Greater Charlotte Biz 2010.09

legalbiz

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webbiz

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consultingbiz

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accountingbiz

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employersbiz

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bizincite

september 2010

!!! Wishart, Norris, Henninger & Pittman !!! Mountain Khakis !!! The Performance Group !!! MĂŠlange Health Solutions !!! Avantgarde Translations

R !"#$%#& Fifth Third Reaches Out from Center City

Robert E. James Jr. President and CEO Fifth Third Bank, N.A. North Carolina Affiliate

CHANGE SERVICE REQUESTED 7300 Carmel Executive Park Dr., Ste. 115, Charlotte, N.C. 28226-1310

PRSRT STD U.S. Postage PAID Permit No. 505 Charlotte, NC

FINALLY, A COMMUNICATIONS COMPANY THAT ACTUALLY COMMUNICATES. There is no lack of communications companies that can sell you bundles of off-the-shelf technology. But how many companies will truly understand your business and fit you with a solution that makes you more competitive? Call Time Warner Cable Business Class at 1.877.615.4332. And see the difference real communication makes.

1.877.615.4332 | TWCBC.COM

Internet | Phone | Cable TV | Ethernet Products and services not available in all areas. Some restrictions apply.

Time Warner Cable Business Class is a trademark of Time Warner Inc. Used under license. Š 2010 Time Warner Cable, Inc. All rights reserved.

US News & World Report has named Carolinas Medical Center one of America’s Best Hospitals in Orthopaedics.

Our patients couldn’t agree more. By bringing together world-class physicians, education, research and compassionate care, we have set the highest orthopaedic standards in our region. It’s another reason we are the region’s preferred healthcare provider. And Carolinas Medical Center is one of America’s Best Hospitals.

www.carolinasmedicalcenter.org

in this issue

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cover story

Fifth Third Bank

“We approach companies in a holistic manner,” says Bob James, the president and chief executive of Fifth Third Bank’s North Carolina affiliate, recently moved to center city.

“We ask questions to learn about the challenges our clients are facing. We work as a partner to find ways to help them grow and be successful long term. We get involved with their employees and senior executives to help them better manage their financial needs. We’re a relationship bank.”

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Mountain Khakis Centered solely on pants that are ‘Built for the Mountain Life,’ Mountain Khakis is one of America’s fastest growing private companies.

Design, durability and attention to detail mean their pants move ‘from base camp to boardroom’ with style, making the topperforming ‘bottoms’ brand the low end price point in men’s premium stores and a high end price point in specialty outdoor stores.

16 Wishart, Norris,

publisher’spost

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legalbiz

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Transforming the Business of Law to Meet the Needs of Business

webbiz

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consultingbiz

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New Media Strategies, Secrets and Solutions Managing and Delivering Change to Optimize Business Value

accountingbiz

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Henninger & Pittman

Accounting, Tax and Consulting Solutions

“Every business has a path to success…a journey of discovery, if you will,” says Robert Norris, managing partner. “We’ve traveled many roads, walking in our clients’ shoes. The true test of our merit lies in the years and decades that our clients spend with us. It is the journey we travel together—the journey that we welcome.”

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The Performance Group “We align the enterprise with the ambition of the owner,” Sam Frowine says. “We grow, adapt and develop companies. We bridge the gap between what is and what could be, and we do it very quickly, 90 days at a time.

My biggest satisfaction is to watch an owner embrace the belief that they are called to a responsibility as a leader and realizing they can break through to the next level.”

september 2010

departments

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Legislative and Regulatory Highlights for Area Employers

bizincite

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Inciting Action Through Thought

biznetwork

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on the cover: Robert E. James Jr. President and CEO Fifth Third Bank, N.A. North Carolina Affiliate

legalbiz

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webbiz

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consultingbiz

accountingbiz

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employersbiz

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bizincite

september 2010

!!! Wishart, Norris, Henninger & Pittman !!! Mountain Khakis !!! The Performance Group !!! Mélange Health Solutions

Photography by Wayne Morris

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!!! Avantgarde Translations

R !"#$%#& Fifth Third Reaches Out from Center City

Robert E. James Jr. President and CEO Fifth Third Bank, N.A. North Carolina Affiliate

!"

"#

Gardner Hawkins, managing director of Mélange Health Solutions, credits their faith and commitment for success in putting the pieces together—providing holistic, community-based, culturally competent mental and behavioral health services into solutions that fit Charlotte’s neediest populations, specifically, the young and the underserved.

Working in the world’s major languages, Memuna Williams’ firm works with all types of documents people use to transact business—a letter, legal document, brochure, financial report, product manual, food label, website material—anything people need to communicate with inside or outside constituencies. Her goal: go beyond the word…deliver the message.

Mélange Health Solutions

Avantgarde Translations

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[publisher’spost] 704-676-5850

Hit Forward or Share and Send When I was young(er), there was a product called carbon paper.

By placing a sheet of carbon paper in between two sheets of paper, and inserting all three pages into a typewriter, the impression of the keys would make a carbon copy. It was remarkable at the time and changed the way business was done [Ironically, the abbreviation cc persists on our e-mails to this day!]

John Paul Galles At a time when we didn’t even think about the typewriter becoming electric or portable, we couldn’t possibly imagine the continuing advances in business equipment—copiers, fax machines, word processors, computers, printers, cell phones or tablet computers like the iPad. All of these technological advances have hastened the speed with which we do business, allowing greater flow of goods and services. More recently, advances in social media have made it quite simple now to copy, print, forward, share and send virtually anything. We have fax, email, facebook, twitter and even share where we can post to linkedin, yahoo, dig, mixx, myspace and permalink. We can hit reply, reply all, forward or share without blinking an eye.

The pace of technological change has turned our lives upside down and there are no signs that these changes will slow or cease; in fact, quite the opposite.

Amidst technological change, we have also had to change. We can no longer expect to have one occupation necessarily for the duration of our lives. We have to re-invent ourselves and re-package our skills many times over the course of our working lives and businesses. How can we adapt? How can we keep up? What can we do? Do we have any choices?

A recent column by David Brooks in the The New York Times speaks about two ways to approach life: the “Well-Planned Life,” where you invest substantial time in finding a clear purpose, and the “Summoned Life,” where you examine your opportunities and options, and then choose from the circumstances with which you are confronted.

A “Well-Planned Life” is the result of careful calculation and long-range planning; a “Summoned Life” is determined primarily by sensitive observation and situational awareness.

We have such great respect for the entrepreneur who chooses to create a business entity, employs people, builds wealth and steers that organization through the myriad of obstacles over the life of that business. At the same time, we also appreciate the business owner who adapts to the world as it changes and morphs that business to new levels of success in the face of rapidly advancing technology.

At the end of the day, both strategies for life can be successful. What is most important is to lead a “well-considered life” that is built on a foundation of principles, values, attitudes and faith. Staying alert and knowledgeable about what is happening over time and around you will keep you on course and capable of meeting the challenges of change and innovation.

On top of our technological change, we have created global markets. We are now witnessing systemic changes in our banking system, our health care system, our housing and utility industries and our educational systems. These changes are ushering in an era of unprecedented change within our businesses and our economy.

We need to learn more. We need to learn faster. We need to stay focused, but we also need to stay balanced.

In this age of supercommunication, we need to determine relevancy and impact at lightning-fast speeds. In short, we need to think smarter and quicker…and to inspire, take part in, and share with others who think smarter and quicker.

At Greater Charlotte Biz, we champion the power of mindshare to elevate our businesses and our lives in our continual quest for relevance to changing dynamics.

We invite your input, your ideas, your thinking and your recommendations. Whether your thinking is original or you come across something from someone else, we want to learn from you. We will pass it on in our pages and online. We want to provide a portal to our regional marketplace to facilitate change that is good and healthy and more profitable. So, hit forward or share and send it to us! biz

Let me know what you think - jgalles@greatercharlottebiz.com

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September 2010 Volume 11 • Issue 09 Publisher John Paul Galles x102 jgalles@greatercharlottebiz.com

Associate Publisher/Editor Maryl A. Lane x104 mlane@greatercharlottebiz.com

Creative Director Trevor Adams x107 tadams@greatercharlottebiz.com

Advertising Sales 704-676-5850 x102 sales@greatercharlottebiz.com

partners !CC Communications, Inc. !Central Piedmont Community College !Elliott Davis, PLLC !NouvEON Technology Partners, Inc. !The Employers Association !UNC Belk College !Wishart, Norris, Henninger & Pittman, P.A.

Contributing Writers Ellison Clary Zenda Douglas Heather Head

Contributing Photographers Trevor Adams Wayne Morris Galles Communications Group, Inc. 7300 Carmel Executive Park Dr., Ste. 115 Charlotte, NC 28226-1310 704-676-5850 Phone • 704-676-5853 Fax www.greatercharlottebiz.com • Press releases and other news-related information: editor@greatercharlottebiz.com.

• Editorial: mlane@greatercharlottebiz.com.

• Advertising: jgalles@greatercharlottebiz.com.

• Subscription inquiries or change of address: subscriptions@greatercharlottebiz.com.

• Other inquiries: please call or fax at the numbers above or visit our website www.greatercharlottebiz.com. © Copyright 2010 by Galles Communications Group, Inc. All rights reserved. The information contained herein has been obtained from sources believed to be reliable. However, Galles Communications Group, Inc. makes no warranty to the accuracy or reliability of this information. Products named in these pages are trade names or trademarks of their respective companies. Views expressed herein are not necessarily those of Greater Charlotte Biz or Galles Communications Group, Inc. No part of this publication may be reproduced or transmitted in any form or by any means without written permission from the publisher. For reprints call 704-676-5850 x102.

Greater Charlotte Biz (ISSN 1554-6551) is published monthly by Galles Communications Group, Inc., 7300 Carmel Executive Park Dr., Ste. 115, Charlotte, NC 28226-1310.

Telephone: 704-676-5850. Fax: 704-676-5853. Subscription rate is $24 for one year. POSTMASTER: Send address changes to Greater Charlotte Biz, 7300 Carmel Executive Park Dr., Ste. 115, Charlotte, NC 28226-1310.

w w w. g re a t e rc h a r l o t t e b i z . c o m

Wishart Norris Henninger & Pittman

Wishart, Norris, Henninger & Pittman, P.A.

AT T O R N E Y S AT L AW

[legalbiz]

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!Foreclosure Options

Transforming the Business of Law to Meet the Needs of Business

If you have been reading about real estate loan defaults and bank foreclosures, you may have seen terms other than “foreclosure” used. You may not be aware that banks and borrowers engage in two other types of transactions other than public foreclosure sales.

In order to save the time and expense of foreclosure litigation, banks and borrowers may either engage in a “short sale” or transfer a “deed in lieu of foreclosure.” These transactions are negotiated between the bank and the borrower.

A “short sale” occurs when a third party purchases real estate for an amount less than the debt owed on the real estate. In this case, the bank has to be willing to release its interest in the property for the amount paid by the third party.

A “deed in lieu of foreclosure” or “deed in lieu” occurs when the borrower voluntarily transfers the real estate subject to the debt to the bank.A part of this transaction also involves an agreement by the bank and the borrower about the value of the property transferred to the bank.

Neither of these transactions provides an automatic forgiveness of the debt owed to the bank. To the extent the “short sale” proceeds or agreed value of the property transferred by a “deed in lieu” is less than the debt owed to the bank, the borrower still has to pay that remaining amount owed.

Many times, as part of these transactions, the borrower will negotiate with the bank with regard to how much the borrower must pay, if anything, to satisfy the debt to the bank.

If you are dealing with your own business loans being in default, keep in mind that you may have options available other than bankruptcy or having your assets foreclosed upon. Consult an experienced legal advisor about which options may be available to you. ~John H. Northey III

!!"##$%&'(&)*+,,-"./&(.0*%&1*2(34 The unemployment of many skilled and talented people has led to an increase in “freelancing” over the past few years. The type of freelancing occurring now involves individuals from all over the world providing all types of services for businesses.

