In the Firm 2021: Top Valley Attorneys by Practice Area
of It All
Business, the Law and COVID-19 Digital Innovation
Critical for Success
This Month's Guest Editor
Senator Mark Kelly
Connections Calm Is a Leadership Superpower $7.95 INBUSINESSPHX.COM
THIS ISSUE Tempe Chamber of Commerce
Return Stronger Access training programs for new career opportunities.
FIND A CAREER
E X P LO R E T R A I N I N G
FIND A JOB
Whether you’re looking to advance your career or find a new beginning, Arizona’s workforce network has come together to help you prepare for what’s next. ARIZONA@WORK is offering no-cost guidance in exploring local career pathways, accessing training programs and obtaining new certifications for your next job. No matter your background or skill level, you can connect with local experts to find the tools you need to return stronger. Arizona Commerce Authority
Arizona Department of Economic Security
Arizona Office of Economic Opportunity
azcommerce.com/ReturnStronger A proud partner of the
Supported, in part, by funds available through the U.S. Department of Labor (DOL) under Title 1B of the Workforce Innovation and Opportunity Act (WIOA).
respect the players / respect the game / respect each other
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FEBRUARY 2021 GUEST COLUMNISTS
Delta Dental: Brightening Smiles and Communities
Some businesses prospered, most struggled, as disruption was the common experience – but what is our track forward now? Attorneys focus their practice-area expertise to offer their perspective.
Rounding Up Hearts in February at Steak 44, Ocean 44 and Dominick’s Steak House Tyler Butler’s series explores the myriad ways businesses give back and the positive ways their programs impact our community.
The Power of Calm
In the final article of her series on risk as a factor of leadership, Eileen Rogers discusses calm as a leadership superpower.
How Mental Health Impacts the Workplace Discussing psychological trauma due to the pandemic, nationally renowned federal crisis negotiation specialist Doc Elliot continues his series on preventing workplace violence.
PARTNER SECTION TEMPE CHAMBER
ADVANTAGE Winter 2O21 • tempechamber.org
Tempe Chamber Announces 2021 Leadership Speaker Series: The Tempe Chamber’s Women in Business Council, in partnership with presenting sponsor BD Becton Dickinson, is pleased to announce the 2021 Speaker Series: Lessons for Life & Leadership. The four live sessions will take place weekly through an online platform starting Friday, January 22nd at 9 a.m., with the final program on February 12th. This series consists of four dynamic sessions, each led by a leader in their industry who will speak on topics that discuss leadership best practices, stories of how being unique can help your success, how to future-proof your career and much more. The speakers will address unique challenges and opportunities through storytelling while offering practical advice on how to apply what they have learned to your career path. “The 2021 Leadership Speaker Series is one of the four programs the Women in Business Council focuses on each year,” said Women in Business Council Chair Jennifer Burwell. “This year, our Presenting Sponsor BD has been very involved in helping find speakers and providing a venue for the live broadcast. We are excited about the partnership and the lineup of speakers.” For more information, speaker bios, topics and how to register, visit TempeChamber.org.
T E M P E C H A M B E R A D VA N TA G E
Te m p e C h a m b e r. o r g
Tempe Chamber of Commerce
2021 Marketing Trends Foster Meaningful Connections in a Digital World
Andrea Aker examines changes that marketing trends are fostering as well as how marketing trends are responding to changes in the ways customers consume information.
Arizona Skills Gap in Trade Industries Is Everyone’s Problem
Many trade industry jobs are classified “essential,” says David Lee, who discusses the trades’ importance to our economic health and their attractive job opportunities.
COVID-19 Accelerates the Demand for Digital Innovation
Joshua Kanter explains why business survival means harnessing the power of emerging technologies.
Senator Mark Kelly, representing Arizona in the United States Senate, introduces the “Law and Business” issue.
Patricia Pace Anderson, Essen Otu and Chrystal Richardson respond to In Business Magazine’s burning business question of the month.
Lessons for Life & Leadership
“More than a Moving Service,” “Resources,” “Local Standouts Recognized for Achievements and Philanthropy,” “Securing Your Choice of Security Firm” and “The KNOW Women Strives for Global Impact”
By the Numbers
(Where) Does Phoenix rank in equality and career opportunity for women?
“HealthyVerify: Getting America Open Again” and “My Little Mascara Club: Making Mascara the Big Event”
In the Firm 2021 Top attorneys by practice area
Making Sense of It All: Business, the Law and COVID-19
“Phoenix Ranks among Markets with Fastest Flex Expansion,” “’Stay & Play Offer to Prospective Homebuyers,” “New Build Accommodates COVID Sensibilities,” “West Valley Is High Profile for Industrial,” “Gilbert Mixed-Use Development Designed for Walkable Lifestyle” and “Development on Prime Parcel in Glendale”
From the Top
Building on a legacy, Chris Johnson leads Johnson Carlier construction company in adapting to industry changes.
“BioLab Sciences Advances Accessibility of Transformative Wound Care Technology” and “The Impact of COVID-19 on Employer Medical Plans”
“Surge in ‘Snitch Software’ Highlights Need to Keep IT Licenses Current” and “Workforce Management Helps Navigate Today’s World of Work”
Economia / Economy: “¿Serás negocio verde en 2021?“ / “Going Green in 2021”
New releases give fresh insights on business thinking.
It’s easy to blame lenders for difficulties in capital funding, but small-business owners often contribute to some of the issues.
Local attorney discusses the pros and cons of business noncompete agreements.
Valley of the Sun United Way credits corporate America for quick response and adaptation to support nonprofits in this time of crisis.
2021 Panamera GTS Turbo Plus: Cookies may be a sweet way to say, “Thank you for your business.”
Superstition Downtown: Uniquely Pairing Mead and Food
Bob Raleigh shares insights on the ways behavioral patterns impact communication.
Industries with the largest percentage of establishments that experienced a decrease in demand during the pandemic were scheduled air transportation (76%), accommodation and food services (71%), and mining, quarrying and oil and gas extraction (70%); industries with the largest percentage of establishments that experienced an increase were retail trade (27%), social assistance (23%) and wholesale trade (15%). bls.gov/brs/2020-results.htm
Doctors Plan of Arizona: Your new health plan experience In collaboration with Banner Health Network, Doctors Plan of Arizona is designed to provide a better health care experience for you and your employees. With lower out-of-pocket costs1 and an integrated approach to care designed for better outcomes, this health plan helps your employees and their families access a broad network with over 4,200 providers2 to choose from — right where they live, work and play.
Call your broker or visit uhc.com/dpaz
Savings based on lower premiums for Doctors Plan compared to standard Choice Plus plans at the same deductible and coinsurance level as of 7/1/2020. This policy has exclusions, limitations and terms under which the policy may be continued in force or discontinued. For costs and complete details of the coverage, contact your broker or UnitedHealthcare sales representative.
UnitedHealth Network Access internal analysis, June 2020.
Additional copays, deductibles or coinsurance may apply when you receive other services — such as surgery and lab work.
Insurance coverage provided by or through UnitedHealthcare Insurance Company or its affiliates. Administrative services provided by United HealthCare Services, Inc. or their affiliates. Health Plan coverage provided by UnitedHealthcare of Arizona, Inc. B2B EI20236739.1 1/21 © 2020 United HealthCare Services, Inc. All Rights Reserved. 20-189173-B
for primary care provider visits, urgent care visits, online visits and convenience care visits3
Hi Phoenix, Letâ&#x20AC;&#x2122;s spend smarter.
In Business Magazine is a collaboration of many business organizations and entities throughout the metropolitan Phoenix area and Arizona. Our mission is to inform and energize business in this community by communicating content that will build business and enrich the economic picture for all of us vested in commerce.
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SENATOR MARK KELLY, U.S. SENATE
Business in the Face of COVID
Senator Mark Kelly is a retired U.S. Navy combat pilot, engineer and NASA astronaut. He lives in Tucson with his wife, former Congresswoman Gabby Giffords. Kelly is the son of two police officers, and he attended public schools from elementary school through the U.S. Merchant Marine Academy and U.S. Naval Postgraduate School. As a naval aviator, he flew 39 combat missions in Operation Desert Storm. Kelly was selected as an astronaut in 1996 and flew four missions aboard the space shuttle before retiring from NASA in 2011. On December 2nd, Kelly was sworn into the United States Senate to represent Arizona.
The toll of the pandemic has been devastating. Hundreds of thousands of American lives lost. Millions more have lost jobs or faced economic hardship. The pandemic has also taken a toll on Arizona’s businesses, and that will be the focus of this edition of In Business Magazine. Some businesses have been able to adapt their model during the pandemic. Many businesses, however, have struggled and even closed their doors. That loss is felt by business owners who have seen their dreams and hard work disappear, by workers who have become unemployed during an economic crisis, and by communities that have lost iconic and important businesses. The economic crisis impacting Arizona businesses was spurred by a public health crisis that has been inadequately addressed both in Arizona and around the country. In order to get our economy back on track, we have to slow the spread of the virus while effectively distributing the vaccine. A national plan for vaccine distribution is a top priority, and will get us to herd immunity more quickly, but it will still take time. That is why Congress passed emergency COVID-19 relief in December to provide additional capital for businesses to continue operating and paying employees, as well as expanded unemployment benefits to keep struggling families afloat. A strong economic recovery depends on protecting jobs, and then making the investments in priorities like infrastructure and workforce development to create new jobs and get Arizonans the skills to fill them. In the months ahead, it is critical for Republicans and Democrats to work together to provide the certainty businesses need to make payroll and weather this crisis. The cover story this month recognizes the multifaceted concerns of business owners and decision makers. In this shifting landscape, attorneys bring their expertise in healthcare, employment law, intellectual property, taxes, corporate structure and more to help businesses navigate new challenges. One of the staples to successful business is communication, which has also been undergoing change. In her feature article “2021 Marketing Trends Foster Meaningful Connections in a Digital World,” veteran marketing professional Andrea Aker offers businesses a heads up on trends that gained force over this past year. And later, an exploration of humanity in the business scene as part of ongoing series from guest columnists Tyler Butler and Doc Elliot: Elliot looks at challenges in the workplace environment, while Tyler focuses on actions businesses and their employees are taking to improve their communities. In Business Magazine regularly fills its pages with varied content to support business, including healthcare, technology, real estate, communication and leadership. I’m pleased to pen the welcome note for this February edition, and hope you will find it a worthwhile read.
EN NEGOCIOS Manténgase informado sobre temas empresariales en español a través de En Negocios, artículos para los lectores de habla hispana en el área metropolitana de Phoenix. Visite inbusinessphx.com/ ennegocios para más información. Stay informed on business topics in Spanish through En Negocios, articles for Spanish-speaking readers in the Phoenix metropolitan area. Visit inbusinessphx.com/ ennegocios for more information.
Mark Kelly Senator • United States Senate
Story Ideas/PR: editor@ inbusinessphx.com
Clarity Now Last year was a devastating year for business and many of us
him to the Senate and wish him God
business owners are not clear as to what 2021 will be like. It has
speed as we get through what may be
been difficult to forecast and budget for the year. However, we at
one of Arizona’s greatest challenges to
In Business Magazine summoned some of the great legal minds
date. Politics aside, he is a man whom
to help us gain clarity on what to look out for, how we can comply
we can count on and who certainly is happy for us to hold him
and what we need to do to protect our businesses and employees
accountable to lead us through these tough times. We are seeking
through these changes.
clarity and peace of mind in business in Arizona. We are focusing
I want to thank my friend Mark Kelly for his leadership and guidance in putting together this issue. We also want to welcome
e ys by Practic
DON’T MISS OUT!
BUSINESS LAW AND
and the Law
ion Digital Innovat for Success Critical
Calm Is a Superpower COM
THIS ISSUE Commerce Tempe
the next several editions on key topics to help us get there.
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—Rick McCartney, Publisher
Valley Attorne 2021: Top In the Firm
CONNECT WITH US:
Let us know what you think of this issue of In Business Magazine. Email our publisher at firstname.lastname@example.org.
Guidelines and mandates were in flux much of last year as we all struggled to learn about the coronavirus. To protect your business, what strategy or strategies have you employed or what “temporary” changes did you put into place that you see becoming standard policy going forward?
This question generated responses also from: • Matthew Clyde, President and Founder of Ideas Collide • Brett Farmiloe, CEO and Founder of Markitors Please visit February’s Feedback entry on our website to learn these businesses’ strategies and experience.
FEEDBACK QUESTION: Let us know what you want to know from the Valley’s top business leaders. email@example.com
For all past Feedbacks go online to inbusinessphx.com and see what Valley executives think on various business topics.
CEO and Founder Rocket Media Sector: Media Consultant
Owner and World Class Entertainer Just Energy Entertainment Sector: Entertainment
Our team’s health and safety were priority number one from the start. We immediately embraced a remote-work structure, battened down the spending on all fronts and began looking to our clients to see how we could best help them. The real pivot for us was based around the idea of becoming a communication conduit for our community and customers. Through our partnerships with companies like Google, we embraced this concept during the early stages of the pandemic and will continue to support the community at large in this way going forward. Your business is only as good as the people within it; as the leader of this organization, it’s my responsibility to take great care of my team. We also embraced what we lovingly call “Rocket Love.” This is the intentional efforts we as a company put forth to ensure our team knows how important they are to our success and the future of the organization. The adjustments we made to our work greatly impact the culture, and that’s something we cherish at Rocket HQ.
We put into place these new strategies that helped protect our business last year, and we will continue these new policies. Sanitize: We work with children and we already keep things very sanitized. Last year showed us we had to step up our cleaning game. We have now invested in large industrial cleaners with a virucide cleaning solution as part of the new army of sanitizing procedures. We spray this fog disinfect on everything before and after our events for clients. We’re a kids’ entertainment company, not a cleaning company, but this new way of sanitizing has become a standard policy that is here to stay. Giving: As a business, everything froze when COVID hit. Even as a small business we knew that we had staff who were also getting hit hard. So, we started giving: time, food, gift cards and donations all during the summer. Then for the holidays, we decided to pay ENERGY bills of entertainers with great ENERGY! We wanted to do more to keep good ENERGY, and will be a new standard policy.
