminders for screenings and receive periodic check-in calls to ensure his disease is in under control. “High Risk” patients may receive special attention in select situations as well. For example, when a patient faces physical limitations to visit the physician’s office after a complex transitions event, ACN providers can make house calls or arrange a face-to-face visit with a registered nurse care coordinator or a social worker to alleviate access-to-care barriers. The program empowers patients to play an active role in their health, arms physicians with an information-rich summary on their patients’ conditions that they would not otherwise have, and is designed to positively impact clinical outcomes while reducing overall cost of care. Accountable care organizations like ACN were created expressly for this purpose — to help busy physicians and health systems coordinate care for patients as a means of delivering the best possible care and limiting unnecessary healthcare spending. A thoughtful strategy that looks at the larger population while delivering care one patient at a time, delivers on this promise.

—Mark Schippits, M.D., chair of Kaufman Hall, chief medical informatics officer at Arizona Care Network (www.azcarenetwork.org), a physicianled and governed accountable care organization

owned by Dignity Health and Abrazo Community

Creating a work environment that fosters employee productivity is forefront in the minds of many employers I work with in the Phoenix area. While productivity is important, how employers approach it can be different. A holistic approach to employees and their well-being can help create a more productive workforce. Mental well-being plays a significant role in an individual’s ability to manage emotions and stress that can fuel unhealthy eating habits and a sedentary, inactive lifestyle. In fact, according to the American Institute of Stress, 75 percent of employees today have more on-the-job stress than a generation ago, around 50 percent of American workers say they need help managing workplace stress, and more than half say they spend nearly 12 hours a day on work-related duties and skip lunch because of job demands. Additionally, 34 percent reported problems sleeping at night and 12 percent have called in sick solely because of job stress. To put some more numbers behind that, the Integrated Benefits Institute (which represents major U.S. employers and business coalitions) says poor health costs the U.S. economy $576 billion a year. Of that, 39 percent (or $227 billion) is from “lost productivity” from employee absenteeism due to illness or what researchers call “presenteeism” — when employees report to work but illness keeps them from performing at their best. The American Institute of Stress says employees calling in sick due to stress has nearly tripled from 1996 to 2000, and is estimated to cost employers $660 per worker per year. I think we can all agree that no employer wants to lose that kind of money or productivity. And all employers should want their employees to come to work happy, healthy and able to provide their best work. It’s vital to address both the mental and physical aspects of wellness to truly improve the whole health of a person. It’s obvious that the issues themselves are intertwined, so the workplace culture should encourage maintaining health habits in both. So, how do you do that? Well, there are a

number of ways to encourage employees to take care of themselves. Employee wellness initiatives are no doubt an important part of that. I read an article several months back in Forbes that provided the following 10 tips: • Provide healthy office snacks • Get your team on their feet • Launch a step competition • Practice gratitude • Make your office pet-friendly • Sponsor guided meditation • Host a cooking class • Bring the outdoors inside • Host an anxiety workshop • Host a comedy show Some of these may be a bit beyond what an individual workplace would feel comfortable doing, but the thought behind each of them ties right back into employee wellness — physically and mentally. Holmes Murphy’s role in helping companies help their employees with both mental and physical well-being comes in the form of ACAP Health’s (subsidiary of Holmes Murphy) Naturally Slim program. This program has resulted in many success stories from participating companies, which is about retraining one’s brain and one’s body and taking care of oneself above anything else. The following results prove employee programs can produce a healthier workforce: With Naturally Slim, 55 percent of participants reversed their diabetes risk and 7 percent of participants reversed their metabolic syndrome. The physical and mental health of a business’s employees really does impact its bottom line, so businesses should make sure to mind both. —Jeff Kirke, vice president of employee benefits at the Scottsdale office of Holmes Murphy (www.holmesmurphy.com), a privately-held insurance brokerage whose focus is providing the cumulative knowledge and experience that make insurance and businesses work better

Health Network

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Using Big Data, Arizona Care Network developed a proprietary algorithm to stratify patients according to their health status – from Healthy to Risking Risk and from Chronic Conditions to High Risk and Catastrophic Acute Need. azcarenetwork.org

INNOVATIONS FOR BUSINESS

TECH NOTES

by Mike hunter

Putting Real Estate Transactions in Hand HomeSmart International, continuing to build its arsenal as a technology-powered real estate franchisor, recently launched its RealSmart Agent Mobile application in the iTunes app store and on Google Play. The app offers functions similar to HomeSmart International’s web-based tool RealSmart Agent, developed by the company to manage all aspects of its agents’ business on a single platform. “Time is the most valuable resource to our agents, and, with the RealSmart Agent Mobile app, we’re able to help them maximize how they use it,” says Wendy Forsythe, COO of HomeSmart International. As is the case with all other HomeSmart proprietary technology, the application was written entirely in-house and integrated directly into HomeSmart’s extensive technology platform — which has been augmented with numerous new products this year alone.

homesmart.com

True Food Scores Win-Win with Brand Engagement App True Food Kitchen has launched “True Insider,” a loyalty program and custom-branded app designed to be a more personalized and customizable brand engagement program serving up unique rewards and exclusive experiences. True Insider will integrate directly with the restaurant’s new digital ordering platform, allowing guests to order and pay online, make reservations, manage their account and earn and redeem rewards at any of True Food Kitchen’s 27 locations nationwide. Benefits run both ways, as True Food Kitchen CEO Christine Barone explains: “The platform will also give rise to some rich data that will help us understand what motivates our guest on an individual level so that we can fine tune our offering and engage with each of them in a more personal and meaningful way.”

truefoodkitchen.com

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IT Managed Services Provider’s Local Touch Furthers Global Presence Phoenix has seen significant growth in recent years, in large part thanks to the growing technology market. Logicalis — a managed services provider with U.S. headquarters in New York and global headquarters in the UK — has capitalized on Phoenix’s growth, which parallels our growth as a company. Ranked sixth on CBRE’s list of new beneficiary markets, Phoenix offers an international company like Logicalis a ready pool of tech and STEM-educated talent and a welcoming tech business environment. And it’s quickly becoming an innovation hotspot. I lead Logicalis’s U.S. sales teams, as well as all other customer-facing roles — including marketing, supplier, technical, and professional services — from right here in Phoenix. It has been an exciting journey as we have capitalized on our regional presence to help strengthen our go-tomarket strategy and better meet our commitment to provide a foundation for continued growth and value for our customers. We adopted a new approach to drive focus and alignment around Logicalis’s core partners and markets. We made strategic investments in cloud, security and IoT and analytics. And we’ve made focused investments in the healthcare, manufacturing, and government and education sectors. These investments — along with our growing services portfolio — have driven IoT innovation in manufacturing through new partnerships, transformed classrooms at a leading university into next-generation collaboration centers, and enabled clinicians to drive better patient outcomes through seamless communication. Our job is to not only meet the fast-changing technology needs of our customers, it’s to take a highly consultative approach to their business issues and deliver the outcomes they seek. As a result, our team continues to receive industry recognition as a top-rated managed services provider. In the last year, we were: • Named to the industry standard list (CRN Solution Provider 500) recognizing the most successful solution provider companies in the channel for the seventh consecutive year; Recognized for the sixth consecutive year as a North American solution provider (CRN MSP 500 Elite 150) with cutting-edge approaches to delivering managed services;

• Recognized as a company that has differentiated itself by attaining high levels of technology partner certifications and partner program levels (CRN Tech Elite 250); • Ranked No. 10 among the world’s most strategic and innovative managed service providers (Channel Futures 11th annual MSP 501 Worldwide Company Rankings); and • Honored to have two Logicalis executives — Vice President of Cisco Solutions Renae Johnson and Director of International Sales Laura Vaupel — named to the CRN 2018 Women of the Channel list for their customercentric leadership. These awards don’t just give us bragging rights; they provide independent proof of our ability to deliver the most innovative and effective IT solutions, together with the highest standards of customer care, both locally and globally. And, while we appreciate the recognition, it’s never as good as seeing our customers succeed. Logicalis has also been regularly recognized by our key partners, such as Cisco; we were one of only five Cisco partners in the world to achieve elite recognition as a Cisco Global Gold Partner, and were among the first to earn the inaugural Cisco IoT Authorization. These and other achievements mean our partners trust us to bring our global and regional expertise to serve customers in any market around the world. At the end of the day, our partners and customers will continue to invest in nextgeneration technologies and services. We look forward to adapting our strategies and services to meet their needs, tying together our regional presence with our global strength to provide the best personalized solutions for our customers — from right here in Phoenix. —Mike Houghton, president of Logicalis U.S. (http://www. us.logicalis.com), an international IT solutions and managed services provider

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LAW MATTERS TO BUSINESS

Employee or Independent Contractor? It’s important that employers understand the difference. by Helen Holden

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Helen Holden serves as Of Counsel for Spencer Fane LLP in the firm’s Phoenix office. With more than 20 years of experience, she helps businesses understand how successfully navigating the alphabet soup of federal and state employment laws can positively impact company culture. spencerfane.com

JUNE 2019

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Imagine this: A business having difficulty attracting and retaining talent posts a job on its website and publicizes the opening on social media. Then, the post is viewed thousands of times, and hundreds of users comment. This sounds like a good outcome — except that the reason the post went viral was that the job was for a “fulltime freelancer,” and users began criticizing the company for misclassifying its workers and not providing benefits to full-time workers. The social media users who chastised the company were not the only ones interested, as regulators also jumped in and expressed interest in the company’s labor practices. Although this story ended soon after it began, when the company clarified that it sought a full-time employee, the anecdote illustrates an important point. At the heart of the social media controversy is a rise in alternative work arrangements, such as freelance work, over the past several years. These arrangements have included an increase in classification of workers as independent contractors. Some workers find these engagements attractive, allowing them to make their own schedules or pursue educational opportunities while they work. For others, however, the alternatives may result in lower wages, a lack of benefits or undesirably inconsistent schedules. As a result, even small businesses have become embroiled in lawsuits over the issue, including some class action lawsuits. The issue is hard to get right because it is not always enough to have an individual agree to independent contractor status. In fact, many employers have learned that their agreements do not foreclose litigation. Moreover, state and federal governmental entities will make their own determinations about whether the worker is appropriately categorized. These include the Internal Revenue Service, the Arizona Department of Revenue, the Arizona Department of Economic Security, the U.S. Department of Labor Wage & Hour Division, the Equal Employment Opportunity Commission and the Arizona Industrial Commission, to name a few. With this many governmental entities looking over the shoulders of employers, it is critical to tread carefully in this area. Overreaching in treating those who are truly employees as contractors can be costly, as improperly classifying an employee as an independent contractor can result in significant liability, including personal liability for owners and managers. The end result of an audit or governmental investigation may include payment of back wages, liquidated damages, penalties, taxes, interest and fines. Companies that misclassify workers may also face audits from their workers’ compensation insurers, which can result in substantial premium assessments. In short, the cost of misclassification is significant.

The legal landscape in this area adds to the confusion because each statutory or regulatory scheme that addresses the issue may have its own criteria to be applied. For Arizona businesses, the two most significant of these are the “economic realities” test and the “right to control” test. Most business owners are somewhat familiar with the “right to control” test, which is applied in many tax-related contexts and looks at factors such as whether the worker supplies his or her own supplies, tools and equipment and whether the worker is free to work whatever hours are required in order to complete the work. In contrast, the economic realities test, which is applied in the context of minimum wage and overtime laws, focuses on whether the individual is economically dependent upon the business. A number of factors are commonly addressed by the courts when applying the economic realities test, including whether the service is an integral part of the company’s business; the degree that the company has the right to control and does control how the work is to be performed; the individual’s opportunity for profit or loss; the longevity and permanence of the arrangement; and the individual’s investment in materials, equipment or the assistance of others to perform the services. The challenges of the legal landscape do not mean that companies should always avoid utilizing independent contractor relationships. The complex nature of the area does mean, however, that businesses should carefully analyze the challenges presented and their approach to compliance in this area.

One way to minimize the risk of class action lawsuits from employees is to enter into carefully drafted arbitration agreements. In a 2018 case, the U.S. Supreme Court upheld the validity of class action waivers contained in employment arbitration agreements. That holding has been extended by at least one federal appellate court to those who enter into independent contractor agreements.

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by RaeAnne Marsh usinesses now operate in a fastchanging world. Technology may

by RaeAnne Marsh

for this, but legal issues also present in a kaleidoscope of local, regional, national and international regulations; public awareness and mobilization; and operational changes.

A few areas where this is felt that are of common concern across industries are employment, intellectual property, global commerce, privacy and data security, and finance. For an overview of “what businesses need to know,” In Business Magazine turned to attorneys who specialize in these practice areas. Even a brief exploration in these topics requires more space than this print edition permits. Readers are encouraged to access our online version at www.inbusinessphx.com.

GLOBAL COMMERCE

One of the most volatile areas of commerce for businesses here — especially with the current political situation — is global trade, and Melissa Proctor, a principal with Miller Proctor Law, notes, “We continue to see fast-moving developments on the global trade front that may significantly impact imports and exports.” The most recent examples involve the increases in tariffs on China, the possibility that Congress may refuse to enact the newly negotiated U.S.-MexicoCanada Agreement (USMCA), and whether the World Trade Organization’s moratorium on electronic transmissions will be eliminated. “These developments would have a swift and profound impact on U.S. companies engaged in overseas sourcing, marketing and e-commerce activities,” Proctor says. Increased Tariffs On China – And A Looming Deadline There is a short deadline for businesses to make their voices heard. Shares Proctor: “On May 13th, the office of the United States Trade Representative issued a request for public comments on the proposed imposition of tariffs on new group of Chinese goods valued at $300 billion. Those tariffs would impact nearly 4,000 HTSUS (Harmonized Tariff Schedule of the United States) classifications covering goods including textiles, apparel and footwear; however, the tariffs would not be applied to items including pharmaceuticals, medical devices and rare earth metals. A public hearing is scheduled to be held in Washington, D.C., on June 17th. The deadline for submitting written comments to USTR is June 17th, and requests to participate in the hearing are due June 10th.” Proctor’s synopsis of and background on the situation is presented more fully in the online version of this article (at www.inbusinessphx.com).