You can find marketing and advertising professionals, software engineers, interior designers, graphic artists, accounting, data entry, human resources and many more professionals from around the globe relatively easily. Many Internet sites offer ways to connect small businesses with freelancers.

If you decide to hire a freelancer, keep in mind: # a freelancer is like any other independent contractor, you need to have your rights and obligations in writing;

Many employers are noticing a rise in claims under the Fair Labor Standards Act. Statistics so far show a 20 percent increase in the number of lawsuits filed under this Act this year compared to 2009. This Act addresses many areas of how employees are paid and for what services they must be paid.

For the most part, claims involve: !"Does the employee qualify for overtime? !"Does the employee have to be compensated for time spent: • commuting to work?

• “donning and doffing” uniforms?

• telecommuting?

• “after hours” e-mails (the blackberry syndrome)?

p u r s u i n g a b a l a n c e o f b u s i n e s s a n d l i fe

#"depending on the nature of the working relationship, a freelancer could be categorized as an employee of your business for tax and other purposes; #" when dealing with freelancers who live outside the United States or are not U.S. citizens, you may have tax reporting and withholding responsibilities; and #"you need to understand how to protect your business (money, reputation and confidential information) before you agree to work with any freelancer (or other independent contractor or employee for that matter). !Freelancers provide a great opportunity for businesses to afford a level of quality work they simply could not in the past. As always, the burden is on you to make certain you get what you pay for and don’t risk more than you intend.

!"Can you “round” the hours on the time clock? !"Are you paying the correct overtime rate? !"How are your bonuses paid (discretionary and nondiscretionary)? !"Can you use “flex time”?

The most important consideration under the Act is that the burden rests on the employer to document, record and prove its policies and procedures are correct. Don’t guess about whether what you do is correct. Make certain you are acting and documenting your actions correctly.

Content provided by Wishart, Norris, Henninger & Pittman, P.A., which partners with owners of closely-held businesses to provide comprehensive legal services in all areas of business, tax, estate planning, succession planning, purchases and sales of businesses, real estate, family law, and litigation. For more information, contact Robert Norris at 704-364-0010 or visit www.wnhplaw.com.

september 2010

5

1

UNIFY YOUR

No Matter Where You Are or What Device You Use, It's Just Like Being There!

COMMUNICATIONS

TO CONNECT SEAMLESSLY

Voice • Video • Data

Making IT Work!

962 5- D So u t h ern Pin e B lv d . • Cha rl ot te , NC 28 2 73 P h on e: 704. 831. 2 50 0 • To ll F r e e : 866. 70 8 .0 8 8 6

$ % & ' ( ) *+* , - ' . $ *+* / 0 ) 0 ( %

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[webbiz]

QUESTION

&

ANSWER

p u r s u i n g a b a l a n c e o f b u s i n e s s a n d l i fe

september 2010

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[consultingbiz]

NouvEON Managing and Delivering Change to Optimize Business Value

THE ROI OF CHANGE MANAGEMENT »Putting Money and Time into Helping Companies Change Smartly

D

ilbert, the uncannily accurate business cartoon, may have said it best. The scene is a meeting where a small group of employees are talking about a change in the organization. The woman notes that she feels the urge to get sick. “That’s what change management feels like!” says the leader.

Change is a part of our lives. Every day we make thousands of small changes. And every day businesses make changes: reorganizations, launching new products, changing current products, changing processes, moving to new buildings and locations.

So what’s the big deal about change? Why is it so hard and why does it affect us so much? Well, change is about people and emotions. And those are typically “unbusiness-like” areas relegated to HR. Many a CEO has mistakenly brushed change management off as warm and fuzzy HR stuff. Change Management (the planning and managing of people change within an organization) is actually the critical link to successful business changes. Because really, organizations don’t change; people change.

Protecting Business Assets Since people are one of an organization’s most expensive and most valuable assets, it’s a smart business move to protect those assets by planning and managing changes with a structured approach. For a business that means: #" Dedicating one or more experienced and trained Change Management professionals to the project; better yet, create a permanent Change Management office #" Identifying and analyzing the people and processes impacted by the change #"Creating plans and actions to drive a successful implementation of the change (communications, coaching, training, leadership development) #"Aligning the change within the organization to ensure long term sustainability The overall objective of Change Management is to reduce business risk, increase stakeholder acceptance and support successful integration of a change by all levels of stakeholders and business areas.

ROI: What’s Holding Businesses Back?

So if Change Management makes such good sense, why isn’t everyone doing it? Typically, organizations still look at Change Management as a “nice to have” extra which is funded after other critical activities. It takes time

and money to include Change Management in your project.

In reality, effective Change Management has a direct correlation to the bottom line.

Change Management programs support organizational change in one or more of the following manners: !How fast: the speed of change adoption by employees »Increases the ability for companies to achieve improved cash flow from projected cost savings and/or new revenue !How many: the number of employees adopting the changes »How many employees “opt out” of a change impacts an organization’s ability to achieve projected revenue goals !How effective: the proficiency of employees at the changes »Proficiency in a new skill set or changed process increases efficiency and has a positive increase on revenue and cost levels !How much: reducing the impact of failure »As Change Management reduces implementation timelines, organizations increase cash flow by spending less on non-compliance costs, dual system support, training and service

Kathleen Kraft, Senior Managing Consultant, Lead of the Organizational Change Management, PROSCI Certified

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For example, many utility organizations were recently required to comply with regulations limiting the work hours of their employees in critical business units, including nuclear plants.

Compliance meant educating employees, including managers and timekeepers, as well as the actual workers.

In addition, new timekeeping systems had to be deployed and many different kinds of employees had to be educated on using the system, complying with the regulations and compliance reporting. Non-compliance was a huge risk for the organization with potential fines of hundreds of thousands of dollars and the potential of shutting down operations until compliance could be achieve successfully.

Rather than just create a technology project to buy and implement a new system, this utility chose to develop a project team with Change Management resources from the beginning of the project. The team developed a comprehensive Change Management plan and engaged Change Management specialists to work with plant change leads and timekeepers to develop a training and communications program to educate the end users and timekeepers.

The results were measured in a 2010 employee survey which ranked the following as key project success factors in order of importance: 97 percent of the impacted employees understood the expectations in managing work hour compliance and 96 percent understood the consequences of non-compliance. In other words, employees clearly understood what was in it for them, why and what they needed to do.

Depending upon your business objectives, Change Management programs can be a preventative mechanism, increase projected new revenues or help an organization achieve success factors such as Key Performance Indicators (KPI.) Change does not need to feel bad; Change Management programs can enable change to improve an organization and their most valuable asset: people.

Content contributed by NouvEON, a management consulting firm. For a white paper on Change Management in regulated markets, visit www.nouveon.com/CMRegulatedMarkets.

To contact NouvEON’s Change Management expert, e-mail her at kkraft@nouveon.com.

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Elliott Davis

[accountingbiz]

Accounting, Tax and Consulting Solutions

Issues DOL New Disclosure

Rules

What do they mean for you and your 401(k) plan?

After years of debate and uncertainty, the Department of Labor (DOL) has finally issued their “interim final rules” on retirement plan disclosures which are set to go into place next year.

Two of these rules are of particular interest to plan sponsors— one relating to fees and another relating to fiduciary status.

Fee Disclosure Do you know what you are being charged in plan fees? You will next July, when the new 408(b) (2) rules take effect. At that time, all advisers and registered representatives working for the plan are required to fully disclose all fees received, as well as a list of services provided to the plan sponsor for those fees. The regulations require all service providers to disclose their fees to the plan sponsor as well.

Plan sponsors and those that advise them will tell you that these disclosure rules are long overdue. But interestingly, many in the financial services industry were reticent to support this regulation, due to potential fee compression and other concerns.

What do the new fee disclosure rules mean for you? They mean that plan sponsors will have the ammunition they need to choose the right advisor. It also means that advisors will be held accountable for what they charge plans. So if phrases like 12b-1 and Sub TA are confusing to you, there is clear direction in this bill to change that. By making fees more transparent, the aim is for plan fees to decrease while performance increases.

Fiduciary Status The 408(b)(2) rules also require parties working on and with a plan to disclose their fiduciary status. A Fiduciary is defined as “a legal or ethical relationship of confidence or trust regarding the management of money or property between two or more parties, most commonly a fiduciary and a principal.”

The disclosure of fiduciary status has been an area of tremendous debate over the past few years. With the new regulations, advisors working on plans will not be able to shift the blame for excessive fees or poor investment selection / monitoring back on the plan sponsor and committee. Instead, the advisor will be held to the same fiduciary status as the committee. !This legislation has been a work in progress for many years, clearly with the best interest of the public at heart. Charging a fee for a service is acceptable, but an unwillingness to disclose it transparently is not. ~Gary E. Shuford II, AIF, CRSP, Retirement Plan Advisor, Elliott Davis Investment Advisors

p u r s u i n g a b a l a n c e o f b u s i n e s s a n d l i fe

Traditional IRA vs. Roth IRA

!

What’s best for you?

Convert or not to convert? That is the question you should be asking yourself this year when it comes to making decisions about your traditional IRA. If you are considering a conversion to a Roth IRA, it’s important to understand what the process entails.

Advantages Roth IRAs have many advantages, including tax-free distributions in certain circumstances, no required minimum distributions for owners, and income tax-free transfers to beneficiaries. Despite their attractive features, Roth IRAs have not been as popular as traditional IRAs. One reason is the income and filing status limitations that disqualify many individuals from being eligible to contribute to or convert their traditional IRAs to Roth IRAs. Conversions Beginning in 2010, however, a change in the tax law allows you to convert your existing IRA to a Roth IRA, regardless of income level or filing status. If you convert your traditional IRA to a Roth in 2010, you will have the choice of including the entire conversion amount as income in 2010, or spreading the conversion amount between tax years 2011 and 2012.

Clearly, there is a Roth IRA conversion trade-off—if you convert to a Roth IRA, you will accelerate taxable income into an earlier year. On the other hand, a Roth IRA, unlike a traditional IRA, would enable both tax-free withdrawals and the avoidance of required minimum distributions—allowing the account to grow tax-free for a longer period of time.

Considerations There are a few items to consider in the decision of whether or not to convert to a Roth IRA: #"What are your current marginal tax rates and anticipated future marginal tax rates (for the next few years as well as in retirement)? #" Will the tax on the conversion be paid out of IRA assets or other assets? Do you have prior year tax carryforwards, such as net operating losses, that can offset the income from the conversion? #"What is your current age and expected retirement age? #"When will you need to take distributions from your IRA? Grace period If you do convert to a Roth IRA and find that the account (or accounts) has not performed as expected—or your circumstances have changed—you can change your mind after the fact. Believe it or not, you have until October 15th of the year following the conversion year to re-characterize the account back to a traditional IRA and possibly try the conversion again the following year. !The Roth IRA is a powerful retirement and estate planning tool that has not been available to many people until now.

Conversion to a Roth IRA is certainly something to analyze and discuss with your tax, legal, and/or investment advisor. ~Marguerite Hardy, CPA, Senior Tax Manager Content contributed by the Charlotte office of Elliott Davis, PLLC, an accounting, tax and consulting ser vices firm providing clients the solutions needed to achieve their objectives in 10 offices throughout the Southeast. For more information, contact Dan Warren at 704-808-5210 or visit www.elliottdavis.com.

september 2010

9

You help your clients.

Who helps you?

YOU ARE NOT ALONE. Your Trusted Advisors at Knauff are here to help you.

WORKERS’ COMPENSATION | PROPERTY - LIABILITY | SURETY BONDS | EMPLOYEE BENEFITS | SAFETY | 401-K | HOMEOWNERS - AUTO

1001 Morehead Square Drive, Suite 400 Charlotte, NC 28203-0013 800.849.8008 | knauffins.com

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THE EMPLOYERS ASSOCIATION Trusted HR Advice, Tools & Training

Legislative and Regulatory Highlights for Area Employers

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online

[employersbiz]

Health Care Reform

%&'()*&

There is so much overwhelming information being published about the new health care reform law. Is there a centralized place on the Internet where employers can stay informed on compliance issues?