Rocket Media rocketmedia.com
Just Energy Entertainment is a full-service, family-friendly children’s entertainment company that specializes in both corporate and residential events. Just Energy Entertainment spotlights kids’ events and children›s parties specifically for ages 1-12, and always caters to special events that bring awareness to children’s mental health, kid’s cancer, children’s autism, movement disabilities and any other illnesses that affect children.
Ben Kalkman is the CEO of Rocket Media, an Arizona-based marketing agency serving the home services industries nationwide. Kalkman’s purpose statement is, “To lead, by living a balanced and focused life, and caring enough to make a significant difference in all that I do.”
Just Energy Entertainment LLC justenergyentertainment.com
Sign up for the monthly In Business Magazine eNewsletter at www.inbusinessphx.com. Look for survey questions and other research on our business community.
ANGELA STICCA SNYDER CEO and Founder Taxanista Sector: Accounting It’s been a constantly changing work environment this past year. Some changes we made we hope to be temporary, like masks, gloves and spraying every single surface down. On the other hand, working virtually we are finding that it is allowing us to have a more competitive yet flexible client environment. During this time, we have really leveraged digital communications. The options are endless and getting better every day. We tend to prefer the ones with video (Zoom, Google Chat, Ring Central, to name a few) because it does give a little bit more of a personal feel, albeit only two dimensional. We have found our meeting times down 40%, while productivity is up, so we are clearly keeping this change from the pandemic. Taxanista taxanista.com Angela Sticca Snyder is the consummate strategist. She loves listening, analyzing and developing ideas and plans. She graduated high school at age 16, earned her Bachelor’s in accounting at 19 and her Master’s in taxation at 21. She is a federally licensed, IRS Enrolled Agent and maintains a former Federal Top Secret Security clearance. She has more than 25 years of expertise in taxes, IRS audits, accounting and more.
QUICK AND TO THE POINT
GUIDES & RESOURCES Find out more in each issue of In Business Magazine as we provide resources and guides that can help businesses get and stay connected to the information they need to build business.
COVID-19 Business Stimulus: With now two phases of the Paycheck Protection Program loans and other Small Business Administration loans and stimulus packages, we include these links for businesses: • PPP Loans: sba.gov/funding-programs/loans/ coronavirus-relief-options/paycheck-protectionprogram • SBA Stimulus: sba.gov/page/coronavirus-covid-19small-business-guidance-loan-resources • Get My Check: irs.gov/coronavirus/get-mypayment Vaccine: As vaccines become readily available and businesses begin to go back to the office, we offer these links for more information on where to get vaccinations and who will qualify: • Registration: podvaccine.azdhs.gov
Photo courtesy of Fully Loaded Deliveries
More than a Moving Service Experiencing growth even during the pandemic, Fully Loaded Deliveries — a luxury delivery, moving, receiving and warehousing company — recently purchased and expanded into a new 33,000-square-foot warehouse in North Phoenix from its previous operations out of two separate facilities that totaled 18,000 square feet. According to president and founder Chris Berg, Fully Loaded Deliveries is seeing additional designers from out of state using its services as well as continued growth locally with more and more people choosing Arizona as their new home. With its focus on luxury, priceless pieces that need to be packed up, safely stored and moved into the client’s new home, its target market includes customer interior designers, homebuilders, architects and furniture manufacturers. The team often works with clients that have multiple homes and they provide services in receiving, warehousing, installation and full-service packing and moving. They work alongside designers on their designer installations, sometimes working off their blueprints or other renderings, and remove the middleman of truck drivers. The custom facility has been built to fit Fully Loaded Deliveries’ needs, as well as their clients’ needs. This includes designing plenty of space for climate-controlled storage no matter how long the items are stored, as well as creating an overall space that was wide and tall enough to allow the team to organize pieces by client, room and allow specialty pieces to be racked individually to further preserve their quality. The warehouse also has plenty of loading docks to further enable the full-service design logistics aspect of the business, with Fully Loaded Deliveries’ trucks being able to pull right up to the warehouse, unload and go on to the next job. Unique to Fully Loaded Deliveries’ design logistic standards, the firm makes sure that all items received are photographed and logged into its custom database, then all items have a printed label detailing what room the item belongs in as well as the photo of the item to ensure it can be placed and set in the new home fast and efficiently. Fully Loaded Deliveries primarily services clients throughout Arizona; however, this new warehouse allows the team to continue to take on more jobs outside of the state and still have the capacity to maintain their quality of work. Currently, Fully Loaded Deliveries is servicing clients in more Western states and now has the ability to serve individuals all over the country. —Mike Hunter
• General Information: azdhs.gov/index.php
SMALL BUSINESS Assistance and Guidance: Many businesses are looking for information that will improve business through programs to enhance services, resources that can assist in day-to-day business or simply connect businesses with opportunities. Here are this month’s resources: • Arizona Small Business Association: asba.com • CPLC Women’s Business Center: prestamosloans.org/womens-business-center • Small Business Development Center: maricopa-sbdc.com
LEGAL See our In the Firm Legal Guide to attorney practice areas in this issue (page 57). Each year, we include several top attorneys on our list of the most likely practice areas businesses are looking for to help them in business. Because of the pandemic in 2020, we have asked the law firms involved to include specific areas that businesses may need help on as they rebuild their businesses. Legal resources for business include: • In Business In the Firm Guide: inbusinessphx.com • Arizona Bar Association: azbar.org • Legal Services Assistance: des.az.gov/services/ older-adults/legal-services-assistance
MORE Each month we will include other added resources and guide. Here is what we have for our readers this month: • ID Theft: idtheftcenter.org
Fully Loaded Deliveries fullyloadeddeliveries.com
According to the Arizona Technology Council, Arizona is a leader in nextgen transportation technologies.
QUICK AND TO THE POINT
Local Standouts Recognized for Achievements and Philanthropy ACHIEVEMENTS
Bronze-Winning Whiskey from Sran Spirits A panel of active trade buyers awarded Scottsdale distillery Sran Spirits, LLC a bronze medal at the 2020 New York International Spirits Competition with its Daru Whiskey. The NYISC is part of the International Beverage Competition series, a unique group of wine, beer, cider and spirits competitions taking place in New York City, Berlin, Melbourne and Hong Kong annually. nyispiritscompetition.com
HiMS Wins Best in Biz Award For its Rapid Response program that integrated telehealth and virtual billing services into its EHR platform and helped clinics overcome the challenges of COVID-19, Health Information Management Systems won Silver in the Most Innovative Product of the Year, Healthcare and Medical category in the 2020 Best in Biz Awards, the only independent business awards program judged by prominent editors and reporters from top-tier publications in North America. hmsfirst.com
ProShred AZ: Shred for Food In its eighth annual shred-a-thon, ProShred Arizona raised close to $4,000 and 582 pounds of food for the Foothills Food Bank in Cave Creek, shredding nearly six tons of paper for residents who “paid” with a monetary or food donation. proshred.com/greater-phoenix
Curaleaf Donates Pet CBD Product Curaleaf, a community-minded cannabis company with eight locations across Arizona, recently donated more than 1,300 units of pet CBD to the Forever Loved Pet Sanctuary, a small nonprofit in Scottsdale that helps senior dogs find their forever homes. Using 100% natural and U.S.-grown hemp that was tested and extracted to the highest industry standards, Curaleaf’s team of scientists transformed the hemp-based CBD oil into a product with precise dosage and flavor for pets. curaleaf.com
Community Win/Win Thanks to M3 Junk Removal Taking a “donate first, trash second” approach and partnering with three local charities to donate gently used furniture from its junk removal pickups, M3 Junk Removal — a division of North Phoenix-based M3 Commercial Moving & Logistics and Muscular Moving Men & Storage — is benefitting UMOM, New Life Center and St. Vincent de Paul while saving landfill space. m3junkremoval.com
Securing Your Choice of Security Firm Hiring a security firm can help protect one’s business from crime, but it is critical to find the right match for the job. Based on my 20-plus years’ experience in law enforcement and security, here are some questions I suggest businesses ask before hiring a security firm.
DOES YOUR SECURITY FIRM HAVE PROPER LICENSING?
By hiring a legally licensed security firm, businesses can ensure they are hiring a true professional, capable of protecting their property and residents. Firms operating here should be licensed through the Arizona Department of Public Safety.
ARE YOUR GUARDS TRAINED AND HOW MUCH DO YOU PAY THEM? Specifically, businesses should ask if the guards are trained with weapons, if they know how to execute a perimeter search, and if they know how to tell if someone is acting suspiciously. And guards, like people in any job, are more likely to be interested in doing their job and doing it well if they are well paid.
WHAT IS YOUR EXPERIENCE WORKING WITH OTHER BUSINESSES IN MY INDUSTRY?
Businesses should choose a security company that has knowledge and understanding of the environment in which it operates and the individual processes that need to be put in place to keep its assets safe. It almost goes without saying, but it is also wise to ask for references.
WHAT HAPPENS IN AN EMERGENCY?
A security strategy should encompass elements such as responsibility, response time and security equipment. Having a procedure in place in case of emergencies will put one’s mind at rest and, if the worst were to happen, damages can be minimized. These procedures should include calling law enforcement, protecting customers and employees from danger, escorting people from the area and being a good witness for the police. Using these questions when evaluating potential security firms will help business leaders make the right decision and ensure their property is in safe hands. —Bill Herzog, director of operations with LionHeart Security Services (www.lionheartsecurityservices.com)
The KNOW Women Strives for Global Impact Women link arms in ways that are different from men. They want to “feel good” when working together. They want to use intuition when making decisions. And they want to feel supported and engaged in community. These observations by Sarah Benken informed her organization of The KNOW Women in 2017. “For women, it is more than just passing around a business card to attract sales; it is about being in sync with our vendors, partners and clients. In fact, recent studies show that women work best when united, collaborative, and work together in community. Simply put, women want to connect with like-minded women for many reasons, but mostly to feel supported,” she says. While her stated purpose was “to bring more attention to local women doing remarkable things throughout Phoenix,” she has found many members are looking to engage with others globally “because different voices bring new views and ideas.” The now internationally recognized KNOW Women is distinguished by its annual publication of its KNOW Book, which “features our KNOW Women
The KNOW Women has expanded beyond its birthplace of Phoenix and plans to launch in every major city across the United States and Canada. It is currently in 11 markets and will expand into five more this year. theknowwomen.com
in an authentic glamorous style,” Benken says. “Additionally, we are the only organization with its own nonprofit and diversity advisory team.” The nonprofit, KNOW Cares, aims to raise funds for women and youth around the globe, help women in second- and third-world countries better their lives by ensuring educational opportunities, and will include emergency relief for businesswomen, leadership development and mentorship opportunities as well as grants to aspiring female entrepreneurs. “Our mission is to create big impact for women to break glass ceilings and be known for their hard work. Every initiative is built around that mission,” Benken says. A few of the women featured in KNOW (Phoenix) are Aimee Werner, founder of global clean skincare line Whish Beauty; Letitia Frye, renowned auctiontainer; Jeri Williams, Phoenix Police Chief; Kate Gallego, Mayor of Phoenix; Julie Geise, president of the Phoenix Raceway; and Leah Huss, founder of Huss Brewing. —RaeAnne Marsh The KNOW Women theknowwomen.com
METRICS & MEASUREMENTS
The Female Opportunity Index 2020/21 (Where) Does Phoenix rank in equality and career opportunity for women? by Adrienne Gormley
The historic 2020 U.S. election held a tremendous amount of promise in regards to women’s rights, equality and representation in government and ultimately has resulted in the firstever female Vice President, Kamala Harris, and a record number of women elected to congress. What could be more inspirational for young, ambitious women in America than seeing increasing female representation?
Our study found that the U.S. also ranked first for the number of women in female entrepreneurship roles, reflecting a growing trend in female leadership. There’s no denying that that like all the countries in study, the US has a long way to go in terms of achieving gender parity, however the changes we are seeing in US election as well as entrepreneurship offer hope that the country is moving in the right
Leveling the Playing Field The N26 study shows which U.S. cities and global countries are showing the greatest advancements in terms of equality and support for female achievement.
Top 10 Global Countries
Total Women in Government
Female Access to Education
The U.S. ranks No. 48 out of 100 countries.
Women in Entrepreneurship
The U.S. ranks No. 60 out of 100 countries.
Salary Level and Gender Wage Gap
The U.S. ranks No. 21 out of 100 countries.
direction, and that there is potential for huge leaps forward for women in the coming years. We conducted this study because we at N26 truly believe that women should have the same opportunities and freedom to be as financially independent as men, and this starts with having equal opportunity to be self-sufficient. The results show that women are still making incredible strides around the world as leaders in government, research and the corporate world despite the uphill battles they face. It’s up to us all to work together towards removing the unnecessary barriers to female self-sufficiency and achievement, and, as a banking platform, we hope to do so in our own small way. Data has also shown that in countries where there is more gender parity, poverty drops and economies grow, while new research has shown that companies that foster female leadership perform better and increase profits. This is something we strongly believe in at N26. No one can predict what the next year or even the next decade has in store for us, but one thing is clear: Working toward advancing female leadership creates greater benefits for everyone.
Ranking of U.S. Cities Overall, the top three U.S. cities are Seattle, Washington, D.C.; and San Francisco. The study ranked only the top 12, and none of Metro Phoenix’s cities made the list. • San Francisco has had the most years under female mayorship between 1970-2020 (12 years), followed by Portland and Minneapolis (both 11 years). • Portland has the highest percentage of women in current local government (67%), followed by Seattle (62%) and Austin (58%). • Seattle has the highest score for women in corporate leadership (100), followed by Portland (84.9) and Minneapolis (84.7). • Washington, D.C. has the highest percentage of female founders (26%), followed by New York (23%) and Los Angeles (22%). • Austin has the highest percentage of women in newspaper editorial boards (56%), followed by Seattle (50%) and Atlanta (44%).
Note: A total score of 100 does not mean a city or country is perfect for a particular factor and therefore has no room for improvement, but rather means it is the best in this factor in comparison to the other locations in the index. Source: https://n26.com/en-us/female-opportunity-index
A recent study by N26 ranked the U.S. No. 48 among 100 countries globally that are showing the greatest advancements in terms of equality and support for female achievement.