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Proctor urges companies impacted by these tariffs to submit exclusion requests to the USTR, revisit their current tariff classifications and assess whether alternative classifications may be lawfully used for their imported products. “It is likely that U.S. Customs and Border Protection (CBP) will scrutinize tariff classification changes; therefore, importers are urged to perform detailed classification analyses, document their findings, consult with customs counsel if needed, and consider submitting binding ruling requests to CBP. If a company changes its tariff classifications, it should also consider filing a prior disclosure with CBP, since such a change effectively indicates that the previous classifications used were not correct — those errors constitute violations of the U.S. Customs Regulations.” U.s.-Mexico-Canada Agreement – Yes Or No? Daniel Arana, a partner in the Nogales office of law firm Fennemore Craig, points to the United States-Mexico-Canada Agreement as one of the biggest issues that could impact global trade in 2019. “Sometimes referred to as the ‘New NAFTA,’ this new agreement is intended to replace the North-American Free Trade Agreement,” he says, but notes, “While the agreement was signed on November 30, 2018, by the countries’ three leaders, it still faces a long road to approval by the United States, Mexico and Canada. “The proposed provisions in the USMCA,” Arana continues, “include a wide range of changes from NAFTA, largely related to labor rights, intellectual property and digital trade — all having the ability to impact businesses in the U.S.” Arana’s insights and summaries of what businesses need to know on these points are part of the online version of this article (at www.inbusinessphx.com). Proctor explains why the NAFTA (and, therefore, the USMCA) is critical to Arizona’s economic growth and future job forecasts. “Arizona’s exports to Canada and Mexico increased by over 300 percent since NAFTA’s entry into force in 1995, and Canada and Mexico are currently Arizona’s largest trading partners. Arizona’s agricultural sector advocates that the USMCA allows agricultural products to be traded more fairly and expands exports of U.S. products to Canada and Mexico. Further, nearly 260,000 jobs in Arizona rely on trade and investment with Canada and Mexico, with tourism serving as a significant driver of Arizona’s overall economic success — roughly 900,000 Canadian tourists and 3.5 million Mexican tourists visit Arizona annually.”

In spite of its nickname as the New NAFTA, there are significant differences between provisions in USMCA and NAFTA. Arana notes that the impacts to labor, intellectual property and digital trade are just a few of them. Therefore, he says, “I encourage U.S. companies that do business with Canada and Mexico to familiarize themselves with the USMCA, follow the debate around the final agreement, and contact their legal counsel to better understand how USMCA could impact their business and what steps are needed to ensure compliance.” And Proctor suggests, “Companies should also consider how a potential withdrawal from the NAFTA by the United States could impact their supply chains, sourcing decisions, and markets visà-vis Canada and Mexico, and begin thinking of the significant adjustments that will need to be made.”

PRIVACY AND DATA SECURITY

The internet figures into another of the key areas of common business concern: data security and privacy. Of these related topics, concerns about privacy issues are supplanting data security. Says Kim Phan, a partner at Ballard Spahr, “While data security was the hot topic a couple of years ago in the wake of major data breaches at Target, Sony and Equifax, the new hot topic is privacy — and, unlike data security, where companies could look to their IT departments for help, many companies do not have internal privacy capabilities.” Data privacy is also more of a policy and legal question, whereas data security is more of a technical question regarding physically protecting information, points out Laura Rogal, a partner at Jaburg Wilk. Says Rogal, “Fair information practices are the tenets of privacy law. These policies speak to not just direct personal information, like social security numbers and credit card numbers, but also indirect information that, when combined properly, could create an identification of an individual. When we talk about data privacy, this is the information we seek to protect or, at the very least, identify and guide policy toward reasonable accommodations between privacy and acceptable use.” The General Data Protection Regulation, a law out of the European Union that went into effect in May of last year, made its impact felt by non-EU countries (e.g., U.S. companies) as well, as its broad language could be construed to include companies whose website does or potentially could reach into those EU member countries. Broadly speaking, GDPR seeks to address the

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rights of individuals with respect to their choice in having data about them collected and their consent of what data is being stored and how that data can be used. A similarly focused law — putting an emphasis on privacy notices, consumer choice and consumer access to data — was recently signed into law in California and is set to go into effect in January 2020. “The California Consumer Privacy Act is a sea change in U.S. privacy law, as evidenced by the varied copycat state laws across the country,” says Phan, adding, “The CCPA requirements could motivate Congress to finally enact a comprehensive privacy law” like the GDPR. One of the things that new data privacy laws is doing, Rogal points out, is forcing businesses to re-evaluate the information lifecycle — the collection, use, retention and disclosure of data. “It has caused companies to look at what data they’re collecting and storing, and why it’s being stored. Many privacy advocates have suggested going on a ‘data diet’ to retain data only as long as required, as opposed to storing everything simply because doing so is reasonably inexpensive. Another across-the-board change that we have seen is companies engaging in much more stringent password and access control policies.” These new laws and proposed regulations are encouraging a privacy-by-design concept during the development of new products and systems, as well as the evaluation of current business programs. “The pressure is on companies to be better about conspicuously advising consumers what to expect when they provide information to the business,” Rogal says. Phan suggests companies should be setting aside sufficient manpower and resources to act when further guidance from the California Attorney General is released, as well as mapping the personal information held in their systems, reviewing and revamping their internal policies and procedures, and renegotiating their vendor contracts. Mincing no words, Rogal says, “Education is key to being compliant with the GDPR, the CCPA, and any state law that may apply to your business. If you don’t know these laws, you need to hire someone who does.”

INTELLECTUAL PROPERTY

Data Analytics Patents, trademarks and taboo trademarks are intellectual property concerns. Legal efforts in this area are being profoundly impacted by

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technological advances in data analytics. Comparing where we are now with where we have been, Lee Fraley, a partner at Snell & Wilmer, says, “Clients have often relied on their attorneys to predict the chances of success in a particular matter. In the not too distant past, attorneys were left to their own creative devices to gather information about judges, arbitrators, examiners and other decision makers to generate these predictions.” These investigations were sometimes conducted through email communications; more often, however — due to sensitivities of memorializing certain statements in writing — attorneys resorted to telephone or other direct discussions with colleagues who had prior experiences with such decision makers. “Even then,” he says, “the input and information was anecdotal and subjective, rather than an exact science.” With the proliferation of public information on the internet, attorneys began to conduct further diligence through online research. “But data was limited in quantity and reliability, and compiling research for individual matters was time consuming.” Then “Big Data” came along. Making an analogy to sports in the “Moneyball” era — when sports teams of all sizes began using data analytics to make personnel decisions, Fraley says the legal profession has begun to take advantage of “Big Data” analytics tools offered by third parties. “These tools allow attorneys to view trends in how individual decision makers rule, improving their ability to predict outcomes and even guiding attorneys as they formulate legal theories and strategies for their clients.” How is all this impacting patents and trademarks? What’s happening with taboo trademarks (ones deemed disparaging or scandalous)? Fraley offers details and examples that can be viewed in the online version (at www. inbusinessphx.com). Trademarks – Changes for Fringe Businesses Changing attitudes in society are raising issues in trademarking certain products. Christina Noyes, a partner at Gust Rosenfeld, addresses a few of these. “From a public movement standpoint, the recent changes in states approving marijuana use for recreation — in addition to the more accepted use for medical ailments — is causing a potential ripple effect in the intellectual property word and in related businesses,” she says. At the federal level, the United States Patent and Trademark

Office will refuse registration where the mark or the identified goods or services are unlawful because actual lawful use in commerce would violate the Controlled Substances Act. But there may be some change at the state level. “With the legal use of cannabis or marijuana products and related goods in many states, state departments may be more likely to grant state trademarks for a broader variety of cannabis related products and services.” The issue has implications for franchising, a business model that relies heavily on a protected trademark or trade name, now that the franchising industry is starting to see cannabis franchising models emerge and be offered for sale. Noyes notes, “There would be significant risks of investing in a franchise model that has to rely on the lesser protection of state trademarks and which has significant challenges from the continued federal law violations.” She points out that, in this area, even banking is difficult due to federal regulations. “However, given the amount of money that is seemingly being generated by this industry, many people are interested in capitalizing on this concept in some manner,” she says. “On the upcoming front, the U.S. Supreme Court agreed to hear arguments on whether a clothing brand with a spelling that is only profane when pronounced may be federally trademarked.” Noyes explains that the USPTO has denied prior applications on the grounds that the words are immoral or scandalous matter, which is an “absolute bar to registration” under Section 2(a) of the Trademark Act and Section 1203.01 of the Manual on Examining Procedure. However, she notes, even the Manual acknowledges that meaning is determined by the context of the current attitudes and the current market — and the owner claims the need for federal protection to protect against knock-off brands and, furthermore, claims that failure to permit registration is an unconstitutional violation of the First Amendment free speech rights. The case is anticipated to be decided in the summer. “If permitted,” Noyes observes, “businesses might have more protections than before for ‘off color’ products that could appeal to a younger consumer.” Trademarks – Changes for More Regular Business Interests Procedural changes promise to streamline some of the official paperwork businesses

JUNE 2019

have to deal with: The Arizona Secretary of State has fully implemented its online filing process for Trade Names and Trademarks. But Noyes cautions businesses with existing registrations that are up for renewal to familiarize themselves with the process. “We would recommend that a business leave sufficient time for the learning curve. While certain aspects are easier, the execution and payment process is more complicated,” Noyes says. “For example, payment is not accepted until the application is reviewed. A second step is required to complete payment, and business owners will need to monitor emails after filing in order to complete the process. “Further, for new filings, the ‘proofs of use’ must meet very specific requirements, and it may be more likely that an application is initially rejected. Once rejected, a business owner must create a new application with the corrections and resubmit.” Noyes encourages businesses to review the Arizona Trade Name and Trademark Handbook, which is available online at the Secretary of State website, to minimize the rejection possibility. In this case, as with the payment process, she emphasizes that “without careful monitoring of the response emails to refile, it is easy to overlook the rejection and not realize that the application for renewal or registration was not initially accepted.”

EMPLOYMENT AND PERSONNEL

Overtime Eligibility Change A rule proposed by the Department of Labor this past March would make more than a million more American workers eligible for overtime starting in January 2020. Explains John J. Balitis, a partner at Jennings, Strouss & Salmon, “The proposal would increase the minimum salary requirement for an employee to qualify for an overtime exemption from the current $23,660 per year to $35,308, provided the employee performs certain duties that are defined and that will remain unchanged if the proposal becomes law.” The change may not happen quickly, but businesses should be aware of what’s happening — and may wish to add their input. The proposed rule is subject to a 60-day public comment period, then, after considering the comments received, the DOL will prepare final regulations for publication. “This entire process can take years to complete, but in some instances has taken as little as a few months,” Balitis says. “The last time the DOL proposed changes to the overtime rules in 2003, it took almost 13 months to issue final regulations.” Payroll may also feel an impact from another quarter. Says Balitis, “The #MeToo movement continues to sustain momentum through ongoing efforts to promote greater workplace equality. One example of this trend is evident in a late April 2019 federal court ruling that has accelerated expanded pay reporting requirements for federal contractors and businesses with more than 100 employees.” The ruling arises out of a lawsuit filed by public-interest groups against the Trump-era Office of Management and Budget that put on hold expanded pay reporting requirements developed during the Obama administration, Balitis explains, and notes the ruling includes a September 30 deadline for covered companies to submit pay data that must include much more detail than what was previously required. “These developments will impose obvious burdens on employers,” says Balitis. Businesses will have to decide, for example, whether to raise the pay of some workers in order to maintain their overtime exemptions or, in deciding to give up exemptions, regulate overtime work while leaving

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current salaries intact. “Which approach an employer opts to take will have morale implications for workers.” There is an urgency to this, Balitis points out. “Unlike the overtime exemption issue, the pay data reporting requirement leaves employers with no options and very little time. The new reporting details are burdensome, and not only will they be a challenge to fulfill by the end of September, but will be costly do to so.” Balitis advises employers to consult with counsel to address these developments in ways that best suit particular business needs, as one solution won’t work for all employers. For instance, some businesses may want to engage third-party vendors to collect and organize pay data if internal resources are insufficient to meet the deadline. It’s also important that employers inform themselves on how the reporting requirements have changed so that this round of data meets muster. “With respect to overtime exemptions, employers are well advised to educate their workers about why changes are being made,” he says, noting, “Employees often are skeptical when they are reclassified from exempt to hourly, with concerns focusing on whether back overtime is due because of an historical misclassification.” #MeToo Reverberations According to Helen Holden, a partner with Spencer Fane, the EEOC is expected to issue revised — and “long-awaited” — harassment guidance in the next couple of months. “In the interim,” she says, “we are seeing an increase in internal complaints of harassment and discrimination.” Because of the increased awareness of discrimination and harassment issues by employees, she suggests employers continue with pro-active efforts to ensure respectful workplaces and train managers to address issues before they fester. Saying, “Workplace culture matters!” Holden recommends all employers have robust anti-discrimination and harassment policies, and provide regular training to managers and employees alike about what a respectful culture looks like. “Pro-active, positive training can be an effective tool to manage issues. When issues do arise, companies should be prepared to investigate promptly. Allegations should be taken seriously and investigated, and recommended corrective action should be implemented.” Discussing another impact of the #MeToo Movement, Simone Raess, an attorney at Snell & Wilmer, observes, “With the greater awareness and impact of the #MeToo Movement in the workplace, an unfortunate response from some men has been to limit their interaction with female colleagues.” While acknowledging that the desire to avoid conflict is understandable, she cautions, “Limiting interaction with female colleagues, particularly if they are subordinates, can fuel potential discrimination claims rather than avoid them.” It’s an evolving situation, and Don Johnsen, a partner at Gallagher & Kennedy, offers perspective for the changes. “Under current law, most cases of alleged sexual harassment in the workplace turn on whether the particular conduct at issue was objectively ‘offensive,’ and on whether the employer took ‘timely and appropriate remedial action’ to address the conduct,” he says, observing that the #MeToo movement is likely to affect courts’ consideration of both of those factors. Johnsen notes that, for decades, many courts have been hesitant to conclude that particular levels of behavior could be truly “offensive” enough to constitute unlawful “sexual harassment.” “Many courts, that is, have dismissed claims over conduct that, while objectionable, they view

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as really only ‘petty.’” He believes the #MeToo movement has heightened public awareness of workplace harassment issues, and has the likelihood to drastically change courts’ perceptions of what is truly “offensive.” A related attitudinal issue is the courts’ long-held mindset that employers are not necessarily required to terminate workers who have engaged in improper behavior, but rather that it usually is sufficient to take some other remedial action to prevent the conduct from recurring, such as some form of discipline short of termination. “The #MeToo movement is likely to generate a significant change in the public perception of what remedial action is ‘appropriate’ in any given situation,” Johnsen says. “Courts may be more likely to conclude that termination is the only way to truly validate a stated policy of ‘zero tolerance’ for wrongful harassment.” And Other Social Waves #MeToo is arguably the highest profile of social movements sweeping the country, but Johnson points out it is hardly the only one as communication via social media continues to expand at a breakneck pace. “Consumers have more and more choices of social media platforms, and providers continue to refine their offerings to attract a bigger slice of each new generation of users,” he says. One product of that continued expansion he points to is the increasing likelihood of employees discussing their working conditions on social media, whether among themselves or with the public at large. He calls special attention to two particular legal consequences of those kinds of communications. “First, owners need to recognize that communications via social media can create a ‘hostile working environment’ for employees who are the subject of such posts and messages. A business is not insulated from liability for ‘workplace harassment’ simply because the conduct is taking place online, after hours and off site; if the conduct is having an effect on the environment at work, the employer has a responsibility to step in. “Second, business owners also need to be wary of disciplining workers who express criticism of ownership or management in social media posts or messages. Under the National Labor Relations Act, workers have the right to communicate among themselves concerning the terms and conditions of employment. Workers also have the right to engage in activity ‘in concert’ with each other to advocate for change in the workplace. Under certain circumstances, an employee’s social media post about working conditions might constitute just such ‘protected concerted activity,’ and an employer who disciplines or discharges a worker because he or she has exercised that protected right commits an ‘unfair labor practice.’”