!"

The Department of Labor (DOL) has created a new website explaining how the newly enacted health care reform law affects employers. It was created by the Labor Departmentâ&#x20AC;&#x2122;s Employee Benefits Security Administration. Links to federal and congressional websites are included, along with a summary of the law, implementation periods and details about how small and large employers are affected. Check the DOL website at: http://www. dol.gov/ebsa/healthreform/.

#"$

###

Nondiscrimination Law Advisor

The online Disability Nondiscrimination Law Advisor, available at www.dol.gov/ elaws/odep.htm, helps employers determine which federal disability nondiscrimination laws apply to their business or organization and their responsibilities under those laws.

It asks users questions in order to take into account relevant variables, such as nature of the organization, size of the staff, and whether the business or organization receives federal financial assistance. Based on the responses provided, the advisor then generates a customized list of federal disability nondiscrimination laws that likely apply along with information about employersâ&#x20AC;&#x2122; responsibilities under them.

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p u r s u i n g a b a l a n c e o f b u s i n e s s a n d l i fe

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ontent contributed by The Employers Association, providing comprehensive human resources and training services to a membership of over 865 companies in the greater Charlotte region. For more information, contact Laura Hampton at 704-522-8011 or visit www.employersassoc.com.

september 2010

11

[bizprofile]

by heather head

from

Base Camp to Boardroom Mountain Khakis Has Your Bottoms Covered What do Jackson Hole, Wyoming, Grand

Successful Brand Hunting The brand was envisioned in 2001 by Jason Perry, an entrepreneur from Little Rock, Ark., who Charlotte, North Carolina, had retired to Jackson Hole. He noticed that many have in common? Each wealthy individuals there were wearing inexpensive plays a key role in the blue jeans with top-brand shirts. He saw that they were trying to connect with the rugged spirit of the success of America’s mountains in their choice of pant, but that their best-selling men’s pant: casual options were limited to mid-quality brands.

He predicted that consumers willing to pay a preMountain Khakis. Born mium for high quality tops would be willing to pay out of Jackson Hole, and a premium for high quality bottoms, if the garment with an office in Grand spoke to the image they wanted to convey.

With that in mind, he created a business plan for Junction, the brand a garment that would be designed and developed in conducts its operations the heart of mountain country for connoisseurs of mountain style, but also for successful bankers and right here in Charlotte. business people looking for a pant that speaks to their longing for an outdoor life.

Although others in Jackson Hole loved the idea, it was two years before Perry found the support that would allow the business to move forward.

On a routine visit to Charlotte in 2003, he met with an old friend from Arkansas, successful local entrepreneur Terry Greenwood, to discuss his business plan. Not long after that, Greenwood met with two other successful Charlotte entrepreneurs, Mac Lackey and Ross Saldarini, and asked them what they thought of the idea. Says Saldarini simply matter-of-factly, “We all thought it was a good idea and a few months later we launched the business.”

Saldarini says he immediately saw a market for the product right here in Charlotte. He knew that the same people who purchase their weekday wear from Paul Simon and other high-end men’s retailers often like to spend their weekends fly fishing, hunting, golfing, biking, and boating. And while most outdoors garment makers were focusing on more technical gear and making pants as an afterthought to more profitable top garments, no one was producing a high quality, attractive pant that could be worn $ on a casual Friday or on the shores of Lake Norman on Saturday.

Junction, Colorado, and

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w w w. g re a t e rc h a r l o t t e b i z . c o m

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Saldarini predicted an overwhelming demand for a pant that could go, as their tagline claims, “From base camp to boardroom.”

Lackey and Greenwood were likewise impressed.

The four set to work on raising capital, sourcing materials and manufacturers, fine-tuning design, and building a staff. They decided that Jackson Hole was the perfect location for their product design and development ~Ross Saldarini team to imbibe the mountain Co-founder and President spirit, while Charlotte was the perfect location for sales, marketing, fulfillment, and business functions.

Cook’s, and the U.S. They also established a PR department in Grand National Whitewater Junction.

Center. The Original Initially, the four entrepreneurs wanted Mountain Pant has to source their materials and manufacturing become the nation’s inside the U.S. However, they quickly discovtop selling pant, and ered that it would be impossible to achieve the the company has been level of quality they wanted at the price point recognized as one of they were seeking ($75-$85 per garment) the country’s fastest without outsourcing. They collected recomgrowing privately held companies. mendations and researched overseas suppliers, Saldarini says that the product’s success as and settled on plants in China and Cambodia the top price point among pant garments in that also manufacture garments for other high a specialty outdoor retail store such as Jesse end American brands.

Brown’s has not surprised the company’s foundIn November 2004, the Men’s Original ers. What did surprise them is that the garments Mountain Pant debuted in two specialty outdoor are sought after by high-end men’s clothing lifestyle stores: Jesse Brown’s in Charlotte and stores such as Paul Simon, in which a $125 pant Jack Dennis in Jackson Hole. Saldarini says the was formerly the entry-level price point. sales people liked the product because unlike “So we’re the low end price point in a men’s many of the industry’s high-tech garments, premium store and a high end price point in the sales process was simple: “Tell them about a specialty outdoor store,” says Saldarini. “It’s the brand, and let them try on the pant. The a trend that has developed as the business has quality, fit, and comfort speak for themselves.” grown.” He attributes the development in part Consumers loved the pants, and soon the prodto the downturned economy, in which even uct was moving quickly. premium stores are looking for high value at a lower price point.

Climbing Into the Market And that’s not the only way in which the

By January 2005, the company’s leaders were brand has surprised even its owners. Saldarini confident the brand would succeed. They were holds up a camera phone image of soldiers ready for the next step, a major garment makers guarding a village in Afghanistan: “They’re wearand retailers trade show in Salt Lake City. ing Mountain Khakis,” he points out with a wry The trade show was a resounding success. As smile. “That’s not who we had in mind when we a result of their efforts there, Mountain Khakis were building this business. But it’s great to see were picked up by 75 new retailers, including the brand take on more personality than we were some major chains such as REI, Cabella’s, and intentionally giving it.” He mentions also that the Eastern Mountain Sports.

FBI’s hostage rescue team wears the brand.

Over the next five years, the brand added hundreds of new retailers and has spread to From the Bottom Up all 50 states. It is carried by most well-known As might be expected, the company’s growth outdoor stores including the Great Outdoor has not followed the path of most garment manProvision Company, Mast General Stores, ufacturers. Instead of launching massive national

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ad campaigns and purchasing space in major outdoor magazines, Mountain Khakis from the very beginning focused on what Saldarini terms “grass roots, guerrilla, hand-tohand marketing.”

The company partners with “Am-badassadors,” rugged outdoorsmen and women who love the Mountain Khakis brand and whose involvement in their communities and outdoor activities places them well to communicate the brand to a wider audience. These individuals share their outdoor stories and experiences through blogs and community events, looking good in their Mountain Khakis all the while.

In 2006, the company executed a “Built for the Mountain Life” tour. They sent two interns around the country in a tricked-out Land Rover

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LR3. The tour visited roughly 300 dealers and 1,500 events around the country where they conducted in-store contests, educated employees, handed out discount cards, and personally introduced a wide audience to the Mountain Khakis brand.

“We let the major brands drive traffic to our dealers,” explains Saldarini. “Then we approach our customers from the ‘bottom up’—on the store floor with great looking displays.”

Of course, an effective guerrilla marketing campaign won’t go far if the product doesn’t deliver on the promise. And Mountain Khakis delivers.

The signature L-shaped front pocket, embroidered MK logo, and unique reinforced heel guard make the garment brand clear even from a distance. Saldarini points out that it is a difficult but important achievement to accomplish that while maintaining a rugged, classic look.

But the brand’s distinctions go beyond the cosmetic features that set it apart. For instance, the heavy-duty Men’s Alpine Utility pant is crafted from tough, stain- and water-resistant cotton canvas that is nevertheless soft and flexible to the touch. Seams are triple-stitched, high-wear areas of heel, knee, and bottom are reinforced with a double layer of fabric, and the crotch is gusseted for maximum comfort. The waistband is lined with grosgrain, zippers are YKK, and pockets are deep. They are designed and built to last through three years or more of heavy use.

True to their mission to look as good in an uptown corner office as they do on the river, Mountain Khakis also offers classic twill options with a more formal buttoned back pocket, suitable for executive wear on a casual Friday. For summer, there’s the Granite Creek Nylon collection, featuring lightweight, quick-dry, wicking nylon with sunscreen protection, or the lightweight stretch twill, the Lake Lodge collection, made from cotton and Lycra.

Firmly Seated Although the brand’s identity centers on Jackson Hole, Charlotte has played a key role in the company’s growth and development. Besides the jobs and revenue the company brings to the area, they give back to the community through a variety of outdoors, conservation, and community charities.

The company participates in the “1% for the Planet” initiative by contributing 1 percent of net revenues to local organizations such as the Catawba Lands Conservancy, and national organizations such as the Children and Nature Network. Recognized by the N.C. Conservation Alliance with the 2007 Industry Partner Award among others, the company has also received

;I+$6#5.#$("#$2+6$#3-$ 0.&1#$0+&3($&3$)$%#35'$ 0.#%&4%$'(+.#$)3-$)$ "&:"$#3-$0.&1#$0+&3($&3$)$ '0#1&)2(/$+4(-++.$'(+.#8< ~Ross Saldarini Co-founder and President plentiful recognition within the industry. In 2009, Inc.500 named them among the country’s fastest-growing privately held companies.

The company also supports numerous outdoor sports teams, most notably Team Mountain Khakis, winners of last year’s criterium biking national championship. When Mountain Khakis leadership decided to provide apparel and funding for the team in 2009, says Saldarini, “it was because we were friends with some of the team owners and some of our employees are bikers.

But then we found out that the biking world is a passionate audience, and it was fantastic to see the response we got from the biking community for having been a sponsor.”

Mountain Khakis has built its brand on authenticity and word-of-mouth marketing that resonates with its audience. They plan to stay in Charlotte and Jackson Hole, and to continue taking their product directly to the people through non-traditional and guerrilla channels.

But that is not the end of the story.

“Now that the company is seven years old, we will continue to market at the grass roots, but the reality is that we’ve barely begun to scratch the surface of the market,” touts Saldarini. “We are going to expand into Europe, Asia, Australia, and

p u r s u i n g a b a l a n c e o f b u s i n e s s a n d l i fe

New Zealand. And we are going to be marketing at a national level.”

In addition, the company announced in June a new partnership with one of the nation’s most highly recognized and established outdoor brands, the Remington Arms Company.

Established in 1816, the Remington brand is ranked second only to Nike for national brand recognition among sportsmen.

The partnership provides new resources and opportunities for marketing, and supports the Mountain Khakis development of new product lines for the next season. They expect to offer new pant options and to expand into top garments to complement their pants. Pattern drawings for a small selection of top quality jackets, vests, and long-sleeved tops currently adorn the walls of the Charlotte office conference room, in preparation for offering them soon in the pages of their catalogs.

Whatever directions the company goes in the next five to 10 years, Saldarini is confident that Charlotte will be a big part of it, and that it will be an exciting ride. He also knows that, whether they are worn to the boardroom or the base camp, sported at the golf course or removed by the swimming hole, Mountain Khakis will stand the test of time. biz Heather Head is a Charlotte-based freelance writer.

