The Enterprise - Utah's Business Journal, Oct. 17, 2011 by Vaughn Taylor

UTAH’S BUSINESS JOURNAL www.slenterprise.com

THIS WEEK Restaurant to replace blight

Pago owner to launch new Spanish-influenced eatery at 1100 East and 1300 South in Salt Lake City. See page 3.

• Industry Briefs • Begin on page 7.

• Calendar • See page 10.

Oct. 17-23, 2011

$1.44

Volume 41, Number 12

Lendio tops MWCN's Utah 100 list of fastest-growing firms of revenue increase from 2006 By Brad Fullmer through 2010. Lendio’s revenues The Enterprise Brock Blake understands the skyrocketed during that five-year needs of small-business owners period, from $107,336 in 2006 to $1.23 million in 2007, to who are in need of capital $2.06 million in 2008, funding. The 30-year-old $6.5 million in 2009 and Lendio CEO and founder, $8.55 million last year. along with two partners, “Our goal is to help started his company (then small-business owners called Funding Universe) across the U.S. get access nearly six years ago with to small-business loans,” limited funds and has seen said Blake. “Access to it grow into an operation Blake small-business loans is that brought in more than a huge pain point and $8.5 million in revenues in has an adverse affect on the econ2010. Lendio’s success earned the omy.” Lendio is essentially a South Jordan-based firm the No. 1 ranking for 2011 at MountainWest matchmaker between a business Capital Network’s (MWCN) 17th owner and a lending institution annual Utah 100 Awards program – much like an online dating serOct. 6 at Grand America Hotel vice, except on a strictly business in Salt Lake City. (See full list level. “Our main focus is to conbeginning this page). Firms are ranked based on the percentage see LENDIO page 2

EnergySolutions tops list of Utah's top revenue growth companies

materials, and was honored recentBy Brad Fullmer ly as the top revenue growth comThe Enterprise Looking back on his career, pany in Utah by MountainWest EnergySolutions president/CEO Capital Network (MWCN) with 2010 revenues of $1.75 Val Christensen never billion. envisioned he’d be the top “I had no conexecutive of an internacept of anything like tionally renowned nuclear this,” said Christensen, services company with a native of Ephraim annual revenues of nearly who graduated from law $2 billion. school at Brigham Young A former lawUniversity in 1980. “I’m yer and executive at FranklinCovey, Christensen not so sure I even understood what lawyers did. Christensen, 58, took over It’s been really interEnergySolutions in March 2010 when former CEO Steve esting. Fifteen years at Franklin Creamer retired. The Salt Lake- Covey prepared me for this sort headquartered company, which of role, but I never thought I’d boasts more than 5,000 employees be the CEO of a New York Stock worldwide (only 250 of whom are Exchange company.” Of the MWCN No. 1 rankin Utah), has remained the global leader in the recycling, processing ing, Christensen said “it’s always and disposal of low-level nuclear see ENERGY page 5

DesignMatters Matters Legal

Executive Lifestyle Executive Lifestyle Legal Matters

Executive Lifestyle Begins on page 13.

Oregon firm brings electrical grid technology to Utah

MWCN releases annual Utah 100 award winners

Legal Matters Legal Matters Matters Legal MountainWest Capital Network (MWCN) honored Lendio as the fastest-growing company in Utah for 2011 at the 17th annual Utah 100 Awards Program recognizing the 100 fastest growing companies in Utah on Oct. 6. In addition to the 100 fastest growing companies, MWCN also recognized the 15 Top Revenue Growth Companies and the 15 Emerging Elite companies in Utah. Top Revenue Growth Companies Winners have the largest dollar amount of revenue growth between 2006 and 2010. 1. EnergySolutions Inc.

Inc.

Portland, Ore.-based Shorepower Technologies has introduced its cost-effective solutions for connecting cars and trucks to the electrical grid at R Place Trucker’s Plaza in Wendover at I-80 and the Utah-Nevada border. Shorepower works much like plug-in stations commonly found at RV parks and boat marinas. By plugging trucks into a power pedestal, drivers can oper-

ate heating, air conditioning and cab appliances without having to leave the truck idling during their mandatory 10-hour rest periods. Shorepower Technologies is installing 32 electrified parking spaces at R Place. “Having shore power available reduces the noise, emissions and fuel and maintenance costs

2. Huntsman Corp. 3. Nu Skin Enterprises Inc. 4. Overstock.com Inc. 5. Myriad Genetics 6. England Logistics 7. Extra Space Storage Inc. 8. Resource Management Inc. 9. USANA Health Sciences 10. Skullcandy Inc. 11. Ancestry.com 12. Backcountry.com

15. Diamond Wireless

Utah Emerging Elite In alphabetical order. The Emerging Elite were selected from among companies with less than five, but more than two years of operation that show significant promise for future success. • 2GIG Technologies

StaffingMatters Matters Legal Shorepower allows trucks to plug into a pedestal to recharge. Appliances can remain on but the truck does not idle.

13. Academy Mortgage Corp. 14. Layton Construction Co.

• • • • • • • • • • • • • •

CampusBookRentals.com Candlelight Homes LLC Cariloha Coherex Medical Inc. GOAL ZERO Infuse Medical Matchbin Inc. Miche Bag LLC OptConnect Orabrush OrangeSoda Qivana LLC SEO.com Zoobies

Real Estate Matters Legal Matters see POWER page 4

2011 Utah 100 – Fastest Growth Companies The Utah 100 rankings are determined from thousands of elisee UTAH 100 page 2

2 from page 1 gible companies throughout the state representing all industries. The rankings are determined by the percentage of revenue increase from 2006 through 2010. 1. Lendio 2. Real Property Management 3. Signature Products Group 4. mediaFORGE 5. ZAGG Inc. 6. Davinci Virtual Office Solutions 7. NetSteps LLC 8. AvantLink.com 9. Skullcandy Inc. 10. You Need a Budget 11. Green River Capital 12. Property Solutions International Inc. 13. Neutron Interactive 14. Molding Box 15. iTOK.NET 16. Pfadt Race Engineering LLC 17. DigiCert 18. SecureAlert Inc. 19. BidSync 20. StorageCraft Technology Corp. 21. Johnson Mark LLC 22. Academy Mortgage Corp. 23. IntegraCore LLC

UTAH 100

Oct. 17-23, 2011

The Enterprise 24. Simply Mac Inc. 25. Blackrock Microsystems LLC 26. AtTask 27. One On One Marketing LLC 28. Integratechs 29. Jakob Marketing Partners 30. Amara Day Spa Salon & Boutique 31. Castle & Cooke Mortgage LLC 32. Next Generation Lighting Supply (NGL Supply) 33. Access Technology Solutions LC 34. eGlobal 35. Solutionreach 36. School Improvement Network Inc. 37. CLEARLINK 38. Opticare of Utah 39. Diamond Wireless 40. Newpark Resort & Hotel 41. SendOutCards LLC 42. Little Adventures 43. Packsize LLC 44. ATMequipment.com 45. EnergySolutions Inc. 46. Durham Brands 47. Fringe Media 48. Jean Brown Research 49. Accelerated Payment Technologies Inc. 50. Myriad Genetics Inc. 51. SolutionStream 52. Diversified Financial Planning Inc. 53. Mindshare Technologies 54. New Dawn Technologies 55. MediConnect Global 56. Extra Space Storage Inc. 57. Control4 Corp. 58. Whipple Service Champion 59. Wasatch Software Inc.

60. ForeverGreen Worldwide Corp. 61. FX Energy 62. Kneaders Bakery and Café 63. Fishbowl 64. Veracity Networks LLC 65. VMI Nutrition 66. Backcountry.com 67. England Logistics 68. EQUINOX Owner- Operator Solutions LLC 69. GPS Capital Markets 70. Cytozyme Laboratories Inc. 71. Costume Craze 72. ServerPlus LLC 73. Five Star Franchising 74. Conservice LLC 75. U.S. Translation Co. 76. MasterControl Inc. 77. Intrepid 78. Action Target 79. Apex EDI Inc. 80. VPI Engineering 81. MultiLing Corp. 82. Resource Management Inc. 83. Ralph L. Wadsworth Construction Co. LLC 84. Namifiers 85. Caspian Services Inc. 86. Ancestry.com 87. Truenorthlogic 88. Aribex Inc. 89. Career Step LLC 90. Cafe Rio Inc. 91. Parvus Corp. 92. Wasatch Supply Inc. 93. Axiom Financial 94. VitalSmarts 95. Merit Medical Systems 96. Dynatronics Corporation 97. Stake Center Locating 98. LatterDayBride.com LLC 99. Seaich Corp. 100. ProPay Inc.

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LENDIO from page 1

nect banks and credit unions with small-business owners,” said Blake. “We work with hundreds of banks and credit unions across the country. We gather information on a business owner, do a soft pull on personal credit and, based on that information, we match them up with lenders that are the best fit.” Blake started Lendio in December 2005 partly with a $50,000 prize he won competing in an “Apprentice”-type entrepreneurial contest during his senior year at Brigham Young University. Blake recognized the challenge small-business owners face in trying to secure adequate funding and based his company on the premise that it could improve the entire loan process. “I knew it was a pain for small businesses to get access to money,” said Blake. “If you look at the lending space, you can go about anywhere and get an auto loan or mortgage loan, but business loans are still inefficient. We give a business owner four or five lenders and they can send their info into the bank or credit union and that starts the loan process. We bring the two parties together and make it a more efficient process.” Lendio’s online platform helps small-business owners determine which loan category best suits their individual needs by asking a series of questions such as credit score, industry, revenue and size of requested loan. In the last two years Lendio generated more than $240 million in loan approvals. Lendio’s sizzling growth has caught the attention of the financial world – the firm recently secured $6 million in funding from firms such as Highway 12 Ventures and GSA Venture Partners. In addition, Inc. 500 magazine ranked Lendio at No. 34 on its Inc. 500 list for 2010, and the No. 1 Utah firm that year. “We’re trying to help small businesses get the capital they need to grow their companies,” said Dan Bischoff, Lendio director of communications. “Business loan approval rates are about 10 percent – that’s bad. With our system, we’re getting up to 70 percent approval rates because we’re helping companies find the right fit, and helping banks find the right borrowers for their products.” Blake attributes his firm’s growth to the niche service it provides, along with a strong team of employees and a work culture that is a “work hard/play hard environment. We have a lot of talented team members that are really passionate about what we do,” he said. The firm started with three people in ‘05, grew to 21 three years ago, and now boasts 45 full-time employees. Blake has

big expectations for the future. “Our goal is to build a business that is the de facto name or brand for small-business owners across the U.S.,” Blake said. “We have some pretty aggressive goals over the next five to seven years; we want to build a $100 million business.” Besides Lendio, other firms ranked in MWCN’s Top 5 fastest growth companies from 2006-10 include Real Property Management of Layton, Signature Products Group of Salt Lake City, mediaFORGE of Salt Lake City and ZAGG Inc. of Salt Lake City. “Utah continues to prove its resiliency and economic prowess as one of the most businessfriendly states in the country,” said Jason F. Watson, president of MWCN. “The Utah 100 aims a shining light upon the businesses who most exemplify this resiliency in Utah.” Watson, a business development officer for Wells Fargo’s Commercial Banking Group, who just completed his first year as MWCN president, said the organization also recognized the Top 15 Revenue Growth Companies in Utah (topped by EnergySolutions Inc.) along with 15 “Emerging Elite” companies, which have been in business for less than five years, yet have displayed phenomenal growth since they’ve been in operation. “It’s an impressive feat for any company to show any percentage of growth in this economy,” said Watson. “It’s significant, especially when you look at the size of some of these companies. To be able to show that growth year after year, it’s an impressive list to consistently be a part of.” Founded in 1983, MountainWest Capital Network is Utah’s first and largest business networking organization, a nonprofit entity devoted to supporting entrepreneurial success and dedicated to the flow of financial, entrepreneurial and intellectual capital. Watson said MWCN has more than 350 members, including prominent business people and sponsors.