FINANCE

The New 10-year Judgment Renewal Statutes Arizona’s judgment renewal statutes were recently amended to extend the enforceable lifespan of Arizona judgments from five to 10 years. Explaining the impact of this change, Joe Cotterman, a partner at Gallagher & Kennedy, says, “Like a statute of limitations for filing a lawsuit, a judgment in Arizona has a lifespan during which it can be enforced, unless it is renewed just before it expires. As a result of the recent amendments, any judgment entered on or after August 3, 2018 — and, most likely, prior judgments that were unexpired and enforceable on that date — are now enforceable for 10 years from the date they were entered, and can be renewed again and again just before the end of successive 10-year periods.

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When assessing whether a judgment is alive and enforceable, or dead and gone, it’s important to keep in mind the new time period concerning the judgment and any renewals of it.” The Relation of LLCs to Member Transactions There are changes in store on statutes governing LLCs. Discussing credit and judgment, Cotterman points out that an individual borrower’s financial statement, although accurate, may not accurately reflect his situation when it comes to creditworthiness and recourse for collection. “The individual may be the exclusive but indirect owner of valuable assets which can be unavailable to satisfy a judgment if he defaults,” he explains. To illustrate this situation, Cotterman offers the following example: A lender makes a loan to Mr. Entrepreneur, who is a member (perhaps the sole member) of an LLC that owns a parcel of valuable undeveloped land. Mr. Entrepreneur defaults; Lender obtains a judgment against him and seeks to enforce it. However, the valuable parcel of land owned by Mr. Entrepreneur’s LLC is likely immune to lender’s judgment enforcement efforts against Mr. Entrepreneur. “The LLC that holds only nonrevenue-generating investment property typically won’t make distributions to members until the property is sold,” Cotterman says. And an “exclusive remedy” phrase in the statute means “Mr. Entrepreneur’s judgment creditor can’t seize his membership interest and break up the LLC or get to its assets the way a creditor of a shareholder or a partner can sometimes do to a corporation or partnership. Moreover, a voluntary assignment of Mr. Entrepreneur’s interest in the LLC assigns only his ‘transferable interest’ — that is, his right to receive distributions. Such an assignment is merely a voluntary means by which a lender can acquire the same distribution rights that the charging order attaches in the forced collection scenario.” Change can come from many quarters — through new regulations, new court decisions or public outcry. It’s a never-ending task for businesspeople to understand the impact and formulate the best plan to deal with it. In Business Magazine greatly appreciates these attorneys for sharing the expertise of their practice areas. Ballard Spahr L.L.P. ballardspahr.com Fennemore Craig, P.C. fclaw.com Gallagher & Kennedy gknet.com Gust Rosenfeld, P.L.C. gustlaw.com Jaburg Wilk jaburgwilk.com Jennings, Strouss & Salmon, P.L.C. jsslaw.com Miller Proctor Law P.L.L.C. millerproctorlaw.com Snell & Wilmer L.L.P. swlaw.com Spencer Fane L.L.P. spencerfane.com

JUNE 2019

INNOVATIONS FOR BUSINESS

It’s Risky Out There without Digital Policies

Digital policies are the ticket to the tech revolution by Kristina Podnar

Kristina Podnar is a digital policy innovator. The principal of NativeTrust Consulting, LLC, she has worked for more than two decades with some of the most high-profile companies in the world and has helped them see policies as opportunities to free the organization from uncertainty, risk and internal chaos. Podnar’s approach brings in marketing, human resources, IT, legal, compliance, security and procurement to create digital policies and practices that comply with regulations, unlock opportunity, strengthen the brand and liberate employees. The author of The Power of Digital Policy: A practical guide to minimizing risk and maximizing opportunity for your organization, Podnar has a Bachelor of Arts in international studies, an MBA in international business from the Dominican University of California and is certified as both a Change Management Practitioner (APMG International) and a Project Management Professional (Project Management Institute).

Almost every day, somebody makes headlines for a digital misstep: a data breach, an inappropriate comment on social media, online content that cannot be used by individuals with disabilities, etc. If you’re like a lot of business leaders, you may think, “We would never do that.” But unless you’re a one-person business, your good intentions aren’t enough to prevent someone else in your company from making an embarrassing — and potentially costly — mistake. The only way to accomplish that is to have a sound digital policy program — guidance that spells out exactly what your company’s employees can do, must do and must never do online. What should a company’s digital policies cover? The last time I tried to answer that question, I ended up writing a book. But to put it simply, a business’s need for digital policies depends on things like the size of the business, whether it operates internationally or only in the United States, the business sector, etc. However, there are some policies that are not optional; they apply to everyone. A few such policies are: • Accessibility • Security • Privacy • Regulatory/Compliance Let’s start with accessibility and take a look at what a basic digital policy might look like. Accessibility Courts have ruled that the Americans with Disabilities Act applies to digital spaces as well as to physical ones. That means that a business’s website, apps, etc., must be usable by people with vision, hearing or other challenges. First, the website should include a statement that expresses the business’s commitment to accessibility and provides contact information for people who experience difficulties while the business is working toward that goal. Actually achieving accessibility means making some specific changes to the site’s current digital properties, as outlined in the sample policy below: Sample policy: “Our company is committed to making our digital properties accessible to everyone. To achieve that goal, all of our digital content must meet these minimum guidelines: • All videos will include captioning.

• All images will include descriptive alt-tags. • All content will be navigable by someone using only a keyboard.” That’s a basic accessibility policy. But how does a business make sure that the employee creating a new blog post or email copy knows and follows the rules? Ideally, businesses want to make it easy to follow the rules; they try to avoid complex processes that make employees’ jobs harder. For very small businesses, putting sticky notes on employees’ monitors might do the job just fine. For my larger clients, I recommend taking advantage of technology to incorporate policy compliance into the content creation process. One option, for example, is configuring the content management system to include a checklist that content creators must complete before they can press “Submit”: • Does this piece of content require an accessibility statement? (A blog post on an existing page may not, for example.) If so, have it been included? • If this piece of content includes video, has captioning been provided? • If this piece of content includes images, have descriptive alt-tags been added? Once the employee confirms that all those requirements have been met, the content can be submitted. Now, let’s move on to some other areas. Instead of giving a sample policy for each, I’m going to suggest some specific things to consider when developing those digital policies. Security Where it comes to security, the list of things to consider is almost endless, but here are some of the most important: • How often users must update their login information • How quickly updates and patches must be implemented • Criteria for resolving requests to access sensitive data • The physical location of servers as well as security measures preventing unauthorized persons from accessing that site • How often data will be backed up and where those backups will be stored • How long different types of data will be retained and when/if they will be deleted • Rules regarding the use of personal devices (For example, can employees use personal USB drives with company computers?) • How potential partners will be vetted for security risks and how security requirements will be incorporated into contracts • How breaches will be handled (mitigation, notification, operational recovery, etc.) And that’s just scratching the surface! Privacy Data is the fuel that drives business success. From cookies to third-party trackers and website beacons, businesses depend on the data they collect to decide what to sell, who to sell it to, and where to reach them. However, consumers are expressing increased concern

. kpodnar.com

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Courts have ruled that the Americans with Disabilities Act applies to digital spaces as well as to physical ones.

BETTERING YOUR BUSINESS about their loss of privacy. Governments around the world are responding with privacy legislation like the EU’s General Data Protection Act and, in the U.S., the California Consumer Privacy Act. Those changes are having a profound effect on the way businesses engage their customers. For example, it used to be considered a best practice for a business to use gated content to collect email address and then add them to its marketing lists. Today, that’s risky business. Complying with privacy laws while identifying the target market — not to mention meeting consumers’ demand for personalization — is a huge challenge. As for digital policies addressing privacy, they should cover things like: • What types of data the business will collect (Hint: There should be a clear business need for each.) • How the business will obtain consumer consent when needed, as well as how it will maintain proof of that consent • How employees must handle sensitive data (For example, can an employee send a screenshot of a consumer’s purchase history to another employee?) • How that data will be protected and what the business will do if it is compromised during a breach Again, that is only a sampling! Regulatory/Compliance It’s even harder for regulated businesses like healthcare. It’s an incredibly innovative industry, with some providers now using things like apps and video consultations not only to streamline healthcare, but to make it more personal and more individualized. But that involves sending extremely sensitive personal information through cyberspace. I think one of the biggest challenges for healthcare innovators over the next few years will be figuring out how to do that without violating any privacy regulations. Companies that operate internationally have the additional challenge of meeting multiple sets of laws. For example, the U.S. is one of the few countries that allows pharmaceutical companies to advertise directly to consumers. So businesses in that industry have to decide how to handle that issue on their websites. Some do it by asking visitors to provide their location, and that information determines the content that will be displayed. Other regulatory issues for a business to consider when developing digital policies include: • How to stay up to date on regulations in all countries where it operates • How to make decisions regarding the risk versus opportunity of bringing the company into compliance with a particular country’s laws (Will it come into compliance, take the risk of remaining noncompliant, stop doing business in that country, etc.?) • What steps to take to prevent front-line digital workers from unintentionally violating regulations Digital policies are as much a part of running a business as procurement, payroll, etc. Some things are just part of doing business, and digital policies are no different. I encourage everyone to look at it this way: Any company that wants to stay in business should grow accustomed to balancing risks with opportunities. Developing digital policies means applying that same type of analysis to digital activities. No business is too small to need digital policies, and the bigger the business is, the more complex the policies become. Managing all the various aspects of digital — some of which I can almost guarantee you’ve never even thought of — is like trying to untangle the world’s largest hairball, and it’s just going to keep getting bigger as technology evolves.

Agent of Influence Everyone knows spies are geniuses at surviving covertly. Their ability to communicate in code is practically written into their DNA. And while it’s true that spies receive some of the best survival training in the world, there’s another, more critical skill a spy must have to survive: business savvy. In Agent of Influence, bestselling author Jason Hanson, a former CIA special agent and founder of Spy Escape School, reveals how anyone can use spy tactics for increased success, from learning how to strategically plan one’s day to mastering the steps one will need to embrace challenges and set achievable, personal goals. He teaches how to develop a winning sales personality and target the perfect business opportunity using the SADR cycle — ”spotting,” “assessing,” “developing” and “recruiting.” Agent of Influence: How to Use Spy Skills to Persuade Anyone, Sell Anything, and Build a Successful Business Jason Hanson

288 pages

Dey Street Books

Available: 6/4/2019

$26.99

Sales Truth A blunt wake-up call to salespeople and sales leaders that debunks the myths of the latest miracle solutions and refocuses sales strategy on a proven approach that will drive the wanted results. This book is for those who are having trouble believing what the new self-proclaimed “experts” keep posting on LinkedIn and beginning to question their proclamation that everything in sales has changed and what’s needed is their latest tools, toys, or tricks to stay even or get ahead of the pack. Yet, ironically, it seems that the more of these new miracle solutions you adopt, the harder it is to get results. Sales Truth: Debunk the Myths. Apply Powerful Principles. Win More New Sales Mike Weinberg

240 pages

HarperCollins Leadership

Available: 6/11/2019

$27.99

Start at the End Deciding what to create at modern companies often looks like an episode of “Mad Men”: People throw ideas around until one sounds sexy enough to execute and then they scale it to everyone. The result? Companies overspend on marketing to drive engagement with products and services that people don’t want and won’t help them be happier and healthier. Start at the End offers a new framework for design, grounded in behavioral science. Technology executive and behavioral scientist Matt Wallaert argues that the purpose of everything is behavior change. By starting with outcomes instead of processes, the most effective companies understand what people want to do and why they aren’t already doing it, then build products and services to bridge the gap Start at the End: How to Build Products That Create Change Matt Wallaert Portfolio

Complying with privacy laws while identifying the target market is a huge challenge. For example, it used to be considered a best practice for a business to use gated content to collect email address and then add them to its marketing lists. Today, that’s risky business

256 pages Available: 6/11/2019

$27

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INVESTING IN COMMUNITY

Beyond People and Place – to Purpose Engaging aspirational and transformational donors

by Richard Tollefson and Michal Tyra

Want to pursue aspirational and transformational donors? It starts with an organization-wide culture of philanthropy; big bold ideas; and impactful, scalable programs. phoenixphilanthropy.com.

Richard Tollefson is founder and president, and Michal Tyra is director of client and community engagement at The Phoenix Philanthropy Group, an Arizona-based international consulting firm serving nonprofit organizations as well as institutional and individual philanthropists. Phoenixphilanthropy.com

Appealing to aspirational and transformational donors requires moving beyond typical prospect development — moving beyond simply looking at people and place — to purpose. Ask any competent development professional how to enhance fundraising performance, and he will tell you to work prospects from the inside out. Typically, this involves focusing on people — those within an existing circle of supporters who may not currently give or who have capacity to give more; and place — prospective donors who will give because it is a solid investment in the social and economic development of the area they live in or care about. Former clients or board members, regular low-level givers, community leaders and local stakeholders all potentially fit within these categories. In most cases, this conventional wisdom still reflects best practice. Grasping at major philanthropists who have no connection to an organization can be a major waste of time and resources. “Chasing whales,” as some call it, has been derided as a folly typical of the young, unexperienced development officer or new board member who is hoping to be next to catch the eye of the Gates Foundation or Oprah Winfrey. Despite this, the changing nature of philanthropy has given rise to a new breed of donors — ones who cast aside many typical drivers of giving in the name of greater impact and fulfillment of their philanthropic agendas. These aspirational and transformational donors are not confined by personal experience, organizational loyalty or geographical affinity. Rather, they are driven by purpose. Regardless of connections or location, these donors will support innovative, industry-leading programs that are making a difference, having an impact, and are scalable and sustainable beyond their current bounds. Contributions from these donors are typically both large — generally defined as philanthropic investments that have a major and lasting impact on an organization’s ability to fulfill its mission — and rare, leading to the false impression that they are the random result of chance good fortune. While that is undoubtedly the case in some instances, there are concrete steps any organization can take, no matter its size or sector, to increase its appeal to purpose-driven donors.

#1: IDENTIFY IMPACT

Aspirational and transformational donors want to achieve uncommon impact. This requires approaches and programs that are bold, innovative and scalable. It’s necessary to identify the programs within an organization that fit this description: industry-leading, unique and distinct, can be scaled and replicated, and can have national or global impact.