Adrienne Gormley is chief operating officer of N26 (N26 GmbH). which is building, in its words, “the first mobile banking platform the world loves to use.” Founded by Valentin Stalf and Maximilian Tayenthal in 2013 and launched in early 2015, N26 today serves more than 5 million customers in 25 markets. Its banking services in the U.S. are offered in partnership with Axos Bank®, Member FDIC. As part of its mission to help people feel in control of their lives and their finances, N26 commissioned this study to understand where it can champion change and make a difference by looking into workplace achievements, and the factors that drive female independence. While there is still much work to be done, the results celebrate the U.S. cities and global countries that are showing the greatest advancements in terms of equality and support for female achievement, while bringing attention to those that could be supporting working women better in 2021 and beyond. n26.com
BY RAEANNE MARSH
ENTREPRENEURS & INNOVATORS
HealthyVerify Certification: Getting America Open Again
Since its inception last spring, HealthyVerify has helped hundreds of workplaces, businesses, performing arts venues and sports teams abide by COVID-related mandates and make sense out of CDC and other guidelines to create an actionable plan. Clients range from fitness centers and restaurants to school districts, professional sports teams and local governments.
HealthyVerify Certification helps businesses reduce the risk of workplace disease transmission and show the public they are going above and beyond what is expected by providing an independent third-party review and inspection process. The Scottsdale-based company was founded by Jordan Rose and Court Rich in March 2020, as businesses began facing COVID-19 lockdowns. “The inspiration came from seeing that while some companies were deemed essential or allowed to reopen, there was still a lot of question and uncertainty about whether they were safe to visit, shop and buy from,” says COO Nick Labadie. “Our goal from the beginning was to give the public, employees and organizations a way to see that a medically and scientifically based independent third-party had reviewed and certified that the organization was taking the appropriate steps to reduce the risk of transmission of disease.” Aiming to get America open and operating again, HealthyVerify provides three core services: Develop health safety standards and programs customized to the client’s business, organization or venue; expert assistance with implementing those new standards, including training employees and managers; and certification that the new cleanliness and sanitary programs and protocols have been implemented, with inspections to ensure the certification protocols continue to be maintained.
The biggest challenge for HealthyVerify has been just letting everyone know its new service exists. HealthyVerify has partnered with Arizona State University to reduce the workplace risk of spreading infectious diseases and works with the infectious disease control doctors from Barrow Neurological Institute to develop procedures for businesses. “Our partnerships allow us to be at the cutting edge of science and best practices,” Labadie says, noting HealthyVerify is the country’s only independent medically based, scientific and professional full-service certification company helping to minimize the risk of disease transmission. “When people learn about us and how we can help instill confidence in employees and customers, businesses make the easy decision to seek certification.” Wayne Gretzky’s famous quote of “skate to where the puck is going to be, not where it has been” was motivational and really helped shape the founding of the company, Labadie shares. “Everyone was wringing their hands and wondering how they will know if places are taking the right steps for everyone’s safety. No one else was doing it, but that’s the direction things needed to head in, so HealthyVerify was created to answer the question.” HealthyVerify Certification healthyverify.com
Christie Kerner believes there is one item that most women won’t go a day without: mascara. She founded My Little Mascara Club in 2019 with a mission is to help women feel better about themselves and life. “We do that by creating awesome mascara and happy moments,” Kerner says. “As a blonde, I have had a lifelong love of mascara. I found it hard to believe that we should still have to put up with mascara that smudges, clumps and contains toxic ingredients. I saw strange and scary-looking brushes as the primary innovation coming out or mascara, not a better formula.” Seeing mascara treated, generally, as an afterthought to a full cosmetic line, Kerner decided to specialize in this one cosmetic by studying both the formula and the components to create
a mascara that not only stays put but is also easier to apply and create a fuller lash look. “So,” says Kerner, “I enlisted bunches of cosmetic scientists from all around the world and spent over a year developing the perfect mascara.” With a line that offers vegan and cruelty-free products made more than 90% with natural ingredients, Kerner says also, “A big part of our secret is the smaller size of our bottle and the perfect curve of our wand.“ March 2020 was the company’s public launch, which was “not a great time in this world,” Kerner wryly observes. She found communication and buying patterns to be very different from previous years. “Although I’ve been an innovator and business builder for most of my career, it’s like the rule book was thrown out and we had to rediscover how
to grow.” She credits Local First Arizona and Jamie’s Local Love for their support. “At the heart of this company is an obsession with helping others feel more happiness in life,” says Kerner. “I started the study of emotional intelligence early in life, and learning to understand how the human mind works has been my single greatest tool.” My Little Mascara Club mylittlemascaraclub.com
Launched in spring 2020 in response to businesses embattled by the pandemic, HealthyVerify provides procedures developed specifically for each business with direction from Barrow Neurological Institute’s infectious disease team. healthyverify.com
Photo courtesy of My Little Mascara Club
My Little Mascara Club: Making Mascara the Big Event
PROPERTY, GROWTH AND LOCATION
BY MIKE HUNTER
Phoenix Ranks among Markets with Fastest Flex Expansion The pandemic-induced downturn that some feared would severely impact the flexible office space sector has instead landed flex space a prime role in future office strategies, according to a recent report from CBRE. And in Phoenix, flex space has grown rapidly as of late, expanding by 13.7% in 2020 — making it No. 10 among the leading flex office markets in the United States. CBRE’s annual flex-office report, “The End of the Beginning: North America Flexible Office Market in 2020,” outlines how the once-surging sector has held its own amid pandemic-related lockdowns and the resulting recession. Though the sector’s annual growth in square footage slowed to 7% as of the second quarter from 41% in the prior year, closures have been fewer than anticipated. The outlook for flex office now is optimistic: A recent CBRE survey of 77 major companies around the globe found that 86% anticipate using flex space as a key part of their real estate strategies going forward. Additionally, 82% said they will favor buildings that include flex-space offerings. “We believe corporations will use their workspace as a tool to cultivate an employee experience that can’t be replicated at home. More so than ever, employers will be looking to offer their workers flexibility while providing best-in-class amenities, service, and health and wellness,” says Phoenix-based Charlie von Arentschildt. CBRE defines flex-office space to include multiple formats of office space leased for shorter-than-traditional terms. That includes co-working, which often entails communal desks and common areas used by a flex operator’s occupants. But it also includes faster-growing models, such as private suites and enterprise offerings, which dedicate offices or entire floors for use by individual companies. “While Phoenix has seen new-to-market flex providers such as Industrious rapidly expanding their footprint over the past couple of years, Phoenix was undoubtably late to the flex game,” says von Arentschildt. “Just 1.4% of our city’s office space is comprised of flex space, which means the existing inventory should be quite resilient while still providing an opportunity for healthy growth within the sector.” One factor among many supporting the flex sector’s resiliency and continued growth is demand, which is anticipated to stand at healthy levels, as shown by responses in CBRE’s surveys of companies about incorporating flex space into their plans. Once those companies shift back into growth mode, flex space will offer them a nimble tool for expansion. It can also provide flexibility for individual employees through new subscription and on-demand formats that allow them to reserve workspace anywhere within a provider’s network on short notice. Another factor is the relationship between flex operators and their landlords, as the recession and pandemic spurred them to better cooperate to ensure the operators can survive and later thrive, sometimes through revised lease terms. That also has led to more momentum for flex-space models in which the landlord takes a greater role, either by partnering with the operator and sharing profits and losses, or by the landlord operating the flex space itself. CBRE cbre.com
‘Stay & Play’ Offer to Prospective Homebuyers Camelot Homes offers a unique new Stay & Play experience at The Villas at Seven Desert Mountain™ in North Scottsdale: Potential homebuyers have the opportunity to stay in one of the award-winning community’s homes, play golf at the championship Seven Desert Mountain golf course and partake in the community’s world-class amenities. “Buying a new home and choosing a new community to live in is a big decision,” says Trent Hancock, VP of marketing for Camelot Homes. The luxury lock-andleave lifestyle community began selling last year, offering 49 residences starting at $1.4 million. camelothomes.com
New Build Accommodates COVID Sensibilities Construction is complete on Chandler Corporate Center Phase II, from developer VanTrust Real Estate. The two-story, 117,394-square-foot Class A office building is part of the three-phase One Chandler Corporate Center, located on 26 acres one mile from freeway loops 101 and 202 at 4100 W. Chandler Blvd., that has been designed to attract Fortune-ranked corporate tenants. Noting that companies worldwide are re-evaluating their offices to consider COVID-19-inspired needs, Phil Breidenbach, senior executive vice president with Colliers International in Arizona — who serves as the project’s exclusive leasing agent — says, “Chandler Corporate Center II is the first building to come online with the features corporate office users seek to welcome their workforce back safely and productively.” Such amenities include touch-free entries to building lobbies and restrooms, high ceilings offering added air circulation capacity, and large outdoor amenity areas. colliers.com • vantrustre.com
West Valley Is High Profile for Industrial In a strategic joint-venture partnership with Phoenix-based Bird Dog Industrial CRG, the real estate development and investment arm of Chicagobased Clayco, will be developing 335-acre industrial park The Cubes at Glendale. Construction will begin on March 1 of a 1.2-million-square-foot speculative warehouse, part of a project that will ultimately bring to market 5.5 million square feet at the intersection of Reems Road and Northern Avenue in Glendale. “We’ve watched Phoenix closely waiting for the right opportunity to expand our platform here,” says Shawn Clark, president of CRG, who expects such projects to get the attention of national users. John Lydon and Bill Honsaker, managing director with JLL, will be handling the leasing. jll.com • realcrg.com
According to JLL research, Phoenix’s West Valley is an industrial hotspot that continues to surge due to strong labor, strategic location, business-friendly fundamentals and the accelerated demand the pandemic has placed on sectors such as e-commerce, medical supplies, and food and beverage.
PROPERTY, GROWTH AND LOCATION
BY MIKE HUNTER
Gilbert Mixed-Use Development Designed for Walkable Lifestyle Epicenter, the high-end, vertically integrated mixed-use community and retail destination in the heart of Agritopia®, is progressing on schedule with construction since its groundbreaking in January. The development is slated to welcome residents in the fall of 2021. The multi-family units feature state-of-the-art amenities along with design details that will capture the essence of the Agritopia® community’s walkable lifestyle. In addition to previously announced amenities, including a maker’s space and a demonstration kitchen, residents will have access to ample co-working space and conference room replicating a greenhouse and paying homage to Gilbert’s farm life. Other amenities include a resort-style pool, dedicated yoga lawn, high-end fitness facility and a spacious dog park. Package lockers and food storage and delivery lockers will be located in the lobby to eliminate non-resident foot traffic beyond secured areas. Epicenter will also feature a fully secured bike storage and repair shop, so residents can conveniently explore the community without the need of a vehicle. Epicenter will consist of some of the tallest buildings in Gilbert, featuring sweeping views of the San Tan and Superstition mountains. In addition
to its 320 apartment homes, Epicenter includes retail space that will house beloved local and regional brands that are experts in their craft and considered by many to be best in their class. Current retailers include Beer Barn, Matt’s Big Breakfast, Gadzooks, Peixoto Coffee, Bunky Boutique, Wylde Salon, Hooligan’s Barbershop, Vintage Home and The Fit Collective workout community. “It’s been wonderful to witness the progress of Epicenter in spite of the challenges presented in 2020,” says William Johnston, CEO of Johnston & Co., the project developer, crediting also, “Our partners at StreetLights Residential have done an incredible job capturing the heart and soul of Agritopia® and translating that into the design at Epicenter.” The project is the capstone to complete Agritopia® and designed to cater to residents of all ages. Epicenter pays tribute to the property’s agrarian past and present — Agritopia® includes an 11.3-acre organic farm — and each building is uniquely designed to further the sense of a community coming together. epicenteratagritopia.com johnstonandcoaz.com • streetlightsres.com
En Fuego, which broke ground last March, is well under way, according to Walt Brown, founder and CEO of Scottsdale-based real estate brokerage and development company Diversified Partners, who recently announced Starbucks, Raising Cane’s, Barro’s Pizza, Burros & Fries, Twisted Sugar, Jack in the Box, Then Burger and Honey Go Nails are already committed. Across the street from the Westgate entertainment complex, En Fuego is in excellent company with the Tangier outlets around the corner and Cabela’s next door. Available now for Phase I are pads, shops and land, ranging from 3,000 square feet to 15,600 square feet/1.33-acre lot. Phase II will offer 8.32 acres for office, flex or entertainment use. “This is a big deal for the City of Glendale. It’s a densely populated area with over 100,000 residents within three miles, not to mention the nearly 85,000 in daytime population also within three miles,” says Glendale mayor Jerry Weiers. “This is an excellent partnership, and we are fully committed to supporting En Fuego for the long haul.”
“We came up with the name En Fuego, which means ‘fire’ in Spanish,” Brown explains. “The iconic fire circle we designed represents the complex as a center or whole with a flare of the fire elements incorporated throughout the complex, using high-contrasting vibrant colors to engage the consumer.” dpcre.com
Agritopia®, which includes an 11.3-acre organic farm, is also home to Epicenter, which features some of the tallest buildings in Gilbert as the high-end, vertically integrated mixed-use community and retail destination in the heart of Agritopia®.
Photos courtesy of Epicenter (top), Diversified Partners (bottom)
Development on Prime Parcel in Glendale
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MINDING THEIR BUSINESS
Chris Johnson: from Carpenter to CEO Building on a legacy, he leads Johnson Carlier construction company in adapting to industry changes by Taylor Tiner
AMONG ITS THOUSANDS OF PROJECTS … Johnson Carlier has received numerous project awards, including RED’s “Most Challenging Project Award” for the Mercedes-Benz of Scottsdale project, and has built some of the Valley’s most notable buildings, including Palo Verde Nuclear Generating Station Operations Support Buildings, Phoenix Art Museum, Barrows Neurological Institute buildout at St. Joseph’s Hospital, Valley Bank, United Dairymen of Arizona.