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The Enterprise

Oct. 17-23, 2011

Pago owner to launch new restaurant in Salt Lake City

The sister eatery to Pago will be called Finca. Serving Spanishinfluened cuisine, it will open in February. about $6 and $12. A full-service By Barbara Rattle liquor license will be sought — The Enterprise A long-blighted street corner currently, there are only nine in Salt Lake City will soon boast available — and plans call for a new two-story building whose great emphasis to be placed on primary ground-fl oor tenant Finca’s bar. “We’re going to have a little will be a new restaurant owned and operated by the creator of more emphasis dedicated toward Pago, a Spanish-style eatery that craft cocktails,” Evans said. “In opened in the city’s 9th and 9th San Francisco and New York all of the great restaurants have neighborhood in May of 2009. Scott Evans said his new incredible bars, craft cocktails, culinary venture, dubbed Finca attention to detail, house-made (Spanish for vineyard), is slated to infusions. We’re buying a special open in February and will occupy machine that makes the perfect about 2,400 square feet of the new ice cube — square with no air building, now under construction inside. We’re doing some things on the northeast corner of 1300 that no one’s done in Salt Lake South and 1100 East. The building on the bar program. When you replaces an aging former Dairy walk in you may not notice that Queen that lay empty for more it’s bar-focused but if you have a than 12 years in large part because cocktail or a specialty drink it will a canal runs beneath the parcel, defi nitely stand out.” He described the ambiance creating numerous construction complexities. Northstar Builders of Finca as referencing an old bought the site earlier this year warehouse, but with a modern, from the owner of Liberty Heights contemporary feel. Pago’s chef, Fresh, a boutique market located Mike Richey, will also act as chef across the street. Construction of for Finca. As was the case with Pago, an approximately 6,000 square foot building is under way. Evans has secured a private Finca will occupy the bulk of the investor to help launch Finca, and main level. Two Queen Bees, a has applied for fi nancing from a Holladay gourmet cupcake and revolving loan fund overseen by candy shop, will take the rest of Salt Lake City Corp. the ground level. Upstairs will be a small doctor’s offi ce and a personal training fi rm, called Age Well, that caters to those over 50. Like Pago, Finca will feature Spanish-infl uenced farm-totable cuisine, Evans said. While local and seasonal items will be stressed, Finca’s menu will not change as often as Pago’s, which alters monthly. A mixture of tapas (small plates or appetizers) will be complemented by full-plate menu Ron Bagley Business Lending Expert items referencing multiple regions (801) 924-3606 in Spain. There will be seating for about 75 patrons; 20 parking spaces will be available on site. Evans said dinner entrees will generally range from $12 to Member FDIC $20, while lunch will be between

Business lending is our business.

Utah industrial employment rose 1.6 percent in last 12 months Industrial employment in Utah increased 1.6 percent over the past 12 months, according to the 2012 Utah Manufacturers Directory, an industrial directory published annually by Manufacturers’ News Inc. (MNI) of Evanston, Ill. MNI reports Utah gained 2,583 industrial jobs between August 2010 and August 2011. Manufacturers’ News reports Utah is now home to 3,861 manufacturers employing 159,990 workers. Bright spots for the state included several plant openings, such as Procter & Gamble’s new facility in Box Elder County, OSI Group’s dry sausage plant in West Jordan, Alliant Techsystems’ new aircraft component factory in Clearfield and Boeing’s new assembly line in Salt Lake City. In addition JBS USA Holdings Inc. announced an expansion of its meatpacking and processing facility in Hyrum, and Morgantown Machine & Hydraulics expanded its hydraulic component plant in Helper. MNI reports food products

manufacturing remains the state’s largest industrial sector by employment, with 19,213 jobs, up 2.8 percent over the past 12 months. Second-ranked industrial machinery and equipment accounts for 14,584, down 4 percent. Thirdranked chemicals manufacturing accounts for 13,807, down 2.4 percent, due partially to the closure of a Nature’s Way location in Springville. Gains were seen in electronics, up 18 percent; furniture/fixtures up 14 percent; instruments/ related products, up 3.6 percent; stone/clay/glass, up 3.4 percent; rubber/plastics, up 3.2 percent and primary metals, also up 3.2 percent. Sectors that lost jobs over the past year included lumber/ wood, down 7 percent; printing/ publishing, down 1.4 percent; and transportation equipment, down 1 percent. Manufacturers’ News reports Northern Utah accounts for the most manufacturing employment in the state, with 148,097 jobs, up 1.6 percent over the year. Southern Utah accounts for 6,220 industrial jobs, with no significant change

reported, while Central Utah accounts for 5,673 jobs, up 4.2 percent over the past 12 months. MNI’s city data shows Salt Lake City is Utah’s top city for manufacturing employment, home to 51,195 jobs, up 4.2 percent over the year. Second-ranked Ogden accounts for 14,769 jobs, with no significant employment change reported. Provo accounts for 5,867 industrial jobs, up 6.3 percent over the year. THE ENTERPRISE [USPS 891-300] Published weekly by Enterprise Newspaper Group Inc. 825 N. 300 W., Suite C309, Salt Lake City, UT 84103 Telephone: (801) 533-0556 Fax: (801) 533-0684 Website: www.slenterprise.com. For advertising inquiries, e-mail david@slenterprise.com. To contact the newsroom, e-mail barbara@slenterprise.com. Subscriptions are $55 per year for online only, $65 per year for print only and $75 per year for both the print and online versions. or $1.25 per copy. Opinions expressed by columnists are not necessarily the opinion or policy of The Enterprise Copyright 2011 Enterprise Newspaper Group Inc. All rights reserved Periodicals postage paid at Salt Lake City, UT 84199. POSTMASTER: Send address corrections to P.O. Box 11778, Downtown Station Salt Lake City, UT 84147

The Enterprise

POWER from page 1

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that come with idling, and provides one more reason for truckers to stop here,” said Bryan Reed, president of R Place. According to Jeff Kim, president and chief executive officer of Shorepower Technologies, idling a truck consumes as much as a gallon of fuel an hour. With diesel fuel at $4 a gallon or more, idling can easily cost $40 or more per stop. Shore power, by contrast, costs $1 an hour, “and it contributes to reducing our nation’s consumption of imported oil.” Leaving the engine idling also increases long-term wear and tear on trucks, adding to maintenance and repair costs. And both Nevada and Utah have some form

of anti-idling laws on the books, as do several counties in the two states. Installation of Shorepower technology at R Place is part of the Shorepower Truck Electrification Project (STEP), a federally funded program aimed at reducing truck idling. R Place is one of 50 locations to receive the power pedestals through the program, which is administered by Cascade Sierra Solutions, a Eugene, Ore., -based organization, in partnership with Shorepower Technologies under contract to the U.S. Department of Energy. As part of the STEP program, equipment-purchase incentives are being made available to about 5,000 vehicle owners who commit to using the hook-ups to reduce engine idling. Truck owners can apply online to Cascade Sierra Solutions for rebates up to 20 percent of the installed equipment price, or a maximum amount by category; up to 25 rebates per fleet are available. Shorepower pedestals provide access to 120 VAC, 208 VAC or 240 VAC power sources, sold at a rate of $1 per hour, and to cable TV at most locations, with wireless Internet available for an additional charge. Access and payment can be handled with a card, smartphone, laptop or telephone activation system.

Oct. 17-23, 2011

'Unusual' lawsuit by Novell against Microsoft goes to trial Oct. 17; Gates may testify By Brad Fullmer The Enterprise The last in a series of antitrust lawsuits filed years ago by Novell against Microsoft will go to trial October 17 in Salt Lake City. Provo-based Novell filed the $1.2 billion suit claiming it lost significant revenue on the sale of its then-owned software products WordPerfect and Quattro Pro before selling the two products to Corel in March 1996. Microsoft contends that it did nothing wrong, as evidenced by other lawsuits which have been dismissed, and that Novell’s lost revenues were a result of it being late to market software products that were an effective application when Windows 95 was released in August 1995. Novell originally filed the lawsuit against Microsoft in November 2004; the case is finally going to trial nearly seven years later. “This case is a little unusual,” said Jim Jardine, attorney for Salt Lake-based Ray Quinney & Nebeker. “You don’t often see trials involving events that are 16 years old.” “One unusual piece about this

case is that Novell’s claim is about the PC operating system market; the products they are complaining were hurt were not PC operating systems, it was WordPerfect and Quattro Pro software applications,” said Steve Aeschbacher, a former Salt Lake attorney who is associate general counsel for Microsoft in Redmond, Wash. “[Novell] owned those pieces of business for 20 months in the ‘90s and sold them in ’96, then filed this suit at the end of ‘04 for damage to those products back then. They claim there was some anticompetitive activity that helped Microsoft’s position in the operating system market and hurt their [software] products, that they were delayed in getting their Windows 95 versions for WordPerfect and Quattro Pro to market. “In our view,” Aeschbacher continued, “[Novell] being delayed hurt us, it didn’t help us.” “The plaintiffs will have expert witnesses to explain why [$1.2 billion] is the right number and our experts will say even if they are right in liability, given the trajectory of sales of WordPerfect and Quattro Pro and the problems they were having in being late to market [Windows 95 applica-

tions], even if they were to show liability, the damages would be zero because they had already missed the market,” said Jardine. Microsoft has even listed chairman and founder Bill Gates on its witness list; Gates will fly to Salt Lake to testify, if needed, sometime during the first two weeks of November. Jardine said the $1.2 billion figure could be as high as $2.5 billion with interest tacked on. Aeschbacher said both parties have discussed a possible out-ofcourt settlement, but that “it takes two to settle. We’ve definitely had conversations and haven’t been able to reach an agreement.” Regardless of the outcome, the case represents a huge expense for both sides, but that’s the nature of doing business in an oftentimes litigious society. “It’s a huge number when you look at the facts of the case,” said Aeschbacher. “We have a lot of faith in the jury and that our position is right.” Novell attorney Max Wheeler of Snow, Christensen & Martineau could not be reached for comment by press time.