#2: PACKAGE IMPACT

anyone else, that information should be packaged into a case for support and a business plan that make clear its innovation, impact and potential for wider applicability. While brevity is preferred, organizations should not skimp on the important details. Donors considering a major investment want to know that the plan is thought out and there are clear steps to implement. Nothing will sink an organization’s chances faster than giving the impression that its world-changing program is nothing more than pie in the sky.

#3: ADOPT DISCIPLINED AND STRATEGIC RELATIONSHIP AND MOVES MANAGEMENT

A major or planned giving program couldn’t successfully start without prior planning and preparation. The same wisdom applies here. Organizations should develop prospect lists by researching who supports similar programs regionally, nationally and globally. They can then empower fundraising teams to succeed by investing in needed infrastructure upgrades, ensuring that accounting and recognition procedures are in place, and developing customized communication and engagement plans. Janet Dial, vice president for university advancement and executive director of the Cal State LA Foundation, says it’s important to “create a culture where individuals on the fundraising team are empowered to talk with prospects about gifts that will be transformative, and then be diligent in the follow-through.”

#4: COMMIT TO AUTHENTICITY

It’s critical to never allow the pursuit of aspirational and transformational donors to compromise organizational identity. The focus needs to remain, first and foremost, on the people and communities served. Programs need to align with existing strategic plans, as well as mission, vision and values. Forgetting these to chase the “big fish” will likely alienate the broader base of annual fund supporters. The end result of this can be well worth the effort. Phoenix Philanthropy Consultant Jeri Kendle helped develop Autism CommunityWorks® while serving as CEO of Southwest Autism Research and Resource Center. While originally intended to enhance SARRC’s local impact, the program’s innovative approach and wide applicability soon attracted the attention of the Canadian government, which licensed the program for use throughout Canada, creating a sustainable revenue source for SARRC while expanding its impact internationally.

Once an organization knows what it does better than

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Making transformational giving a priority can lead to extraordinary results. In 2018, Cal State LA launched its first comprehensive campaign. Utilizing its No. 1 ranking in student upward mobility as a differentiating feature, it was able to attract aspirational donors who propelled the University to its campaign goals, well ahead of schedule.

WE VALUE WHAT WE OWN

BY MIKE HUNTER

Tesla Model 3 Performance

2019 TESLA MODEL 3 PERFORMANCE EDITION MSRP: $59,900 Range: 310 mi. 0-60 mph: 3.2 sec. Dual motor all-wheel drive

Tesla’s Model 3 Performance Edition comes with the option of dual motor all-wheel drive, 20-inch performance wheels, and brakes and lowered suspension for total control, in all weather conditions. And a carbon fiber spoiler improves stability at high speeds, all allowing the Model 3 to accelerate from zero to 60 miles per hour in as little as 3.2 seconds. Tesla All-Wheel Drive has two independent motors. Unlike traditional all-wheel drive systems, these two motors digitally control torque to the front and rear wheels — for far better handling and traction control. The car can drive on either motor, so the drive never needs to worry about getting stuck on the road. If one motor stops working, the car can safely continue to

its destination with the second. Model 3 is fully electric, so the days of visiting a gas station again are long gone. Owners can charge overnight at home, and wake up to a full battery every morning. On the road, it’s easy to plug in along the way — at any public station or with the Tesla charging network — needing only about 30 minutes to charge. There are currently more than 12,000 Superchargers worldwide, at 1,400 locations, with six new locations opening every week. New Tesla owners do have to pay for use. Autopilot advanced safety and convenience features are designed to assist with the most burdensome parts of driving. Autopilot enables the car to steer, accelerate and brake automatically within its lane. Full

Self-Driving Capability introduces additional features and improves existing functionality to make the car more capable over time. Every new Model 3 comes standard with advanced hardware capable of providing Autopilot features today — and full self-driving capabilities in the future, through software updates designed to improve functionality over time. The inside of Model 3 is unlike any other car. The owner can use her smartphone as a key, and access all driver controls in the central 15-inch touchscreen. The all-glass roof extends from front to back, creating a sense of openness from every seat, making this smaller model of the Tesla a comfortable and roomy option. Tesla Tesla.com

It’s always the details when traveling, whether for business or pleasure, that make the difference for comfort. Owners’

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Special Section: Business

BUSINESS AND THE LAW

TH E LA and Your Busi W Update ness need to on what busine know sses

Employee or Independen Contractor t – It Matters JUNE 2019

Today’s Business Basics include

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World’s Smallest White Noise Machine This palm-sized noise machine from Sound Oasis helps lull its listener off to a restful sleep — even on an airplane — from a choice of 10 different continuous white noise tones. It has a built-in rechargeable battery that lasts for 25 hours and a built-in clip that attaches to pockets or clothes, and can be used with earphones. Available in black or grey. $29.99

Hand Sanitizers Being on the go — whether traveling or working out at the gym or interacting actively with colleagues and subordinates at the office — exposes a person to myriad hard surfaces. For hardsurface hygiene, Elyptol offers hand sanitizing gel, wipes and spray that use botanical food-grade ethanol and eucalyptus ingredients known for soothing and healing aching bones and irritated skin — killing germs while moisturizing the skin. Prices vary by product.

soundoasis.com

elyptol.com

Gas vs. Electric – What’s the Savings? When making comparisons for gas versus electric, studies show that Tesla is handsdown a better and more cost-effective option. The cost to fuel a gas vehicle similar in size is approximately $400 per month, where the Tesla Model 3 Performance is roughly $30.

Photos courtesy of Tesla

Travel with a Touch of Comfort

MEALS THAT MATTER

BY RAEANNE MARSH

Taco Guild – Where Past Is Present

Trio $14, single $4.50

Lobster Taco Sautéed lobster, habañero butter and wine sauce, topped with pico de gallo, fried avocado slice, Oaxaca cheese, fresh cilantro and lime crema $7

Grilled Romaine Salad Grilled Romaine hearts topped with fresh tomato and basil, blue cheese crumbles, bacon bits and creamy cilantro dressing $10

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in May, that included grilled artichoke and roasted beet tacos topped with an herbed goat cheese fritter and drizzled with avocado lime cream. Whatever the filling of choice, the generous serving fairly overflows the tortilla (corn — freshly pressed rather than the common crisply fried — or flour) that holds it. Every meal starts, of course, with complimentary corn chips — thin and crispy — and an assortment of salsas. It’s worth straying from the familiar green and red to try the orange — carrot and habañero — but with the forewarning: This is Taco Guild’s spiciest salsa. To end on a sweeter note, those who plan to order one of the tempting desserts should let the server know early in the meal as some need significant preparation time. The small parking lot serves other high-profile establishments, so certain times of day may call for a short walk from nearby street parking. Taco Guild 546 E. Osborn Rd., Phoenix (602) 264-4143

tacoguild.com

Menu for Hot Times Phoenix’s sizzling summers give us more than hot temperatures; they give us some cool new dishes at many of our favorite restaurants. Pita Jungle and Mora Italian are among those that have rolled out a selection of special summer offerings.

Mora Italian

Pita Jungle

Celebrity chef Scott Conant gives his Italian

Known for its healthy Mediterranean dishes,

cuisine a modern touch throughout his

Pita Jungle launched a seasonal Kitchen Crafts

full menu that goes well beyond pizza and

Menu with several new items special for summer

pasta. And he’s taken summer as occasion to

(through September). Varied choices range from

bring out three new dishes, which include

Moroccan Gazpacho, made with tomato, cucumber, onion, cilantro,

Artichoke Soup with truffle, parmesan bread

celery, jalapeno, garbanzo beans, lemon juice and seasonings, to

and pignoli; and a Niman Ranch prime New York strip steak with

Shaved Korean Beef Cauliflower Tostada, with premium shaved

charred tomato panzanella and grilled ramp vinaigrette.

beef cuts, spicy gochujang sauce, Tuscan kale, red and green

5651 N. 7th St., Phoenix

cabbage, peppers, garlic, ginger and pea sprouts on a cauliflower

(602) 795-9943

parmesan crust.

moraitalian.com

Multiple locations pitajungle.com

Taco Guild’s embrace of sustainability as a business philosophy is evident from the church pews that now serve as seating, purposely and uniquely mismatched plateware, and a commitment to locally sourcing ingredients for its dishes.

Photos courtesy of Taco Guild (top and far left), More Italian and Pita Jungle (bottom, left to right)

Street Corn Trio Grilled corn on the cob topped with (served three ways): habañero butter, chipotle aioli, Cotija cheese; honey tequila with cinnamon butter; traditional with butter, sour cream, Cotija cheese, tajin and cilantro

The wonderful thing about the adaptive reuse project that produced the Taco Guild is, it left much more intact than just the structure. The building’s previous lives as a Methodist Church — institutionalized in the cornerstone dated 1893 (before Arizona was even a state) and another from its renewal in 1955 after a few decades of disuse following a fire in 1911 — are commemorated in shadow boxes of memorabilia and photo arrays. The church’s stained-glass windows dominate the main dining room, permeating it with warmth and color. The untouched look of some of the lower window panels, though, is the result of careful and creative artistry in finishing a formerly hidden section of their wall. And the fact that the bar evokes the sense of an altar is no accident, either. “It’s all by design,” Sean Snelling, director of operations, is proud to share. Taco Guild’s church heritage manifests in names on the “Fresh Sheet” of monthly specials. Appetizers are “The Offerings,” salads are “The Saint,” entrées are “The Sinner” and desserts are “The Unforgiven.” All ingredients, menu-wide, are sourced locally; the items offered on the Fresh Sheet are the chef’s innovative specials created from what is in season that month. For instance,

TEMPE CHAMBER

ADVANTAGE Spring 2O19 • tempechamber.org

2019 Business Woman of the Year The Tempe Chamber of Commerce recognized three finalists and announced the winner of the 24th Annual Business Woman of the Year award at the recent 2019 Leadership Conference & Expo. The award recognizes an individual’s excellence in her chosen field and demonstrated leadership within the community. The award honors those who serve as a positive role model to others and are active in community and Tempe Chamber programs. The winner and the finalists for the 24th Annual Business Woman of the Year award are: Sherri Barry Named 2019 Business Woman of the Year Sherri Barry is the owner and founder of Arizona Fashion Source in downtown Tempe. In previous years, Barry co-founded Arizona Apparel Foundation, where the mission is to support the sustainable growth of Arizona’s fashion industry; co-founded the Fashion and Business Resource Innovation Center in Tempe (FABRIC) that is the headquarters to Arizona’s fashion industry; and created events at FABRIC that returns proceeds to support Arizona Apparel Foundation. Barry is a proud member of the Tempe Chamber and has received the 2018 Tempe Mayor’s Disability Award; Employee of the Year; the 2017 Business Community Impact Award; and was recognized in the Tempe Mayor’s State of the City Address in both 2016 and 2017.

2019 Finalist: Cecilia Ashe Cecilia Estrada Ashe is currently Vice President/Chief Operations Officer for Landings Credit Union, which has locations in Tempe, Mesa, Gilbert and Chandler. She is part of the executive management team, Asset/Liability Committee and oversees Branch Operations, Marketing and Investment Services. Current and past affiliations include board member for TCH; Diversity & Inclusion Committee for Tempe Union High School District; City of Chandler Economic Development Advisory Board; Tempe Chamber Women in Business Mentorship Program; Rotary International; Kiwanis; Maricopa Economic Development Alliance; and Maricopa Parks, Recreation and Libraries; among many others during her career. 2019 Finalist: Melody Elkin Melody Elkin is the chef and owner of Sweetest Season Artisan Eatery, her second business location to open within the past several years. As an ASU Women’s Basketball alumnus, Elkin continues to lend her support to the program through mentorship and promotion. Elkin also is a role model in the business community and displays this through her support of local organizations in their mission efforts to improve the city, such as Tempe Community Action Agency, the Tempe Chamber of Commerce and TCH. Elkin serves as a chair on the Tempe Coalition Against Underage Drinking and Drug Use, a board member of Friends of the Tempe Center of the Arts, and an executive director of Arizona Coalition for Tomorrow.

Te m p e C h a m b e r. o r g

T E M P E C H A M B E R A D VA N TA G E

2019 Business Excellence Awards Three large and three small businesses in the Tempe area were named finalists by the Tempe Chamber of Commerce for its upcoming Business Excellence Awards. The recipients, one for each category, will be revealed at the Chamber’s Annual Luncheon on June 28th at the Doubletree by Hilton Phoenix Tempe. The purpose of the awards is to identify and recognize companies whose practices in business and employee development, community involvement and customer service exemplify excellence. The award is presented in both a Small Business and Large Business category.

The finalists in the Small Business category are: •FetchRev (fetchrev.com) •International Minute Press Tempe (tempe20-az.intlminutepress.com) •Resound Creative (resoundcreative.com) The finalists in the Large Business category are: •Alamo Drafthouse Cinema Tempe (drafthouse.com/phoenix/theater/tempe) •United Dairymen of Arizona (http://www.uda.coop) •University of Advancing Technology (www.uat.edu)

Last year’s recipients were MAC6 in the Small Business category, and Davis, Miles, McGuire and Gardner Law Firm in the Large Business category. Businesses can be nominated by anyone in the community or by an employee within the business. Nominees complete an application and a committee reviews all the applications to select three finalists. The committee conducts in-person interviews before selecting the recipients. Videos of each finalist will be produced by Pelican Media and shown at the Annual Luncheon prior to the announcement of the recipients. Tickets for the Annual Luncheon are available at TempeChamber.org

Tempe Chamber Annual Luncheon June 28, 2019 — 11:30a – 1:30p Doubletree by Hilton Phoenix Tempe 2100 S. Priest Dr. Tempe Reflecting on the past year while looking forward to the future, we celebrate and share our vision for the Tempe Chamber and the business community at the Annual Luncheon. There will be an introduction of the incoming board of directors and committee chairs while honoring those who are moving on from their terms of service. Presentations by our leadership and an awards ceremony for our members add to the enjoyment of this plated luncheon. A highlight of the event is the video program and presentation of the 2019 Business Excellence Awards. Registration is open until June 21st.

T E M P E C H A M B E R A D V A N TA G E

Joining the Tempe Chamber Foundation as the coordinator for Career Ready Tempe is Lorena Cabrera. Cabrera, also an employee of the City of Tempe, comes to the Tempe Chamber Foundation with experience in both education and nonprofit settings. As summer approaches, Cabrera is gearing up to launch the first Career Ready Tempe workforce pilot program, which is intended to fill critical skills and opportunity gaps by preparing income-eligible Tempe Union High School District students for the workforce. Students admitted to the program have been placed in eight-week paid internships with selected Tempe businesses and organizations for the summer. Participating students will work on Advanced Business Services internships that range from marketing to accounting and will have unique opportunities to network with professionals who will expose them to their fields. Cabrera states, “I find true value in not only contributing to the economic health of the city, but in making an impact on the lives of families and individuals with barriers to success.” Career Ready Tempe is supported by the City of Tempe’s Innovation Fund, and is also supported [in part] by a grant from the U.S. Chamber of Commerce Foundation, one of five grants of its kind to be awarded to chambers throughout the country.