Not many people can say they’ve been working in their respective industries since the age of six. However, Chris Johnson, CEO and chairman of Tempe-based Johnson Carlier Construction, is one of the few who can. The Johnson family legacy dates back to 1892, when Chris’s grandfather, C.O. (Carl) Johnson was born in Sweden. In the following century, Carl emigrated to America and founded C.O. Johnson Building Company. One of the very first projects Carl built was an adobe pueblo-style home in Phoenix, then his building acumen and experience quickly expanded the company into the commercial side. In 1945, Carl’s son Lee joined his father in the family business, and after World War II, things took off. The company focused on schools and churches in the ’40s while the ’50s brought new markets like office and warehouses. The ’60s were a time of defining growth. Lee purchased the company from his father and welcomed two key employees to the team: Vice President Robert E. Mann and Lead Estimator R.C. (Bob) Strembel. Carl retired and Lee led the company for more than three decades. Chris, Lee’s youngest son, started tagging along with his father at a young age. In 1971, he joined the company as an apprentice carpenter and accelerated his love for and knowledge of construction. “Many people in my shoes would simply go into the family business because it is the easy path, then be unfulfilled. Fortunately, I always loved building things. I was born handy, so for me, it just made sense,” he says. One day, unexpectedly, Lee called Chris directly at a job site (not a common occurrence in those days before cell phones) requesting that he come straight to the office. A nervous Chris reluctantly obeyed, heading in to hear the news. “I remember thinking, ‘What did I do?” Chris recalls. “When I arrived, he told me he was leaving and not coming back. It was his way of telling me he wanted to retire, immediately.” So Chris Johnson, only 25 years old, purchased the business from his father. And quickly realized he needed a complementary business partner to help him grow the company. “I was smart enough to recognize that I was venturing into uncharted waters. And that I needed expertise that I didn’t have.” Johnson had met Gene Carlier through the Associated General Contractors of America, where Johnson was president and Carlier was on the board of directors. Carlier had left Sundt after 20 years and was looking for an opportunity. Recalls Johnson, “He came to my office one evening and we drank a bottle whiskey. We shook hands, and he left owning 30% of my company. Best thing I ever did.” Thus, in 1981, Johnson Carlier was established. The name continues even since Carlier’s retirement in 2000. The year 2000 also saw construction commence on a new corporate office in Tempe. The company continued to
expand and focus in the areas of education, auto dealerships, retail, public works, office, industrial and healthcare — areas Johnson identified as ones in which Johnson Carlier could be competitive and that seemed promising for lucrative growth. In 2017, Johnson Carlier joined forces with the Big-D Family, enabling the company to add bench depth, additional marketsector experience and the ability to expand geographically. What began for Johnson as a five-employee, $3-million construction business has grown into a $100-million-plus company. “Fortunately, my role and skills were able to develop side by side with the growth of the company. My role evolved from what I would characterize as an apprentice carpenter to running a very successful business,” says Johnson. “As CEO, my job was to hire good people and put them in the right seat on the bus. Give them the tools they needed to do their job. And support them, motivate them.” Although he describes that strategy as “very simple,” he shares, “Believe me, it wasn’t always perfect. Sometimes you’d make a bad draft pick and, to say the least, things wouldn’t work out the way you planned. Correct it and move on. That’s all you can do.” Underlying Johnson’s leadership style is his philosophy regarding his relationship with his team. “Treat them the way you hope to be treated. You can have all the education in the world, but if you can’t work well with people, degrees won’t matter much,” Johnson says. “Build it with truth. If you say it, do it.” Johnson Carlier, LLC johnsoncarlier.com
How far we’ve come since 1971: “In those days, by comparison to today, building a bank, church or school was not particularly complicated,” Johnson relates, “and, to give you some perspective, we used carbon paper because we didn’t have a copy machine.”
YOUR BENEFIT IN BUSINESS
WELL WELL WELL by Mike Hunter
BioLab Sciences Advances Accessibility of Transformative Wound Care Technology Scottsdale-based BioLab Sciences, an emerging regenerative biotechnology company, recently acquired the patents and intellectual property for MyOwn Skin™, a revolutionary regenerative therapy that is transforming the wound care industry, from Bogota, Colombia-based Keraderm. The acquisition enables BioLab Sciences to license MyOwn Skin™ internationally and bring advanced wound care options to patients globally. “This not only positions us at the forefront of advanced wound care, but, more importantly, will enable us to get this transformative wound coverage to individuals around the world who have been suffering with hard-to-heal wounds,” says Carlos Encinas, Ph.D., chief science officer of BioLab Sciences. MyOwn Skin™ eliminates the need to surgically remove, or harvest, large areas of healthy skin from other parts of a patient’s body to produce skin grafts, which can often result in an additional wound more painful than the original. This novel biotechnology leverages a very small sample of a patient’s own skin through a non-surgical procedure to reproduce three 4-inch by 4-inch skin grafts within a week, and in some cases accelerate the healing of chronic wounds, diabetic foot ulcers and other difficult-to-heal wounds. Because of its favorable outcomes, MyOwn Skin™ is on track to disrupt the wound care market. In fact, the biotechnology was recently awarded MedTech Outlook Magazine’s Top 10 Wound Care Solution Provider in 2019. And more recently, BioLab was awarded the “Entrepreneur Award: Patient Solution” by Reuter’s Pharma Awards for MyOwn Skin™. “We’ve been looking for the right partner with experience in the regenerative therapy industry and one that truly prioritizes the health and wellbeing of patients over profits,” said Jorge Soto, CFO of Keraderm. “We found that partner in BioLab Sciences. Plus, they have the network and the right team to bring this important wound care solution to the global market.” biolabsciences.net
The Impact of COVID-19 on Employer Medical Plans The COVID-19 pandemic continues to have a significant influence on businesses across the nation. One of the biggest areas of change is medical spend and the overall cost of medical plans for employers. Although many might assume medical spend has increased due to persons requiring care as a result of the pandemic, the opposite is true. According to the MJ Insurance COVID-19 white paper “The Impact of COVID-19 on Employer Medical Plans” — which analyzes the change of medical spend and cost of medical plans for employers using MJ’s proprietary analytics platform, APERTURE® — medical claims, spend and the use of medical services are down significantly. In fact, while total enrollment has remained flat, overall use of medical services have seen a 16% reduction year over year. A large part of the population has avoided leaving home whenever possible — including trips to a physician, surgery and elective procedures. MJ’s white paper, based on MJ client data, reports that ER utilization is down 26%, surgery claims have gone down 51%, screenings and exams have gone down 57%, primary care visits are down 74% and overall spending has gone down 44%. Telemedicine and emergency virtual care options are also impacting the trend toward reducing healthcare spending. While these trends have helped mitigate spending on unnecessary tests and evaluations, they may also lead to delayed detection of life-threatening diseases. Another concern is whether or not the healthcare system can sustain the pent-up demand that could occur when people feel comfortable going back to the doctor. But for now, primary care visits are expected to stay far lower than normal until a widespread COVID-19 vaccine is in use. For some organizations, these trends will create a surplus of funds — money that can be used to help grow and improve their business. However, once an effective COVID-19 vaccine is widely distributed, the potential delayed demand for inperson healthcare services might lead to a surge in spending. Additionally, distribution hurdles and potential side effects of the vaccine could lead to a longer-term impact on our healthcare system. It is important to note, as the pandemic continues, the numbers related to overall use of medical services, ER utilization, primary care visits and other relevant statistics are starting
to rebound. However, these numbers aren’t all rebounding at the same speed. For example, ER utilization is not recovering as quickly as other areas because people are continuing to use more efficient, less expensive options. While progress is slow, we are starting to see things go back to normal, with medical spend beginning to revert to levels from one year ago. With the approval of a COVID-19 vaccine, we expect healthcare spend to increase back to near normal, but do not expect a full return to 2019 levels for at least one year. While we can’t be certain what the future will bring, businesses can be better prepared for whatever’s coming by paying close attention to healthcare trends and taking advantage of them when applicable. In the meantime, businesses should work with their employee benefits advisor to determine where to best allocate extra funds they may have due to decreased healthcare spend. These experts can help figure out if it’s the right time to expand the business, hire more employees, add to a rainy-day fund or use the surplus in other strategic ways aimed at helping them achieve all their objectives. —Brian Gratigny, VP of Analytics at MJ Insurance (www.mjinsurance.com), one of the nation’s leading insurance agencies with more than five decades of success. The Impact of COVID-19 on Employer Medical Plans bit.ly/mjcovidimpact
MyOwn SkinTM was developed in 2012 by Jennifer Gaona, scientific director of Keraderm and specialist in plastic and reconstructive surgery, and plastic surgeon Juan Carlos Zambrano. In 2018, BioLab Sciences secured the license to produce it in the U.S., where it has since been used to treat patients with severe burns, chronic wounds, diabetic foot ulcers and other difficult-to-heal wounds.
We’re Making Our Mark on Medicine OptumCare® believes that great health begins by providing forwardthinking leadership in the discipline of medicine. So we proudly serve Phoenix with advanced health care at 16 clinics with over 40 providers, all dedicated to putting the patient first. We’re here to stay—and to move care in our community in bold new directions. Find out more at professionals.optumcare.com.
©2020 Optum, Inc. All rights reserved.
INNOVATIONS FOR BUSINESS
by Mike Hunter
Surge in ‘Snitch Software’ Highlights Need to Keep IT Licenses Current The year 2020 saw the emergence of “snitch software” sneaking into auditing practices, and the International Association of IT Asset Managers, the leading authority on IT asset management, expects its use to proliferate. How does this manifest? One example is a recent court case between a vendor and a consumer. The vendor had placed into its product a Piracy Detection and Reporting Security Software (PDRSS) that tracks and informs the vendor whenever an unlicensed software is used, including providing the IP address. Eventually, the vendor audited the consumer and explained that its software was being used incorrectly, but the consumer argued that had not been proven. This led to the vendor explaining it had implemented PDRSS, which led to a privacy and permissions dispute. This is just one incident of snitch software, but there will likely be more cases and implementations since audit rates are going to increase as organizations seek to financially recover from the pandemic. Knowing this, organizations should be prepared for snitch software to gain momentum, and software makers are going to put them into more products. For companies to avoid fines and embarrassment, IT asset managers will need to focus in 2021 even more than usual on ensuring that licenses are current and properly accounted for. Acknowledging that organizations may have viewed IAITAM as prophets of doom for its warnings of unreadiness for a radical shift into the work-from-home environment, President and CEO Dr. Barbara Rembiesa says, “We believe that our multiple efforts in 2020 to raise the alarm had a salutary effect. Many changes to the IT Asset Management industry are taking place right now and some are due to the coronavirus pandemic.” She credits IT asset managers as being unsung heroes whose efforts have allowed companies to maintain business continuity, which saved countless jobs and entire organizations. iaitam.org
Workforce Management Helps Navigate Today’s World of Work Workforce management software does much more than automate paper time sheets and manual schedules. The world of work has evolved with complex labor laws, union rules and employee expectations that make the process of managing hourly workers surprisingly challenging. The pandemic has created additional requirements, including new safety regulations to address health concerns and increased absences. More than ever, companies need systems that can help them manage increasingly complex workforce requirements, support a positive employee experience, and stay compliant with employment laws and regulations. Workforce management systems ensure hourly employees get paid correctly. However, it’s not always as simple as capturing when they “clock-in” and “clock-out.” For example, at some companies, if an hourly employee works 15 minutes over their planned shift, they may need to be paid for a full hour. But this rule may only apply to workers under a specific union contract. First responders often get paid a higher rate if they work on a full moon. And utilities workers may have different pay rates if they work more than 80 feet off the ground during their shift. Companies need to make sure they have a workforce management system that is robust enough to capture all their unique pay rules and ensure that they are accurately applied. If these rules are not followed, the company runs the risk of lawsuits, fines, low employee morale or damage to its brand. This year, many people have re-evaluated their priorities in the wake of the pandemic. Hourly employees in particular are more likely to leave a job where they do not feel safe or have the flexibility they need to manage their home and work lives, according to a recent poll by The Associated PressNORC Center for Public Affairs Research. Employees interact with their workforce management systems multiple times a day, which makes them a key touchpoint for supporting a positive employee experience. Automated pulse surveys, for example, can be used to check in with employees who have worked an extra-long shift or a lot of overtime hours. Pre-shift health screens are also beneficial to ensure employees don’t come into work if they are sick. Self-service tools like shift swaps help employees manage their own work-life balance while ensuring that employers are compliant with rules about who can fill shifts based on employment laws, union requirements and overtime guidelines. Employee scheduling is another area where a workforce management system can help streamline
compliance and support a positive employee experience. A highly unionized environment can fall under 40 or more collective bargaining agreements, with some employees covered by multiple agreements. A system that can automatically build a schedule that is compliant with all labor rules and provide pre-emptive alerts if non-compliant changes are made will save employers time and help them avoid the costs of litigation and fines. Automated scheduling systems can create schedules faster than manual processes, which means employees are notified sooner when they need to work, and they can plan their lives better. In the current pandemic environment, a scheduling system can also ensure that employers are in line with COVID capacity restrictions and allow managers to plan for extra time between shifts to avoid congestion and keep safety a priority. There are many things to consider when selecting a workforce management platform. Employers need to make sure the system is robust enough to consider all of the unique workforce rules their organization needs to comply with, and flexible enough to be quickly updated when those rules change. It’s also important to make sure the platform is user friendly and has features that will make life easier for the workforce. Employees are the most valuable resource a company has. That’s why finding the right workforce management system that pays employees correctly, helps keep them safe and engaged, creates fair schedules and ensures company compliance is so critical in today’s everchanging world of work. —Mike Morini, CEO of WorkForce Software (workforcesoftware.com), the leading global provider of cloud-based workforce management solutions, and a software veteran with more than 30 years’ experience in scaling enterprise software companies
“Snitch software” is a Piracy Detection and Reporting Security Software (PDRSS) placed by a vendor into the product it licenses, which tracks and informs the vendor whenever an unlicensed software is used.