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a great honor to be recognized by our peers; we’re extremely proud to be part of the Utah business community.” Unassuming by nature, Christensen nonetheless has had an impressive professional career by any measure. Following graduation from law school, he practiced law for nearly 10 years as a partner with LeBoeuf Lamb in Salt Lake City. During that time he helped put together the Franklin Covey company (then called Franklin Institute) and in 1989 went to work full-time at that firm, helping it become the largest corporate training company in the world. He left in 2005 to pursue other interests before being recruited by Creamer in the spring of 2006 to work at EnergySolutions as general counsel. He was named company president in December 2008. In the five-plus years Christensen has been at EnergySolutions, the company has seen revenues climb from $427 million in 2006 to $1.75 billion last year. “I’m having the most enjoyable experience of my career,” said Christensen. “It’s a wonderful company with great employees, great assets and technologies. We have a very strong command in the market for what we do.” EnergySolutions is an international nuclear services company with operations throughout the U.S., Canada, the United Kingdom and other countries around the world. It offers a full range of services for the decommissioning and remediation of nuclear sites and facilities, management of spent nuclear fuel, the transportation of nuclear materials and environmental cleanup of nuclear legacy sites. The company was originally founded in 1988 as Envirocare of Utah Inc. by Iranian immigrant Khosrow Semnani and began operations in 1990 in Clive, 75 miles west of Salt Lake City. In December 2004 Semnani sold Envirocare for an undisclosed sum and Creamer became the company’s new CEO. Over the next 15 months Envirocare merged with, or acquired, several other prominent waste disposal companies, including Scientech D&D, BNG America and Duratek, and changed its name to EnergySolutions in February 2006. Christensen said the company’s revenue increase the past five years can be attributed to its various acquisitions of similar waste disposal firms along with natural organic growth. Known primarily in Utah for its one

square mile, Class A low-level radioactive waste disposal site in Clive, EnergySolutions is “really a technology company that supports the back end of the nuclear fuel cycle,” said Christensen. “We handle waste and byproducts for the nuclear industry, which includes power generators, pharmaceutical companies, laboratories and research firms – any player in the industry that generates nuclear materials that need to be safely managed.” Christensen expects 2011 revenues to be flat as the company continues to expand its services and pursue work in other global markets, including Asia and Europe. “We’ve sort of reinvented the company since I took over in 2010; we’re focusing on new growth initiatives in new markets and view 2011 and 2012 as base-building years,” Christensen said. “We’re focusing on growing our core competencies and taking advantage of the opportunities and demand that is out there. We want to explore new markets and develop new technologies to address current markets. It’s an exciting time for the company.” He said EnergySolutions is a partner with Toshiba, and one of many firms helping with cleanup efforts at the Daiichi nuclear power plant disaster site in Fukushima, Japan, the result of the devastating tsunami in March. The company also signed two contracts recently to design and build solid and liquid waste disposal facilities for new nuclear power plants in China, and is pursing new decommissioning opportunities in Europe. “Throughout the world we are recognized as one of the leading nuclear services companies in America,” Christensen said. “We do a lot of engineering and design in support of nuclear power GSBS_Enterprise_4x4.pdf 1 plants. We do some disposal, but

also provide technical engineering services dealing with their fuel, VERY FEW THOUSAND YEARS with outages, and in managing NATURE PRODUCES their waste streams.” Even though he left Franklin THE PERFECT PACKAGE Covey more than six years ago, Christensen still utilizes one of the ever-popular Franklin Day at Planners that once ruled the daily scheduling world. “Certainly PDAs or smartphones, and Outlook on computTT182961 Job No.: ers, have become the tools that SaltorgaLake City, UT Ad Size: 3 Engagement replaced a paperCity: datebook nizer, but I use a Franklin Planner Section: E Media: to take notes at meetings or capInsertion Date(s): ture thoughts. Many people still BROCHURES • DIRECT MAIL • ANNUAL REPORTS • LABELS use them simply because they find COMPANY CALENDARS • BUSINESS FORMS • SHRINK SLEEVES it more efficient to write and they FLEXIBLE PACKAGING • ISO CERTIFIED MATERIALS like the tactile, visual experience. “It’s hard to imagine the world could change as rapidly as • it has,” he continued. “Who would have thought you could take a device the size of your wallet and do research all over the world and take the results and communicate it instantly to someone looking for the answer?” In his spare time away from work, Christensen said he enjoys riding his Harley-Davidson and spending time with his children and grandchildren. He also likes to take in a Utah Jazz game from time to time in the arena that bears his company’s name. He gets a chuckle out of people he meets during his global travels who associate EnergySolutions Arena with the Jazz, thinking that somehow the two firms are more closely related than they are, and that Christensen has a say in the team’s basketball operations. “Whenever I travel and meet people or start chatting with somebody, I tell them I work for EnergySolutions and they start asking me questions like ‘are you going to trade [Carlos] Boozer?’, or ‘what’s going on with Deron Williams?’ I finally just started deciding 8/4/11 5:14to PM answer the questions.”

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ASSOCIATIONS

• ChamberWest, the chamber of commerce for the West Valley City, the City of Taylorsville and Kearns Township area, recognized several local firms and individuals at its recent Legacy Awards Gala. West Valley City Business of the Year is Chick-fil-A. Taylorsville Business of the Year is Zions Bank. Kearns Business of the Year is the Utah Olympic Oval. ChamberWest Business of the Year is ROSI Office Products. ChamberWest Volunteer of the Year is Candy Michels of CM Accounting & Bookkeeping. ChamberWest Volunteer of the Year is Tom Fairbrother of MaxImage Printers. The ChamberWest Legacy Award was presented Costco.

BANKING

• A team of Zions Bancorporation’s women executives were named one of the Top Teams in American Banker magazine’s Most Powerful Women in Banking In addition to the team award, LeeAnne Linderman, executive vice president of branch banking at Zions Bank, received an individual award, rising to be ranked as one of “The 25 Most Powerful Women in Banking.” Since 2004, women executives from Zions Bancorporation have consistently been included in the annual rankings. According to American Banker, Zions’ team is one of four selected across the industry and stands out because of its “diligent efforts, and emerging success, at promoting women to its highest ranks, and in institutionalizing diversity efforts and mentoring programs.” • The Salt Lake Chamber formalized a relationship with the World Bank to act as the state’s Private Sector Liaison Officer (PSLO). The relationship is designed to help Utah businesses and businesses throughout the Intermountain West gain access to projects funded by the World Bank in developing countries. The World Bank provides loans to developing countries for large-scale projects designed to improve living standards and reduce poverty. These projects – building health clinics or schools, investing in roads so farmers can get goods to market, or improving telecommunications or sanitation, for example – frequently involve international competitive bidding under guidelines established by the World Bank. The guidelines help level the playing field for U.S. companies. The PSLO will guide Utah companies through the procurement process, creating better understanding and

The Enterprise

• Industry Briefs •

more opportunities to bid on these projects. Last year, the World Bank provided $46.9 billion for 303 projects in developing countries worldwide. Included in that were $1.6 billion of contracts awarded to consultants and $2.9 billion for goods.Businesses in Utah and throughout the Intermountain West interested in opportunities available through World Bank funded projects can contact the Chamber directly to begin the process. The Chamber will hold its first procurement seminar Dec. 2 at 8 a.m. Registration is open at www. slchamber.com. • Bank of American Fork has promoted three employees. Mark Purcell has been promoted to assistant vice president / compliance officer. Purcell has more than five years’ experience in the banking industry. He started as an assistant auditor before being promoted to auditor I and then compliance specialist. In his new position, Purcell is responsible for ensuring regulatory compliance bank-wide with government agencies. Michael Miner has been promoted to branch operations manager for the bank’s Pleasant Grove branch. He was also promoted to an assistant vice president. He started at the bank as the computer night operator before being promoted to branch support specialist and then to assistant operations manager in 2009. Angie Allen is the new operations manager at the bank’s Saratoga Springs branch. Allen’s banking career spans 10 years with Bank of American Fork, where she started as a teller at the Lehi branch before being promoted to vault teller at the American Fork branch and then assistant operations manager at the Highland branch. In 2005, she was promoted to operations manager. Allen has served as the operations manager at the Pleasant Grove office since 2005 when she was also made an assistant vice president. • Four women from the Salt Lake City area were selected to receive 2011 Smart Women Grants from Zions Bank. They are Polly Parkinson of Salt Lake City, Quilters Without Borders; Pastor Tee J. Evans, The C.O.P. Community Food Pantry; Morgan Barron, Partnering with Wasatch Community Garden; and Amanda Mae Grow, Score Higher Utah project. The grant recipients were announced at the Zions Bank Smart Women Smart Money conference in Salt Lake City on September 28, where each was awarded a $3,000 grant.

C O M P U T E R S /

SOFTWARE

• Wasatch Software, a West Jordan-based provider of technology products and services, has acquired MedCHIT, an Idahobased information technology services provider. In addition to serving as a reseller of Microsoft, HP and other technology products to several thousand clients nationally, Wasatch Software also

operates an IT services and computer support division for small businesses throughout Utah. The acquisition of MedCHIT now expands these services into Idaho. Additionally, the experience and expertise of MedCHIT will allow Wasatch Software to expand its service offerings to medium-sized organizations.

CONSTRUCTION

• Sahara Inc,, Bountiful, has begun construction on the Oquirrh Meadows Assisted Living Center in West Valley City. The 62-bed assisted living center will be 49,000 square feet and include a separate 15,000 square foot office building onsite for the owner. Completion is scheduled for spring 2012. 24-7 continued on page 16

EvEn thE biggEst bumps arE just part of thE road. Over the years, we’ve helped countless businesses get the cash flow they need to keep moving, and we can do the same for you. Learn how at tabbank.com or by calling 800.355.3063.

An apple a day has passed away, but he left a basket full of legacy I never met him, but I knew admired him as a person of courhim. age. I never talked to him, but he • I, like millions of others, are spoke to me often. more than sad he’s gone. I never saw him present live, • I, like millions of others, have but my vision of him is burned into been impacted by his products. my brain. • I, like millions of others, are Steve Jobs has left the earth, more than grateful for his contribubut his legacy is among each of us, tions. and we will be touched by him every Death has always had a chalday for decades. lenging effect on me. My candle When I learned of his flame that burns seems death, I was so saddened brighter and hotter with I couldn’t write. I just sat the death of Jobs. I have there in disbelief, realizing a greater sense of urgency, that the life of the business and a renewed drive to hero I followed would no achieve more in a shorter longer be alive to announce time. the next amazing technologiWatching tributes cal product. tonight, I saw his Stanford After a few hours, I University graduation Jeffrey posted this on all of my social address that was delivGitomer media outlets: ered in 2005 (http://www. Steve Jobs has passed away, youtube.com/watch?v=D1R-jKKpbut his legacy will live longer than 3NA). It’s a typical Jobs message any of us. I am sad that my business of humor, brilliance, simplicity and hero has gone to his final reward, riveting truth. and forever grateful for what he has Steve Jobs did not just leave done to my world, both in business a legacy, he also left a lesson. Do and in life. Thank you Steve for a what you love and believe will make Jobs well done. a difference. And do it full force, in The laptop, the iPod, the the face of naysayers and obstacles. iPhone and the iPad were created What are you thinking about? and improved beyond the imagina- What is your vision? tion or the capability of 1,000 of his What are you working on? peers. The great Bill Gates tried and How are you turning your hard failed – many times – to top Apple work into your reality? products. So have every one of his And when you’re done, who competitors. will it impact for a lifetime? And Jobs did all of this with Steve Jobs blazed a trail of quiet dignity, genius, eloquence and amazing accomplishment. His legsimplicity. acy of innovation and achievement If you own an Apple product, is more than one person could imagany Apple product, there’s one thing ine. He parallels Edison as a pioneer. you don’t need – an instruction man- One or more of his marks are most ual. I have been using everything likely in your home. Mac and everything Apple since I humbly thank him, wish him 1984 and I have NEVER read one a peaceful journey, and hope his word of “how-to” instruction. Part family will revel in the memory of a of Jobs’ design genius was to make great thinker, a great leader, a great every product intuitive. marketer, a great family man and a One man reinvented the com- great person. puter, the operating system, the On my LinkedIn comments this music player and the cell phone morning someone posted “iSad.” (now called a smartphone), and cre- And immediately someone else postated a tablet to fill a market space ed “iSad2.” I couldn’t have “sad” it that no one even knew was void – any better. the iPad. The iPad2 is changing the face of book publishing, and book distribution, the same way the iPod Jeffrey Gitomer is the author of The changed music and music distribu- Sales Bible, Customer Satisfaction is Worthless Customer Loyalty is tion. Priceless, The Little Red Book of Amazing? No – genius. Once Steve Jobs hit his stride, Selling, The Little Red Book of Sales Answers, The Little Black Book of he only looked, and leaped, forward. Connections, The Little Gold Book He turned idea into vision, vision of YES! Attitude, The Little Green into reality and reality into billions. Book of Getting Your Way, The Little Apple retail stores have lines around Platinum Book of Cha-Ching, The the corner for new product launches. Little Teal Book of Trust, The Little On an average day, it’s hard to Book of Leadership, and Social see the floor because the stores are BOOM! His website, www.gitomer. so crowded. More genius? Every com, will lead you to more informaemployee in the store is a cash reg- tion about training and seminars, or ister! email him personally at salesman@ Not bad for a college dropout. gitomer.com. • I, like millions of others, © 2011 All Rights Reserved