Photos provided by Mountain Khakis, LLC

Mountain Khakis, LLC 720-B South Summit Avenue Charlotte, N.C. 28208 Phone: 866-686-5425 Principal: Ross Saldarini, Co-founder and President Employees: 25 In Business: 7 years Locations: Jackson Hole,Wyo.; Grand Junction, Colo.; Charlotte, N.C. Distribution: Independent, specialty retailers, primarily within the Outdoor Industry; nearly 1,000 dealers throughout the U.S.; additional distribution in Canada and Japan Recognition: 2009 Inc. 500 register of America’s Fastest-Growing Private Companies, ranking 34th within the Consumer Products & Services Category Business: Premier mountain-inspired, outdoor lifestyle apparel brand “Built for the Mountain Life”; outdoor industry’s top-performing ‘bottoms’ brand; provider of high quality, rugged pants for “everyone from ranch hands to golf pros, those who travel by jet, as well as those who travel by thumb.” www.mountainkhakis.com

september 2010

15

[bizprofile]

by ellison clary

*+& !"#$%&'(!"#$ WISHART NORRIS JOURNEYS WITH CLIENTS ON THEIR PATH TO SUCCESS

!

he broken-in boots are among several different pairs of footwear featured on the newly unveiled website of Wishart Norris Henninger & Pittman, P.A. Click on one of the pairs and business partners James Potts and Randy Burris pop up.

They own Charlotte’s Overhead Door Company. Their testimonial: “A hunter is a bit like an entrepreneur. You’ve got to stay alert.”

They wanted to add value for customers, their message continues, and needed a law firm to help them grow. They chose Wishart Norris because of their extensive experience with and wealth of knowledge of the legal needs of small and medium-sized privately owned businesses and their owners, just like them.

The rebranding of the Wishart Norris identity focuses on the needs of its clients, with each pair of shoes representing a loyal client who provides specifics about the quality, responsiveness and value-added nature of the services they’ve received.

Maria Stidham, Wishart Norris client relations director, gives Charlotte’s Burke Communications kudos for helping them develop their persona on the Web. “We really feel like we walk in our client’s shoes and empathize with them during their journey from startup of their business through their business lifecycle and until their exit.” Stidham says. “That’s what we want to convey with our new Web presence.”

As is most often the case, the revamp of their message was long overdue and very labor-intensive.

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~Robert B. Norris Co-founder, Equity Member and Managing Partner

“Trust and character are key!!

I am confident that the entire Wishart Norris team put my best interest ahead of their own.”

Jason S. Heller, Mobius Search/Mobius Properties and New Bridge Children’s Academy

“Wishart Norris attorneys are extremely intelligent and dedicated to their clients in addition to possessing a tremendous measure of good old common sense.”

“With partners like Wishart Norris, we know we have the team to translate identified needs and wants into value-added products, services and brands.”

Allen Gant Glen Raven

“Wishart Norris’ emphasis has always been: “Let’s travel the road that is best for our client.”

Bill Miller Tri/Meck Mechanical

“A law partnership that works in partnership with me. What a concept!”

Jim Barnwell, Huffman Oil Company

Mary Tribble Tribble Creative Group

“There are so many issues an entrepreneur has to deal with—whether it is an acquisition opportunity, employer/employee relations, tax audits or estate planning.

“We wanted our legal counsel to guide us safely through the numerous minefields that businesses face today—now more than ever.”

Randy Burris Overhead Door Company of Charlotte

“I trust WNHP and look to them to help me across the board on every aspect of my business.”

Marc Hutto Reveal Global Intelligence

James Potts Overhead Door Company of Charlotte

“We hadn’t upgraded our website in about eight years,” explains Robert Norris, a co-founder Growth Strategy and the leader of the Charlotte office, “so it was a perfect opportunity to reconsider the message Since Norris and Bob we were sending to clients and potential clients.

Wishart started Wishart Norris “When we looked at websites for other firms we respected, we saw a common thread: they in Burlington almost 34 years were mostly about the law firm, the lawyers and their awards and accomplishments. ago, its unswerving focus has “We wanted our website to be about our clients,” Norris continues, “as well been on privately owned and family as the times when they have needed our assistance to get to the next level of businesses and their owners. From its their journey.”

Burlington and Charlotte offices, it serves To Burris of Overhead Door, that theme rings true. “They’re very primarily emerging/growth companies in personable, and they’re a strategic partner,” he says of Wishart Norris. the Carolinas and the Southeast.

“The firm provides all the services a small business needs. Whatever it is, Areas of expertise are business law, mergRobert and his team are prepared to offer straight advice.” ers and acquisitions, business litigation, tax Burris remembers his company’s Internal planning, tax controversy, estate planning Revenue Service audit. Steve Horowitz, a tax and administration, succession planning, exit controversy partner with Wishart Norris, planning for business owners, employment law, smoothly guided Overhead through what commercial and residential real estate and family law. They could have been a crisis. recently added corporate counsel services as well.

“Once the audit was closed, the IRS left Summing up, Norris says, “We have focused our practice on and they were happy. Overhead Door didn’t owe a the areas of law that are critical to our clients, who are owners penny,” Burris beams. of privately owned and family businesses. They want to $

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maximize the value of their business and preserve that value in order to reach their business and personal objectives. Many of the solutions to their problems tend to be a bit more complicated than clients who are not business owners.”

“We’re business owners just like they are,” Wishart says. “We’ve gone through the same business cycles they have. We have empathy for the issues they face. And, yes, we have a passion for helping them.”

Wishart Norris counts 21 attorneys in its SouthPark office and 13 more in Burlington, with 75 total employees.

Their newest practice area, corporate counsel services for businesses which have inhouse counsel, is led by Daryl Hollnagel, who for two decades was chief in-house counsel for Continental Tire. Wishart Norris is a law firm sponsor of the Charlotte chapter of the Association of Corporate Counsel.

“We have a solid reason for starting the corporate counsel effort,” Norris explains.

“In the in-house counsel world,” he says, “they currently are not able to hire as many in-house lawyers. They’re looking to get things done efficiently and reasonably by outside firms.

We have a number of clients where, really, our client is the in-house counsel. We offer a value proposition for in-house counsel who are responsible for the legal budget of a large company and are looking for an outside law firm to do quality work at a reasonable cost.”

the economy,” he points out.

“These changes should maximize the firm’s ability to grow when better times arrive.”

Business plans don’t last nearly as long as they once did, he adds, and prudent businesses start planning anew soon after they finish their current plan. ~Robert B. Norris Norris relates one example Co-founder, Equity Member and Managing Partner of why planning is so important. In January 2008, The We’ll quote a fixed price for a project rather than Wall Street Journal published a story that said 7 an hourly rate. More and more, we’re trying to of 10 privately owned businesses would change align our interests with those of our clients.” ownership by 2018 as baby boomers retire. It Further, Wishart Norris makes every effort also said that 90 percent of those companies are to assign hourly work to attorneys and staff in “ill-prepared” to maximize value upon sale. a manner that is most economical to the client.

“Our focus recently has been to facilitate the Through the tough economy of the last two strategic planning, exit planning, and succession years, Wishart Norris has seen more than a few planning processes necessary to help our clients clients run into financial trouble. prepare to maximize value upon sale of the com“We’ve been as proactive as we can be,” Norris pany so they are not one of the ‘90 percent’,” says. “We’re helping them get to the right people Norris says. who can help them: the right financial institutions and the right turnaround professionals.”

Civic-minded That emphasis on connecting clients with the To spread the word about the needs of “right” professionals is something clients value, emerging/growth companies, Norris and his Norris says. teammates are getting involved like never before

||||||||||||||||||||||||||

Staying Nimble It’s an example of Wishart Norris remaining nimble.

“We’re not bureaucratic and we’re small enough that we can change on a dime,” Norris smiles. “We can give clients what they want and need. Things like alternative fee arrangements.

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september 2010

;U+4$1)35($X4'($7#$.#)1(&,#$)3-$)26)/'$-+$#@)1(2/$6")($("#$12&#3($6)3('$ /+4$(+$-+8$U+45,#$:+($(+$)'*$A4#'(&+3'>$%)*#$'4.#$/+4$43-#.'()3-$("#&.$ +7X#1(&,#'$)3-$("#3$.#1+%%#3-$)3$`+0(&%4%5$'+24(&+38<

~Robert B. Norris Co-founder, Equity Member and Managing Partner

Wishart Norris Henninger & Pittman

Taking AT T O R N Einitiative Y S AT L AWis paramount for privately owned businesses, he says. “One of the things in this economic crisis that we have really encouraged clients to do is be proactive with their banks,” he admonishes. “Go ahead and show the banker a plan that can work so he’s okay with it.”

Another recommendation for firm clients is to take advantage of down time to reexamine their strategic plan, as Wishart Norris has done in the retooling of its website and message.

“With less going on externally, this is a good time to examine the internal organization and the company’s long-term strategies to make the necessary changes in order to adjust to

as partners in civic opportunities.

As a member of the Charlotte Chamber Advisory Board, Norris is helping that body be a champion for growing privately owned businesses. He has organized an all-day executive roundtable for business owners.

“Robert and his team understand how the small-to-mid-sized company works and what it takes to help that company be successful,” says Keva Walton, the Chamber’s senior vice president of member engagement.

“I think it’s about job growth and job creation,” Walton adds. “Certainly it’s good for the company, but it’s $

w w w. g re a t e rc h a r l o t t e b i z . c o m

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september 2010

19

also good for Charlotte business and employment and economic growth.”

Wishart Norris recently participated in the Access to Capital Summit sponsored by the Charlotte Chamber and the City of Charlotte.

Norris served on a panel discussion about exit planning for business owners. Nearly 300 people attended the Summit.

Wishart Norris has also become the law firm sponsor of the Wake Forest University Family Business Center, Charlotte Metro Region. “What they do for owners of family businesses is right down our alley,” Norris says.

Meanwhile, at the Love School of Business at Elon University, Wishart Norris is putting on

Charlotte and the family law team in Burlington were honored among a national listing of Best Lawyers “Best Law Firms” Metropolitan FirstTier ranking in U.S. News.

Also, two attorneys, Joseph Henninger Jr. and Pamela Duffy, were recently selected by their peers for inclusion in The Best Lawyers in America (2011).

Part of the firm’s success can be traced to Wishart Norris’s four core values: Forging relationships that last; encouraging a bond of open communication and easy access; offering wisdom to reveal “optimum” solutions; and transforming the business of law to meet the needs of business.

maximum benefit, and they were reluctant to activate it.

At their request, Norris and partner Gary Smith scrutinized the proposed structure for the sale of the company. Soon they devised a new plan for transferring ownership and accomplishing the parties’ objectives that saved the sellers $1.6 million in taxes over the prior plan. Also, the current owners were able to keep control of the business until they had been paid all monies due them.

For that company, the transition structure made all the difference and Norris says that’s a huge point about the way Wishart Norris operates.

“You can’t just be reactive and always do exactly what the client wants you to do,” he says. “You’ve got to ask questions, make sure you understand their objectives and then recommend an ‘optimum’ solution. We knew what the solution was in this case because we had done a similar transaction. That’s the benefit of having served this market for the last 34 years.

“In order for our firm to continue its success, we’ve got to be ‘different’ and ‘better’ than our competition. We’ve got to be efficient, we’ve got to add value, and this ‘value-added’ has to be absolutely clear to the business owner.” biz

||||||||||||||||||||||||||||||||||||||| ;H3$+.-#.$9+.$+4.$D.%$(+$1+3(&34#$&('$'411#''>$6#5,#$:+($(+$7#$`-&99#.#3(5$)3-$ `7#((#.5$(")3$+4.$1+%0#(&(&+38$?#5,#$:+($(+$7#$#9D1&#3(>$6#5,#$:+($(+$)--$,)24#>$ )3-$("&'$`,)24#B)--#-5$")'$(+$7#$)7'+24(#2/$12#).$(+$("#$74'&3#''$+63#.8<

~Robert B. Norris Co-founder, Equity Member and Managing Partner

a series of seminars for business owners in the Triad Region of North Carolina. Wade Harrison, manager of the Burlington office, says, “We are excited about our relationship with the Love School of Business and our contribution to their educational programs for alumni who are business owners.”