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Business, the Law and
of It All COVID-19
Some businesses prospered, most struggled, as disruption was the common experience – but what is our track forward now?
by RaeAnne Marsh
he observation of Jennings, Strouss & Salmon attorney Otto Shill, “The primary concern of business owners today is to keep their respective businesses viable,” can hardly be disputed. Most business owners are adapting to current market circumstances that may be limiting or altering the way they interact with their customers. In addition, many businesses are facing significant cash flow concerns, and government assistance continues to be vital. The second round of stimulus gives many businesses additional aid to assist with their survival. “However,” Shill adds, “businesses need to stay abreast of regulatory and enforcement changes, many of which come in lists of ‘Frequently Asked Questions’ rather than through the normal rulemaking process. We have seen these regulations evolve from announcement to announcement, which makes consistent compliance more difficult, and exposes employers to uncertainty and risk as they seek to take advantage of government benefits.” Points out Radix Law founder and principal Jonathan Frutkin, “The biggest issue is that we will have more and changing mandates that are difficult to implement. As you can imagine, during the initial push to require public masking, this put tremendous pressure on businesses and their employees to essentially police private behavior.” Additional necessary public health measures, including the closure of public schools, require adjustments from business owners.
Labor and Employment Jaburg Wilk attorney Alejandro Pérez turned his voice against the coronavirus itself when asked about its business impact: “You have had a major impact on almost every facet of doing business. Speaking to the workforce, you have turned the employment relationship on its head. Within days and weeks, employers had to scramble to meet the demands of various closure orders and ensure the safety of their employees by moving large swaths and, in many cases, their entire workforces outside of the workplace and into the virtual remote working world.” Pérez notes the switch to remote work had brought serious issues with wage and hour laws, data privacy, leave laws, and just about every other employment law in existence — putting employers (and, he sardonically admits, employment attorneys like himself) — in the situation of struggling to stay afloat in a flurry of guidance and opinions issued by various government agencies. Small businesses not used to having to deal with the Family Medical Leave Act were, under the Families First Coronavirus Response Act, forced to learn quickly and provide leave previously not required of them. “Speaking of the FFRCA, even larger employers found themselves scratching their heads as to how to provide various sorts of leave under various situations.” The surge of COVID-19 cases is impacting businesses on multiple fronts, notes Eric B. Johnson, chair of Quarles & Brady’s Labor &
Employment practice. From an employment perspective, an increasing number of employees are taking leave while they battle COVID-19, while other employees are being quarantined due to COVID-19 exposure. Many of these employees may be unable to work remotely. “Accordingly, employers should implement contingency plans if a significant number and/or key portion of its workforce becomes unavailable as the pandemic continues,” he says, observing that, while vaccinations offer hope for the future, stability in the labor market is, at a minimum, many months away. It should be noted that much of the initial change was implemented more spur-of-themoment than the result of extensive study and planning. Says Pérez, “Employers had to, essentially, rush their employees out of the door. Many of these employers lacked the proper
infrastructure and IT resources to support large-scale remote work.” In terms of labor, important questions are: How do they measure productivity? How do they prevent easily controllable wage and hour issues in the remote setting? How do they protect their trade secrets and intellectual property? How do they properly measure performance and provide timely and meaningful feedback? “These concerns — and many others — keep my clients, and myself, up at night. And rightfully so; we are a society that doesn’t like to ‘reinvent the wheel.’ In many respects, we are taught to look to the past to inform our futures and, generally, respect the idea of stare decisis. We don’t have history to draw from here.” “The reality of a remote workforce is likely here to stay for many businesses,” says Joshua Black, managing attorney at Law Office of Joshua Black. “Many companies that had only existed in a brick-and-mortar office prior to the pandemic have made the transition to a remote workforce during 2020. While initially chaotic for employers to set up — what wasn’t chaotic at the beginning of the pandemic? — the benefits from the remote-work arrangement have been numerous.” He believes many employers will likely continue to utilize some sort of a hybrid model for allowing employees to work remotely at least part of the time moving forward, if the particular position accommodates it. “It is worth noting, however, that an employer still has liability for employees who are working from home should those employees get injured while carrying out their work duties at the home office.” He suggests employers check with their workers’ compensation insurance providers to get a complete understanding of how employer
“Adapting to changes while remaining flexible has been the new normal for employers. The remote workforce, as I pointed out, is fraught with issues. It is harder to develop, oversee and protect your privacy in a remote work setting.” —Alejandro Pérez
liability will work if an employee sustains an injury while working at home. Pérez believes employers have little choice. “Adapting to changes while remaining flexible has been the new normal for employers. The remote workforce, as I pointed out, is fraught with issues. It is harder to develop, oversee and protect your privacy in a remote work setting.” He anticipates growing pains dealing with a remote workforce. In the alternative situation, for employers still operating brick and mortar with an onsite workforce, safety will be a major issue. Maneuvering safety issues and encouraging vaccines with employees who may refuse the vaccine will likely pose challenges. “Keeping employees, customers and vendors safe is a serious concern that is difficult to navigate,” he says. This is where written policies can bring some order, Black advises employers to make sure their policies and handbooks have been updated to include recent changes in the law relating to COVID-19. “Many employers may now need to add language to their policies regarding topics such as COVID protocols, remote workers, employees accessing company documents and files on personal devices, internet use policies, et cetera,”says Black. “Businesses across all industries have faced some particularly large hurdles this year in the area of labor relations,” Black continues, citing their attempt to grapple with lockdowns and stay-at-home orders that have resulted from the COVID-19 pandemic as the largest among them. “Not only have employers faced major issues with implementing remote work arrangements for their employees who can’t come into the workplace, they have also faced the challenges associated with maintaining a healthy workforce and taking steps to ensure that the workplace itself does not become the epicenter of a COVID-19 outbreak,” he says.
Healthcare And even as we see a potential solution to the pandemic, employers face a new dilemma: When COVID-19 vaccinations become available for the general public, should employers make vaccinations mandatory for all employees? “If so,” says Eric B. Johnson, chair of Quarles & Brady’s Labor & Employment practice, “employers will have to grapple with potential exemptions for certain employees due to things such as an employee’s medical condition or religious beliefs.” The Equal Employment Opportunity Commission has already issued guidance that employers should consult when implementing a mandatory vaccination policy. Black notes that, additionally, employers who intend to implement such a mandate will need to update their employee handbooks and policies, then adds, “These employers, of course, will also need to implement an accommodation process for certain employees who may have legally protected rights to refuse such a vaccine based on their own serious health condition or sincerely held religious belief.” As Pérez explains, employers are facing an unknown future. “At the onset of all this was the thought that one day things would ‘go back to normal.’ I think we now realize that is not the case. The shift, and major concern, has now shifted beyond surviving to adapting to a new workforce.” The above-mentioned issues around mandating vaccination for employees raises further questions about how to ensure the safety of their workforce. “These are difficult questions
that require acute analysis.” And Pérez adds a new one: “On the topic of safety, how does an employer avoid liability for the spread of COVID?” Fennemore Craig’s Heather Macre, whose work focuses on business litigation, healthcare and bankruptcy, enumerates some of the many changes afoot on the healthcare level: On Nov 20, 2020, CMS announced the final Sprint Regulations, which represent sweeping changes to the Stark Law. The Stark Law prohibits physician self-referrals, but its requirements have largely shaped physician compensation and how healthcare is billed and managed. “The new regulations reflect a move to value-based care, which prizes preventive care and quality assurance measures,” Macre explains. She expects this to impact healthcare delivery and pricing. In addition, COVID has stressed the system and left many wondering, “What’s next?” Noting the vaccine rollout will be one of the largest public health initiatives ever, Macre says, “It will be interesting to see how it works and the public’s reaction to the vaccine.” Another change comes from the EEOC’s position that employers may require COVID testing, especially for front-line workers, as long as accommodations are made for disability and religious belief. The same is largely true concerning the vaccine. “This raises some privacy concerns that employers may not have dealt with in the past,” Macre cautions. “The ADA requires that employers keep health data
private, so all this information should be stored in a secure file that is kept separately from other employment files.” Macre believes that, in a changing environment, flexibility and communication are key. “We know that there will be questions about the COVID vaccine and whether or not it should be required or encouraged by employers.” With changes being inevitable on the federal, state and local level as the vaccine rolls out, she says, ”Businesses should come up with a ‘pandemic plan’ as well as a ‘vaccination plan,’ and appoint a point person to monitor changes.” While healthcare costs continue to trend ever higher and these costs being passed on to employers, Macre points out that telehealth also continues to be a trend. According to Macre’s Fennemore Craig colleague Courtney Beller, vice-chair of the firm’s business litigation practice group, many states are considering, or likely will consider, reimplementing restrictions concerning the number of people who can be present at events and/or in businesses, as well as closing certain categories of businesses altogether (such as movie theaters and indoor dining). “Any additional limitations will undoubtedly significantly impact revenue,” she says, noting healthcare providers are certainly among those businesses feeling that squeeze. “Healthcare providers, although very busy triaging COVID-19-related claims, are also taking steps to cancel or reschedule elective surgeries, which make up a sizeable amount of hospital and healthcare provider revenue.” Not all healthcare costs are directly related to COVID-19. Coppersmith Brockelman’s Karen Owens points out, “As hospitals fill up with COVID-19 patients, increasing numbers of patients who need the hospital for other services will either postpone their visits or find their access limited. Businesses will have to cope with the personnel fallout of these postponements: for example, personnel needing orthopedic surgery, which often is classified as ‘elective,’ may need to stay out of work for longer periods prior to surgery.” Owens, a member of the firm’s nationally recognized healthcare practice, adds that this trend may be exaggerated by hospitals losing healthcare providers who burn out after months of stress generated by the COVID pandemic. “Even with the prospect of vaccinations,” Owens says, “this pandemic is by no means over, and businesses should expect its impacts for months to come.”
Real Estate Among all the other issues the pandemic has required giving a new look at or at least careful consideration of, real estate is going to be top of mind for everyone, Fennemore Craig’s Beller believes. “As ongoing infection concerns continue, many workers will continue to work from home and businesses will be subjected to reimplemented occupancy mandates,” she explains. “Employers and business owners will be looking at whether they can renegotiate lease agreements to shrink their physical footprint.” She expects that, with numerous leases coming up for renewal in 2021 and 2022, the same businesses will be looking at whether and to what extent they can negotiate better lease terms in light of these changes. In regard to this, questions about having a remote or hybrid workforce must also be considered. Employers will be weighing concerns about keeping employees safe, with employee preferences to potentially continue working from home in the long term. Says Beller, “We are already seeing this with a shift of big city workers moving to less costly locations while keeping their existing jobs. “Many employers are going to be looking to talent pools outside of the coasts, given that workers can and will likely continue to work remotely due to rising COVID-19 numbers,” Beller continues, noting that the patchwork of COVID compliance rules and regulations across states and municipalities will make it
hard for multi-city and -state businesses to operate, at least in the near-term. This, Beller predicts, will further support a work-fromhome policy — because it will be easier to comply with COVID-19 regulations if no one is physically in the workplace. This is where real estate concerns overlap other employer concerns, since, along with decisions about a workplace, businesses will need to consider what constraints need to be put in place to allow workers to transition to or keep working from home (i.e., confidential information, HIPAA, etc.). Beller suggests businesses look closely at their leases to see what changes, if any, can be made that will help the bottom line. Further, she says, “Based on ongoing and forthcoming occupancy and business restrictions, owners and employers may also be seeking to transition to other industries (i.e., transitioning retail scape to industrial) — they will need to consider whether and to what extent their leases or loan documents allow them to make that change.” Beller raises a concern that businesses may make changes without considering whether or not they are permitted to do so. Has COVID-19 raised the liability exposure for property owners and users? Not really, says Snell & Wilmer partner Byron Sarhangian, who co-chairs the firm’s Real Estate Practice Group and Opportunity Zone Industry Group. “Users and owners have been pretty quick to
develop the ground rules. Owners are requiring potential users to take safety precautions when inspecting real estate and have typically added language to existing indemnification clauses to protect themselves.” However, he adds that, up to now, “we haven’t seen major shifts from a documentation or practical business conduct perspective.” Specific concerns differ based on the particular type of real estate. The industrial and multifamily markets continue to be very strong in Arizona, Sarhangian says. “We’ve seen a number of retail and office developers start to enter the multifamily and industrial spaces. This is pretty uncommon in a typical development cycle, so it will be interesting to see how successful developers are at switching product type/specialization.” Sarhangian believes industrial is likely to be the strongest sector going forward, with medical manufacturing returning to the United States and warehouse uses increasing due to the demand for online shopping. “However,” he says, “in the retail and hospitality markets there are serious concerns. With respect to non-grocery-anchored retail properties, there are questions about the viability of existing projects.” Many retail shoppers have moved almost exclusively to online shopping, which makes for an uncertain future of brick-and-mortar retail real estate, he explains, noting he has seen a number of retail developers start to pivot toward industrial development. For properties in the hospitality sector, Sarhangian observes that some recreational travel seems to have returned but business travel has still been very slow. “It seems like there is optimism in the market that some business travel will start to return after a vaccine, but many think convention travel will be limited for a few years to come,” he says. The office markets are still uncertain. As discussed above, many office users are still trying to get a better understanding of what office life looks like post-COVID and are, therefore, hesitant to enter into long-term leases. Real estate may be buffeted by a new force other than COVID. Sarhangian points out, “Prop 208 has the potential to slow down business migration to Arizona. Arizona had positioned itself very well nationally to recruit companies exiting high tax states like California. If business migration slows in Arizona it has the potential to impact all real estate classes.