We need you to Transform a Life! New Pathways for Youth is seeking 35 volunteer mentors to match with youth having experienced Adverse Childhood Experiences. These youth are committed to transforming their lives. They now need you to step up and join their journey. Will you be the one? Join us for a Mentor Introduction Session on Tuesday evenings at 6:15 p.m. and on the 2nd and 4th Thursday of each month at 7:30 a.m. at 1001 East Pierce Street, Phoenix. RSVP to info@npfy.org.

Your commitment is urgent. Transform a life today! Become a New Pathways Mentor! New Pathways for Youth is an evidenced based mentoring program that matches well-trained mentors with youth in need of a caring adult relationship. Mentors receiving coaching and support to guide their mentoring relationship in the life skills curriculum offered by New Pathways.

Transform a LIFE. Be a MENTOR. Te m p e C h a m b e r. o r g

T E M P E C H A M B E R A D VA N TA G E

Arizona Cancer Foundation

T E M P E C H A M B E R A D V A N TA G E

Benchmark

Burst of Butterflies

Dignity Health ER

Horne Mazda

PDQ

Phat Scooters

ServePro

Sherwin Williams Broadway Tempe

Inaugural Tempe Chamber Sustainability Summit Held ”Sustainability and your Business” was the resounding theme at the inaugural Tempe Chamber Sustainability Summit on April 5, 2019. As part of the SRP-sponsored series “Emerging Issues Forum,” more than 60 community leaders were on hand to learn more about the local sustainability programs and national initiatives through a robust panel discussion, expo and keynote presentation. The Summit’s panel, moderated by the City of Tempe’s Sustainability Director Dr. Braden Kay, ranged in topics from renewable energy to updates on recycling programs, to business rebates for energy efficiency upgrades. Experts from SRP, APS and Waste Management were on the panel to help educate the audience through the discussion. In addition to the panel, keynote speaker Christopher Guith, acting president of the Global Energy Institute, flew in from Washington, D.C. to deliver powerful information and data about where we’ve come from, where we are, and where we are headed in regards to national and global

sustainability efforts. “With strong utility partners in addition to ASU and the City, Tempe is uniquely positioned to lead the way for sustainability best practices in the country. It’s our role as a Chamber to support and facilitate the collaborative discussions as we continue to move our region forward in today’s global economy,” said Tempe President and CEO Anne Gill. To learn more about the Tempe Chamber’s Sustainability Pledge program visit Tempe.Pledge.Green

Ken Blanchard College of Business | College of Education | College of Nursing | College of Arts & Sciences | College of Fine Arts & Production

Campus • Evening • Online

A R I Z O N A’ S P R I VAT E U N I V E R S I T Y S I N C E 1 9 4 9 Get started today! 855.287.0174 | www.gcu.edu/inbusiness Grand Canyon University is regionally accredited by the Higher Learning Commission of the North Central Association of Colleges and Schools. (800-621-7440; http://www.ncahlc.org/ ).

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T E M P E C H A M B E R A D VA N TA G E

Staff Happenings

Arizona Chamber Executives Have New Board Chair Tempe Chamber President and CEO Anne Gill was named Board Chair for the Arizona Chamber Executives, which is a nonprofit organization assisting chamber executives throughout Arizona to become informed, effective leaders in their communities. ACE provides a forum to enhance the professional development image of chamber executives and staff. It provides an avenue for all chambers across the state to work together on state, federal and local issues. In addition, she was recently appointed to the board of directors of the Western Association of Chamber Executives. The goal of WACE is to enhance and promote the professional growth and competence of chamber of commerce executives. Gill will be serving her term on the WACE Board of Directors over the course of this year. Gill was also selected as a member of Cohort No. 2 of the U.S. Chamber of Commerce Business Leads Fellowship Program. The Fellowship Program consists of two separate, three-day intensive workshops that focus on the history, policy and programming on topics involving education, college and career readiness, postsecondary education and workforce development. The goal of the Fellowship is to properly equip state and local chambers with the tools and resources needed to implement positive change in their communities. Gill was selected for this position because she is a champion of education and workforce in the Tempe community and has helped implement developmental strategies to strengthen the workforce and education talent pipeline.

Anne Gill, IOM, Tempe Chamber President and CEO

Professional Designations and Appointment for Chair Sukki Jahnke, director of marketing and programs at the Tempe Chamber is slated to start her fourth term on the board of directors of the Meeting Professionals International Arizona Sunbelt Chapter (MPI-AZ) for the 2019-2020 fiscal year. This will be her second year as Director of Strategic Alliances with a prior two-year term as Director of Special Events & Fundraising. Jahnke received her Certified Meeting Professional Certification from the Events Industry Council in November of 2018 and has since been appointed to the MPI Global Advisory Board for Professional Development. Recently, she received a scholarship from the MPI Foundation to attend the World Education Congress to be held in Toronto, Canada this June. In January of this year, Jahnke attended the first of four week-long sessions of Winter Institute for Organization Management, a U.S. Chamber of Commerce Foundation certification program. She attended with assistance from the Jack Camper Scholarship Fund through the Arizona Chamber Executives and is scheduled to graduate and receive her IOM designation in January of 2022.

T E M P E C H A M B E R A D V A N TA G E

Sukki Jahnke, CMP, Dir. Marketing & Programs

ASU Sun Devil Football Kickoff Luncheon August 23, 2019 — Noon – 2:30p Sun Devil Stadium SanTan Ford East Club Level 500 E. Veterans Way, Tempe With a new coach, a NEW event location and a talented roster — there’s so much to celebrate as we look forward to the 2019 football season. If you bleed maroon and gold, then you must attend the 19th Annual Sun Devil Football Kickoff Luncheon! “Voice of the Sun Devils” Tim Healey emcees this stellar event. You’ll also hear from Head Coach Herm Edwards, the team’s top leaders and some very special guests. Sparky and the ASU Spirit Squad will also be there to pump up the excitement. Join other fans at a VIP table with a player or coach, or take advantage of single-seat opportunities. Registration is open until August 16th.

Upcoming Events

20th Annual State of the City Address With Mayor Mark Mitchell October 25, 2019 — 7:15a – 9:00a Phoenix Marriott Resort Tempe at the Buttes 2000 W. Westcourt Way, Tempe The Tempe Chamber in conjunction with the City of Tempe is pleased to present Mayor Mark Mitchell’s State of the City Address on October 25, 2019. Members of the public are invited to attend. The mayor will be sharing his thoughts on the local social and economic climate along with his vision for the growth and future of Tempe and Arizona. This breakfast provides a valuable opportunity to engage with civic, business and political leaders of the Valley. Advance ticket purchase and sponsorships are available. To learn more about any of our Signature Events, please contact the Chamber office.

Ken Blanchard College of Business | College of Education | College of Nursing | College of Arts & Sciences | College of Fine Arts & Production

Campus • Evening • Online

Te m p e C h a m b e r. o r g

T E M P E C H A M B E R A D VA N TA G E

Tempe Chamber Staff

Board of Directors

Sukki Jahnke, CMP, Director of Marketing & Programs sukki@tempechamber.org

Board Chair: Jenna Rowell Chair-Elect: Jihan Cottrell Treasurer: Jennifer Ochoa Vice-Chairs: Chad Akin, Marshall Hunt Immediate Past Chair: Dawn Hocking

Erika Acorn, Director of Business Development erika@tempechamber.org

Directors: Raveen Arora, Tracy Bullock, Mark Holthaus, Clark Landrum, Maria Brunner, Kyle McIntosh, Megan Martin, Joe Theiss

Mark Tarabori, Membership Relations Specialist marktarabori@tempechamber.org

Ex-Officios: Kate Borders, Andrew Ching, Robert Cox, Shereen Lerner, Joe Hughes, Brian McCartin

Julie Flanigan, CPA, Director of Finance julieflanigan@tempechamber.org

Committee Chairs: Suzy Greenwood, Nicole Spracale, Jenna Rowell, Glen Hayward, Don Cassano, Elaine Vreeland, Suzanne Durkin-Bighorn, Lori Zurcher

Anne Gill, IOM, President / CEO president@tempechamber.org

Lorena Cabrera, MS, Career Ready Tempe Coordinator lorena@tempechamber.org Libby Mueller, Public Policy Intern intern@tempechamber.org

Tempe Chamber of Commerce P.O. Box 28500 â&#x20AC;˘ Tempe, AZ 85285 (480) 967-7891 www.tempechamber.org

The Tempe Chamber of Commerce strengthens the local economy though networking, advocacy, professional development and influence. It regularly advocates for a favorable business climate through interactive public policy engagement and provides ongoing representation in government at local, state and federal levels.

CONNECT WITH THE TEMPE CHAMBER! JOIN US ON FACEBOOK /tempecc WATCH OUR VIDEOS /tempechamber

T E M P E C H A M B E R A D V A N TA G E

Gain Brand Context to Drive Brand Clarity About ASBA

by Robin Bramman, Chief Brand Mixologist at Brandtini and Brand Specialist at Turbulence

When was the last time you took a look

is going on inside their business. What do

at your brand from the customer’s point of

you see that makes them stand out? What

view? If you spent a day in the life of your

makes a customer know, like and trust

customer walking through all of your brand

their brand? What one thing do you think

touchpoints, what would you learn?

they are doing better than everyone else

We get so busy working in our business

you are armed with this information, you

create ad campaigns to drive business,

can better understand your customer and

and we write blog posts and post on social

competitor position and where you might

media to keep our brand in the market and

have opportunities in your own business.

stay fresh. So, when was the last time you did a brand audit; when was the last time

Brand Positioning Next, you will want to take a look at your

you surveyed your customers or really

brand positioning and think of the value

understood where your brand is showing up

provided as customer benefits created

consistently? Let’s explore what you might

by bundles of service and products. The

do if you are starting a business or you

ability to provide exceptional value is the

have been in business a few years. Gain

key reason customers or clients select one

brand context to drive brand clarity or, as I

company or product over another. Build out

have told all of my clients, “Experience the

a values statement that begins with “We

brand before branding the experience.”

are the leader in” or “We are the only” or

Here are three important first steps:

“We are different because.” This exercise

brand audit, brand positioning, and brand

will help you find a core differentiating value

touchpoints.

point that your customers will connect to

Brand Audit Central Arizona 11811 N. Tatum Blvd., Suite P-195 Phoenix, AZ 85028 p. 602.306.4000

and where do you fall in that area? Once

we forget to work on it. We continually

What goes into a brand audit? To start, you would build a survey and reach out

and find of interest. Brand Touchpoints Lastly, you will take a visual look at

to past and current customers to learn

your brand touchpoints. Remember,

about how they experience the brand and

these go beyond your online presence

what value it provided them. Walk through

and print materials. How your employees

their steps to working with you or buying

present themselves and how the customer

from you and think about the questions

experiences them is just as important. I use

you might ask at different points in the

a pre-purchase/post-purchase exercise to

journey. It is best to get brand feedback

walk through the customer’s human, digital

one-on-one so that a customer would feel

and social experiences with a brand.

comfortable sharing his or her experience without reservation. We want to uncover

Once you have context for your brand

the customer journey points that are good

from these perspectives, you begin to

and bad so that we can enhance those that

have clarity in how you can position your

are working and minimize those that are a

products or services to gain brand traction

problem.

with your target audience. Building a

As part of a brand audit, you want to

brand is about delivering on a promise

research your competitors to see what is

and expectation to your ideal client,

differentiating them in the market. Take

where marketing is more about driving the

time to visit their location in person, go

purchase engagement. Start with context

online and google them, take a tour of their

and clarity before moving to connectivity

website and social media sites to see what

and community..

Computers Need Heroes, Too by Carrie Braaten, Technology Solutions Manager at Gordian Networks

A shadowy, hulking creature crawls out of the dark, stealthily

settings. These settings are your company’s first defense to prevent

sneaking up to an unsuspecting business building to steal the

the spread of contagious viruses throughout your network.

company’s secrets and valuable, one-of-a-kind serums, but then …

Phishing Emails and Websites: Employees see suspicious

It’s a bird, it’s a plane, its Superman! Superman has come to save

emails each day that are obviously spam, but what about the one

the day! He defeats the enemy, and the company’s secrets are safe

from their supervisor that asks for personal information to conduct

for another day.

important business? Teach your employees to check the validity of

The days of tangible, evil masterminds creeping into buildings

emails with their supervisor before divulging personal information. It

being the main safety concern of business owners are in the past.

is also important to check if an email link is valid by hovering over it

Hackers are invisible, disguising themselves as legitimate websites

before clicking. One letter can mean the difference between a good

and emails. They creep through Wi-Fi radio streams and cabling to

site and dangerous one.

find and steal intellectual property or the next great idea that could bring your company success. Where is your computer’s superhero? How does your company

Multi Factor Authentication: Even with all the above precautions, cyber criminals can still trick cautious users. Multi-factor authentication requires an additional security measure, such as a pin

protect its information while allowing employees to access and share necessary information? These five strategies will equip your company with the basic protection it needs for today’s cybersecurity. Password Complexity: It takes only 4.5 seconds to crack your six-character password. Instead, create passwords that are at least 10 characters long, including numbers and symbols. These can take up to five years to crack. Updates: “An update is ready to be installed.” Seeing this message pop up on their screen typically fills employees with dread.

code, fingerprint or facial recognition, to log in. This extra step can

It is tempting to put off impending updates since it takes precious

mean the difference in protecting your company from online threats.

work time. Don’t fall into the temptation. New threats are discovered

your business instead of worrying about your network? Gordian

from the most recent types of threats.

Networks can save the day! We set up each company’s technology

Firewalls and Anti-Virus Settings: When was the last time

with the right balance of security and open communication while

you looked at your firewall settings? What ports are open to public

keeping your business running smoothly even if disaster strikes.

access? Strike the appropriate balance of open communication

Because Computers Need Heroes, Too! gordiannetworks.com

to conduct business and security with both firewall and anti-virus

Still worried about cybersecurity? Want to spend your time growing

daily and updates with protective patches keep your computers safe

What You Should Know about Surcharges, Cash Discounts and Convenience Fees by Heartland, A Global Payments Company

If you’re confused about surcharges, cash discounts and convenience fees, you’re not alone. Confusion around surcharges,

to customers that a discount for paying cash is available. An example

cash discounts and convenience fees cause merchants to use

of this is a gas station, which posts a price for both the discounted

the terms interchangeably, but they are not the same thing.

cash/debit price and for credit card payments at the pump.

Understanding the differences and when you can and cannot levy

It’s important to note that a merchant cannot add a fee on top of

these fees on goods and services will keep your business

the usual price of an item and then give a discount at the register if

out of trouble.

the customers pays cash.