The Enterprise

Branding: legal Dos and Dont's

Oct. 17-23, 2011

Branding is the bridge between you and your early? clients. It is how referrals find you and determines Don’t wait too long: Because there is no offiwhat they think of you. It can make or kill a lead, cial deadline to file your trademark application, prospect or customer. For anybody who wants a many people will put it off until a trigger happens. sustainable business or non-profit with a reach That trigger might be getting a nasty-gram from beyond their personal circle, good decisions about another company saying you have to change your branding are critical. name. It might be discovering that some Fortune As an intellectual property attorney, I have a 500 company has launched a major new product front row seat when it comes to the effect of brand- under your name. By that time, it is usually too late ing decisions on a company. From that vantage, I to fully own your brand. You might even have to have selected some tips and suggestions, from a change your brand and spend all those marketing legal perspective, for building a strong brand. dollars all over again. You will also spend tens to Below are few tips and suggestions about hundreds of thousands of dollars to deal with the what to do and what NOT to do when it comes problem that you could have completely avoided to your branding. Not every tip fits every for a couple thousand in the beginning. situation and, as usual when reading articles Don’t break the sequence. Here written by attorneys, you should always is the sequence: (1) Find a brand that seek professional advice about your particuyou really like; (2) do your due dililar situation. That said, in most cases these gence to make sure you can own it; tips can decrease your legal costs, give you (3) get protection on the brand; (4) more legal leverage and increase the return implement your brand. If you break you get on your marketing and advertising the sequence, you risk wasting time budget. Here goes: and money. That could be wasting a DOs few hours and a few thousand dollars Jason Webb A brand is a promise. Make sure your because you have to redo a trademark brand graphically promises what you actuapplication. It could be wasting years ally deliver. Meeting expectations is one of the and hundreds of thousands of dollars or more if best ways to avoid legal problems. So, if your you have to completely change your brand three brand is helping you meet expectations, it is work- years into your business. For example, don’t spend ing 24/7 to keep everyone satisfied and you out of a lot of money on product packaging, inventory, court. If you deliver very high quality and charge websites, brochures, etc. before finding out if you a high price, your brand should “say” that loud can own your brand. Those costs tend to be some and clear. If you deliver fast and cheap, your brand of your highest costs. If you step on someone’s should highlight that. toes and have to change your brand, they will Be different. If your brand looks like every- not foot the bill for any of your redo costs and one else (or worse, like someone else in particular) they will expect you to take care of the problem then your chances for protection are slim to none. “now.” Worse, your chances of having to defend yourself Your brand is your face, how the world sees are very high. It is better to spend a little more time you. For many companies, especially consumer planning your brand than to spend a lot of money product companies and B2B service providers, a on marketing and litigation later. As an FYI, if you strong and protected brand can be 60 percent or think that someone else might call their lawyer more of the total value of the company. Making when they see your brand, then that is a good sign good decisions, doing things in the right sequence that it isn’t different enough. Do you really want to and protecting your brand go a long way toward count on their lawyer to convince them not to sue building a successful company and grooming it for you? a lucrative exit. Diversify for safety and a chance at the big win. You can never predict what will happen or Jason Webb is a registered patent attorney with how something could threaten some aspect of your Webb IP Law Group, South Jordan. For more information, visit www.webbiplaw.com. brand. Be sure that your brand image includes at least a few of the following: company names, product names, tag lines, slogans, nicknames, color schemes, jingles, images (cartoon characters, photos, special designs, etc.), certification marks, smells (yeah, you can protect a smell!), and etc. Think of diversifying your brand as (1) buying insurance against catastrophic events that can tarnish your brand and (2) as placing bets on variations of your brand, bets that can pay off huge if you land on just the right message. DON’Ts Don’t be too descriptive: If a random person who has never heard of your company can tell what you do by just hearing the name of your company, then your name is probably too descriptive. Descriptive (or worse, generic) brands get little to no protection, and that means that they have little to no value. Think of your brand as a balloon that acts like a piggy bank. Every time you spend marketing or advertising dollars, some of that value goes into your brand. As it fills it expands and holds more and more value. Generic and descriptive brands fill up pretty quick, while suggestive and fanciful brands can build value forever. With about 80 percent of the exit value of companies today being held in non-tangible assets like their brands, do you really want to cap out your value

Oct. 17-23, 2011

The Enterprise

More jobs, less recession risk

The September employment report professional and business services. The was somewhat better than expect- nation’s education and health services seced. September job gains, plus upward revi- tor added 45,000 jobs. sions to job gains during July and August, The government sector lost another will lessen the discussion of an imminent 34,000 jobs in September, with 24,400 of return to recession. My view all along has them in public education. The American been that we will avoid another recession, Federation of Teachers notes that 277,000 although U.S. economic growth will be education jobs have been lost since 2008, frustratingly weak. with another 280,000 more job losses At the same time, American job likely to occur during the next year due to creation in an economy aided by mas- state and local budget cuts (The New York sive, gigantic and unprecedented stimulus Times). should be much better. Too much governOther Details ment is part of the problem, not part of the Total unemployment remained at solution. roughly 14 million people. The Details number of people out of work The American economy for more than 26 weeks rose by added 103,000 new net jobs during 208,000 to 6.24 million. September, versus forecast expecta The “underemploytions closer to 60,000 jobs. As we ment” rate, that which includes knew going into the report, 45,000 the unemployed, those working “new” jobs would simply be the part-time who would prefer to return of Verizon workers to the work full-time and those disworkplace, following a strike. couraged workers who have Perhaps most noteworthy Jeff Thredgold stopped seeking a job but within the report was sharp upward would take one if offered, rose revision to previously reported to 16.5 percent, the highest job estimates for July and August. The level this year. net addition of 99,000 jobs during these Average hourly earnings for all two months is meaningful. July’s gains employees on private non-farm payrolls were revised from 85,000 net new jobs to rose by four cents (0.2 percent) to $23.12. 127,000, while August’s initial report of The rise of 1.9 percent during the past 12 no — zero. zip, nada jobs — was revised months is just one-half of the 3.8 percent up to 57,000 jobs. rise in consumer prices during the past Annual Stuff year, leading to further strains on con The U.S. economy, until estimates sumer spending. are revised again, has added 1,074,000 Better news saw the average work net new jobs to-date in 2011, an average week rise by 0.1 hours to 34.3 hours. While of 119,000 monthly. Such totals compare seemingly inconsequential, it equates to to the addition of 940,000 net new jobs in the addition of another 140,000 jobs with2010, an average of 76,000 jobs monthly. in the economy. The addition of slightly more than Other Employment Breakdown two million jobs during the past 21 months The unemployment rate for adult now offsets only one-fourth of the more men dipped to 8.8 percent in September than eight million jobs lost in 2008 and from 8.9 percent the prior month. The 2009 alone. There remains much to do. unemployment rate for adult women rose The nation’s unemployment rate to 8.1 percent in September from 8.0 perremained at 9.1 percent for the third month cent in August. in a row. The jobless rate has averaged The unemployment rate for teenagslightly above 9 percent for the past three ers declined to 24.6 percent in September years. from 25.4 percent in the prior month. Still, As we will hear multitudes of times with one out of every four job-seeking as we approach the 2012 presidential teenagers out of work, their ability to build election, no president since Franklin D. critical workplace skills is severely diminRoosevelt in the late 1930s has ever been ished. reelected with an unemployment rate The jobless rate for whites was above 7.2 percent. We are at 9.1 percent. unchanged at 8 percent. The jobless rate Even the best estimates for late next year for blacks or African Americans declined are no better than 8.5 percent, with most from 16.7 percent to 16 percent, but such slightly higher. There is a valid reason the a level is way too high! The jobless rate President is aggressively pushing a costly for those of Latino or Hispanic ethnicity jobs program. Similar reasons suggest the remained unchanged at 11.3 percent. President will support additional employAn Education/Employment ment programs during the next year. Connection? It ain’t rocket science. Anyone questioning the value of eduThe Nitty Gritty cation in the workplace need look no The nation’s goods-production sector further The unemployment rate for those saw the addition of 18,000 net new jobs with less than a high school diploma was in September, led by 26,000 new jobs 14 percent in September, while the rate for in construction. The rise was the best in high-school graduates with no college was seven months and was led by a jump in 9.7 percent. nonresidential construction activity. The unemployment rate for those The nation’s mining and logging sec- with some college or an associate’s degree tor added another 5,000 jobs. Not so hot was 8.4 percent, while the unemployment was the loss of 13,000 manufacturing jobs rate for those with a bachelor’s degree or during the month, the largest decline in 13 higher was a low 4.2 percent. months. Policy Matters The nation’s private service-provid- An editorial in the Oct. 8 issue of ing sector added 119,000 net new jobs see THREDGOLD next page in September, led by 48,000 new jobs in