Tax Law and Finance Now that a new round of stimulus benefits has been passed, Shill — whose focus at Jennings, Strouss & Salmon includes tax and estate planning, business transactions and regulatory compliance — cautions businesses to be current on which benefits are expiring, which continue, and which are still available. “The good news,” says Frutkin, “is that the December stimulus bill eliminated the need to pay taxes on the PPP funds given by the government and allowed businesses to deduct the PPP expenses.” He notes, further, that additional loans are now available under the PPP Round 2 program, plus additional grants and other opportunities for certain businesses, including operators of theater and musical venues that have been, essentially, shut down for almost a year. However, Shill cautions that sometimes, there is uncertainty has to how the benefits
continue. “For example, it appears that employers may be able to voluntarily continue paid leave benefits enacted by the Families First Coronavirus Response Act and receive related tax credits through March 31, 2021. However, current guidance is minimal about how employers can implement the statute, which contains references to hypothetical applications of now-expired provisions of the FFCRA.” An additional issue Shill points to is, it appears there is a perception that many businesses that received PPP loans under the first stimulus package may have satisfied technical requirements but may be perceived as not being the intended recipients. “Whether or not true, we believe that the government will begin to review loans in connection with forgiveness applications, and we expect an increasing focus on enforcement. Borrowers should seek appropriate guidance
“Employers and business owners will be looking at whether they can renegotiate lease agreements to shrink their physical footprint.” —Courtney Beller
from attorneys, accountants and bankers concerning the requirements for loans and loan forgiveness, as well as the implication of the representations they make on application documents, as issues that arise with these transactions and documents can be the basis for liability under several federal statutes, including, but not limited to, the federal False Claims Act.” Looking a little further ahead, Shill says, “It is important for all businesses to know that eventually, the government is likely to require funding to restore COVID-19 related expenditures to the federal fisc. Thus, it is likely that we will see tax increases in the future to pay for the benefits currently offered.” He suggests businesses and their advisors start planning for the future operational and financial conditions — including the potential of future increases in income tax rates, unemployment tax rates, etc. — as soon as possible. This cautionary view is also expressed by Frutkin, who notes the biggest concern is the unknown. Regarding COVID, he says, “A host of government programs helped. But now, with a change in administration, there is always fear that tax increases and regulatory changes will appear over the next year or two.” Shill believes employers have a responsibility to also consider the impact of the current situation on employees. Many of the provisions of the CARES Act and the new stimulus legislation focus on allowing employees to withdraw early benefits from retirement plans, which means, Shill notes, the employee base as a whole may have less of a “nest egg” than before the pandemic. “Businesses will need to consider the possible impact of having employees delay retirement and working with less financial security than before,” he says.
Intellectual Property And then we come to the realm of intellectual property, where one might naturally have expected the tremendous activity that has, in fact, occurred. “There is a surge of products and services on the market to help track, monitor and manage levels of risk related to COVID and other contagion exposure, most of which surround the collection of certain data points. The result is a proliferation of data that businesses would not have otherwise had – geolocation data, temperature data, et cetera,” says Heather Buchta, a partner at Quarles & Brady who chairs the Intellectual Property Group in the Phoenix office and is a member of the firm’s Data Privacy and Security industry team. This increases pressure on businesses to deal with licenses and contracts for the acquisition of these products and services, along with the business and legal risk that comes with such tools, such as risk of IP infringement, and the collection and use of the data itself, which increases data privacy and security risk.
“Prepare, prepare, prepare. … Know your vendors and know where your data is going. As regulation increases, the more you have a strong data privacy and security roadmap from which to build, the better off you will be.” —Heather Buchta
“We are likely to continue to see a rise in data privacy and security laws and regulations around the country,” Buchta says, observing that state legislatures had already been concerned about data privacy and security, and that was likely to be heightened as more consumer data is being collected — especially around sensitive information such as infection status, vaccination status and geolocation for contact tracing. “The form that regulation may take, whether through general privacy legislation such as California’s or more target legislation like Illinois’ BIPA, remains to be seen,” she says. The pandemic hasn’t changed the fact that businesses are concerned with protecting trade secrets, confidential information and other sensitive intellectual property from individuals or groups involved in corporate espionage, hackers and other threat actors. But Daniel R. Pote, of Jennings, Strouss & Salmon, believes this challenge has been exacerbated by COVID-19. “Information security experts emphasize the need to reduce the overall ‘attack surface’ of a business — meaning the sum of all points where an unauthorized user may exploit a vulnerability in the business’s network.” Observing that, in this remote work age, the attack surface necessarily increases in size due to the increased use of home computers that exist outside the company network as well as the use of remote desktop software and collaboration tools such as Zoom, Skype and Google Meet, Pote notes, “This has
led to a dramatic increase in attacks, particularly COVID-19-related phishing attempts targeting work-from-home users.” These changes mean that data security is going to continue to be a paramount issue in 2021, cautions Buchta. In fact, the more data a company has and maintains, the more vulnerable it is to data incidents — exploitations of vulnerabilities that lead to unauthorized exfiltration, acquisition, modification, use, et cetera of that consumer data. “One thing that businesses in particular should be sensitive to,” says Buchta, “is to carefully balance the risk of some of these new tools mentioned above with the data security risk presented by these tools. You may not want the goal of ‘perfect’ security to stand in the way of employee or customer health that can be boosted with these tools, but you also don’t want to forego all security analysis in the rush to get some of these new tools in place.” Paraphrasing the Realtors’ mantra, Buchta says that to deal with the changes, businesses should “Prepare, prepare, prepare.” Specifically, she cautions, “Know your vendors and know where your data is going. As regulation increases, the more you have a strong data privacy and security roadmap from which to build, the better off you will be.” Another broad area of IP concerns is protecting patentable subject matter, trademarks and copyrightable works through appropriate United States Patent and Trademark Office (USPTO) procedures, some of which have changed during the COVID-19 pandemic. Pote points out that, with respect to innovation incentives, the USPTO has introduced a number of pilot programs aimed at allowing applicants to contribute to the fight against COVID-19 while also protecting their patent rights. “In general, these programs are aimed at products or processes that, if implemented, would be subject to FDA approval for use in the prevention and/or treatment of COVID-19,” he explains, “though it is not necessary for the applicant to apply for such approval prior to applying for these programs. “Most notably,” he continues, “the COVID-19 Prioritized Examination Pilot Program shortens the timeline to acquire patent protection of COVID19-related inventions for small businesses and independent inventors.” In essence, this program allows a patent applicant to request prioritized examination without requiring payment of a standard fee ($2,100 – $4,200), with aim of a final
disposition of the patent application within a year. “This pilot program will last until 500 requests are granted, and at the time of this writing [in early January], 444 applications have been filed and only 266 have been granted.” Similarly, under the deferred-fee provisional patent application pilot program, patent applicants may defer payment of provisional application filing fees until the filing of a corresponding, non-provisional application. In such cases, Pote explains, the applicant must agree that the subject matter in the application will be available on the USPTO website. “Note, however, that the USPTO fees for filing a provisional patent application are already quite low (approximately $150-$300), so the value of this program remains to be seen,” Pote says.
Two other USPTO programs Pote mentions are a Patent Pro Bono Program for independent inventors and small businesses, and a “Patents 4 Partnerships” initiative that brings together those who have technologies and want to make them available for licensing and those who have an interest in commercializing those technologies. Plus, he says, “The USPTO has also instituted a COVID-19 prioritization program for certain trademark applications, and is accepting petitions to advance examination of applications for marks used to identify qualifying COVID-19related trademark applications that describe certain medical products and services.” More information about these and related USPTO programs can be found at the USPTO COVID-19 Response Resource Center.
Bankruptcy and Restructuring From an exclusively economic perspective, Peter Riggs and Kris Dekker, whose focus at Spencer Fane is the firm’s financial services practice, believe the most significant story of 2020 was the degree to which federal stimulus was able to significantly mitigate the impact the pandemic had on the economy. “Once it became clear that COVID-19 was spreading rapidly in the United States and restrictions on person-to-person contact would be required, analysts predicted waves of commercial bankruptcies across numerous industries,” they relate. “Ultimately, however, while it was an active year for commercial bankruptcies,
the volume of filings was substantially less than predicted, predominately because of government stimulus, in the form of PPP and other loans, stimulus payments, and expanded unemployment benefits that helped maintain consumer spending and prevent even greater job losses.” Riggs, Dekker, and Lewis Roca Rothgerber Christie’s Rob Charles give us a greater handle on bankruptcies, business restructuring, tools and strategies available to businesses as well as a sector-by-sector economic picture in the online version of this cover story, at www.inbusinessPHX.com.
Contracts and Business Transactions Stephanie A. Fierro, a partner at Jaburg Wilk whose practice focuses primarily in the fields of estate planning, probate and business
law, concedes this is a difficult time to plan. “Successful contracts and business transactions are usually based on a certain amount of
predictability.” This helps reduce the risk that is inherent in entering into a new agreement. But right now, she says, the only thing predictable is that nothing is predictable. “Even the most well-established businesses have had to pivot, and their tried-and-true business models went out the window. Consequently, business owners are not as comfortable entering into long-term contracts. And business owners who were perfectly positioned to sell early last year saw the bottom fall out from under them as the lack of predictability tanked the value of their businesses. “Nevertheless, all hope is not lost. There are still things business owners can do,” Fierro says. Fierro’s full discussion of this topic is in the online version of this cover story, at inbusinessPHX.com.
At least not today. Stay focused, identify your weaknesses, and deal with them as appropriate. Don’t relegate things to the backburner and don’t let the pandemic make you lazy or put things off,” says Jaburg Wilk’s Pérez. He advises staying up to date and remaining flexible and open to change as the avenue to success. He suggests employers also keep in mind the importance of their omnipresent audience of public opinion. “In today’s world of social media and the current ‘cancel culture,’ any misstep could result in substantial loss and massive ill will,” Pérez says. He optimistically concludes, “Employers should strive to do the right thing while balancing the importance of employee morale. If you can manage to do that and stay up to date, you will be just fine.” Coppersmith Brockelman, PLC cblawyers.com
Moving Forward “It’s impossible to know everything there is to know. Realize that and surround yourselves with support. Employers should partner with employment counsel, consultants, appoint task
forces and create positions as necessary to deal with the constant changes and to maneuver the sea of challenges so they can stay afloat. If anything is certain it’s that nothing is certain.
Fennemore Craig, PC fclaw.com Jaburg Wilk jaburgwilk.com Jennings, Strouss & Salmon, PLC jsslaw.com Law Office of Joshua Black, PLC azemploymentlawyer.com Lewis Roca Rothgerber Christie LLP lrrc.com Quarles & Brady LLP quarles.com Radix Law radixlaw.com Snell & Wilmer swlaw.com Spencer Fane LLP spencerfane.com
Caring Is Back Equality Health is giving doctors more time to be doctors, so they can provide the personalized care you deserve. Ask if your doctor is part of the Equality Health network today.
Meet Uncertain Times with Confidence. Quarles & Brady understands your COVID -19 business issues and provides advice and solutions to your challenges.
VISIT OUR COVID-19 MICROSITE AT WWW.QUARLES.COM for current information on how legislation and announcements resulting from the pandemic impact your employees and business operations. FOR INFORMATION, PLEASE CONTACT Leonardo Loo, Phoenix Office Managing Partner, at 602.229.5638 or firstname.lastname@example.org.
PACKAGED TO IMPRESS
2021 Marketing Trends Foster Meaningful Connections in a Digital World And respond to changes in how customers consume information by Andrea Aker
There’s little argument that adaptability is critical for a business’s survival today. Even with hope on the horizon, 2020 taught us to expect the unexpected. Businesses must continue to ride waves of uncertainty and evolving consumer sentiment throughout this year to deliver value, support their people and churn a profit. And while accustomed to life during a pandemic, many businesses are still grappling with effective and appropriate channels to market their products and services. Two things are clear in this climate: (1) people are seeking more meaningful connections following a year of upheaval, and (2) companies must rely on digital tactics and communication channels to spread word about their businesses. In some sense, these realities seem to conflict with one another. How can one develop meaningful connections with impersonal technologies? It’s a question many businesses in both the B2B and B2C sectors are struggling with, as a successful approach is far from one-size-fits-all.
REVISITING AN AUDIENCE’S POSITION AND PAIN POINTS Andrea Aker is CEO and president of Aker Ink, a full-service PR and marketing firm that helps companies increase brand awareness, enhance thought leadership and generate leads. The agency works with businesses of all sizes, from startups through large, multinational enterprises, guiding them through complex communication challenges and opportunities to achieve business development goals. akerink.com
Personally and professionally, few people have the same life experience as they did one year ago, weeks shy from the World Health Organization declaring the COVID-19 pandemic. Then, a busy rush-hour commute led executives to a packed board room to determine next steps in their tradeshow strategy. Today, sitting at their kitchen tables with a laptop and webcam, those same executives are reevaluating their resurgence with physical distancing and safety top-of-mind. Even if a company’s offerings haven’t changed, it’s likely their customers’ needs and wants have. New marketing strategies start with a refreshed look at this customer in 2021 — what motivates them? What are they missing? How can the company fill a current gap? How will a recovery impact their daily lives? Moreover, a customer’s needs and wants represent one side of the coin. The other side is focused on how today’s customer consumes information. As people crave more interaction in the coming months, businesses need to monitor changes in sentiment, communication habits and digital trends. For instance, how are clicks and opens evolving in email communications? What are people attracted to? What are the primary referral sources of web traffic? Has a LinkedIn
messaging strategy proved effective at generating leads? Be ready to roll with the punches.
WEBSITE USER EXPERIENCE IS FOUNDATIONAL TO MARKETING SUCCESS
Pre-pandemic, a company’s website served as a 24/7 storefront and invaluable resource. Today, the state of a website and user experience can literally make or break a company. Simply having a website isn’t enough. Websites must be optimized to attract the right traffic, resonate with specific audiences and create meaningful connections with words, images, video, user flow and interactivity. This isn’t a surprise to any company with an e-commerce component. Nielsen highlights how the pandemic has democratized e-commerce for all types of consumers, noting that more than 18 million consumer goods buyers flooded the U.S. market between March and December last year. Further, omnichannel shopping (e.g., shopping online and offline at the same retailer) increased 50% in 2020, with nearly half leading to e-commerce purchases. Companies that invested in their online shop’s customer experience, revisited their automation strategy and refocused social and digital advertising opportunities likely yielded the greatest results throughout the pandemic. They learned to not only attract the right prospects, but also to relate to their customers’ pain points and develop a connection that fosters loyalty. “We’re in it together” has been a common, relatable theme. Beyond e-commerce, the same principles still apply. A company’s website, hands down, is the greatest reflection of its capabilities and expertise, serving as the home base for all digital engagement. The buyer journey across industries starts online — and, whether you like it or not, people judge a book by its cover. The B2B space has been revolutionized as much as consumer retail. According to Forrester, more than one-third of B2B technology buyers say digital engagement channels (such as vendor websites) have become more important in their buying journeys, while around four in 10 indicate human engagement with sellers has become less important. In fact,
According to Forrester, more than one-third of B2B technology buyers say digital engagement channels (such as vendor websites) have become more important in their buying journeys, while around four in 10 indicate human engagement with sellers has become less important.