Below is a brief overview to help you understand the differences. Credit Card Surcharge A surcharge is levied when a merchant charges a customer an additional fee to cover the cost of accepting credit cards. The

The passage of the Durbin Amendment in 2010 made cash discounting legal in all 50 states. Convenience Fee A convenience fee is levied by a merchant on purchases for the

surcharge is a percentage of the sales amount and cannot exceed 4

customer’s privilege of paying with an alternative payment method

percent or what the merchant pays in swipe rates.

that is not standard. An example is a theater or concert venue that

Surcharges cannot be levied on debit cards or

allows customers to purchase tickets online or by phone for a fee

prepaid credit cards. Currently, all but six states and Puerto Rico allow surcharges. The

versus having to stand in line at the box office. Governments and universities also frequently charge a convenience fee when taxes

states where it is illegal are Colorado, Connecticut, Kansas, Maine,

and tuition are paid by a method other than automated clearing

Massachusetts and Oklahoma.* If you are operating in more than

house (ACH) transfer.

one state, you can surcharge only in states where it is legal. Visa, Mastercard and other major card brands have strict

A convenience fee is typically a flat dollar amount. It is not a surcharge because, technically, the customer is not paying for using

guidelines for surcharging. For example, you can’t charge more for

a credit card, but for the privilege of using the pay-by-phone or pay-

one card than another. Additionally, you must:

by-online option.

•Post a notice to customers, at your store’s entrance and register,

Convenience fees are allowed in all 50 states. As with surcharges,

that your business imposes a credit card surcharge, including the

it is best to check with card networks and your processor. For

rate of the surcharge, and that it does not exceed your

example, Visa allows convenience fees if:

processing fees;

•Payment takes place across an alternative channel such as

•Have a point-of-sale system capable of disclosing the surcharge

online or by phone;

on a receipt as a separate line item, as well as reporting the

•Customers are told of the fee in advance, or it is

surcharge in the network authorization request and

clearly disclosed; and

in settlement; and

•The fee is a flat or fixed price rather than a percentage of

•Notify your processor/merchant account provider in writing at

the sale.

least 30 days in advance of the date you plan to start surcharging.

* State status is subject to change. Confer with legal before

In turn, they will inform card associations.

implementing any fee-related program.

Cash Discount A cash discount is not a surcharge because it does not levy a fee to a credit card transaction. Instead, it allows merchants to offer customers a discount for

About Heartland, A Global Payments Company Heartland offers best-in-class payment, payroll, mobile payment, Ecommerce, customer engagement and lending solutions to grow

using cash, check or debit card to pay for purchases — typically, 1–4

your business. Visit https://www.heartlandpaymentsystems.com/ to

percent of the sales amount. To participate, merchants must disclose

learn more about how Heartland can help you.

Using AI to Empower Your Small Business

eliminating the time spent on low-value activities? As a business owner, you should be focused on growth. But in order to actually do that, you need to have efficient software that takes care of redundant processes, so you have time to focus on business strategies. First, many sales teams and small businesses use CRM (customer relationship management) software to help keep

by Emily Horrell, Zoho Field Marketing

track of customers and leads and help close more deals. And thanks

For a moment, consider how much time you spend in a given

to help small businesses increase efficiency in their CRM and other

workday scrolling through irrelevant information to find one crucial

business tools.

piece of data. Over the course of an eight-hour day, these seemingly

should be asking ourselves is why haven’t we found a solution to

to modern technology advancements, AI has become a great tool

AI (artificial intelligence) can help you streamline your business’

small diversions amount to a significant waste of time. It is the goal

processes in various ways, but one of the best ways small

of business intelligence software to reduce this waste, though,

businesses can use AI is with sales assistance. So often, business

ironically, it’s business software that has made us hyper aware of

owners spend far too much time searching for specific information

exactly how inefficient we’ve become. The magazine Inc. published

in their CRM, losing track of their customers and leads with no

a study on this topic, writing, “When we evaluated the work habits

efficient way of organizing things. With an AI assistant to make sales

of business owners and their key executives, we discovered that

predictions and offer solutions, business owners can sell more and

time-wasting, low-value and no-value activities accounted for more

focus on growth. AI assistants can optimize your CRM by analyzing

than 30% of their workweeks.” It’s a scary thought for many of us

data and tasks to predict the outcome of sales activities. That’s right,

to learn how much time we’ve wasted on these low-value activities

machine learning can help you make more money and close more

that could’ve been spent growing our businesses. The question we

deals, which is a huge help to small businesses that don’t have the

time to waste on leads that are going nowhere. The value in AI extends way beyond just CRM and sales, too.

grow and close more deals, and automated workflows can help a lot here. For instance, an AI assistant may notice you performing

Most of us use chat and texts to communicate with each other and

a certain task multiple times a week. It will suggest that you create

coordinate difficult tasks. You might send a text to remind someone

a macro, which will simplify that process into a one-click solution.

of something they have to do, check in with them, etc. Chat tools

Since everyone’s business is different, AI assistants will make

have become so important for communication, but they’re an easy

suggestions that are based on your company’s unique patterns. But

time suck. AI brings us intelligent chat tools. For example, through

if you already have workflows in place, AI can help you by noticing

a well-designed chatbot, you can ask any question regarding the

mistakes before they happen, like sending an email template

module you’re working on in your CRM, and it will respond with an

twice to the same user. AI sales assistance is focused on finding

answer in a chat or voice command, based on your preference. That

workflows and learning ways to complete the task faster, and who

AI chatbot can answer with record counts, record data, dashboards,

wouldn’t want to incorporate that into their company?

reports, and more. It can also take care of those pesky reminders

In a growing business, time is precious. You can’t waste it on

and check-ins, so you don’t have to bother. But how can AI help us

low-value tasks that won’t help your business grow or make money.

automate even more? The answer is

When your small and just getting started, you probably don’t have

workflow automation.

access to a whole staff to help you complete tasks, and that’s

Workflow automation takes manual tasks and automates them

where AI can step in. With machine learning to help automate

to streamline the overall business process. It can be used in many

tedious manual tasks, businesses can save more time and focus

different areas of business, whether it be events management,

on important big picture goals for their company. The future of

HR processes, or even to help automate your sales process. But

technology is already here, it’s just up to you to empower your

workflow automation is by no means easy to implement, without

business and use this new tech to succeed in reaching all your

help. Thankfully, conversational AI assistants can make these

business goals.

automated workflows a breeze. As a small business, the goal is to

ASBA STAFF LIST & TITLES Jess Roman Chief Executive Officer Debbie Hann, Chief Operating Officer Angelia Hill Director, Business Education Foundation Robin Duncan Vice President, Business Development Jodi Towns Director of Partnership Development Ashley Vizzerra Member Services Manager Genesis Garcia Marketing Manager Emma Lenihan

When It Comes to Branding, You’re Already Doing It by Kiem Ho, Chief Brand Officer at Moonshot11

If you are like most small-business owners, you have a million things

Member Services & Administrative Coordinator

ASBA LOCATION: Central Arizona Office 11811 N. Tatum Blvd., Suite P-195 Phoenix, AZ 85028 p. 602.306.4000

In addition to helping your company consistently deliver on your

on your mind, wear a lot of hats and are careful with the limited

promises, branding also improves your company’s focus as it relates

resources you have to build your business. When it comes to your

to vision and values. Having a clear brand direction is the foundation

branding, you may see it more of a nice-to-have or luxury item.

of understanding where you want your company to go or become,

However, what if you could have your cake and eat it, too, where it

which is the source material for developing your organization’s

comes to branding? Branding is and can be the foundation of all your

vision. A clear vision provides not only guidance for your business

company’s activities.

goals, but is also a key reason people join and stay with companies.

First of all, you already do branding. Branding is what you promise and deliver for your customers every day. Whether you provide a

Similarly, branding also drives employee engagement with what

service or sell a product, your customers expect you to provide a

a company values. Branding highlights the choices you make. If

functional benefit. Let’s say you are a quick-service restaurant —

customer service is a critical promise for your brand, then hiring

customers expect you to provide them food and drink that is fast and

employees who value this will be a critical factor in your recruiting

convenient, which is an overall promise of this category. However,

efforts. Furthermore, aligned values is also a factor that builds

if you only compete on speed and don’t deliver on higher emotional

employee and customer loyalty.

needs, customers have many other alternatives. Restaurants that can consistently deliver on both functional and

Lastly, branding provides clarity in the type of marketing you do.

emotional needs for their customers are much more likely to drive

If you have a business that relies on building trust, like financial

deeper engagement with them versus their competitors, which

services or auto sales, you may consider driving social proof through

translates to increased sales. Consider your experience at Chick-fil-A

building out a reviews campaign, providing a longer warranty period

versus getting a chicken sandwich at Wendy’s. Do you remember

for a purchase, or partnering with trusted sources like a relevant

how the employees treated you? How was the cleanliness of the

endorser or celebrity.

restaurant? How was the quality of the food? The overall experience a company provides is an outcome of branding (promising and

it can be more intentional and become more of a driver for your

only to look at Wendy’s 2018 N.A. sales growth to 2.0 percent versus

business activities. Simply remembering that branding is about

Chick-fil-A’s sales growth of 13.5 percent the same year (the largest

making promises and then delivering on both functional and

percent growth in the top 20 U.S. restaurants) to see the impact of

emotional needs is the starting point in taking that first bite

their branding efforts.

When it comes to branding, you are already doing it, but perhaps

delivering). How is Chick-fil-A’s and Wendy’s branding? You have

Ever-Changing World of Small Business Employment by Eric Knott, MBA, PHR, CLRL, FinePoint HR

The employment world has never been more complicated,

damages, such as back wages, benefits costs, tax withholdings,

particularly for small businesses. While the economy is booming

missed retirement participation and so on.

— thanks in large part to the hard work and success of small businesses — that success comes with a robust to-do list related to compliance and management best practices.

Wellness Isn’t Delivering the Anticipated Financial Results CFOs in businesses across the country (in addition to chief human resource officers, of course) have been carefully watching for the

Here’s a look at what’s trending in small-business employment.

expected benefit from funding the organization’s wellness program: a

Independent Contractors Are ‘en Vogue’ … Except Among

significant reduction in medical claims experience. However, recent

Regulators The gig economy has businesses using more independent

studies published in the Journal of the American Medical Association and from the University of Illinois Urbana-Champaign found that

contractors, sometimes in place of employees. While millennials

employers’ wellness programs are not reducing claims experience,

often seek out these types of relationships with businesses, this

likely confirming the suspicions of your in-house finance team. While

approach to staffing is fraught with danger. Regulators from multiple

there are numerous potential causes for this lack of effect, this is a

agencies as well as plaintiffs’ attorneys are pursuing businesses

good cue to visit with your broker or benefits provider to determine

for misclassifying independent contractors — and they are having

the specific, measurable financial results of your organization’s

significant success.

wellness program.

Appropriately utilizing independent contractors has become very complicated. Further, last year’s Dynamex ruling by the California

Manager Training – Version 2019 We’ve seen scores of businesses pay dearly for the abhorrent

Supreme Court has been referenced as a benchmark for other

(and even sometimes the well-intentioned) behavior of a supervisor

states (including Arizona), hinting that the future of compliant

or manager. Yesteryear’s anti-harassment and discrimination training

utilization of independent contractors is only going to get more

is no longer sufficient, given the protected classes have evolved,

difficult. If your business utilizes independent contractors, there is

and we’ve added new legal landmines to the discussion, such as

value in determining whether they are being engaged appropriately.

bullying, favoritism and the broader concept of workplace civility.

Misclassification carries significant punitive and compensatory

Effective management training not only improves organizational

culture, it mitigates the risk of an incident occurring

interviews has limited usefulness, but

and serves as an example of the employer’s attempt

consider surveying and meeting with your

to ensure a lawful work environment in the event you

performing employees to see what engages

need to defend the organization against an accusation of

them. Determine which perks or benefits

misconduct.

they would like to see enhanced and which

Good management training skips the awkward videos

they are simply not interested in. Additionally,

and dated scenarios, instead focusing on the role of

consider establishing a mentoring program

social media and electronic communications, addressing

— something that can be very easy to

personal biases when assessing talent, discussing

manage but pay you dividends in terms of

third-party harassment, and helping leaders recognize

retention and employee development. Often,

and execute their duty to act. The training should be

catering your benefits and culture to the

instructor-led and be very interactive. Done well, these

interests of your performing employees will

trainings foster significant discussions about best

make your workplace attractive to potential

practices and “what ifs” among the participants. Consider

employees as well.

providing your management team with a refresher on

… And there’s more coming down the

the 2019 expectations related to maintaining a civil

pike. For example, a new minimum salary is

workplace.

being contemplated for exempt employees

Compensation Analyses to Gauge Equity

nationwide, reminiscent of November 2016

While on the topic of unlawful discrimination, so

when employers braced for a minimum

far this year there have been many companies called

salary for exempt employees of $47,476.

out for maintaining pay inequities based on gender

While that effort was paused — albeit at the

or race. While company leadership may not have

11th hour — the new minimum salary being

known that an issue existed because they organization

contemplated is in the mid $30,000 range.

had not analyzed the data, employees often know

Undoubtedly, it will grab headlines (and

because they’re sharing compensation data among

balance sheets) once it is announced later

themselves. Unfortunately, they may have casually

this year. There have also been changes

done the analysis for the company while chatting at

in the way small businesses successfully

the proverbial “water cooler.” Remember, although

engage employees, provide competitive

managers may be prohibited from sharing compensation

health insurance, pay employees and more.

data socially, employees cannot be harmed for engaging

In short, as long as employee interests and

in such conduct. Consider working with a qualified

demographics change, HR best practices

HR consultant or counsel to run an analysis of your

will change. Stay connected here for

organization’s compensation program. Proactively

updates.

addressing pay inequity (based on gender, race, age or

Eric Knott is the principal at FinePoint

other protected characteristic) is a meaningful exercise

HR consulting firm and is a professor of

when mitigating litigation risk, and will likely establish

business at Arizona State University’s W.

significant engagement and trust among the employees

P. Carey School of Business. Knott is the

and leaders.

three-term president of the Society for

Recruiting and Retention Issues Can Be Conquered As we’re all experiencing, the market for talent has

Human Resource Management of Greater Phoenix, has sat on the board for various business entities across the state, and is a

tightened significantly, causing employers to become

board member of ASBA. He can be reached

more competitive for talent. Gallup’s 2017 State of the

at finepointhr.com.

American Workplace Report notes that the majority of U.S. employees would change jobs to receive more flextime, better health insurance, a better retirement

informational/educational purposes only

program and additional time off. Further, 55 percent

and should not be construed as advice.

of employees whom the company identified as “top

If you would like advice regarding your

performers” admitted on the survey they were actively

specific situation, consult with a qualified HR

looking for another job.

consultant or an employment attorney.