The loss of Jobs

It was early 1986. Just over a year after I mean, did any of us know we wanted I opened my advertising agency in Idaho an electric light until Edison showed it to Falls. My first use of any kind of computer at us? all wasn’t that long ago. It was at my former J The innovations Jobs brought to the O B. I had a terminal for a mainframe. Green market were and are stunning in scope. He screen, DOS operating system, dozens of was truly a visionary. But I guess you can commands to memorize. Basically a pain in say that about science fiction writers. The the butt. difference is, Jobs figured out ways to bring Now, however, a local printer was to reality his visions of the future. introducing me to something different. A The other side of the equation, of new kind of computer, made for the rest of course, is marketing. And this is, as much as us. It was called … the Apple Macintosh. anything else, what really sets Jobs apart. It didn’t take me long to figure out I deal with “inventors” all the time. that I wanted one. And it was easy People bringing their products to justifying the idea that I needed one. me. I see their innovations — some It was so easy, so user friendly, so good and useful, many almost a immediately no-brainer to operate. joke — but I see them. And their And it was best at doing what we question is always the same: “How advertising types do … graphic do I market this?” design. (Up to this point, I was doing Jobs didn’t just know how to everything on an IBM Selectric innovate. He also knew how to typewriter and with T-square and market. What an exceptional and triangle on a drawing table.) Jim Ackerman rare combination. I certainly don’t It took months of deliberating have it. Not the way he did. and cajoling my wife, but by the Here are the secrets, it seems to end of the year I nervously took me, of Jobs’ marketing success: the plunge and got my first Mac Plus and Laserwriter Plus. The package cost me 10 • He brought products to market that grand! And it remains, to this day, the single were demonstrably different and superior to largest investment of any kind I’ve made his competitors. for business purposes, with the possible • He didn’t flinch at charging a premium exception of an occasional media buy. I went price, which also set him apart from the into hock to buy it, which really scared my crowd. wife. And if the truth be told, I was petrified • He realized that it would take more about it myself. than a superior product; that it would also Turns out it was one of the best business require a superior presentation. decisions I ever made. That little computer • Generally, he knew how to wait, to served me, trouble-free, for years. And I’ve be patient and to make sure his team waited been an Apple Man ever since. and was patient too. You heard rumors about I’ve mused in the past about this. I’ve what was up at Apple, but you seldom knew, talked about the entire experience of doing until they announced it. And when they business with Apple. I’ve particularly announced it, it was already good. Compare extolled the virtues of Apple’s realization that “brand” is about the experience, and because that to Microsoft and its track record of weak of my experience with Apple, wild horses releases. • He made sure that everything about his couldn’t drag me away from this brand. company, as well as his products, contributed And now … now we’ve lost Steve to that “different” kind of experience. Jobs. • He was passionate about what he did This is one of the most significant and he had fun doing it. losses in the history of the industrial age. I’m not saying the man was perfect. Unquestionably the greatest loss of the The ironic release of the iPhone 4S in such computer era. Has to be. Jobs essentially proximity of his passing is evidence of that. invented the computer era. Oh, I know he didn’t invent computers, And incidentally, could give many pause as or even the personal computer. He just they consider the future of Apple. But I am invented making them easy, fun and even saying he had the right idea about just about sexy. And that has made all the difference. everything business. But Jobs' legacy is bigger than I do admire the fact that he has literally Macintosh, bigger than the iPod, iPhone changed the world, more so perhaps than and iPad. It’s bigger than Apple itself. Jobs’ anyone since Edison. legacy to all of us is in the example he set of And though Steve was actually two how to do business. years younger than me, I have to say, I want I’ve quoted another great visionary in to be like Steve when I grow up. this column, and every time I quote him, it’s How ‘bout you? been the same quote. Peter Drucker said, “There are two and only two legitimate functions of Jim Ackerman is a Salt Lake City-based business … marketing and innovation; the marketing speaker, marketing coach, author and ad writer. For his speaking services go rest is expense.” www.marketingspeakerjimackerman. Nobody, probably including the great to com or contact Ackerman directly at Drucker himself, exemplified these words mail@ascendmarketing.com. Subscribe more than than Steve Jobs. to his VLOGS at www.YouTube.com/ He was legendary, of course, for being a MarketingSpeakerJimA, where you get a stickler for detail. Legendary for eschewing video marketing tip of the day, and at www. market research and focus groups, saying YouTube.com/GoodBadnUglyAds, where that the public doesn’t really know what it Ackerman does a weekly ad critique and lets wants until you show it to them. you do the same. ©2011, Jim Ackerman And if that doesn’t epitomize the spirit All Rights Reserved of innovation, I don’t know what does.

Oct. 17-23, 2011

The Enterprise

• Oct. 18, 3:30-5:30 p.m.: “How to Raise Money,” presented by the Wayne Brown Institute and VentureCapital.org. The event will deal with the tough issues of raising money and Utah, and feature venture professionals in an open Q&A session. Presenters will include Benjamin Johnson, Division of Securities; Jullian Castelli, president and CEO of Castles Media; Michael Zumwalt, executive vice president for 212

Resources Inc.; and Brad Bertoch, member of Salt Lake City Angels, Park City Angels and founder of WBI Angels. Location is Coldwell Banker, 9350 S. 150 E., seventh floor, Sandy. Free. Register at www.venturecapital.org. • Oct. 19, 8:30 a.m.-4 p.m.: “Stakeholder Thinking and Modeling,” presented by Bank of American Fork and CEObuilder. Bradley Agle, George W. Romney Endowed Professor and profes-

• Calendar • sor of ethics and leadership at the Marriott School of Business at Brigham Young University, will teach participants how to analyze their own organizations and learn to build more effective and ethical organizations through the process of stakeholder modeling. Stakeholder theory will be introduced, with particular emphasis on the practical application of stakeholder identification and salience. Agle will use a combina-

tion of lecture, case studies and participant involvement to provide attendees with insights regarding the stakeholders who inevitably impact their personal and organizational success. Location is the Riverton branch of Bank of American Fork, 2691 W. 12600 S.. Free. Although CEObuilder forums are typically open only to member CEOs, Bank of American Fork has five free openings for the workshop. Those interested in

Limit Your 401(k) Plan Exposure. A

s your company’s 401(k) Plan Sponsor, you have specific fiduciary responsibilities – and liabilities. As the plan fiduciary, you shoulder the responsibility for the plan selections you make, increasingly intricate compliance requirements, and the fees charged against your plan’s assets by plan providers. Soon, new Department of Labor regulations take effect requiring full disclosure of 401(k) plan fees. Because fees can seriously erode earnings, this change will prompt questions from employees about the integrity of your plan. The wrong answers could lead to employee lawsuits. An XrayMy401k.com Advisor can examine your plan right down to the bone, showing how to mitigate risk and optimize the value of your plan. Then we’ll customize a 401(k) solution that is specific to your needs and effectively communicate the benefits of this to your employees. Reduce your fiduciary liability. Call us today or visit www.Xraymy401k.com. So you can be more confident, and less exposed.

Galileo Financial Group 6995 So. Union Park Center, Suite 100 Cottonwood Heights, UT 84047 (801) 797-6232 Fax: (801) 561-1940 www.galileofn.com Todd Kim, President

Sean Lee, Director of Financial Services

Greg Roumpos, CEO

Investment Advisory Services offered on a fee basis through Global Financial Private Capital, LLC, an SEC Registered Investment Adviser.

attending may RSVP at bankaf. com/events or (801) 642-3139. • Oct. 21, 8-10 a.m.: Financial Leaders Business Breakfast, sponsored by Robert Half and Protiviti. Senior financial executives will host an interactive discussions about trends and best practices in financial reporting, both globally and in the U.S. Areas of focus will include key initiatives related to the convergence of U.S. GAAP and IFRS, a review of proposed changes to revenue recognition and lease reporting, and evaluation of potential impacts to business processes, systems and personnel. Location is the Garden Room at Thanksgiving Point, 3900 N. Garden Dr., Lehi. Free, but seating is limited. RSVP by Oct. 14 with Channing Galbraith at channing.galbraith@rhi.com or (801) 364-5500. • Oct. 25, 8 a.m.-noon: “Dramatically Better Decisions — Every Day,” presented by The Employers Council. Niel Kickolaisen, vice president at

THREDGOLD from previous page

The Wall Street Journal noted the slightly better prospect for the economy with the release of the September jobs data. However, it also drew a contrast. The editorial noted, “As it happens, the biggest one-month jobs gain in American history was at exactly this juncture of the Reagan Presidency, after another deep recession. In September 1983, coming out of the 1981-82 [economic] downturn, American employers added 1.1 million workers to their payrolls, the acceleration point for a sevenyear expansion that created some 17 million new jobs. “The difference between then and now isn’t the magnitude of the recessions but the policies the U.S. pursued to restore growth. In the Reagan expansion, spending and tax rates were cut, regulations were eased, and government was in retreat. Today, we’ve had a spending and regulatory boom, the threat of higher tax rates, and a general antibusiness political climate. Policies have consequences." Jeff Thredgold is the only economist in the world to have ever earned the CSP (Certified Speaking Professional) international designation, the highest earned designation in professional speaking. He is the author of econAmerica, released by major publisher Wiley & Sons, and serves as economic consultant to Zions Bank.

EnergySolutions Inc., will teach participants how to harness the power of better decision-making by using his proven decision-making model. Topics to be covered will include decision-making as a process, business value model, purpose alignment, considerations, costs and benefits, application to strategic planning and hands-on application using exercises and case studies. Location is the Radisson Hotel, 215 W. South Temple, Salt Lake City. Cost is $129 for council members, $209 for nonmembers. Price includes materials, full breakfast and parking. Download the registration form at http://ecutah.org/ decisions.pdf. • Oct. 26, 11 a.m.-2:30 p.m.: The Building Owners and Managers Association (BOMA Utah) Medical Office Building Symposium. Attendees will explore the dynamic trends that emerge when health care and real estate intersect. Speakers will discuss the key trends and drivers of health care as an industry — from uncertainty about health care reform, to how the state of Utah is working to curb health care costs, to constant pressure on physician’s and health care system’s bottom lines. Location is The Tower at Rice Eccles Stadium, 451 S. 1400 E., Salt Lake City. Cost is $35 for BOMA members and their guests, $60 for nonmembers and visitors. Register at www.BOMAUtah. org. • Oct. 27, 8:30 a.m.-4:30 p.m.: InsideOut Coaching Workshop, presented by InsideOut Development. Attendees will learn how to implement a simple and repeatable coaching process which can be applied in a variety of situations; coach others to recognize their true talents and apply them towards greater performance; assist others to maximize potential by creating awareness, setting goals, and creating focused action; help others develop action plans to increase performance, establish accountability and increase productivity, navigate difficult conversations with more confidence and greater accountability; and communicate feedback in fast and effective ways. Location is the Grand America Hotel, 555 S. Main St., Salt Lake City. Cost is $449. Register at www.insideoutdev.com. • Oct. 28-29: Women in Business Conference, sponsored by the BYU Management Society and the Marriott School of Management at BYU. Keynote speakers will be Cathy Chamberlain, managing director of market strategy for Deseret Book Co.; Linda Daines, managing director for private client services at Goldman Sachs; and Jan Saumweber, senior vice president of Global WalmartTeam Sara

The Enterprise

Oct. 17-23, 2011 Lee Corp. There will also be a number of breakout sessions and speakers. The Oct. 28 events run from 5:30-9 p.m. while the Oct. 29 events run from 7:30 a.m.-4:15 p.m. Location is the BYU campus in Provo. Cost varies depending on number of events attended. Registration deadline is Oct. 14. For more information and to register, visit www.wibc.byu.edu. • Nov. 2, 8:30 a.m.-1 p.m.: Global Commerce Conference, sponsored by MultiLing Corp. A panel discussion will include Brian Chandler, vice president of business development and technology at MultiLing Corp.; Andrew Lewis, consul and head of trade for UK Trade and Investments; Nate Siefert, commercial officer at U.S. Commercial Service; Brett Heimburger, director for Asia at the Governor’s Office of Economic Development; Kent Millington, director of technology commercialization at Utah Valley University; Chris Boyle, president and CEO of Access Technology Solutions; and Warren Osborn, CEO of SPAR. Location is Noah’s, 322 W. 11000 S., Room 100, South Jordan. Free. Register at http://2011globalcommercecon ference.eventbrite.com. • Nov. 4, 7 p.m.: Utah Technology Council 2011 Hall of Fame Gala. Keynote speaker will be Larry Eillison, founder and CEO of Oracle Corp. Location is the Grand America Hotel, 555 S. Main St., Salt Lake City. A networking session will begin at 6 p.m. Cost is $300 for UTC members, $450 for nonmembers. Register at www.utahtech.org. • Nov. 5, 6 p.m.: Utah Manufacturers Association 106th Annual Awards & Installation Banquet. Utah’s Manufacturer of the Year will be honored. Location is the Little America Hotel, 500 S. Main St., Salt Lake City. Cost is $85 per person or $750 per table, maximum 10 persons. Register at www. umaweb.org or by calling Teresa Thomas at (801) 363-3885.