“We want our firm to show up everywhere issues regarding privately owned businesses and their owners are being addressed,” Harrison says.

“We believe that we really understand the needs of business owners and want them to know more about our firm’s different approach to their particular issues.”

Good Performance Recently, the trust and estate law team in

Norris is grateful for the continued success of the firm despite the troubled economy.

“Our client base has grown significantly since 2008,” he says, even as he acknowledges that many clients are currently trying hard to avoid spending money.

His faith in the privately owned business clients is stronger than ever, he says. “If anything is going to change this economy, it’s going to be the privately owned and family businesses,” he maintains. “They’ve always done it and I believe they’re going to do it again.”

Norris relates the story of a New York-based business that a consultant referred to the firm.

Two business partners wanted to sell their company to their hand-picked successors. They told their lawyer and their accountant what they wanted in the transfer plan, and the professionals followed their directions perfectly.

However, the plan was not structured for the sellers and employee successors to realize the Bottom row: (l-r) June K. Allison Robert B. Norris Robert J. Wishart Gary W. Smith Middle row: (l-r) John H. Northey III David C. Boggs William A. Navarro Garth K. Dunklin Back row: (l-r) Joseph B. Henninger Jr. Steve C. Horowitz S. Eric Bass Gregory L. Kunkleman

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september 2010

Ellison Clary is a Charlotte-based freelance writer.

Wishart, Norris, Henninger & Pittman, P.A. 6832 Morrison Blvd.

Wishart Norris Charlotte, N.C. 28211 Henninger & Pittman Phone: 704-364-0010 Principal: Robert B. Norris, Co-founder, Equity Member and Managing Partner Offices: Charlotte and Burlington, N.C. Established: 1976, in Burlington; current name, 1981 Business: Law firm specializing in emerging/growth companies, family businesses, and their owners, especially small and medium-sized privately owned businesses Concentration: All areas of law affecting privately owned businesses and their owners (business law, mergers and acquisitions, business litigation, tax planning, tax controversy, estate planning and administration, succession planning, exit planning for business owners, employment law, commercial and residential real estate and family law). Recent new practice area: legal services to businesses with in-house counsel. www.wnhplaw.com AT T O R N E Y S AT L AW

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These two can be used to convince make a decision, and they are both necessary in order to lead people to change. A good argument convinces us of truth. A good story shows us specifics of how the proposed change plays out in real life.

We have to be able to imagine ourselves in the story, creating a new story with ourselves acting out the suggested changes. And as well, we have to know the facts and believe in the rational argument. If you want to make changes in your company, you’ve got to tell a good story and one that rings true.

Narrative is crucial to the way we make changes. It’s as if we can’t decide until we can clearly see ourselves inside a story, living in a constructed reality of our choosing.

In 1997 Noel Tichy, Professor of Management & Organizations at the Ross School of Business at the University of Michigan, said, “Business leaders need a teachable point of view—a set of ideas about success in the marketplace and a set of values based on personal and organizational success.” The best way to communicate that point of view is through a story.

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21

;?#$)'*$A4#'(&+3'$ (+$2#).3$)7+4($ ("#$1")22#3:#'$ +4.$12&#3('$).#$ 9)1&3:8$?#$6+.*$ )'$)$0).(3#.$(+$ D3-$6)/'$(+$"#20$ ("#%$:.+6$)3-$ 7#$'411#''942$ 2+3:$(#.%8$?#$:#($ &3,+2,#-$6&("$("#&.$ #%02+/##'$)3-$ '#3&+.$#@#14(&,#'$ (+$"#20$("#%$ 7#((#.$%)3):#$ ("#&.$D3)31&)2$ 3##-'8$?#5.#$)$ .#2)(&+3'"&0$7)3*8< Robert E. James Jr. President and CEO Fifth Third Bank, N.A. North Carolina Affiliate

by ellison clary

[bizprofile]

R !"#$%#& Fifth Third Reaches Out from Center City

photo: Wayne Morris

!

he blue, green and white signage on North Tryon Street proclaims the 30-story tower as Fifth Third Center. It’s an imposing presence for the Cincinnati-based bank, right in the heart of Charlotte’s financial district.

Fifth Third took possession of floors 16, 17 and 18 in late May. Its 72,000 square feet accommodate 260 associates and the bank has options to take additional space in the building as needed.

“Being headquartered in uptown has exceeded our expectations,” says Bob James, president and chief executive of Fifth Third Bank's North Carolina affiliate. “We knew it would be exciting to be in the center of the central business district. All our teammates are energized and happy to be here.”

Speaking from a conference room with a sweeping view of Fourth Ward, James is in a sweet spot he’s long sought for a corporate headquarters location.

When he joined Fifth Third legacy institution First Charter in 1999, the community bank’s employees were split between five buildings in Concord. In 2001, First Charter consolidated those locations into a new 230,000-square-foot headquarters in University Research Park.

The multi-level building was first-class, but hidden from major thoroughfares. When James took over as chief executive in 2005, he started searching for a new location with a high-profile presence.

“The strong recommendation from Charlotte’s business leaders was, if you want to be considered a major player, you’ve got to be uptown,” James says.

Swedish appliance maker Electrolux chose the former First Charter facility for its North American headquarters in December 2009, giving Fifth Third six months to relocate. By then, First Charter had merged with Fifth Third, and the new owners also supporting a move to uptown.

Bank of America was consolidating functions, so space was available at 201 North $ Tryon Street in the tower once called IJL Financial Center.

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‘We Never Stopped Lending’ James speaks enthusiastically about lending, a topic dear to him.

“The general statement, ‘Banks aren’t lending,’ is purely not true,” James says with conviction.

“In our company, we make more money from lending than we do from fee income. Loaning money is a key to our success and the success of the communities we serve.”

Mortgage loans soared as homeowners refinanced in 2009, he says. “We’ve expanded our mortgage team in North Carolina from 22 originators to 35, and we’ll grow that even more.”

Consumers are also buying cars now and Fifth Third’s auto loan business has increased substantially in North Carolina, he says.

“The one area we’re not currently active in is residential real estate construction,” James says, calling that market saturated.

In contrast, he says, “We’re trying to make all the good small business loans we can.”

Fifth Third has hired a Small Business Administration lender in Raleigh and is seeking one for Charlotte. Late last year, an open house in Charlotte for small business banking applicants attracted 280, and Fifth Third hired two dozen.

“The slowdown has been in business owners’ reluctance to borrow,” James says. “We’ve seen them use more of their own cash. They’re not upgrading equipment, technology, things that typically lead to borrowing. Even the healthy businesses are playing wait-and-see.”

James acknowledges some loosening lately, as firms use lines of credit a bit more. And expansion plans seem to be gaining momentum.

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“It was non-negotiable that the building had to be named Fifth Third Center,” James says. He was “somewhat surprised” when landlord Bank of America told him that wasn’t an issue. He applauds leadership there for seeing his bank’s presence in uptown as good for Charlotte.

“Being located in uptown has its advantages,” James says. “You can walk to lunch and run into bank customers as well as corporate and community leaders. It definitely raises our profile in the business community.”

A long-time member of the bank’s North Carolina board is Dr. Jerry McGee, president of Wingate University. He, too, enjoys the prominent location.

“You do feel a lot of pride when you travel Tryon Street with all the great banks and you see our bank there with them,” McGee says.

McGee also praises James as a “terrific leader” who delivers strong direction in bad times as well as good.

Fifth Third Bank's Regional Footprint of Operating Locations

;a32&*#$'+%#$7)3*'>$ 6#5.#$3+($+.:)3&S#-$ )2+3:$2&3#'$+9$74'&3#''$ +0#.)(&3:$&3$'&2+'8$?#$).#$ +.:)3&S#-$:#+:.)0"&1)22/$ '+$6#$1)3$*##0$("#$ -#1&'&+3B%)*&3:$)'$12+'#$ (+$("#$%).*#($)3-$)'$ 12+'#$(+$("#$14'(+%#.$)'$ 0+''&72#8 ~Robert E. James Jr. President and CEO

A Relationship Approach His message to business people: “When the time comes to buy new equipment or expand, we would very much like to talk to you—not just about your borrowing needs but also your merchant processing, capital markets and treasury needs.

“We approach companies in a holistic manner,” James continues. “We ask questions to learn about the challenges our clients are facing.

We work as a partner to find ways to help them grow and be successful long term. We get involved with their employees and senior executives to help them better manage their financial needs. We’re a relationship bank.”

Those are ways Fifth Third distinguishes itself, says James.

“Unlike some banks, we’re not organized along lines of business operating in silos,” James explains. “We are organized geographically so we can keep the decision-making as close to the market and as close to the customer as possible.

“By having me here in Charlotte as president, along with a local management team, we can better serve the North Carolina market’s unique needs and react quickly to provide solutions for our clients. We have the freedom and the authority to make local decisions and, as a result, we provide the attentive, personal service that is usually associated with a community bank.”

At 59, James’ roots go deep in community banking. He grew up in Murfreesboro, NC, the son of a retail business owner. He always liked business, and earned a degree in business administration from the University of North Carolina at Chapel Hill in 1973.

He initially worked in Atlanta for Trust Company of Georgia, now SunTrust. The bright lights didn’t impress him and he sorely missed North Carolina’s three B’s, “basketball, beaches and barbecue.” So, after a year, he returned to the Tar Heel state to work for Planters Bank in Rocky Mount. Through a merger, that bank became Centura.

Influencing James greatly as he climbed the Centura ranks was Overton “Buck” Suiter, who ran much of the bank’s branch network. Suiter taught him about dealing with all types of customers.

“He could roll up his sleeves and go out and

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talk to a farmer,” James says, “and the next day he could drive to Raleigh and have dinner with the governor.”

Purposeful Partnering First Charter had about $2 billion in assets when James joined in 1999. James took the helm as chief executive in 2005 and in 2007 recommended to his board that the bank, which had grown to $5 billion in assets, find a larger partner to merge with.

“We were at a size where we really needed to start calling on middle market companies,” James says. “We didn’t have the technology or the products to do that. It was also important to expand our retail branch network to increase market share. Due to our size, we didn’t have the resources necessary to expand as quickly as we wanted.”

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First Charter fielded strong interest from several sources. Hugh McColl Jr., former chief executive for Bank of America, facilitated a connection between James and Fifth Third.

The Cincinnati bank won out for reasons besides the $1.1 billion price. “They were not in the North Carolina market and were attracted by the vibrant business climate and growth poten$ tial,” James explains. “As a result, Fifth Third

p u r s u i n g a b a l a n c e o f b u s i n e s s a n d l i fe

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was willing to invest in the resources necessary to grow their presence in North Carolina rather than needing to close branches and reduce expenses.”

James also liked the way Fifth Third segments its lines of business. He lists the major lines as mortgage, retail banking, business banking, middle market and private banking.

The small business segment focuses on companies with $1 million to $3 million in revenue, business banking covers companies from $3 million to $25 million and middle market banking serves larger corporations with revenue over $25 million.

Those are much smaller thresholds than used by what James refers to as “the trillionaire banks.”

“We’ve got strong, experienced bankers calling on those companies,” James says. “A trillionaire bank may have younger, less-knowledgeable people calling on them.”

James also takes pride in Fifth Third’s emphasis on community involvement and support for financial literacy. James and his team have adopted Wilson Middle School in the Charlotte-Mecklenburg Schools, regularly contributing both money and volunteer hours to help mentor students.

In addition, May 3rd of each year is designated as “Fifth Third Day.” This year, James and the team celebrated by volunteering at 40

;=4.$,&'&+3$&'$(+$7#$("#$ #''#3(&)2$V).+2&3)$7)3*8$ ?")($6#$%#)3$7/$(")($ &'$)$(.4'(#-$)-,&'+.$9+.$ +4.$12&#3('>$("#$0.#9#..#-$ #%02+/#.$)3-$)3$#''#3(&)2$ 0).($+9$("#$1+%%43&(&#'$&3$ 6"&1"$6#$+0#.)(#8< ~Robert E. James Jr. President and CEO

non-profits. With paid time off, they donated more than 1,000 volunteer hours in one week.