Put simply, small businesses cannot afford to have employee turnover problems. The concept of exit

This material was prepared for

BOARD OF DIRECTORS Andrew Westle | Chair Soaren Management, LLC Jennie King | Vice Chair Salt River Project Mike Leeds | Past Chair Pro Sales Coaching, LLC David Bones | Treasurer The Kenrich Group Phoenix Daniel Schenck | Board Development Clark Hill PLC Kerry Stratford | Secretary The Caliber Group Jason Trujillo | At-Large Woodbury Financial Otto Shill Jennings Strouss & Salmon PLC Janice Washington Arizona Small Business Development Center Network Valerie Wynia Arizona Public Service Lisa Hunt BANNER / AETNA Eric Knott Arizona State University, W. P. Carey School of Business; FinePoint HR Rick Murrary Arizona Chapter National Safety Council Frank L. Divers Business Development Specialists, Inc. Genia Kehayes Experience Scottsdale Patrick J. Van Zanen MARGRAVE CELMINS, P.C.

A BUSINESS OWNERâ&#x20AC;&#x2122;S RESOURCE TO LEGAL SERVICES

2019

A comprehensive guide to local firms & their areas of specialty for business FEATURING

Engelman Berger Fennemore Craig Gallagher & Kennedy Quarles & Brady Snell & Wilmer Welsh Law Group Wilenchik & Bartness See more online inbusinessphx.com/legalguide

BILLIONS IN ARIZONA OPPORTUNITY 2017 – 2018 Spend Amount in Goods & Services for State and Local Government Entities * Other Local Government Entities City of Tucson Maricopa County

+ $126+ Million* $849+ Million*

City of Phoenix

$1 Billion*

State of Arizona

Government agencies have to follow the rules when they award contracts. This includes not only the State of Arizona, but town and city government agencies as well. All purchases for goods and services by governments in Arizona are subject to laws and regulations to protect contractors’ interests. But each jurisdiction has its own laws, its own procedures, and its own court or board where disputes are heard. In the Arizona marketplace, Gallagher & Kennedy stands as a leader in public bidding and procurement legal services because of its depth of experience and consistent history of success for its clients. Our team of attorneys offers top-notch counsel and advice, assisting our clients with local and state government contracting. If you are interested in obtaining government work, you should not navigate this process alone. We can help evaluate whether a bid protest is viable, draft the protest, defend against another bidder’s protest, advise on post-award issues, as well as advocate for our client’s position to the government decision-makers.

*Estimated figures based on publicly available information

$1+ Billion*

Public Bidding & Procurement

•

Business Law and Transactions

•

Claims, Disputes and Litigation

•

Compliance

•

Construction

•

Contract Negotiations

•

Government Affairs & Lobbying

•

Government Bid and Proposal

Preparation and Submission

•

Intellectual Property

•

Bid Submission Review/Compliance

We excel at our business because we take the time to understand yours

Phoenix | Santa Fe 602-530-8000 www.gknet.com

Legal Services Guide 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.

Counsel for Business

Specialized legal expertise serves our business community 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.

A BUSINESS

RESOURCE OWNER’S

TO LEGAL

SERVICES

About This Section

2019

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. The cover story of the June issue that this special section appears in delves into changes in some of the broad areas that apply to businesses across industries. (“The Law and Your Business,” June 2019 issue of In Business Magazine) What an attorney brings to businesses, then, is a view to avoid both pitfalls and missed opportunity. This In Business Magazine 2019 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.

State Bar of Arizona azbar.org

• 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 sive A comprehen al guide to loc ir areas firms & the for of specialty business FEATURING

Berger Engelman Craig Fennemore & Kennedy

Gallagher

Brady Quarles & Snell & Wilmer

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.

Group Welsh Law s & Bartnes

Wilenchik

online See more com/legalguide inbusinessphx.

INBUSINESSPHX.COM

JUNE 2019

Legal Services Guide Ballard Spahr L.L.P.

Buchalter Nemer

One E. Washington St., Suite 2300 Phoenix, AZ 85004 (602) 798-5400 ballardspahr.com Business & Finance, Intellectual Property, Litigation, Public Finance, Real Estate

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.

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

Burch & Cracchiolo, P.A. 702 E. Osborn Rd., Suite 200 Phoenix, AZ 85014 (602) 274-7611 bcattorneys.com Asset Protection, Business & Corporate Law, Commercial Litigation, Construction, Creditors’ Rights, Bankruptcy & Reorganization, Equine Law, Estate & Wealth Preservation Planning, Family Law, Government, Indian Law, Labor & Employment, Real Estate, Real Estate Investment, Succession Planning for Business, Taxation & 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 14850 N. Scottsdale Rd., Suite 500 Scottsdale, AZ 85254 (480) 684-1100 • clarkhill.com Litigation, Corporate, Healthcare, Real Estate, Creditors’ Rights, Bank & Finance, Family, Immigration

Engelman Berger, PC Engelman Berger is comprised of experienced lawyers who are well recognized for their expertise and committed to resolve commercial disputes and assist clients in preventing legal problems through proper planning. Our clients are national and local lenders, borrowers, lessors, tenants, family-owned businesses, developers, franchise owners, municipalities and investors. We provide creative and focused representation in all federal and state courts, bankruptcy court, arbitrations, mediations and settlement negotiations. We facilitate business and real estate transactions through counsel and negotiations. We are problem solvers and focused on client goals. Industries served include lending, credit unions, construction, restaurant, hospitality, medical, retail, wholesale, agricultural and real estate, among others. We regard the clients’ goals as the foremost motivation in providing our services, and listen to ensure success. Our lawyers are recognized in Martindale Hubbell AV ratings, Southwest SuperLawyers, and U.S. News & World Report’s Best Lawyers in America, among other ratings. We are locally owned and our lawyers take an active role in community activities.

At-a-Glance Patrick A. Clisham

PHONE: (602) 271-9090 WEBSITE: www.eblawyers.com OFFICES IN METRO PHOENIX: 1 Steven N. Berger

NATIONALLY HEADQUARTERED: Phoenix MANAGING PARTNERS/YEARS WITH FIRM: Patrick A. Clisham, Managing Partner – 10 years Steven N. Berger, Executive Committee – 20 years Kevin M. Judiscak, Executive Committee – 18 years YEAR ESTABLISHED LOCALLY: 1999

At the top Patrick A. Clisham • Steven N. Berger • Kevin M. Judiscak

MAIN LOCAL OFFICE: 2800 N. Central Ave., Suite 1200, Phoenix, AZ 85004

Kevin M. Judiscak

PRACTICES: Business Disputes, Real Estate Disputes, Bankruptcy, Reorganization, Creditors’ Rights, Business Transactions, Real Estate Transactions, Water Law, Loan Workouts, Mediation, Public Finance, Bonds, Employment

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Legal Services Guide

Fennemore Craig

For over 130 years, Fennemore Craig, a National Law Journal 250 firm, has provided high quality legal counsel to help clients thrive in a complex, constantly evolving business and legal landscape. From their seven offices in Phoenix, Tucson, Nogales, Las Vegas, Reno, and Denver, Fennemore Craig works to provide forwardthinking legal advocacy generating maximum value for its clients, and helping them keep pace with the rate of change in business, protecting their legal interests and identifying opportunities. The historic firm understands first-hand that one of the biggest challenges organizations of every size face today is how to navigate this evolving landscape, and how to create paths to success. Fennemore Craig’s attorneys know clients need a legal team who can help them go beyond what exists to create what’s possible. With

more than a century serving Arizona, the team at Fennemore Craig has a proven track record as advocates for the entrepreneurs and business leaders who continue to define The New West. This is why the firm is particularly focused on partnering with clients to identify unique solutions, which have a positive impact on businesses and communities. The partnership mentality is an especially strong part of the Fennemore Craig culture. Every member of the firm in every role is empowered to help create possibilities so clients can focus on what’s most important – their business. Today, the full-service firm is uniquely poised to help fulfill legal services needs ranging from general counsel to niche legal specialties. Fennemore Craig’s historic perspective positions them to be the partner of choice on issues unique to the West like: agribusiness, business formation,

business litigation, creditor’s rights, cross-border trade, emerging business and technology, gaming, immigration, intellectual property, labor and employment, mergers and acquisitions, mining, natural resources, real estate, trusts and estates and water law. From people to practices, Fennemore Craig has established itself as the law firm dedicated to creating possibilities so clients can thrive.

At the top

TOP REPRESENTATIVE ATTORNEYS

Jim Bond • Phil Fargotstein • Sean Hood • Dawn Meidinger • Jessica Post • C.W. Ross •

At-a-Glance MAIN LOCAL OFFICE: 2394 E. Camelback Rd., Suite 600 Phoenix, AZ 85016 PHONE: (602) 916-5000 WEBSITE: www.fennemorecraig.com

OFFICES IN METRO PHOENIX: 1 NATIONALLY HEADQUARTERED: Phoenix MANAGING PARTNER: James Goodnow NO. OF YEARS WITH FIRM: 19 years YEAR ESTABLISHED LOCALLY: 1885

PRACTICES: Agribusiness; Business and Finance; Business Litigation; Construction; Emerging Businesses and Technologies; Employment and Labor Relations; ERISA and Employee Benefits; Financial Restructuring; Government Relations; Healthcare; Immigration; Intellectual Property; Mining; Natural Resources, Energy and Environmental; Plaintiffs’ Personal Injury; Real Estate; Tax; Trusts and Estates

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JUNE 2019

Legal Services Guide Coppersmith Brockelman P.L.C.

Dickinson Wright P.L.L.C.

Gallagher & Kennedy P.A.

2800 N. Central Ave., Suite 1900 Phoenix, AZ 85004 (602) 224-0999 cblawyers.com Healthcare, Employment, Litigation, Corporate & Real Estate, Governmental Investigations

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

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

DLA Piper

Engelman Berger P.C.

2525 E. Camelback Rd., Suite 1000 Phoenix, AZ 85016 (480) 606-5100 dlapiper.com Corporate, Employment, Tax, Litigation, International Arbitration, Real Estate

3636 N. Central Ave., Suite 700 Phoenix, AZ 85012 (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

Gammage & Burnham P.L.C.

Fennemore Craig P.C.

Gordon & Rees

2394 E. Camelback Rd., Suite 600 Phoenix, AZ 85016 (602) 916-5000 • fennemorecraig.com Blockchain & Cryptocurrency, Business & Finance, Business Litigation, Emerging Businesses & Technologies, Intellectual Property & IP Litigati on, Real Estate, Renewable Energy & Clean Tech, Mining and Environmental, Energy & Natural Resources

111 W. Monroe St., Suite 1600 Phoenix, AZ 85003 (602) 794-2460 gordonrees.com Civil Appeals, Commercial Litigation, Construction, Employment, Insurance Defense, Privacy & Data Security, Real Estate

Jaburg Wilk

2800 N. Central Ave., Suite 1800 Phoenix, AZ 85004 (602) 234-7800 jhc.law 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

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

Greenberg Traurig L.L.P. 2375 E. Camelback Rd., Suite 700 Phoenix, AZ 85016 (602) 445-8000 gtlaw.com Litigation, Tax, Labor, Construction, Corporate, Securities, Intellectual Property

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 P.L.L.C. 16427 N. Scottsdale Rd., Suite 300 Scottsdale, AZ 85254 (480) 991-9077 scottsdale-lawyer.com General Practice, Litigation, Family Law, Real Estate, Bankruptcy

3200 N. Central Ave., Suite 2000 Phoenix, AZ 85012 (602) 248-1000 jaburgwilk.com Administrative Law, Appellate, Bankruptcy, Business/Corporate, Business Divorce, Collections, Construction, Defamation, Employment, Estate Planning, Family Law, Foreclosure, Healthcare, Insurance Law, Intellectual Property, Internet Law, Litigation, Probate Litigation, Real Estate

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

Two N. Central Ave., 15th Floor Phoenix, AZ 85004 (602) 256-0566 gblaw.com Business Organizations & Commercial Transactions, Collections & Bankruptcy, Health Care, Litigation, Real Estate, Zoning & Land Use

Jennings, Haug & Cunningham, L.L.P.

For a more detailed listing of our recommended firms and a complete list of their attorneys and Areas of Practice, please visit inbusinessmag.com/legalguide.

JUNE 2019

INBUSINESSPHX.COM

Legal Services Guide Partners Heather Buchta, Jacque Westling and Brad Vynalek (l to r)

At the top

PARTNERS

Heather Buchta, IP & Data Privacy & Security Isaac Gabriel, Bankruptcy & Creditors’ Rights Leonardo Loo, Business Law Roger Morris, Health & Life Sciences John O’Neal, Litigation & Dispute Resolution Stephanie Quincy, Labor & Employment Nicole Stanton, Professional Liability Ryan Patterson, Products Liability Jason Wood, Real Estate Dawn Gabel, Tax

Quarles & Brady LLP For 125 years, Quarles & Brady LLP has provided quality legal services to a wide range of industries on a national stage. Quarles & Brady is a multidisciplinary AmLaw 200 legal services provider with about 500 attorneys practicing at the top of the profession in Phoenix, Scottsdale, Tucson, Chicago, Indianapolis, Madison, Milwaukee, Naples, Tampa and Washington, D.C. Our national presence allows us to draw upon a group of highly skilled attorneys from all across the country to ensure the right people are working on our clients’ matters. We have extensive experience working with the full industrial gamut, from cutting-edge technology to traditional manufacturing. With the broad network of relationships we have developed with international legal counsel around the world, we are able to effectively handle important

matters for our clients on a global scale. Our clients include major national and multinational corporations, technology companies, educational and research institutions, municipalities and government agencies, charitable organizations, industry executives, and high-net-worth individuals. They are industry leaders in technology, energy, financial services, healthcare, insurance, pharmaceuticals, real estate and manufacturing, among others. Quarles & Brady is proud of our heritage in Arizona, merging with Streich Lang in 2000. We are especially proud of the recognition we have received nationally for diversity and as a top law firm for women. Many of our attorneys are consistently recognized for excellence by the top legal ratings organizations, including Best Lawyers in America, Chambers USA, Southwest

Super Lawyers and Martindale Hubbell. Last year, our attorney team donated more than 23,000 hours of pro bono services, a clear demonstration of the commitment we have to positively impacting the communities we serve across the country. We work to help our clients succeed in many arenas, and hold the highest regard for the trust clients place in our team. We strive to learn our clients’ businesses to see the horizons through their eyes. We don’t just counsel, but invest in the success of each client, partnering with them to achieve their business goals. This dedication and investment is what sets Quarles & Brady apart: We provide a true partnership, in every sense of the word.

At-a-Glance MAIN LOCAL OFFICE ADDRESS: One Renaissance Square Two N. Central Ave., Phoenix AZ 85004 PHONE: (602) 229-5200 WEBSITE: www.quarles.com

OFFICES IN METRO PHOENIX: 2 NATIONALLY HEADQUARTERED: Milwaukee, WI

PRACTICES: Business Law; Litigation; Labor & Employment; Health Law; Intellectual Property; Real Estate; Data Privacy & Security; Bankruptcy & Creditor’s Rights; Franchise & Distribution;

MANAGING PARTNER: Leonardo Loo

Energy, Environment & Natural Resources; Product

YEAR ESTABLISHED LOCALLY: 2000

Liability, Public Finance; Tax; Estates & Trusts, Tax-exempt Organizations; Research Institutions & Higher Education

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JUNE 2019

Legal Services Guide Jennings Strouss & Salmon

Jones, Skelton & Hochuli P.L.C.