Protect your business when banking online You’ve heard of the secu- the creation of the payment file rity breaches of large companies and a second employee would like TJX, which resulted in stolen be responsible for authorizing data of tens of millions of credit the release of the file. This way, and debit cards, along with mil- a hacker would need to breach lions of dollars paid to the Federal two computer accounts in order to Trade Commission, credit card commit a fraudulent transaction. companies, banks and consumers. Customize user controls: Perhaps you thought such a secu- Many banks have the ability to rity breach could never customize individual user happen to your company. controls, such as limiting After all, you’re just a certain users to certain local, small, mom-andtypes of transactions or pop-type of business, allowing online bankright? ing access only during If that was true in the certain business hours or past, it certainly isn’t true from certain IP addressany longer. Data thieves es. Ask your banker how now include unassuming to employ these protecsmall businesses on their Dale Gunther tions. list of victims. Use Positive Pay. Many Chances are your banks offer a “Positive bank is taking all of the necessary Pay” service that matches the measures to protect your online account number, check number banking and account information, and dollar amount of each check but that does no good if you are presented for payment against a not just as vigilant. list of checks previously authoIn honor of National Cyber rized and issued by your company. Security Awareness Month this This ensures checks written by October, have your small business businesses are cashed by the cormake a commitment to keeping its rect parties and for the correct online financial information safe. amounts, effectively thwarting the With the help of the e-banking efforts of thieves who would alter experts at Bank of American Fork, checks for fraudulent purposes. I’ve compiled a list of tips to help Get alerts. Set up customyou do this. ized e-mail or text message alerts Establish dual control. that will let you know when cerWork with your bank to establish tain online transactions occur, “dual control” over your account. such as when an account falls Dual control requires approval below a preset amount or a funds from two individuals before any transfer is made. This will provide transactions, including check pay- you with an early warning of any ments, wire transfers, funds trans- fraudulent activity. fers, payroll files and ACH payUse multi-factor authentiments, can be made. For example, cation. Multi-factor authenticaone employee would authorize tion is a fancy way of saying

that you need more than just a simple username and password to access your account. At Bank of American Fork, online business banking users are provided an ID token that provides a new, unique, numeric password every 30 seconds. If a thief happens to capture the password, they cannot use it outside of that 30-second timeframe. Create strong passwords. One of the simplest but most effective things you can do to protect your company’s financial information is to use strong passwords. Create passwords using at least an eight-character combination of letters, numbers and symbols. Change these passwords often and avoid using automatic login features that save usernames and passwords. Prohibit shared log-in info. If you have multiple people logging into your online banking account, ensure they all have their own username and password. If any suspicious activity occurs, this will allow you to see exactly who has done exactly what. Reconcile accounts daily. Be vigilant in reconciling your business accounts daily. Check credits and withdrawals, and notify your bank immediately if you see any unexpected activity. Automated Clearing House (ACH) transactions are usually processed the next business day. If you catch a fraudulent transaction at the end of a business day, you may be able to cancel it before any funds are transferred. Secure systems: Ensure your see GUNTHER next page

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GUNTHER from previous page

computers and servers are installed with up-to-date business-grade anti-virus software. Consumer solutions (paid or free) are not sufficient to protect sophisticated business systems. Operating systems (such as Windows XP) as well as software vendors (such as Adobe) typically have critical updates designed to fix vulnerabilities that can lead to compromised computers. Be sure to keep all business software and operating systems up to date. Have dedicated workstations. The American Bankers Association now recommends that businesses use a dedicated PC for online transactions. A workstation used for online banking should not be used for surfing the Web or social networking. In order to hijack your transactions, a criminal must first insert malicious malware onto your company’s computers, which is easier to do if that computer is regularly connected to the Internet or used for e-mail. Don’t get phished. One of the most common ways perpetrators try to obtain sensitive

Oct. 17-23, 2011

The Enterprise

Many banks offer a “Positive Pay” service that matches the account number, check number and dollar amount of each check presented for payment against a list of checks previously authorized and issued by your company. financial information is though phishing attacks, which is when fraudulent e-mails lead to fake websites where users are asked to enter sensitive information such as user names, passwords or credit card data. Oftentimes, both the e-mails and the websites appear to be legit. Don’t fall for this scam! Your bank and most other institutions will never ask for your sensitive information via e-mail. If in doubt, call the company to verify the authenticity of the e-mail. Be sure to train your employees on how to recognize and avoid getting phished.

Dale Gunther is vice chairman of the board of People’s Utah Bancorp, the holding company for Bank of American Fork, which is an Equal Housing Lender and member FDIC. At the start of his 16-year tenure as CEO at Bank of American Fork, the bank had two branches and $80 million in assets; it now has 13 offices and more than $860 million in assets. Gunther has served as chairman of the Utah Bankers Association and currently serves as an American Fork City Councilman. This article should not be considered legal or investment advice. Seek legal and investment advice from your own qualified professional.

THE CENTER OF IT ALL

INLAND WESTERN R

Retail Real Estate Trust, Inc.

Designing better hospitals I have a history of ending up in the hospital. I am a very healthy individual, yet over the years I have spent countless hours next to a bed‐ridden loved one who is suffering from one malady or another. Allow me to share what it is like being a family care partner in the hospital setting and what I have learned as both a family member and a health care designer. My son recently entered his first triathlon. Within sight of the finish line, his body buckled and he collapsed. My wife David called from the race, and I met them at the emergency room. He was unresponsive coming out of the ambulance. They placed him in Trauma Room 1. Now, I have been in the ER before, and this was no regular room. There was equipment everywhere — along all of the walls, hanging from the ceiling, alongside the stretcher. Five people rushed into the room, feverishly started IVs and began stripping him down. Holding up something that looked like it went somewhere unpleasant, they asked if we wanted to leave the room while they found a home for it. We are now in the hallway outside the room next to a very busy nurse station. We are standing, kneeling, crying, praying, and definitely in the way. I was lightheaded. After a few moments the door opens up to the room and we are invited back in. I stumble toward a seat between two carts. While ducking my head between my legs in an attempt to remain conscious, I note that my son has two IVs started, a tube appearing from under the sheets leading to a bag under the stretcher, and is connected to a monitor. I could not, at the time, remember what normal numbers are for blood pressure, but I could see his heart was racing and his temperature was very high. I looked across the cart next to me and over a laundry hamper to see the concerned look on my wife’s face. She was huddled below a container full of used needles. What drama! Have you had an experience like this? Historically, hospitals were designed to facilitate the efficiency of staff and to provide a sterile environment. Treatment was often provided behind closed doors with family members tucked neatly away in a waiting area. Today, family members are included as part of the care team. It has been recognized that care only begins at the hospital, and often, that care must be continued by family in the home. So

family is invited into the treatment space, but has the treatment space been designed to include family? As a family member invited into the care setting, I have learned to be sensitive the needs of family in the design of health care settings. Here are a few things I have observed: • When family is asked to step out of the room, direct them to a place where they are out of the way, have some privacy, yet still feel they will be retrieved as soon as the door opens back up. • Have someDaining thing to drink and some form of sugar available so the lightheaded can be restored prior to becoming a patient themselves. • Regardless of what is necessary to have in a room, carve out a seating place for at least two family members that is not next to dirty laundry and under sharp things. • Provide a phone for family use either in the room or in a private area outside of the room so that other family and friends can be informed. • Over‐communication helps. It is really hard to listen and retain when you are under great stress. If it is given in writing, it is even better — that way the information can be related accurately to other people. • If a family arrives with small children, it would be nice if someone else took care of them while the adults attend to their loved one. IKEA does this as soon as you walk in the door. What a great service! • Let the family know what they can do to help. If it is to be quiet in the corner, great. If it is to talk to or hold down or comfort a loved one, even better. Some people need to feel useful. • Provide a private place for family where they can close the door, scream from grief or joy, cry, whatever their emotions require of them. The corridor is not the place. I am happy to let you know that my son is fine. He suffered from heat stroke, woke up after three hours in the ER, and spent the next three days in the hospital being pumped full of fluids. On the second day of his stay, I rushed out of the room to meet my mom at the Heart Hospital. Dad had a heart attack — similar experience, another great outcome — another learning experience. David S. Daining, AIA, NCARB, LEED AP, is a health care designer and planner with MHTN Architects in Salt Lake City.

The Enterprise

Oct. 17-23, 2011

Executive Lifestyle Executive Lifestyle Legal Matters Airline seating Airline passengers have at least two annoying things about them, and both of these things have to do with wanting to be first. They want to be first on the aircraft and they want to be first to get off. In the boarding area they crowd around the gate, and no matter what a particular air carrier does to ease the situation, they make it almost impossible to reach the jetway if you are asked to board before them. When the plane lands, as soon as the engine starts to turn off, they leap to their feet, sometimes craning their necks in order to keep from banging their noggins into the overhead compartment, and stand in that manner for up to 10 minutes waiting for the doors to open and the line next to them to start moving. None of this does them any good, but they do it anyway. Meanwhile, the airline companies are charging fees for everything. They refer to this practice of repeatedly sticking their hands into your wallet as “a la carte service,” and they say it’s what pas-

picture of yourself and I’ll see if we can’t do a special feature on you. Here’s the latest that is going on with airline seating. Delta Air Lines, for example, reserves the first 20 rows of its planes for their Medallion customers. This means that if you haven’t flown at least 25,000 miles or 30 air segments with Delta or one of its partners this year, the closest you will be sitting to the front of the plane is row 21. United and American airlines offer more leg room in the first 10 rows. They call it “economy plus,” and you must be a very frequent flier or pay extra money to be there. Other “a la carte” seating features on the various air carriers include aisle or window seats, as well as bulkhead or exit row seats (because of the extra leg room), all of which will cost more money. What this means is that on every airline but Southwest, if you get an advance seating assignment and you aren’t either one of their really frequent fliers or

Great business books on excellence, cars and best leadership

Legal Matters Legal Matters Matters Legal Don Shafer

(Editor’s note: Each month Jack Covert, founder of 800-CEOREAD, reviews the best recently released business books. Jack is coauthor of The 100 Best Business Books of All Time, released in March of 2009. 800-CEO-READ is a leading direct supplier of bookrelated resources to corporations and organizations worldwide, and specializes in identifying trends in the changing business market.)

HarperBusiness, 320 Pages, $29.99 Hardcover Jim Collins, author of Good to Great, has written another seminal book. GTG has gone on to sell well over four million copies, and I liked it enough to pick it as one of the 100 best business books of all time. All of Collins’ books are research-based and are often quite contrarian. Collins also has a remarkable ability to create metaphors that explain very complicated concepts, metaphors that stick in your brain. Concepts like the Hedgehog Concept and the Flywheel represent important business ideas and have become part of the business lexicon. This book continues his research-driven model. Based on nine years of research, Collins looked for enterprises that excelled statistically but also excelled in a particularly turbulent environment. “From an initial list of 20,400 companies, we system-

StaffingMatters Matters Legal

sengers want. No one has made a scientific survey of passengers, but I personally have not spoken to a single one who says he or she wants it, and all of them refer to it by various names, from “gouging” on up to words that should not be printed. Usually, spin-doctors can get someone to accept what they are saying, but this spin appears to be bought by no one other than airline executives. In fact, if you happen to enjoy the fees that air carriers are adding on to the price of your ticket, please send me a

Real Estate Matters Legal Matters see SHAFER page 16

Great by Choice: Uncertainty, Chaos, and Luck — Why Some Thrive Despite Them All By Jim Collins and Morten T. Hansen

see BOOKS next pagre

HR Matters Legal Matters Empowering small business.