James’ list of civic involvements runs long.

He is on the board of The Charlotte Chamber, the Charlotte Symphony Orchestra, the North Carolina Chamber and the Harvey B. Gantt Center for African-American Arts and Culture.

He is also a trustee of the Mint Museum of Craft + Design.

Growth Looms Large Growth for Fifth Third in North Carolina

is nearly a certainty, feels Fifth Third Bancorp board member Jewell Hoover. She retired from the Office of the Comptroller of the Currency and operates a bank consulting firm called Hoover and Associates, LLC, in Charlotte.

Besides the broad array of Fifth Third products, Hoover cites James’ “deep relationships in the community and banking industry in both Charlotte and the entire state.” She also praises the “exceptional staff” he’s assembled.

James agrees that expansion in North Carolina is imminent. The Tar Heel state is tops on the bank’s growth chart. For Raleigh, James wants to expand from five offices to 25. If a purchase would help, he’d consider it.

“In Charlotte,” he says, “we’ve got a great franchise, but we need to fill in some spots. We’re planning to open 10 to 12 branches over the next three years in the Charlotte region, and most of those will be in Mecklenburg County.”

Fifth Third enjoys the fourth-largest market share in Mecklenburg, behind Wells FargoWachovia, BB&T and Bank of America. The bank aspires to top-three status in every major market, James says.

“Our vision is to be the essential Carolina bank,” James concludes. “What we mean by that is a trusted advisor for our clients, the preferred employer and an essential part of the communities in which we operate.” biz Ellison Clary is a Charlotte-based freelance writer.

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BusinessWise

Fifth Third Bank, N.A. (North Carolina Affiliate) 201 North Tryon Street Charlotte, N.C. 28202 Phone: 704-688-4300 Principal: Robert E. (Bob) James Jr., President and CEO Established: 2008 through purchase of First Charter Corporation; name derives from the union of The Fifth National Bank and The Third National Bank in 1908 Associates: 660 in N.C.; 260 in uptown Charlotte Fifth Third Center Rank: 4th in Mecklenburg market share Offices: 40 in Charlotte region; 5 in Raleigh region; 11 in western North Carolina Parent Corporation: Fifth Third Bancorp (NASDAQ: FITB), a diversified financial services company headquartered in Cincinnati, Ohio; 12 largest nationally, established in 1858; assets: $112 billion; states: 12; banking centers: 1,309; ATMs: 2,364 www.53.com

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[bizprofile]

by ellison clary

• Lifeblood: How Successful Business Owners Achieve Wealth (2006) Time and money are the lifeblood resources of every business.

Lifeblood. Sounds heavy-duty.

Exaggerated, maybe. Don’t kid yourself. Lifeblood is the difference between the mom-and-pops that never get ahead and the enterprises that have crossed the chasm and become economic machines.

Lifeblood is the business owner’s lifeline.

Lifeblood is found in the relationship between time and money: Healthy and rhythmic cash flow buys time to refine the success formula of the business. Long-term, significant success occurs through mastering the game of protecting the lifeblood of the business.

We do that by first recognizing that every decision, every choice, impacts the lifeblood of the business.

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Restoring

•

Lifeblood The Performance Group Helps Business Owners Find Their Essence

"

usiness improvement fervor that borders on religious is a hallmark of The Performance Group Ltd. The founder of the Charlotte advisory firm is Sam Frowine, whose passion for peak output engulfs his clients.

Frowine and teammates work with entrepreneurs, owners and top executives to help them reach heights of business acumen they never dreamed of.

“My deepest mission is about raising up great leaders on a platform of private enterprise to grow God’s kingdom,” says Frowine. He quickly adds a qualifier. “I practice my trade in a very secular way.”

He does feel a call, though. It’s to help leaders of underperforming enterprises believe in a mission they can rally behind to create value. Alternatively, it can be to build wealth by making a company attractive enough to sell.

“We align the enterprise with the ambition of the owner,” Frowine says. “We grow, adapt and develop companies. We bridge the gap between what is and what could be, and we do it very quickly, 90 days at a time.”

In the first 30 days, The Performance Group professionals identify capital opportunities and, when that is right, they work on nine other points that are secondary, Frowine says.

“We understand what the business owner really wants and how that person orients to the enterprise,” he says.

A believer is Bill Miller, president and chief executive of Charlotte’s Tri/ Meck Mechanical, Inc. “Actually, they helped me purchase my company,” he says.

Miller has been with the commercial HVAC and plumbing contractor for 17 years. He was a vice president when the former owner died. Subsequently, Miller acquired a majority of the firm’s stock.

“If it hadn’t been for The Performance Group, I probably wouldn’t have bought this company,” he says. “I just don’t know that everything could have gotten worked out without their expertise.”

Miller has held on to his association with The Performance Group and credits the firm’s managing partner and co-founder $ Paul Bennett with keeping him grounded.

p u r s u i n g a b a l a n c e o f b u s i n e s s a n d l i fe

Samuel E. Frowine III Founder, Owner and President The Performance Group, Ltd.

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“I’m driven by incenting people to reach the point of highest responsibility for the gifts they have. There’s nothing that grieves me more than to see an underperforming anything.”

~Sam Frowine Founder, Owner and President And though his firm’s fortunes are closely tied to the seriously suffering construction industry, Miller’s optimistic about the future. The outlook of Frowine is a major reason.

;?#$)2&:3$("#$#3(#.0.&'#$ 6&("$("#$)%7&(&+3$+9$("#$ +63#.><$E.+6&3#$')/'8$ ;?#$:.+6>$)-)0($)3-$ -#,#2+0$1+%0)3&#'8$?#$ 7.&-:#$("#$:)0$7#(6##3$ 6")($&'$)3-$6")($1+42-$7#>$ )3-$6#$-+$&($,#./$A4&1*2/>$ MT$-)/'$)($)$(&%#8< ~Sam Frowine Founder, Owner and President

“Sam has continued to coach me,” he says.

“I’m a graduate of North Carolina State with an engineering degree, so I’m a very linear thinker.

And Sam brings a different side. He’s the professor, the flowery thinker.

“He comes up with concepts maybe you and I wouldn’t have thought about,” Miller continues.

“In my reality, one plus one equals two. But in his reality, one plus one could be eleven, because you’re putting two ones next to each other. He told me that, and I think that’s perfect in how you look at our relationship.”

Making Things Happen Indeed, Frowine is a former professor. “The common thread in all my studies,” he says, “is why does man do what he does?”

Growing up in southern Ohio, he was interested in human behavior, even criminal behavior.

After earning a bachelor’s at Ohio State University, he pursued a master’s in child psychology.

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His part-time employment included time at a child care center as well as in a maximum security prison as an assistant to the warden. He mingled with prisoners and studied their files. “I was intrigued,” he says, “by the amazing intellect applied in the wrong direction.”

He moved on to the University of Cincinnati, where he taught undergraduate and graduate courses in learning theory, family systems and life-span development. He also took classes toward a doctorate in developmental psychology.

When he completed that degree in 1980, he decided he wanted to start his own company because, rather than teach and be a theoretician, he wanted to “make things happen.”

His Cincinnati firm was called Excelsior Enterprises and it delivered training programs developed by an entity in Minneapolis. These programs targeted mid-level managers.

For Frowine, it was the beginning of understanding intellectual capital. But his firm’s performance was lackluster. He decided he didn’t want to be a consultant, either.

About that time, the breakup of his first marriage resulted in the relocation of his two children over a hundred miles away. To help them connect with him between visits, Frowine gave each child a fishing tackle box filled with familiar items. The kids liked them a lot.

So, when he met his second wife, the former Velda Benfield, who worked in training and development in Morganton, N.C., he moved to that mountain town and set about recreating that tackle box theme as a new product called the Connection Kit. He sold the idea to a department store chain and found a venture capitalist who invested $250,000 for development of the kits. They didn’t take off, so after two years, Frowine mothballed the last $20,000 and

signed on with the Charlotte marketing firm that had helped him promote them.

He became a senior strategist with that company because, he says, “I wanted to understand the discipline of marketing and strategy.”

He started searching for a business with aspirations it couldn’t seem to achieve. He found the DID Corporation. Its owner was operating it as a high-end trade show display builder, but Frowine saw it differently—as a marketing company.

He worked a deal with the owner. He paid $15,000 for the option to run DID for seven months.

In five months, he’d turned a money-losing enterprise into a profitable concern.

Reaching Highest Performance “I was able to buy it out of the winnings of the business,” Frowine says. “Eight years later, I sold it for $3.5 million.”

That was in 1994. He’d acquired a few other businesses along the way, but he knew he was on a path to something different.

“We know all businesses are moving toward a crossroads,” he explains. “They’re going to simplify, grow, reengineer and succeed; or sell or liquidate.

“Most owners don’t see that crossroads in time that allows them to gain a wealth opportunity.”

Frowine wanted to help them.

He created The Performance Group, as well as two other entities under its umbrella. Bennett is president of Performance Capital Group, which concentrates on mergers and acquisitions,

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Sam the Exorcist Acknowledging the difficult times, Frowine $ says it only fuels his passion enthusiasm

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investment capital development, strategy and equity issues. There’s also The Institute for Business Owners, which specializes in intellectual capital, transforming it into books and other transferrable vehicles.

Frowine has found, he says, that entrepreneurs are like roaches. They sometimes get stomped on, but they come right back.

And unlike that ubiquitous insect, they are imminently teachable.

“I’m driven by incenting people to reach the point of highest responsibility for the gifts they have,” he says. “There’s nothing that grieves me more than to see an underperforming anything.”

He feels compelled, he says, to take on a role of responsibility and leadership. So The Performance Group works with clients from a wide range of business sectors. And though they might operate anywhere in the United States, most are based within a 100 mile radius of Charlotte.

He employs nine professionals. All are based in the firm’s University City office, although they often travel.

“They understand a core premise,” he says of his associates, “that this is a platform that has a brand. We work with business owners to make them more successful. To do that, these people have to have the autonomy to know what value they bring.”

Frowine has installed a pair of practice area leaders. One heads a team that works with businesses with $20 million or less in annual revenue, while the other handles those from $20 million to $1 billion.

All work on the 90-day turn around model.

How many clients does Frowine have?

“Oodles,” he says with a smile. Most come through referrals or they latch on because they are doing business with a client of The Performance Group and like what they see.

He doesn’t share financial details. “We’re here,” he says. “We’re financially healthy and very liquid.”

At 58, he’s had a rich tapestry of experience.

He’s written over 100 columns on business ownership for The Charlotte Business Journal, in addition to his owner coaching, business assessment, Executive Leadership Team formation, and Owner Advisory Board formation activities.

Additonally, he’s the author of three books— Lifeblood: How Successful Business Owners Achieve Wealth; Blueprint for Building Great Enterprise; and Foundations for Great Enterprise and True Wealth.

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• with an entrepreneurial mindset.” ;?#$*3+6$)22$74'&3#''#'$ ).#$%+,&3:$(+6).-$)$ 1.+''.+)-'8$!"#/5.#$ :+&3:$(+$'&%02&9/>$:.+6>$ .##3:&3##.$)3-$'411##-b$ +.$'#22$+.$2&A4&-)(#8$F+'($ +63#.'$-+35($'##$(")($ 1.+''.+)-'$&3$(&%#$(")($ )22+6'$("#%$(+$:)&3$)$ 6#)2("$+00+.(43&(/8< ~Sam Frowine Founder, Owner and President for working with business owners: “Helping them achieve their goals is what drives me.

Most of the time, that means meeting owners at a crossroad in the life of their business and helping them navigate that crossroad. In today’s economy, most of us are reshaping, re-engineering or otherwise reinventing ourselves and our companies. These times are challenging, but potentially full of opportunity for those of us

Actually, the challenging times have been beneficial for Frowine. “The economy is affording me the chance to influence leaders all over the place,” he says. “There is a humility that has come in and a seeking that is going on. It’s a time rich in malleability.”