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

For a more detailed listing of our recommended firms and a complete list of their attorneys and Areas of Practice, please visit inbusinessmag.com/legalguide.

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

Koeller, Nebeker, Carlson, Haluck, L.L.P.

Lewis Roca Rothgerber Christie, L.L.P.

1 E. Washington St., Suite 400 Phoenix, AZ 85004 (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

201 E. Washington St., Suite 1200 Phoenix, AZ 85004 (602) 262-5311 • lrrc.com IP, Bankruptcy, Corporate & Securities, Commercial litigation, Labor & Employment, Real Estate, Regulatory Affairs, Healthcare

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

Welsh Law Group At the Welsh Law Group, PLC, our attorneys understand that business owners have enough to worry about without having to wade through the legal complexities of drafting agreements or litigating a contract dispute. By taking charge of the legal details, we allow our clients to focus on what is truly important: making their businesses thrive. The Welsh Law Group, PLC, provides the services of eight accomplished

At the top

TOP REPRESENTATIVE ATTORNEYS PARTNER ATTORNEYS

Principal: Kenneth Welsh Jr. Partners: Keely Verstegen, Lisa Streu, and Teresa Wales

attorneys who have extensive experience in the areas of business and corporate law, construction law, litigation and insurance law. Our lawyers have represented clients in complex business transactions, mediation, arbitration and litigation throughout the West. Members of our team are licensed to practice in Arizona, California, Nevada, Oregon and Washington, as well as in the United States District Courts for those states. We work hard to provide the highest level of client service and integrity in our legal representation, accounting and case communications. We are sensitive to the needs of businesses and offer affordable rates.

At-a-Glance MAIN LOCAL OFFICE: 11811 N. Tatum Blvd., Suite 2350 Phoenix, AZ 85028 PHONE: (602) 569-0698 WEBSITE: www.welshlawgroup.com OFFICES IN METRO PHOENIX: 1 NATIONALLY HEADQUARTERED: Phoenix MANAGING PARTNER: Kenneth Welsh Jr. NO. OF YEARS WITH FIRM: 8.5 YEAR ESTABLISHED LOCALLY: 2011 PRACTICES: Business and Corporate Planning and Litigation, Construction Law and Litigation and Insurance Law

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Legal Services Guide

At the top

TOP REPRESENTATIVE PHOENIX SHAREHOLDERS ATTORNEYS

Matthew P. Feeney • John J. Bouma • Barbara J. Dawson • Michael M. Donahey • Barry D. Halpern • Thomas R. Hoecker • Terry Roman

Snell & Wilmer Founded in 1938, Snell & Wilmer is a fullservice business law firm with more than 400 attorneys practicing in 11 locations throughout the western United States and in Mexico, including Phoenix and Tucson, Arizona; Los Angeles and Orange County, California; Denver, Colorado; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Salt Lake City, Utah; Washington, D.C. and Los Cabos, Mexico. The firm represents clients ranging from regional, national and international large, publicly traded corporations to small businesses, individuals and entrepreneurs. Clients include major national and multinational corporations, educational and research institutions, municipalities and government agencies, nonprofits, charitable organizations, industry executives and high-networth individuals.

WHAT SETS US APART External Focus: At Snell & Wilmer, we recognize one straightforward fact — our clients care less about our internal workings and more about the degree to which we understand their business, their industry, and the trends and challenges that can affect their ability to minimize risk and maximize success. This strong external focus and the diverse experience of more than 400 attorneys enable us to help clients solve problems, achieve opportunities and deal efficiently and effectively with an ever-changing economic, business and legal landscape. Expansive Legal Experience; Flexible Approach: Snell & Wilmer is organized into more than five dozen practice areas, so that clients have easy access to attorney skills and knowledge specific to a particular business and industry. Yet

At-a-Glance MAIN LOCAL OFFICE ADDRESS: 400 E. Van Buren St., Suite 1900 Phoenix, AZ 85004-2202 PHONE: (602) 382-6000 WEBSITE: www.swlaw.com

OFFICES IN METRO PHOENIX: 1

many businesses face legal issues that require crosspractice experience. We have the resources to build teams of attorneys from different practice areas and locations who can work together seamlessly to solve the most complex legal challenges. Earned Client Trust: Central to any business is the desire to decrease expense and drive revenue. When dealing with legal matters that involve proprietary business information, trust between the client and our firm is paramount. Snell & Wilmer provides creative yet practical client-specific solutions. Professional integrity and fast response to client needs guide our interactions. In short, we work with clients in ways that are both personal and professional — ways that engender mutual trust and pave the way for successful outcomes.

Matthew P. Feeney

PRACTICES: Bankruptcy, Commercial Finance, Construction, Corporate & Securities, Cybersecurity

NATIONALLY HEADQUARTERED: Phoenix

& Data Protection, Education, Employee Benefits &

MANAGING SHAREHOLDER:

Executive Compensation, Environmental & Natural

Matthew P. Feeney

Resources, Healthcare, Immigration, Intellectual Property,

NO. OF YEARS WITH FIRM: 36 YEAR ESTABLISHED LOCALLY: 1938

Internal Investigations, Insurance, International, Labor & Employment, Life Sciences, Litigation, Political Law & Government Relations, Real Estate, Tax & Nonprofit

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JUNE 2019

Legal Services Guide May Potenza Baran & Gillespie

Radix Law

Salmon, Lewis & Weldon P.L.C.

201 N. Central Ave., Suite 2210 Phoenix, AZ 85004 (602) 252-1900 • maypotenza.com Administrative Adjudications, Alternative Dispute Resolution, Appeals, Bankruptcy Reorganization, Commercial Creditors & Debtor’s Rights, Employment & Labor

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

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

Renaud Cook Drury Mesaros P.A.

Sanders & Parks, P.C.

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

3030 N. 3rd St., Suite 1300 Phoenix, AZ 85012 (602) 532-5600 • sandersandparks.com Civil Litigation, Corporate, Professional Liability Litigation, Insurance Defense, Public Entity/Municipal Defense, Intellectual Property

Rose Law Group P.C.

Schneider & Onofry 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

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

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

Osborn Maledon P.A. 2929 N. Central Ave., 21st Floor Phoenix, AZ 85012-2793 (602) 640-9000 • omlaw.com Commercial Litigation, Corporate & Securities, IP, Technology, Real Estate, Criminal, Bankruptcy

Ryley Carlock & Applewhite 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 L.L.P. One Renaissance Square Two N. Central Ave., Suite 3 Phoenix, AZ 85004 (602) 229-5200 quarles.com Commercial Bankruptcy & Restructuring, Business Law, Environmental, Franchise, Healthcare

JUNE 2019

One N. Central Ave., Suite 1200 Phoenix, AZ 85004 (602) 440-4800 rcalaw.com Energy & Environment, Real Estate & Development, Creditors’ Rights & Banking, Estate Planning & Probate, Corporate & Securities, Litigation, Document Control & e-Discovery

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, Environmental & Natural Resources

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

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

Squire Patton Boggs 1 E. Washington St., Suite 2700 Phoenix, AZ 85004 (602) 528-4000 • squirepattonboggs.com Corporate, Environmental, IP, Litigation, Public Finance, Restructuring, Real Estate

INBUSINESSPHX.COM

Legal Services Guide Steptoe & Johnson L.L.P.

Tiffany & Bosco P.A.

Withey Morris P.L.C.

201 E. Washington St., Suite 1600 Phoenix, AZ 85004 (602) 257-5200 steptoe.com Commercial Litigation, Insurance Coverage & Bad Faith, Labor & Employment, Media & Communications, IP Protection & Litigation, Tax

2525 E. Camelback Rd., Suite 700 Phoenix, AZ 85016 (602) 255-6000 • tblaw.com Banking, Employment, IP, Tax, Real Estate, Commercial Litigation, Construction

2525 E. Arizona Biltmore Circle, Suite 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

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

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

For a more detailed listing of our recommended firms and a complete list of their attorneys and Areas of Practice, please visit inbusinessmag.com/legalguide.

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.

At the top Dennis I. Wilenchik • Becky A. Bartness

At-a-Glance Dennis I. Wilenchik

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. Becky Bartness is now based out of Virginia, principally handling mediation matters.

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: 26 YEAR ESTABLISHED LOCALLY: 1991 PRACTICES: Complex Business Disputes, Real Estate Civil Litigation & Appeals, including White Collar Criminal & Construction Litigation & Disputes of All Kinds

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Barry, Sherri, 37

Enyart, Lance, 11

Holden, Helen, 22

Panagiotakopoulos, Alexi, 15

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Bartness, Becky A., 63

Feeney, Mathew P., 61

Horrell, Emily, 48

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Bouma, John J., 61

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Braaten, Carrie, 46

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Raess, Simone, 24

Welsh, Kenneth, Jr., 60

Buchta, Heather, 59

Gabriel, Isaac, 59

Kay, Braden, Dr., 41

Rogal, Laura, 24

Wilenchik, Dennis I., 63

Buck, Adam, 60

Garmon, Angela, 10

Kirke, Jeff, 18

Roman, Terry, 61

Wissink, Susan, 57

Burbach, Chris, 15

Gill, Anne, 41, 42

Knott, Eric, 51

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Wood, Jason, 59

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Searles, Lynn, 12

Chan, Ken, 66

Goodnow, James, 57

LaRocque, George, 13

Sipes, Stan, 12

Clisham, Patrick A., 56

Halpern, Barry D., 61

Loo, Leonardo, 59

Snelling, Sean, 36

Cotterman, Joe, 24

Hann, Debbie, 10

Merrifield, Kristen, 10

Stanton, Nicole, 59

Act-On Software, 11

Entreventure, 11

Mayer Hoffman McCann, 33

Spencer Fane, 22, 24

Alliance of Arizona Nonprofits, 10

Fennemore Craig, 24, 57

Mighty PC, The, 66

State Bar of Arizona, 55

APS, 23

FinePoint HR, 51

Miller Proctor Law, 24

Taco Guild, 36

Arizona Care Network, 18

First Bank, 6

Mobivity, 11

Tempe Chamber of Commerce, 37

Arizona Diamondbacks, 7

Fundamental Income, 15

Moonshot11, 50

Tesla, 34

Arizona Facial Plastics, 15

Gallagher & Kennedy, 9, 24, 54

Mora Italian, 36

True Food Kitchen, 20

Arizona Small Business Association , 10, 45

GlobalMed, 12

National Association of Women Business Owners – Phoenix, 10

Turbulence, 45

AT&T, 12 Ballard Spahr, 24 Bank of America, 12 Blue Cross Blue Shield of Arizona, 19 BMO Harris Bank, 21 BOK Financial, 2 Brandtini, 45 CBIZ, 33 CapRock Partners, 16 Certn, 11 Cigna, 68 COMMERCIALCafé, 16 Consulate of France in Phoenix, 14 Desert Financial Credit Union, 12, 35 Elyptol, 34 Engelman Berger, 56 Enterprise Bank & Trust, 8

Google, 5

NativeTrust Consulting, 30

Gordian Networks, 46 Grand Canyon University, 41, 43 Greenhouse Software, 13 Gust Rosenfeld, 24

New Pathways for Youth, 39 Phoenix Philanthropy Group, The, 32 Pita Jungle, 36 Quarles & Brady, 59

Heartland, 47

UnitedHealthcare, 67 Veyo, 12 Welsch Law Group, 60 Wilenchik & Bartness, 63 Zoho Field Marketing, 48

Snell & Wilmer, 3, 24, 61, 64

Holmes Murphy, 18 HomeSmart International, 20 HRWins, 13

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Solve Problems from the Root Small business scored success with the ‘5 Whys’ by Ken Chan

Ken Chan is a serial entrepreneur, real estate investor and co-founder of The Mighty PC (www.themightypc.com) and Future Kiddie (www.futurekiddie.com) . Since 2011, The Mighty PC has been rebuilding businessgrade computers, using recyclable parts to reduce cost and environmental waste, for a nationwide clientele. Future Kiddie is a technology curriculum provider that teaches computer skills to young children at 20 Valley preschools to help prepare them for the future.

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Juggling the demands of clients, suppliers, family – it’s easy to take the path of least resistance. It’s easier to not ask the hard questions and quickly “assume” what is needed. We may be surprised, however, if we ask more questions. And the result may go much further than the immediate sale or solution. As a business owner in a highly competitive industry, I am always seeking ways to improve the productivity and profitability of my business, which repurposes and customizes PCs. So I was very interested when one of my longtime clients, a former corporate executive, began telling me about Six Sigma and the “5 Whys.” Six Sigma was developed by Motorola in 1986 when I just a child. It’s a process used to continuously monitor and improve different aspects of a business. The iconic American businessman, Jack Welch, made the process a central part of General Electric when he was CEO of the company in 1995. While initially geared toward tech companies, the basic principles of Six Sigma can be applied to almost any operation to order to increase productivity. Its principles are used in many industries today. My client was the founder of the Six Sigma Black Belt program and has mentored and trained other companies around the world. The “5 Whys,” he explained to me, is part of the Analyze phase of the Six Sigma DMAIC (Define, Measure, Analyze, Improve and Control) methodology - a specific problem-solving technique. This process delves into a problem by looking five levels deep to find its root cause. When I was contacted by the CEO of an inbound call center based in the Philippines, I decided to put the “5 Whys” to a test. His call center, he said, had 150 employees who provided virtual assistance and other services to a global clientele. They

The set of techniques and tools to foster process improvement that is known as Six Sigma was originated at Motorola by engineer Bill Smith in 1980n.

were having a number of technology issues and clients were complaining that the workers were “slow.” I first asked why his clients were saying the workers were “slow.” He explained that many of his employees weren’t meeting their benchmarks in terms of productivity. Asked why he thought this was happening, he said his company’s IT infrastructure was having networking issues and their equipment often couldn’t handle the workload. As I kept probing, I discovered they also didn’t have a stable internet connection and their computer equipment was running slowly. Out-of-date firmware was among other issues at play. He went on say that the area where the call center is located experiences frequent power outages and that couldn’t rely on their local IT firm to support his needs. Quality control was also lacking from online suppliers. . As the conversation progressed, I had a completely new understanding of what was needed. What I first thought was a simple product upgrade turned out to be much more involved. My team quickly sourced faster and more reliable equipment with extended life batteries to allow workers to be productive during power outages. We then customized the PCs to ensure that the same firmware and software versions were being used on each unit. Problem solved. In fact, what I found though this exercise of the “5 Whys” is that by digging deeper and, more importantly, by really listening, we can deliver a better solution to our clients. This early client has purchased many computers from us since this initial fact-finding session. I now use this process consistently in my business. I’m glad I asked.

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