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Oct. 17-23, 2011

The Enterprise

BOOKS

from previous page

Leveraging Complexity Business today is global, interconnected, and highly complex. Here’s how space can help manage – even leverage – the way work gets done, and make life a bit more sane.

HOW DID BUSINESS GET TO BE SO ROUND-THE-CLOCK FRENETIC, COMPLICATED, AND WELL, JUST PLAIN CRAZY? It’s simple, really. Start with a global marketplace that creates nonstop competition and a continual need to innovate. Add an epic recession and waves of downsizing that left organizations in every industry with fewer workers who all have more to do. Top it off with the way business has become faster and more complicated in every aspect, from new technology to corporate governance. Top executives feel it. Business leaders around the world reported in a 2010 IBM study of over 1,500 CEOs worldwide that their primary challenge is complexity, and 79% say they see greater complexity ahead. More than half of CEOs doubt their ability to manage it. Managing an organization is more complex, too. Companies are more spread out and that makes it harder to maintain and build a corporate culture, no matter how many emails or videos are circulated. Talent engagement and retention gets tougher as the economy improves, yet workers feel stretched thin and economically precarious. Nearly three-quarters of Americans say their stress exceeds what they define as healthy, according to the American Psychological Association. Managing complexity is itself complex. Understanding the underlying business issues and their impact on how companies operate and how people work shows just how much the workplace needs to change. For as we’ll see, in an age where people, technology, and information are more mobile and distributed, it’s the places we work that offer key connection points for building relationships, that help people get their best work done, and provide the nurturing ground for innovation. The workplace can make a huge difference in corporate performance, wellbeing, and even individual happiness. The IBM CEOs study not only identified complexity as the biggest corporate challenge but also how some companies were able to navigate complexity superbly. These standout companies (defined as six times the revenue growth of other companies) focused their attention on creativity in leadership, reinventing customer relationships, and operating dexterity. They set the stage for innovation and made their organizations faster, more flexible, and capable of using complexity to their advantage. They recommend embracing ambiguity: proactively exchanging knowledge, eliminating communication barriers, engaging with the new generations of workers, and piloting radical innovations. Could this kind of work happen via text message or teleconference? Technology can aid communication, but no one ever built a long-term relationship by being “friended” online. Teamwork has time and time again shown its superiority over individual effort. The great “Aha!” breakthroughs happen when people put their heads and hearts together, in person. The physical environment provides a place to study, explore ideas, and create new ones. It gives us the space and tools and, most important, the people with whom we work, think, and build. It also brings people together to build organizations. Rubbing shoulders breaks down barriers and cultural differences. As work becomes busier and virtually inseparable from the rest of our lives, our offices have a greater impact on our wellbeing as individuals and as organizations. It’s difficult, if not impossible, to build genuine relationships without the personal interactions that have such a profound impact on our work and life. Leaders can’t lead via text message. Colleagues don’t bond via email. To build a business community, there’s nothing like a great space.

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atically sifted through 11 layers of cuts to identify cases that met all our tests.” Out of this research Collins found a final set of companies he called 10X because they beat their industry index by at least 10 times. I appreciate that for people who have read Good to Great this sounds familiar. The difference is the second of the basis his researchers used: “The enterprise achieved these results in a particularly turbulent environment, full of events that were uncontrollable, fast-moving, uncertain and potentially harmful.” The researchers believe that 10Xers display three core behaviors: fanatic discipline, empirical creativity and productive paranoia: “By embracing the myriad of possible dangers, they put themselves in a superior position to overcome danger. 10Xers distinguish themselves not by paranoia per se, but by how they take effective action as a result. Paranoid behavior is enormously functional if fear is channeled into extensive preparation and calm, clearheaded action, hence our term “productive paranoia.” Now what really sets Jim Collins’ books apart from other books in the business arena are the examples and stories he uses to illustrate his points. I have read many books that use Southwest Airlines as an example of a wellrun company, but Collins tells their stories in a way and illustrated concepts that I hadn’t heard before. Southwest’s success after 9-11 is a remarkable story. What makes a great business book? In my opinion, it is a book that is research-based — so you can trust it — with memorable stories — so you can remember it — and leads to thinking about your situation. And that, in turn, leads to change. Jim Collins has done all of that once again, and has given us the perfect book for our times.

Once Upon a Car: The Fall and Resurrection of America’s Big Three Auto Makers — GM, Ford and Chrysler By Bill Vlasic William Morrow & Cp., 400 Pages, $26.99, Hardcover A couple of years ago, Andrew Ross Sorkin wrote Too Big to Fail, a brilliant and unpar-

alleled “fly on the wall” narrative deep from the heart of the financial meltdown. Now, Bill Vlasic has written the equivalent about the American automotive industry meltdown from 2005 to the present. Bill Vlasic, Detroit bureau chief of The New York Times, shows us, in amazing detail, the people and the cultures responsible for “the fall and resurrection” of this mainstay of the American economy throughout the 20th century. All the characters are present and there is plenty of drama present too. When the troubled companies went to Washington with hat in hand looking for loans to survive, Ford was actually looking for a line of credit instead: “This was a juncture in history, the exact moment when the Big Three parted ways forever. For decades, these three auto companies had moved in lockstep, whether it was the cars they built or the wages they paid or the mistakes they made. They had always fought like brothers in the same house and played by their own unique, inbred set of rules. But not anymore, Ford was going in one direction, and GM and Chrysler were going in another.” After the bankruptcy of GM and Chrysler, what emerged were new versions of the companies, but they remain haunted by the past. Vlasic writes with color and criticism: “The ‘old GM’ and the ‘old Chrysler’ were junkyards laden with rusted parts and pieces of an industry fallen on very hard times. There wouldn’t be much demand for any of it. The nation was littered with shuttered auto plants …. Most were just abandoned industrial hulks sprawled over hundreds of acres, left vacant while awaiting demolition, environmental cleanups, and willing developers.” Once Upon a Car tells one of the gravest and under-told stories in American business history. Even if you find yourself less than sympathetic to this trifecta that resisted change until change was brought upon them, you’ll be riveted by their story, as Vlasic enriches his journalistic attention to detail with the drama and pacing of a summer beach read thriller. Best Practices Are Stupid: 40 Ways to Out-Innovate the Competition By Stephen M. Shapiro Portfolio, 224 pages, $22.95, Hardcover Imagine a company that has zeroed in on an opportunity to solve a problem or fulfill a need. They hire a bunch of their friends and start brainstorming on how to create something innovative that will not only serve the see BOOKS page 17

Oct. 17-23, 2011

The Enterprise

Oct. 17-23, 2011

The Enterprise

from page 7 Care and Rehab will be the operator of Oquirrh Meadows. • Darrel J. Bostwick has been appointed by the National chairman of Associated Builders and Contractors (ABC) to serve as a member of the ABC National Political Action Committee Board of Trustees. As a member of the PAC board, Bostwick will work to promote political involvement, assist in raising PAC funds, and approve all disbursements to candidates based on well-established guidelines. He will serve a three year term. Bostwick is the principal shareholder in the Salt Lake City law firm of Bostwick & Price, where his practice areas include real estate development; land use and planning; construction claims litigation; regulatory matters such as OSHA, labor and employment; contractor licensing and; general commercial litigation. He is a member of the Utah State Bar. • Sahara Inc., Bountiful, recently began construction on a new Comfort Inn & Suites in Lake Point. The three-story hotel will be 41,000 square feet with 69 rooms. Completion is scheduled for April 2012. The hotel is owned by JMP Hotels and developed by NovaSource, located in Salt Lake City. The hotel’s lobby will showcase a Porsche racecar, representing the owner’s passion for racing.

distinction in community and industry endeavors. Keven M. Rowe, president and a managing partner of Jones Waldo, has been named president of the University of Utah Alumni Association’s board of directors. Richard Peter Stevens, head of Jones Waldo’s Insurance Regulatory Law Practice Group, has been appointed to serve a four-year term on the Bail Bond Surety Board for the State of Utah Insurance Department. Rick L. Knuth, Jones Waldo shareholder and leader of the firm’s Water Law Practice Group, recently addressed REOMAC professionals on the topic, “Assuring Compliance with Federal Changes in the Proof of Claim Process.” REOMAC is a national trade association for the mortgage default industry. Manal Zakhary Hall was recently elected co-chair of the Franchise Law section of the Utah State Bar. • Miriah Elliott has joined the firm of Parr Brown Gee & Loveless. She received her law degree with highest honors and Order of the Coif from the S.J. Quinney College of Law in 2011, where she was a William H. Leary Scholar and managing editor of the Utah Law Review. Previously, Elliott worked as a law clerk for the Hon. Carolyn B. McHugh at the Utah Court of Appeals and was a summer associate at Parr Brown Gee & Loveless in 2008 and 2009.

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willing to pay extra money, you will be sitting in a middle seat. This is true even if you are traveling as a family. That’s right! If there are two or 10 of you and you want advance seat assignments, you will all be sitting apart from one another but between two people you don’t know. The only way you might get an aisle or window or bulkhead or exit row

REAL ESTATE • NAI Global Corporate

housing boom years (2006-2008) the market share of single-family homes sold compared to total sales ranged from 77.4 percent to 79.6 percent. By 2009, single-family home sales made up 80.5 percent of the total share. In 2010, the percentage increased to 82 percent. This year the trend continued with single-family homes making up 83.4 percent of total home sales, the highest market share since 2003 when single-family homes made up 84.2 percent of total home sales. Not only are single-family home sales gaining a bigger market share, but more single-family homes are selling. In the first eight months of 2011, there were 6,209 single-family homes sold in Salt Lake County, up nearly 4 percent compared to 5,995 sales in the same period in 2010 and a rise of nearly 9 percent compared to 5,719 single-family homes sold in the first eight months of 2009.