But there is a darker side, too. “In America in the last 10 years,” he explains, “there are huge numbers of people that have pursued entrepreneurship and have made a living. But the vast majority of these enterprises, even in the premeltdown era, were poorly run as assets. They failed to allow the opportunity that could create legacy and sustaining value.

“We’re living today with a deep threat because of that,” he adds. “Many are not prepared to adaptively think and build leaders around them.”

Robert Norris can appreciate that. Norris is a founder of Wishart Norris Henninger & Pittman, and leads the Charlotte office of the law firm that specializes in serving the needs of closely held businesses.

“At times, I call Sam the exorcist,” Norris says, “because he’s the person we look to bring in when a business owner is just not seeing things as clearly as we would like and can’t see the other side of some conflict that he’s involved in. Sam is a psychologist by training, so he’s the person who

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is able to establish a relationship.”

Further, Norris adds, Frowine helped Wishart Norris Henninger & Pittman rework its strategic plan. Although that’s part of what the firm does for its clients, it was hard for the principals to step back and transform their own company.

“Sam and The Performance Group led our process,” Norris says. “They were very effective in identifying the real issues.”

It’s his biggest satisfaction, Frowine says, “to watch an owner with whom we have a relationship embrace the belief that they are called to a responsibility as a leader and that they are realizing they can break through to the next level.”

These days, the Frowines live in Davidson.

They have a 19-year-old daughter attending Elon University and a 17-year-old son who’s a high school senior with potential to play collegiate level basketball.

Frowine sometimes speaks in the complicated cadences of an academic, but he seems completely comfortable in his role and with his company.

“We’re in the business of transitioning assets to the next life stage,” he says. “One of the greatest wealth opportunities in America always has been when you can sell an asset at a point when someone will give you liquidity.”

He professes passion for what he does, then describes it: “I love working with intentional, serious business owner-leaders. I appreciate when my owners prosper. What I love is when someone defines more for themselves than they did before.” biz Ellison Clary is a Charlotte-based freelance writer.

The Performance Group, Ltd. 9115 Harris Corners Pkwy., Ste. 330 Charlotte, N.C. 28269 Phone: 704-597-5156 Principals: Sam Frowine, Founder, Owner and President; Paul Bennett, Chris Bennett, Dean Burrow, Ric Stolzenberg, Frank Piet, Peg Robarchek, Doug Smith, Melinda Stanley, Team Members Established: 1994 Employees: 9 Related Companies: Performance Capital Group, The Institute for Business Owners Business: Business consulting; aligns enterprises with the ambition of owners; grows, adapts and develops companies 90 days at a time. www.theperformancegroupusa.com

301 S. McDowell St., Ste. 502, Charlotte, NC 28204 704.371.5000 • www.danielratliff.com 32

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#

by heather head

élange Health Solutions provides holistic, community-based, culturally competent mental and behavioral health services that fit Charlotte’s neediest populations, specifically, the young and the underserved. To help a child, they believe in working with the family, the teachers and any others who impact his or her daily life.

It all began about 10 years ago when Gardner Hawkins left his high-stakes New York financial services position and headed to Charlotte for a job paying $7 an hour.

Everyone thought he was crazy, including his wife (who supported him anyway).

“I was at a crossroads in my life,” Hawkins explains, “asking the question ‘Why am I here—is it just to pay bills?’”

Hawkins had grown up in a public housing development with his single mother and no contact with his father. His upbringing, business experience and strong Christian faith combined to draw him into the mental health care field, where he could help young people in situations like the one he grew up in.

He earned a master’s degree in special education with a concentration in emotional-behavioral disabilities from UNC Charlotte and began working for the State of North Carolina’s Vocational Rehabilitation Services, but he yearned to do more.

He talked to his grandfather, Albert Hawkins Sr., who had inspired him to seek higher education as a child. His grandfather, having owned several small businesses, encouraged his grandson to pursue his entrepreneurial passion.

“So, I went through the SBA and their loan program, drafted business plans, and did everything in a very conventional way. I began to hear a lot of ‘Nos’, and had to get creative,” Hawkins says.

He converted a laundry room into an office, and garnered a contract from Mecklenburg Area Mental Health Services. In August of 2000, he obtained his first client.

“I gave that one client all I possibly could,” he remembers. “And then built that to six, then seven clients and added a part-time employee.”

At that time the company was called Guiding Shepherd.

Between 2005 and 2006, the number of clients exploded.

Hawkins brought Thomas Thaggard into the business as a partner and began to build new business strategies, including a name change to Mélange Health Solutions.

“The word ‘mélange’ means a group of different elements,” explains Hawkins. “It reflects the fact that we approach every case from a holistic point of view, addressing mind, body and $ spirit with a variety of services and support.”

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(l to r) Gardner Hawkins Managing Director Thomas Thaggard Principal Damon Scott Chief Operating Officer Mark Brown Principal MĂŠlange Health Solutions L.L.C.

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Providing Consumer Choice About the same time that Thaggard joined the business, North Carolina changed its health care policies in favor of a consumer choice model.

Formerly, the county, as an agent for the Medicaid insurance plan, would assign each client to a mental health provider. Now, Medicaid clients would get to choose their own providers.

The change created an enormous opportunity for Mélange, so Hawkins and Thaggard invited their friend and former Bank of America co-worker, Mark Brown, to join the company.

Last year, they brought in Damon Scott as chief operating officer, and three months ago moved from a small office on South Boulevard to an 8,000-square-foot location on Scaleybark Road.

They have an additional office in Durham, and are in the process of expanding into Gaston, Union, and several other counties.

which to sleep at night. They also matched the family with community services that provided furniture for them. Training helped the child to sit for increasingly long periods of time eventually resulting in his being able to cope appropriately in a school environment without the assistance of medication.

Holistic Care To address the physical component of mental health, Mélange maintains both a physician and psychiatrist on staff and engages with social services

Community-based Care “A lot of people talk about communitybased mental health care,” says Brown, “and all they mean is that they have an office that’s

Mélange Health Solutions “Prior to consumer choice, there was a preponderance of providers in the network who were not culturally competent—not connected with the particular needs of the population they treated,” Brown explains.

He chuckles as he remembers the conversation with Hawkins: “We came together and said, ‘Let’s get this straight. We’re going to compete against a bunch of companies that are used to having business handed to them, that don’t know the communities and markets they’re serving, and have never been engaged with their clients except by getting referrals. I think we can do this.”

Brown’s prediction proved accurate. In 2005, Guiding Shepherd was serving about 50 families; in 2010, that number is closer to 400. Mélange’s revenues roughly approximate $6 million, and they employ 125.

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providers. As part of each case management plan, a doctor runs screening tests for potential physical factors. They also address diet, physical environment, and other related issues.

Hawkins recalls an instance in which a child was refusing to sit, and when he did, he was falling asleep in class. He had been diagnosed with ADHD and prescribed drugs by previous providers, but had failed to improve. The previous therapy had addressed only the child’s behavior, but Mélange’s “mind, body, spirit” approach uncovered the fact that the mother was crack-addicted and the child was waiting up, in a home with no furniture, for her to come home every night.

Having uncovered the physical contributors to the child’s behavior, Mélange was able to treat the sleep deprivation by working with the mother and providing the child a safe environment in

easily accessible. That’s not what it means for us.” For Mélange, community-based means that the counselors, case managers, and other staff become directly involved in the client’s community, seeking solutions and providing help wherever necessary to return the client to good physical, mental and emotional health.

At the beginning of each school season, Mélange’s case managers meet with each client’s family to make a plan. Then they meet with each child’s teacher and learn about classroom routines and management style. They educate the teachers on best practices for each child’s specific needs. Case managers and therapists spend time in the child’s environment, meeting with pastors, family members, and even teammates and playmates, to better understand and treat the client.

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Cultural Competence The company’s emphasis on cultural competence is almost unique among mental health care providers. “A lot of people fall back on credentials and lose the most fundamental aspect of what’s important,” says Scott. “But the research says that the client-therapist match is the most important ingredient in the success of the relationship. That match has to be there.”

And it’s not about having a black therapist for a black client, or a white therapist for a white client.

“If anything,” says Scott, “my young black client may be more resistant to me because I’m black too.

He wants to know where I’m from, my age, why I speak the way I do, where I went to school. Am I authentic. Cultural competence,” he explains, “is about finding out where the client is, who he is, and making a meaningful connection.”

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Scott cites one example where the Mélange therapist successfully treated a child with significant anger management issues by playing basketball.

The child was losing his temper and becoming violent primarily in situations with his peers, which posed a danger to his own safety and caused him to become increasingly isolated.

Other therapists had urged him to avoid certain situations, such as contact sports, since they were such a critical trigger for him. The Mélange counselor, himself a former college basketball player, saw that forbidding sports was not realistic. Instead, following some traditional therapy in the office, he took the child to the basketball court and worked with him in his natural environment.

“Anybody can act right in the office,” says Brown. “But in his social environment, somebody’s going to elbow him for no reason; in some cases he’s going to have a right to be angry. But that anger is going to increase his isolation and put him at risk. So you have a trained counselor able to navi$ gate that natural environment, go visit him at

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school during lunch, and help him navigate the very real perils in his daily life.”

Mélange has two doctors plus additional staff who speak both English and Spanish. They carefully match clients with therapists who work best with that age group, cultural and socio-economic background, and specific issues. They maintain a diverse staff well trained and comfortable in navigating multiple cultural environments.

Making It Work If the work Mélange does sounds like the realm of a non-profit, that’s because for most providers, it is. Mélange, however, generates enough revenue to fully support its own operations with a revenue stream. Its success is due, in no small part, to the business background of its principals, all of whom worked in banking and financial services.

Brown says that occasionally other private practices are lured into the business by the fast pay cycle, compared to the 30- to 90-day pay cycle in most industries. But they often fail because they don’t realize how much work goes into the bureaucracy and compliance before they can begin to collect.

For instance, Medicaid clients can lose their health care coverage very quickly due to minor changes in their lives, so care providers like Mélange

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resulted in an 8 percent across-the-board payment cut to all mental health service providers, plus additional restrictions on the types of care that are covered by Medicaid.

As a result, Mélange has had to find new efficiencies, institute pay freezes, and reduce part-time staff. It’s painful, but the principals agree that part of the reason they survive and thrive is that they are willing to swallow the pain along with their employees. “We never ask our employees to make a sacrifice we’re not willing to make ourselves as leaders of the Mélange organization,” says Brown.

Looking Forward And they are thriving. In the next five years, they expect to begin filling in the populated areas from Fayetteville to Raleigh with Mélange offices. They also expect to expand their services from primarily child and family therapy, to veterans and adults. They have also considered opening assisted living facilities to provide transitional services for adults being released from psychiatric hospitals.

In addition to their paid services, Mélange leads and participates in many community activities. Their pro bono offerings equal approximately $100,000 annually. They partner with community organizations, schools, the housing authority, and non-profits to provide services that aid families, adults, and children in becoming healthy and self-sufficient.

The principals of Mélange Health Solutions credit their faith and commitment for success in putting the pieces together—providing holistic, community-based, culturally competent mental and behavioral health services into solutions that fit Charlotte’s neediest populations. biz Heather Head is a Charlotte-based freelance writer.

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[bizincite] Cont. from page 21 !Inciting

Action Through Thought

Organizations have been slow to adopt narrative because of their strong orientation for reasoning and facts. Yet it is becoming evident that a large part of leading is done through storytelling.

Narrative intelligence is clearly a leadership quality.

Storytelling is still a mystery, because sometimes it works and sometimes it doesn’t. Some stories spark action, and cause people to change their minds and behaviors, but what is it that makes it work?