STRATEGIES FOR WORKING REMOTELY Forrester predicts a third of B2B technology buyers will rate chatbots as a top10 engagement channel in 2021. Another sign of what’s to come: Forrester also predicts more than 60% of B2B sellers will be enabled by AI or automation. Businesses with outdated websites simply won’t be able to keep up with peers investing in a new digital experience. Technological advances, such as chatbots and virtual assistant technologies, coupled with personalization, help foster meaningful connections by replicating the experience one would have in person, yet in a more convenient manner on the customer’s own timetable. Not quite ready for AI? That’s OK, but chances are the business could benefit from refreshed messaging, positioning, email automation and a search engine optimization strategy to help people find the company through daily Google searches. To keep visitors from going elsewhere, websites of all types need a new look in 2021.
PUTTING THE SOCIAL IN SOCIAL MEDIA
For better or worse, people have increasingly been glued to their mobile devices throughout the pandemic. In the months following the outbreak, Global WebIndex found social media users worldwide were spending an average of two hours and 24 minutes per day multi-networking across an average of eight social networks and messaging apps. This presents businesses with opportunities, yet it can also pose a threat at the same time if social networks are used inappropriately, alienate prospects or simply annoy followers. Scheduling a slew of sales-oriented content and calling it a day isn’t a social media strategy. There’s certainly a time and place to boldly sell a product, but what are social users really looking for? They are scrolling their feeds for meaningful engagement, entertainment and education; basically, someone who “gets them.” They want to interact with brands and learn something new. The connection businesses are missing in person can be nurtured via social media. They should seek to interact with customers and prospects on their feeds, use technology to “listen” to their customers’ wants and needs and find creative ways to relate to followers through compelling imagery, videos and messaging. Brands embracing storytelling will be able to grow their networks further and faster than companies solely focused on sales. With that said, there is a time and place to sell, especially if the product or service is positioned to fill a gap in the current market and/or embraces authenticity in the brand voice. Social advertising enables companies to finely tune and personalize their targeting, helping to ensure the right people see the ads at the right times. Throughout 2021, expect to see increased use of video advertisements. People want to see and interact with a product or concept before making a buying decision.
Making Great Strategy Making strategy requires undertaking major — often irreversible — decisions aimed at long-term success in an uncertain future. All leaders must formulate a clear course of action, yet many lack confidence in their ability to think systematically about their strategy. They struggle to apply to their unique contexts the abstract lessons offered by conventional approaches to strategic analysis. Making Great Strategy resolves these challenges with a straightforward, readily applicable framework. Jesper B. Sørensen and Glenn R. Carroll show that one factor underlies all sustainably successful strategies: a logically coherent argument that connects resources, capabilities, and environmental conditions to desired outcomes. Making Great Strategy: Arguing for Organizational Advantage Jesper B. Sørensen and Glenn R. Carroll
Columbia Business School Publishing
Digital Makeover Digital Makeover (How L’Oréal Put People First to Build a Beauty Tech Powerhouse) examines L’Oreal’s successful people-driven digital transformation. Professors and authors Beatrice Collin and Marie Taillard set out exactly how L’Oréal turned itself into a digital and tech powerhouse by building on its legacy to reimagine relationships inside the company, and with its customers and partners. Digital Makeover is perfect for anyone interested in business strategy, marketing or digital transformation, as well as businesspeople and leaders from inside and outside the beauty industry, and belongs on the shelves of anyone with an interest in organizational transformation, management, leadership and digital strategies. Digital Makeover (How L’Oréal Put People First to Build a Beauty Tech Powerhouse) Béatrice Collin and Marie Taillard Wiley
224 pages Available 2/24/2021
Integrated Tactical Planning Integrated tactical planning is an essential process for regularly re-aligning product, demand and supply plans in the short term, thereby giving the executive team the confidence that operational activities are being well managed unless they formally hear otherwise. This cross-functional re-
OH, THE PLACES YOU’LL GO
A sense of “normalcy” is slowly vacating the business lexicon, as what was normal a year ago is unlikely to be normal again, at least in the foreseeable future. Businesses must face the present reality and invest further in digital engagement strategies, even if in-person interaction is necessary at some point in the business development cycle. The good news is that 2021 has a new theme: hope. There is ample opportunity to build a business and connect with new customers, even if the platform or mode has changed. Digital and social technologies can be used to replicate human connection and amplify it, often through humor, empathy and kinship. A 2021 recipe for success: Revisit the audience’s needs and pain points. Adapt product or service positioning. Upgrade the company’s website to better cater to today’s customer and invest in digital engagement strategies that help foster meaningful connections.
On shelves and Online
planning process is vital to responding to change, increasing competitiveness and reducing costs. This book helps senior executives devote more time to strategy and other valueadded activities by deploying ITP practices throughout their organization. Written by the leadership team at Oliver Wight, one of the world’s most respected firms for effectively integrating business processes and improving business outcomes, this authoritative resource offers a contemporary view of the processes, behavior change methods, and new technology for implementing ITP processes, and includes real-life examples of how ITP has been applied in various industries and businesses. Integrated Tactical Planning: Respond to Change, Increase Competitiveness, and Reduce Costs Rod Hozack, Stuart Harman, Todd Ferguson and Dawn Howarth
In the months following the coronavirus outbreak, Global WebIndex found social media users worldwide were spending an average of two hours and 24 minutes per day multi-networking across an average of eight social networks and messaging apps.
Edgar Rafael Olivo es educador empresarial bilingüe, experto en economía y colaborador de varios medios de comunicación. Es director de varias organizaciones sin fines de lucro y le apasiona la educación. Está certificado en finanzas y análisis de datos y tiene un título en negocios de la Universidad Estatal de Arizona.
Edgar Rafael Olivo is a bilingual business educator, economic advisor and contributor for several media outlets. He’s a nonprofit executive who is passionate about education. He is certified in finance and data analytics and holds a business degree from Arizona State University.
ECONOMIA / ECONOMY
PARA EDGAR R. OLIVO
¿Serás negocio verde en 2021?
5 formas de ayudar a transformar su negocio y lograr sus objetivos de sostenibilidad Como propietario de una pequeña empresa, puede pensar que volverse ecológico en su negocio requerirá un gran impulso y requerirá que realice inversiones costosas, pero transformarse en un negocio sostenible no tiene por qué ser aterrador. El impacto ambiental de su pequeña empresa es muy importante, especialmente con todos los problemas ambientales que enfrentamos año tras año como resultado del cambio climático. Nuestra productividad económica a escala global puede haber sido frenada por la pandemia de COVID-19, y dado que todo el mundo consume, consumidores por igual tienen un papel muy importante que desempeñar para lograr un progreso sostenible. Stephanie Bermudez, fundadora de Startup Unidos, un programa de incubadoras en el sur de Arizona que ayuda a los jóvenes emprendedores a innovar en sostenibilidad dice: “Creo que COVID-19 nos ha dado una muestra de lo que nos espera en lo que respecta a algunos de los detrimentos y problemas graves (epidemias) que enfrentamos en el día a día.” Si las pequeñas empresas adoptan un enfoque activo, la ecología puede tener un gran impacto de muchas maneras, especialmente con sus clientes. Una encuesta de los consumidores estadounidenses descubrió que casi la mitad cambiaría sus hábitos de compra para reducir su impacto personal percibido en nuestro ecosistema global. Los consumidores encuestados pertenecen a una audiencia estadounidense que consumió un valor estimado de $128.5 mil millones en productos de marca sostenible en 2018. A la mayoría de nosotros se nos ha enseñado a reciclar,
reutilizar y reducir, pero ¿cómo se mide su propio impacto? Para pensar como un negocio ecológico, comience por monitorear tres áreas clave en su negocio: personas, ganancias y planeta. Personas se refiere al impacto de sus clientes, trabajadores, usted y la comunidad. La ganancia se refiere al impacto en sus resultados finales, sus costos, ahorros y ganancias. Finalmente, planeta se refiere a su consumo de energía, uso de agua, prácticas de desperdicio y desarrollo de alimentos. Pensar en estos términos puede ayudarlo a pasar de conocer las prácticas sostenibles a realizarlas mientras mejora su competitividad en el mercado. A continuación, le presento cinco formas en las que su pequeña empresa puede marcar una diferencia significativa en el nuevo año para lograr sus objetivos de sostenibilidad y transformarse en una empresa más limpia y ecológica. 1. Recicle sus viejos dispositivos electrónicos. ¿Qué está haciendo con su vieja tecnología? Mantener sus dispositivos y equipos antiguos fuera del vertedero es una excelente manera de ayudar al medio ambiente y beneficiar a los necesitados. Si planea reemplazarlos, piense en donar los viejos dispositivos a escuelas u organizaciones benéficas en su área. Algunos fabricantes ofrecen programas para intercambiar productos electrónicos usados por dinero en efectivo y reciclar sus dispositivos más antiguos que no se pueden reutilizar. 2. Elija usar envases biodegradables y reemplace los cubiertos de un solo uso. Los productos de uso diario de
Las Naciones Unidas proyectan una reducción del PIB global del 15% a medida que aumentan las temperaturas. Esto representa aproximadamente $9 trillones en pérdidas económicas y 1.2 mil millones de empleos amenazados por el calentamiento global. Las pequeñas empresas pueden marcar la diferencia al adoptar prácticas ecológicas.
un solo uso que se encuentran en la cocina son extremadamente dañinos para el medio ambiente. Considere usar cubiertos y platos lavables como frascos viejos, latas grandes y recipientes rellenables. Cuando se trata de envases, considere la posibilidad de adquirir productos de fabricantes biodegradables siempre que pueda. Hay opciones más asequibles que están disponibles para los propietarios de pequeñas empresas todos los días. 3. Capacite a sus empleados en prácticas ecológicas. Un popular proverbio chino dice: “El aprendizaje es un tesoro que seguirá a su dueño a todas partes”. Invierta en cursos de negocios ecológicos; hoy en día hay muchas opciones disponibles sin costo haciendo una simple búsqueda en Internet. Haga que el aprendizaje de las prácticas ecológicas sea una prioridad en el nuevo año. 4. Reduzca su consumo de agua. Está ampliamente investigado y aceptado que la última década ha sido una de las más secas registradas en el oeste de América del Norte; muchas ciudades han promulgado reglas estrictas sobre el agua para las pequeñas empresas y los hogares. Repare los grifos que gotean y las fugas de las tuberías, instale inodoros de bajo flujo, cambie a diseños de jardines tolerantes a la sequía o use una lavadora a presión de alta eficiencia para sus trabajos de limpieza. 5. Reemplace su vieja tecnología por eficiencia energética. ¿Sabía que aproximadamente el 40 por ciento de la energía del país se utiliza para iluminación, calefacción, refrigeración y uso de electrodomésticos? Apague los dispositivos electrónicos que no esté usando y considere usar sistemas en la nube para almacenar sus datos. Encuentre electrodomésticos y bombillas con estándares de eficiencia y sellos energéticos certificados como Energy Star. Asegúrese de elaborar su plan de sostenibilidad para medir su uso de energía, sus gastos de energía, cómo impacta sus ganancias y quién es responsable de hacerlo. Establezca puntos de referencia para su equipo y deje que sus clientes sepan lo que está haciendo. Si necesita apoyo adicional para transformar su negocio, intente asociarse con grupos ambientalistas en organizaciones gubernamentales y comunitarias. Las empresas de servicios públicos suelen tener consultores de sostenibilidad que pueden ayudarlo a realizar auditorías energéticas para su pequeña empresa. Actuando ahora, el planeta se lo agradecerá más tarde.
BY EDGAR R. OLIVO
Going Green in 2021?
5 Ways to Help Transform Your Small Business & Achieve Your Sustainability Goals As a small-business owner, you may think that going green in your business will require a huge lift and require you to make expensive investments, but transforming to a sustainable business does not need to be scary. The environmental impact of your small business is very important, especially with all the environmental problems we face year after year as a result of climate change. Our economic productivity on a global scale may have been curbed by the COVID-19 pandemic, and since everyone consumes, consumers alike have a huge role to play in achieving sustainable progress.
Stephanie Bermudez, founder of Startup Unidos, an incubator program in Southern Arizona that helps young entrepreneurs innovate in sustainability, says, “I think that COVID-19 has shown us a sample of what is ahead when it comes to some of the detriment and serious issues (epidemics) that we are facing day to day.” By small businesses taking an active approach, going green can make a big impact in many ways, especially with your customers. A poll of U.S. consumers found nearly half would shift their buying habits to reduce their perceived personal impact on our global ecosystem. The surveyed consumers belong to an American audience that consumed an estimated $128.5 billion worth of sustainably branded products in 2018. Most of us have been taught to recycle, reuse and reduce, but how do you measure your own impact? To think like a green business, you start by monitoring three key areas in your business — people, profit and planet. People refers to the impact of your customers, workers, self and community. Profit refers to the impact to your bottom line, your costs, savings and profit. Finally, planet refers to your energy consumption, water usage, waste practices and food development. Thinking in these terms can help you go from knowing about sustainable practices to doing them while enhancing your competitiveness in the market. Here are five ways your small business can make a significant difference in the new year to achieve your sustainability goals and transform to a cleaner, greener business. 1. Recycle your old electronic gadgets. What are you doing with your old technology? Keeping your old devices and equipment out of the landfill is a great way to help the environment and benefit those in need. If you are planning to replace them, think about donating the old
gadgets to schools or charities in your area. Some manufacturers offer programs for trading in used electronics for cash and recycling your older devices that cannot be reused. 2. Choose to use biodegradable packaging and replace single-use silverware. Singleuse, everyday products found in the kitchen are extremely harmful to the environment. Consider using washable silverware and dishes like old jars, large tins and refillable containers. When it comes to packaging, consider sourcing from biodegradable manufacturers whenever you can. There are more affordable options becoming available for small-business owners every day. 3. Train your employees on green practices. A popular Chinese proverb says, “Learning is a treasure that will follow its owner everywhere.” Invest in green business courses, today; there are many options available at no cost by doing a simple internet search. Make learning about green practices a priority in the new year. 4. Reduce your water usage. It is widely researched and accepted that the past decade has been one of the driest on record in western North America, and many cities have enacted strict water rules for small businesses and households. Fix your dripping taps and plumbing leaks, install lowflow toilets, move to drought-tolerant landscape designs, or use a high-efficiency pressure washer for your cleaning jobs. 5. Replace your old technology for energy efficiency. Did you know that about 40% of the country’s energy is used for lighting, heating, cooling and appliance use? Turn off the electronics you are not using and consider using cloud systems to store your data. Find appliances and light bulbs with energy efficiency standards and certified energy seals like Energy Star. Make sure you build your sustainability plan to measure your energy use, your energy expenses, how it impacts your profits and who is responsible for getting it done. Set benchmarks for your team and let your customers know what you are doing. If you need additional support transforming your business, try partnering with environmental groups in government and community organizations. Utility companies typically have sustainability consultants who can help you conduct energy audits for your small business. By you acting now, the planet will thank you later.