• Deer Valley Resort has been named the No. 1 ski resort in North America by the readers of SKI magazine for the fifth year in a row. No other ski resort has earned the ranking more than three times in a row in the past. In the past 11 years, Deer Valley’s rating hasn’t dipped lower than third. • Park City Mountain Resort (PCMR) has been named the “No. 1 Family Vacation” by the editors of SKI magazine. The award is part of SKI ’s “Lifestyle” winners that it added last year as part of its “Top 60 Resort Awards.” PCMR was also named the No. 6 resort in North America by readers of SKI. PCMR has focused in recent

Solutions has been chosen by Salt Lake City-based AlphaGraphcs as its national real estate partner. NAI Global Corporate Solutions will assist AlphaGraphics in selecting sites for new locations, reviewing and renewing current leases, performing market analysis and providing other strategic real estate solutions. • Thirty-five contemporary lofts at Broadway Park Lofts in downtown Salt Lake City and two luxury condos at Maple Heights in the Avenues area of Salt Lake City will be auctioned Nov. 5 by Beverly Hills-based Kennedy Wilson, an international real estate investment and services firm. Starting bids on the 35 one- and two-bedroom loft condominiums at Broadway Park Lofts range from $55,000 to $140,000 on homes previously priced from $149,900 to $349,900. The Maple Heights condos are three-bedrooms and range from from 4,086 to 4,588 square feet of living space (plus private yards and roof level terraces) which were previously priced at $2.1 million and $2.4 million. Starting bids for the classic deco modern homes are $700,000 and $750,000, respectively. The auction will begin at 1 p.m. Nov. 5 at the Cucina Nassi Banquets and Special Events Center, 2155 S. Highland Dr., Salt Lake City. For more information, visit www. SLCcondoauction.com. • Sales of previously-owned single-family homes as a percentage of total home sales in Salt Lake County is at its highest point in eight years, according to the Salt Lake Board of Realtors. In the first eight months of 2011 there were 7,446 total home sales of which 6,209 sales (83.4 percent) were for single-family homes. During the

Transportation is taking steps to make its Traffic Operations Center in Salt Lake City sustainable. UDOT and the Utah Division of Facilities and Construction Management will invest nearly $150,000 into the installation of a complete solar voltaic system on the roof of its 35,000 square foot TOC facility at 2060 S. 2760 W. At a minimum, the system will include racking, panels, inverter(s), building connection, Internet connectivity and a public display/kiosk in the building lobby. The system will be

seat is by not getting an advance assignment and then showing up at the airport for your flight with hopes that some of those choicer spots haven’t been purchased or assigned to a premier customer. In other words, if you don’t pay, it’s a roll of the dice. Even Southwest Airlines is now charging if you want to board with the “A Group.” Southwest does not make seat assignments, but on a first-come-first-served basis they put you in the A, B or C Group, one through 40 in each

group, and then allow passengers to board in that order. You can print your own boarding pass by using the Internet up to 24-hours in advance of your Southwest flight, but people who use that airline a lot tell me that even if you go for that boarding pass exactly 24 hours to the second ahead of time, the best you will do is land in the B Group. That means at least 40 people have paid to get into the A Group. Anyway, you can add another item to the list of extra fees

you pay on top of the price of your airline ticket. You already have the evil fuel surcharge, the talk-to-a-live person fee, checked baggage fee, change your ticket fee, there’s no such thing as a free lunch fee — available “a la carte” on all airlines but Southwest. Yes, add to that list the “I got a good seat fee.” So, who is more annoying, the passengers or the companies that own the airplanes carrying them? I vote for the airlines. At least

OUTDOOR PRODUCTS/ RECREATION

Everything for the Contractors

years on developing its familyrelated programs. In 2008, it launched www.snowmamas.com, an online resource for families planning winter vacations. PCMR offers maximum ski class sizes of five children per lesson. Other resort activities include the Alpine Coaster and the new Flying Eagle Zip Line.

SERVICES

• Salt Lake City-based Sorenson Communications, the leading provider of Video Relay Services (VRS) for deaf and hard-of-hearing people who use sign language to communicate, has launched the new ntouch VP videophone. Using an ntouch VP videophone, a television and a high-speed Internet connection, deaf individuals connect to a nationwide network of American Sign Language video interpreters who contact hearing individuals and then relay conversations between the two parties.

TRANSPORTATION • The Utah Department of

designed and installed to the 2008 NEC codebook, Rocky Mountain Power interconnect standards, DFCM requirements and solar PV best practices.The system will include battery backup or include details for future battery expansion, which will include, but is not limited to, inverter/charger, disconnects, fuses/breakers, battery type, battery boxes, wiring diagrams, labels, etc. based on currently available components and best practices. Construction will begin in early November, and is expected to be complete by Feb. 1, 2012. • Transportation Clearing House (TCH), an Ogdenbased transportation payments organization, plans to create a joint venture company with Atlantabased First Data Corp., an electronic commerce and payment processing firm. First Data will contribute its EFS Transportation Services business to the new venture to be merged with TCH. Both companies provide unique services that, when combined, will be a leading payment card provider to the transportation industry. TCH payment products are accepted at over 7,500 locations in the United States and Canada. Pending finalization of due diligence and customary transaction documentation, the parties anticipate completing the transaction in the middle of the fourth quarter of 2011. No transaction terms are being disclosed.

TRAVEL/TOURISM Rocky Mountain •

Connections (RMC), a privately owned destination management company based in Park City, has hired Michelle Cunningham as director of operations for its Park City/Salt Lake City division and Christopher Cunningham as director of sales for its Park City/Salt Lake /city division. Previously, Michelle served as the director of operations with Global Events Partners in its Salt Lake City office. Christopher previously served as senior sales manager for Global Events Partners destination management company in Salt Lake City and Park City. the herd crowding to get ahead of everyone doesn’t cost you anything, and they do have a certain comical quality. Don Shafer has been hosting radio travel shows in Salt Lake City for more than a dozen years, and was taught everything he knows by travel experts he has interviewed. Although some have called him “The Travel Doctor,” he holds a Ph.D. in a totally unrelated field, religion.

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The Enterprise

Oct. 17-23, 2011

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opportunity, but will set them apart from the competition in big ways. Then, slowly but surely, things go nowhere. The project isn’t a total failure, but the disappointment over what could have been is discouraging, even painful. According to Stephen Shapiro’s new book, this kind of result occurs because companies rely on following the predictable route: hire a bunch of people you like and try to get them to think outside the box, when all you have presented them with is the box. Best Practices are Stupid offers alternative practices. “Hire people you don’t like.” According to Shapiro, different perspectives fuel innovation. Right brainers need left brainers and vice versa. “Recognize people for challenging the status quo,” implying that honoring people for doing their jobs simply asks for, “more of the same, please!” And finally, “give employees a better box,” meaning, instead of asking them to think outside of the box (a clean, empty slate), leaders should provide employees interesting new boxes

GET OUT OF LINE

to work within, be inspired by, and develop into totally new ideas, products, and services. From process to strategy to measures to people to creativity, Shapiro covers the entire equation. Using great case studies and his intelligent and logical insight, this book is filled with ideas that can create a sustainable, innovative culture and personal philosophy that can be relied upon repeatedly. His previous book, Personality Poker, made clear that Shapiro understands how people work, both personally, and together. Best Practices Are Stupid now focuses on how leadership can develop teams of highly innovative people, and how employees can find ways to stand out from the herd and achieve greatness within their organization.

N ow you don’t have to wait in line for government services and information because now the government is officially online at FirstGov.gov. In an instant, you can print out tax and Social Security forms you used to wait in line for. You’ll also find passport and student aid applications and more. FirstGov.gov. Lose the wait.

FirstGov.gov

The official web portal of the Federal Government For government information by phone, call 1-800-FED-INFO (1-800-333-4636). A public service message from the U.S. General Services Administration.

Oct. 17-23, 2011

The Enterprise

November 30 - December 3 10:00 a.m. to 10:00 p.m. South Towne Expo Center 9575 South State, Sandy, UT Discount tickets available at all Zions Bank locations. www.festivaloftreesutah.org

A Gift of Love Benefitting children at Primary Childrenâ&#x20AC;&#x2122;s Medical Center

Oct. 17-23, 2011

The Enterprise

Reverse racism

Among those who have been impartial dispenser of equal justice disappointed by President Barack for all, but to be a racial partisan Obama, none is likely to end up and an organ of racial payback. so painfully disappointed as those He has been too politically savvy who saw his election as being, in to say that in so many words, but itself and in its consequences, a his actions have spoken far louder than any words. movement toward a “postThe case that first racial society.” gave the general public Like so many other a glimpse of Attorney expectations that so General Holder’s views many people projected and values was one in onto this little-known which young black thugs man who suddenly burst outside a voting site in onto the political scene, Thomas Philadelphia were telethe expectation of moveSowell vised intimidating white ment toward a post-racial voters. When this episode society had no speck of hard evidence behind it — and all was broadcast, it produced public too many ignored indications of outrage. Although the Department the very opposite, including his two decades of association with of Justice’s prosecution of these the egregious Reverend Jeremiah thugs began in the last days of the Bush administration, and the Wright. Those people of good will defendants had offered no legal who want to replace the racism of defense, the case was dropped by the past with a post-racial society the Justice Department after Eric have too often overlooked the fact Holder took over. One of the lawthat there are others who instead yers who were prosecuting that want to put racism under new case resigned in protest. That lawyer — J. Christian management, to have reverse discrimination as racial payback for Adams — has now written a book, titled Injustice: Exposing past injustices. Attorney General Eric Holder the Racial Agenda of the Obama became a key figure epitomizing Justice Department. It is a thoughtthe view that government’s role provoking book and a shocking in racial matters was not to be an book in what it reveals about the

KUED

Even in counties where the number of votes cast exceeds the number of people legally entitled to vote, Eric Holder’s Justice Department sees no evil, hears no evil and speaks no evil — if the end result is the election of black Democrats. It has become the mirror image of the old Jim Crow South. inner workings of the Department of Justice’s civil rights division. Bad as the Justice Department’s decision was to drop that particular case, which it had already won in court, this book makes painfully clear that this was just the proverbial tip of the iceberg. Despite the efforts of some in the media and in politics to depict the voter intimidation in Philadelphia as just an isolated incident involving a few thugs at one voting place, former U.S. Attorney Adams shows that these thugs were in fact part of a nationwide organization doing similar things elsewhere. Moreover, the civil rights

division of the Justice Department has turned the same blind eye to similar voter intimidation and corruption of the voting process by other people and other organizations in other cities and states — so long as those being victimized were white and the victimizers were black. This is all spelled out in detail, naming names and naming places, not only among those in the country at large, but also among those officials of the Justice Department who turned its role of protecting the civil rights of all Americans into a policy of racial partisanship and racial payback. The widespread, organized and systematic corruption of the

voting process revealed by the author of Injustice is on a scale that can swing not only local but national elections, including the 2012 elections. The Department of Justice under Attorney General Eric Holder has not only turned a blind eye to blatant evidence of voter fraud, it has actively suppressed those U.S. Attorneys in its own ranks who have tried to stop that fraud. Even in counties where the number of votes cast exceeds the number of people legally entitled to vote, Eric Holder’s Justice Department sees no evil, hears no evil and speaks no evil — if the end result is the election of black Democrats. It has become the mirror image of the old Jim Crow South. This is an enormously eyeopening book which makes painfully clear that, where racial issues are concerned, the Department of Justice has become the Department of Payback. A post-racial society is the last thing that Holder and Obama are pursuing. Thomas Sowell is a senior fellow at the Hoover Institution, Stanford University, Stanford, CA 94305. Copyright 2011 Creators.com

Focuses on

Breast Cancer Utah ranks in the bottom ﬁve states nationwide of women getting mammograms, which is one of the best methods of early detection. KUED offers two important programs in hopes of changing those statistics.

Remembering the Faces of Breast Cancer Mon. Oct. 24, at 9PM In 1994, KUED followed ﬁve women with breast cancer. Now, 17 years later, we revisit their stories.

Breast Cancer: Next Steps Mon. Oct. 24, 9:30PM A half-hour call-in program with a panel of top experts airs immediately following. Learn about advances in research and new treatment options. Find out what resources are available. Request free resource packets in English and Spanish during the broadcast. Both programs will air in Spanish on KUED V-me, Channel 7.3 (or Comcast 108) on Friday, Oct. 28 at 7PM.

For more information, kued.org/breast-cancer

kued.org

KUED The University of Utah

Your personal link to greater success. As a business owner, the bottom line is very important to you. As a new kind of broadband company, CenturyLink now offers businesses the technology and support necessary to drive your success. With our local service supported by leading technology, we are your link to whatâ&#x20AC;&#x2122;s next.

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