Psychologists tell us that the underlying mechanism is a mental process called transportation. When readers or listeners are engaged in a story, they are virtually transported by the storyteller into a different world. They give up their groundedness in the here-and-now in favor of a new existence elsewhere in the story.

When the story is over, we return as changed persons—changed as a result of the mental experiences we have had on our journey.

As a result of being transported by a story, you return to reality with a different attitude and so may act differently in the future.

I’m sharing these ideas with you here, from Stephen Denning’s book, The Secret Language of Leadership, because it is important to understand how stories work. It is my hope that by sharing these ideas, we will both learn to be better storytellers in leading the people we serve.

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Narrative intelligence is clearly a leadership quality.

wayne@wmphoto.biz www.wmphoto.biz

Executive Portrait Services

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It is important to understand how stories work.

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[bizprofile]

by zenda douglas

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Avantgarde Translates True Meaning

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emuna Williams hasn’t actually seen her sister for a couple of years, but it sure doesn’t feel that way, as the siblings talk and work together on a daily basis.

The two are principals of Avantgarde Translations, Inc., with an American office in Charlotte and a Canadian office in Mississauga, Ontario. “It’s a type of project management that has a lot of moving parts,” says Williams, co-owner. Her sister, Isata Jones-Stanley heads up the Canadian office. Both pair up on projects routinely.

Avantgarde Translations, Inc. is a language services company. A B2B enterprise, its mission is to enrich a company’s multilingual communications by bridging the linguistic and cultural gaps that exist between different languages. This is accomplished through translation, interpretation and cultural consulting.

The company works in the world’s major languages— defined by their use in business—including French, English, Spanish, German, Japanese, Russian, Turkish, Arabic, Chinese (Mandarin and Cantonese in spoken form; simplified and traditional in written), Portuguese, Korean, Italian, Finnish, Polish and others less widely used such as Tagalog.

“The types of documents we handle are those people use to transact business—a letter, legal document, application, brochure, financial report, product manual, food label, website material,” says Williams, “anything people need to communicate with inside or outside constituencies.”

The Business of Translation Avantgarde also does interpretation services, focusing on business conferences. Examples include a three-day strategy conference for Daimler Trucks North America in Cleveland, N.C., during which Avantgarde provided interpretations in Portuguese, Japanese and German, and a YMCA conference for participants from all over the world. All interpretation is done on-site in real time.

Avantgarde contracts with over 60 language professionals as translators or interpreters. Williams explains that translation is written while interpretation is verbal. “With interpretation, you have your headset on and microphones.

You’re listening and repeating in the language needed,” she says. Contractors tend to do one or the other. “It’s a different $ skill set,” she says, adding “interpretation is more difficult.”

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Memuna Williams President, U.S. Operations Avantgarde Translations, Inc.

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Williams says that there are a couple of contractors in Charlotte and a couple in Mississauga but the rest are scattered across the globe. The company looks at a combination of education and experience for its translators. Experience in law, business or some other area of the type of document to be translated, as well as technical expertise, is required.

Among Avantgarde’s long list of clients are lawyers, manufacturers, non-profit organizations and other language services agencies. The law firm of Moore & Van Allen is a client; so is the fine furniture source for interior designers, Baker, Knapp & Tubbs, as well as U.S. GreenFiber, Zang, Alan Gordon Immigration, Hampton Hotel Performance Support, and Helix Financial.

The Canadian office has a large contract with the government of Ontario, supporting several of their departments. “We work a lot with the Attorney General’s Office there on case material, correspondence and questions placed on their website translating French to English,” says Williams.

The Charlotte office has recently obtained its federal 8a certification to work with government as a small business. Williams plans to focus on leveraging the certificate for business development.

“You never know what will land on your desk—a business document, something from a funeral parlor or something as challenging and difficult as a child molestation case,” exclaims Williams.

The company has been approached recently for literary translation. “Although that’s not the business we’ve built thus far, we wouldn’t turn it down,” states Williams, who explains that they were academically trained by doing a lot of literary translation.

“We love that stuff! Literary translation allows you to see things from a cultural context and learn and absorb much more than if you were doing it from a business application,” she says. Under consideration now are three book projects—one for children from English to French and Spanish, one authored by a Chinese woman in English who now wants it available in Chinese, and a self-help book from English to French and Spanish.

Occasionally Williams and her sister find humor in the words and phrases people use or misuse. Says Williams, “Sometimes I’ll let

;E.+%$%/$0+&3($+9$,&#6>$ (.)3'2)(&+3$)3-$&3(#.0.#()(&+3$ &'$'(&22$)$"4%)3$#3-#),+.8$ !"#.#$&'$)$2).:#$1+3'(&(4#31/$ +4($("#.#$(")($6+42-$2&*#$ (.)3'2)(&+3$(+$7#$'+%#("&3:$ /+4$1)3$0431"$&3(+$)$ %)1"&3#$)3-$"),#$&($7#$ .#2&)72#$)3-$1+'($#99#1(&,#Y 6#5.#$3+($("#.#$/#(8<$ $~Memuna Williams President, U.S. Operations

something go by until it hits my sister’s desk just so I can hear her say, “Did you see that?”

A Natural Transition Started in 2004, the Charlotte office moved into its first corporate space on Fairview Road in the spring of 2010. Although Williams envisioned an office with staff from the start, she operated for the first six years out of her home.

“We knew we wanted to be in the South Park area; we just had to wait for the right situation.”

What the company did have from the very start was a computer server; a shared virtual workplace.

“We made that investment early on,” says Williams.

“Everything is organized.

We know where to go

to look for things, plus we have a system that eliminates opportunity for errors. Avantgarde just hired its first two employees: an administrative assistant and the first staff translator. It expects to do between one-fourth and one-half million dollars in business this year.

Williams was born in Canada. Her parents, citizens of Sierra Leone, Africa, were in Alberta while her father completed graduate work through his Ph.D. Once done, the growing family returned to Sierra Leone briefly before her father was sent off to diplomatic service, taking the family along with him.

He was first assigned to be the High Commissioner in London, then went on to become Ambassador to Germany for five years, then Ambassador to the Benelux countries for the next three. These experiences provided Williams and Jones-Stanley, who was born in Sierra Leone, and their siblings a tremendous education in culture and language. The family returned to Sierra Leone when Williams was around 12 years of age.

“I always had it in my head that I would go back to Canada one day,” says Williams “so when it was time to go to college, I did.” Williams studied translation at Concordia University and went on to earn her master’s degree in translation from the Universite de Montreal. She met her future husband while attending a conference of Sierra Leone students in Boston.

“He was a moderator and I was a frequent questioner,” she remembers cheerfully. “Turns out he was from the same neighborhood in Sierra Leone.” Williams ultimately joined him in New York where he was in banking which, in turn, brought the two of them to Charlotte in 2003.

He works with Wells Fargo. She completed her M.B.A. degree at Queens University.

Williams’ family, which includes three children now—Victor (12), Alex (9) and Arthur (5), speaks English, the official language of Sierra Leone, at home. Williams also knows a bit of Temne, one of the 13 tribal languages of Sierra Leone and the one her parents spoke, and Krio, the language that bridges the gap between the tribal languages.

“Every so often I’ll say something in Temne to my children, as my grandmother did to us, and they will say, ’What did she say?’” The two sisters first learned French during their years in Belgium and kept it up through high school and college.

Jones-Stanley studied English and French literature at the University of Sierra Leone and then moved to

Avantgarde Translations works in the world’s major languages— defined by their use in business—including French, English, Spanish, German, Japanese, Russian, Turkish, Arabic, Chinese (Mandarin and Cantonese in spoken form; simplified and traditional in written), Portuguese, Korean, Italian, Finnish, Polish and others less widely used such as Tagalog.

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Canada to complete her master’s degree in translation from the Universite de Montreal.

The sisters’ father was an inspiring figure, not only because of his sterling career interacting with heads of state from around the world, but because he did not begin his education until the age of 12.

SPECIALISTS IN VOICE NETWORKS FOR 31 YEARS.

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~Isata Jones-Stanley President, Canadian Operations “His is the story of the power of education,” says Williams. She is equally passionate.

Education is what allows people to do things with their lives, according to Williams.

While a stay-at-home mom and ambassador’s wife, their mother earned two masters degrees during the time they lived in Europe. In Sierra $ Leone, she served as a correspondent to the

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;?&("$&3(#.0.#()(&+3>$/+4$"),#$/+4.$"#)-'#($ +3$)3-$%&1.+0"+3#'8$U+45.#$2&'(#3&3:$)3-$ .#0#)(&3:$&3$("#$2)3:4):#$3##-#-8 V+3(.)1(+.'$(#3-$(+$-+$+3#$+.$("#$ +("#.8$H(5'$)$-&99#.#3($'*&22$'#(>$ &3(#.0.#()(&+3$&'$%+.#$-&9D142(8< $~Memuna Williams President, U.S. Operations

American Library of Congress. It was not typical for Temne women to be educated but Williams’ grandfather was a businessman and he wanted his daughter to be educated as well as his sons.

“I would not be here if he had not recognized the value of education for women,” claims Williams.

“When you grow up as I did, you kind of take everything for granted but now I see how powerful education is to change lives,” shares Williams. “All of our six siblings are professionals. Our children have decent lives. With a few degrees of separation—if you go back and look at our cousins—it’s not the same story. My dad didn’t know he was building quality of life for his grandchildren, but that’s the result.”

Generally Speaking, A Bright Future Of course Avantgarde Translations has competition from individual translators, other agencies, locally and nationally, but debate is underway as to whether the machine will prove to be the greatest competitor.

“From my point of view, translation and interpretation is still a human endeavor. There is a large constituency out there that would like translation to be something you can punch into a machine and have it be reliable and cost effective—we’re not there yet,” states Williams.

Jones-Stanley points out, “Google is working on algorithms that will greatly improve systems that are available now. But there are still issues with syntax, context, voice and homonyms.

French [language] loves the passive voice; English prefers active voice. A machine can’t make that distinction. It’s technically correct but in English we wouldn’t say it that way. Even Google does not use its program for its own translations.”

Williams also refers to cases where it is critical to be literal such as in the legal system. “Lives are in the balance,” she says. “You can’t feed all that information into a machine; you have to have a human being.”

Williams likens the status of machine translation to that of spell-check or grammar check functions. “They’re helpful, but how often are they wrong and you have to override their suggestions?” Williams admits that it is an exciting time for computer-assisted human translation.

“Productivity and fast turnaround are always a

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concern, so the extent to which human translators can use technology to help them is a good thing.”

Nevertheless, Williams recognizes that technology will inevitably promote change. “In any case, now, 15 years from now, we have to embrace the technology, find how it can help, do it better, differently or we’ll disappear,” she says. “I don’t think we’ll disappear; I think there will still be a need for translators for a long, long time.”

There is little need for Williams and JonesStanley to travel in the traditional sense in Williams’ and Jones-Stanley’s work. They do travel more than most in virtual space. “We share the work space, talk on the phone and exchange e-mails—and it works!” They meet face-to-face when they can around family gatherings; birthdays, celebrations. When they do get together, perhaps they’ll discuss a little business—in any language they choose. biz Zenda Douglas is a Charlotte-based freelance writer.

Avantgarde Translations, Inc. 5960 Fairview Rd., Ste. 400 Charlotte, N.C. 28210 Phone: 704-496-2736 Principals: Memuna Williams, Co-owner and President, U.S. Operations; Isata JonesStanley, Co-owner and President, Canadian Operations Established: 2004 Revenue: Approximately $.25 million-plus Employees: 2; 60-plus translators and interpreters Recognition: NAWBO-Charlotte Rising Star of the Year (2006), NAWBO-Charlotte Pioneer (2007), BMA Carolinas ProAd Award Corporate Identity Package (2007), Pica Award Best of Category in the category of Presentation Folders (2009) Business: Business-to-business language services company providing translation, interpretation and cultural consulting with a focus on accounting, advertising, banking, communication, immigration, law and marketing. www.avantgardetranslations.com

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