The United Nations projects a global GDP reduction of 15% as temperatures rise. This represents approximately $9 trillion economic loss and 1.2 billion jobs threatened by global warming. Small businesses are uniquely positioned to make a big difference by adopting greener practices.
DEVELOPING & GROWING BUSINESS DYNAMICS
Facing the Biggest Issues of Business Capital Funding Right Now It’s easy to blame lenders for issues such as difficulties in accessing capital, but smallbusiness owners often contribute to some of the issues by Nina Sharpe
COVID-19 has exacerbated the funding problems businesses face, highlighting the need for change. The disruptions that 2020 brought left most small businesses reeling. Owners and would-be entrepreneurs found themselves faced with various issues regarding business capital funding, and although it’s tempting to lay the blame solely at lenders’ feet, that would be unfair. Small businesses have also played a role in creating a situation that’s less than ideal. According to Nav co-founder and executive chairperson of the board Levi King, there are two big issues in business capital funding — and they need addressing. One issue is financial institutions not being technologically savvy; the other is small business owners not having sufficient cash on hand.
FINANCIAL INSTITUTIONS DON’T KNOW TECH
With more than seven years of experience in bookkeeping, Nina Sharpe leverages her professional background and passion for writing as a content champion for various outlets — most notably contributing to accounting software powerhouse FreshBooks. Sharpe often covers business and financial topics with a strong focus on startups, small businesses and sole proprietors.
One of the most glaring examples of financial institutions’ lack of current technology and the know-how to use it effectively was the U.S. Small Business Administration’s processing of Paycheck Protection Program applications. Although King acknowledged that the SBA processed more loan applications in three months than it ever could previously have done over a few years, he explained that the administration’s technological infrastructure buckled under the volume of applications. The SBA and an alarming number of traditional financial institutions use processes and computer systems that direly need updating. Those elements are too outdated to handle the demands that come with a financial crisis. The number of politicians, officials, public servants and bankers who are ignorant of the workings of Fintech companies also heighten this issue. Many of those individuals also don’t understand why using technology to simplify and speed up the loan application process could be good for small businesses.
INSUFFICIENT CASH ON HAND
According to a 2016 JPMorgan Chase Institute report, the median small business has a reserve of 27 cash buffer days. That’s enough cash to cover basic operating costs for less than one full billing cycle. For small businesses in that situation or similar, borrowed capital is a lifeline that ought to be relatively quick and easy to access. However, according to King, insufficient cash on hand is not the only issue when it comes to small businesses. He explains that the bookkeeping and accounting processes many utilize don’t do them any favors. Instead, their financial records make it even more difficult for them to apply for loans successfully. This became evident when some small businesses were denied PPP funds due to issues with their financial records.
Many small-business owners run things in such a way that, on paper, cash and revenue appear minimal. This is all a bid to decrease the amount of tax they should be paying. This can hinder their ability to apply for loans successfully. The practice makes it difficult for lenders to make a wise decision regarding the business’s ability to pay back the loan. A loan application usually gets declined if a business’s financial records make it look like it cannot service debt by making periodic payments. According to King, small businesses should aim for five times the cash flow needed in order to make a monthly payment.
RESPONDING TO THE ISSUES
Although the situation can sometimes appear dismal, it’s not insurmountable. King suggests several ways that lenders and borrowers can respond to the biggest issues of business capital funding. Traditional institutions can meet small business’s needs better by updating their technology in one of a few ways. One is a partnership with a Fintech provider that can help improve process efficiency and streamline customer experience. Another is to purchase reliable technology and integrate it with the institution’s existing technology. There’s also the option to invest in the building of in-house systems and technical financial platforms. Small-business owners can play a role in overcoming some of these issues by improving their knowledge and skills around the financial side of business ownership and management. They should educate themselves not only on personal and business credit profile interactions, but on the factors that lenders take into consideration in terms of loan applications as well. The current model for the SBA, traditional financial institutions and the owners of many small businesses is not sustainable. It’s clear that things must change, and that can happen only after facing the biggest issues.
One reason it’s important to face the biggest business capital funding issues is the average small business has a reserve for 27 cash buffer days; it’s recommended they have at least 50% of revenue for six months to face a major financial crisis.
LAW MATTERS TO BUSINESS
Business Noncompetes Should my business have one? by Nancy R. Giles
The year 2020 has changed the way we do business forever. From working at home to layoffs to total closures, 2020 has shaped the way businesses will operate moving forward. As a result, laid-off workers and struggling entrepreneurs have found creative ways to maintain their income and forge new paths. In 2014, freelancers made up 17% of the workforce. As of 2020, that number has more than doubled to 36%. Businesses must navigate meeting the challenge of the times by being flexible with their employees, utilizing freelancers effectively and, at the same time, protecting their business’s assets. Noncompetes, or restrictive covenants, are useful tools in this regard if a business understands how to use them effectively. A true noncompete is an agreement by an employee to not compete with his or her employer after the employment ends. Typically, a noncompete prohibits a former employee from participating in a similar line of business as the employer’s, for the specified time period. Arizona allows noncompetes but they are disfavored by the courts, where they are strictly analyzed for enforceability. The more restrictive the agreement (and, thus, the more protections being reserved by the employer), the less likely the agreement is to be enforced under the law. The law does not look favorably upon restrictions on employees’ right to work, so, while reducing turnover may be an ancillary benefit to utilizing noncompetes, merely retaining employees — especially lower-level employees, such as service workers — is not generally recognized as a legitimate purpose for a noncompete under the law. A non-solicitation agreement is aimed more narrowly at merely prohibiting an employee from soliciting the employer’s customers and/or the employer’s employees. In contrast to a noncompete, a non-solicitation agreement allows an employee to immediately begin competing with the former employer. The employee simply must refrain from soliciting the group of people specified in the agreement — usually the former employee’s clients and/or workforce — for the specified amount of time. Because a non-solicitation agreement is less restrictive, it is also generally easier to enforce. As with noncompetes, however, the likelihood of being able to enforce it is increased by narrowing the agreement as much as possible, such as by limiting the length of time it is in effect and limiting the number or category of clients to which it applies. Non-solicitation agreements are often combined with, or even replaced by, nondisclosure agreements (NDAs), which generally restrict an employee from sharing or using an employer’s confidential information. Businesses can include certain terms to make their noncompetes more effective and more likely to be enforceable. First, a business greatly increases the likelihood that a noncompete will be legally enforceable by including time and geographic limitations that are as narrow as reasonably
possible. For example, restricting a former employee from competing within a 10-mile radius for six months is more likely to be enforced than restricting a former employee from competing anywhere in the state for a year. Next, a business should specify the effective date and term of the agreement. In other words, specify when the terms of the agreement go into effect, and for how long the restrictions are to remain in place. A business is generally benefitted by including a reason the restriction is necessary. A noncompete is invalid unless it exists to protect an employer’s legitimate interests beyond simply avoiding fair competition. A “legitimate” interest is generally something like preventing a former employee from utilizing information or relationships that are unique to the employer in the marketplace. An employer should specify what the employee is getting in return for signing the agreement, also known as consideration or quid pro quo. A noncompete is not valid unless the noncompete is part of a larger employment contract (and, thus, what the employee is getting is their employment), or the employer gives the employee something in return for signing the noncompete. To increase the chances of enforceability, businesses should include a severance clause in noncompetes, stating that if a certain portion of the noncompete is found unenforceable, the remainder of the agreement will still be upheld. In the same vein, employers can go further to include a step-down provision, which may allow a court to narrow an overly broad noncompete so as to make it enforceable. Businesses should strongly consider having a lawyer review their agreements, including noncompetes, non-solicitation agreements and NDAs. In the event a former employee breaches a noncompete, putting a business at risk, hiring litigation counsel to get ahead of the problem is advisable.
The law does not look favorably upon restrictions on employees’ right to work, so, while reducing turnover may be an ancillary benefit to utilizing noncompetes, merely retaining employees — especially lower-level employees, such as service workers — is not generally recognized as a legitimate purpose for a noncompete under the law.
Nancy R. Giles is the managing partner at Giles Law, PLLC. The firm’s mission is to support, advise and represent businesses facing legal issues and conflicts. Giles considers herself a member of her firm’s clients’ teams, staying in close contact with them to keep their goals and strategies in focus. Equipped with more than 20 years of experience in commercial litigation, Giles and her team use inventive and efficient strategies to create exceptional results. gileslegal.com
BUSINESS GIVES BACK
Delta Dental: Brightening Smiles and Communities And, in the process, educating about oral health
February is National Children’s Dental Health Month. Delta Dental and the Children’s Museum of Phoenix are offering a special slate of events all month. childrensmuseum ofphoenix.org/events
Tyler Butler (“Tyler Butler | Giving in Style”), founder and CEO of 11Eleven Consulting, is a corporate social responsibility practitioner and expert leader in the corporate citizenship space. She has served on numerous national and local boards and is often cited as a subject matter expert by Forbes, Entrepreneur, U.S. News & World Report and more. 11elevenconsulting.com givinginstyle.net
Delta Dental believes that everyone deserves a healthy smile. Its long-standing commitment to the communities it serves is evident through its organized grant program and many foundational programs and partnerships. Not only is Delta Dental of Arizona the leading dental benefits provider in state, but it is peopled with leadership and employees passionate about oral health and its importance to generations of families. Delta Dental of Arizona has worked for nearly 50 years to improve oral health by emphasizing preventive care and making dental coverage accessible to a wide variety of employers, groups and individuals. Since 2010, Delta Dental of Arizona, through its foundation, has given $10 million to support oral health education and disease prevention programs for underserved and uninsured communities across the state. The success of these efforts has been made possible through the company’s structured oral health grants program and a few signature offerings. The company has strategically positioned its philanthropic efforts to leverage the best of what it does in helping bring bright smiles to all. And in coordination with many local causes that include the Children’s Museum of Phoenix, St. Vincent de Paul, Phoenix Children’s Hospital and the Phoenix Community Toolbank, it is sharing its expertise in the most meaningful of ways. “Oral health and dental disease prevention are at the core of everything we do. Through the Delta Dental of Arizona Foundation (DDAZF) grant program alone, which granted more than $776,000 in 2020 alone, both Delta Dental of Arizona and our Foundation are able to support the oral health of uninsured, underinsured and vulnerable residents facing significant barriers to dental care and services,” says Delta Dental of Arizona President and CEO Allan Allford. These efforts are elevated through a series of strategic programs that enable the organization to reach the communities where it operates. One such program is Delta Dental of Arizona’s Supply Donation program. Through this endeavor, the organization donates dental hygiene supplies, which supports its mission to improve oral health in Arizona. The company even gives its signature Smile Bags each year gratis to nonprofit organizations that are providing oral health education or dental services. The Delta Dental Smile Bag is central to the company’s giving efforts. Each bag consists of one toothbrush (infant, junior, youth or adult), toothpaste (youth or adult), floss, an education card and a plastic bag to hold the items. This organization also leverages its knowledge. Delta Dental hosts Expert Voices, a roundtable discussion series that brings together local and state leaders with health experts to discuss policy, business and healthcare. These
solutions-oriented conversations focus on affordable access to health, behavioral and dental care. For each discussion, Delta Dental partners with local organizations such as hospitals and government agencies to focus on specific areas of improvement. And through its Legislative Toothbrush Program, the company collaborates with local legislators. Delta Dental of Arizona funds educational oral health puppet shows to kindergarten through third-grade children in Title 1 schools throughout Maricopa County. Smile Bags and education cards are given to all students to ensure they can implement oral health best practices at home. It is, however, most likely the impact of its grants and partnerships where its impact can be most easily realized. The DDAZF Grant Program supports projects and services promoting good oral health practices and increasing access to dental care. It is the intention that this funding will increase, promote and improve oral health and overall health. In 2019 alone the organization donated $1.2 million in the State of Arizona dedicated to fulfilling this mission. And one particular partnership will be a focal point of its mission this February. For the 12th year in a row, Delta Dental will be teaming up with the Children’s Museum of Phoenix to celebrate National Children’s Dental Health Month. The goal is simple: to make oral health a bit more fun. Through this partnership, the museum will host daily interactive activities, shows and educational information all related to the mouth, teeth and oral health. It almost goes without saying, however, that, during these COVID-19 times, their plans are pending and will likely take place outdoors on weekends. Participants will be treated to a variety of interactive experiences, including art projects to teach proper brushing techniques and flossing tactics, crafts to create toothfairy pillows and tooth-saver necklaces, and educational opportunities to learn about tooth-saving traditions from other cultures and about the teeth of various animals. Of course, Delta Dental’s Smile Bags will also be available every day to all visitors of the museum during February.
Leveraging its knowledge of oral health, Delta Dental hosts Expert Voices, a roundtable discussion series that brings together local and state leaders with health experts to discuss policy, business and healthcare.
Photo courtesy of Delta Dental
by Tyler Butler
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BUSINESS GIVES BACK
Rounding Up Hearts in February at Steak 44, Ocean 44 and Dominick’s Steak House Mastro brothers put their full restaurant roundup on fundraising SUPPORT RESTAURANT ROUND UP Diners are invited to join Steak 44, Dominick’s Steakhouse and Ocean 44 “Round Up” fundraiser throughout the month of February and support this campaign serving the American Heart Association. Details for dining in or take out can be found online. steak44.com ocean44.com dominickssteakhouse.com
Tyler Butler (“Tyler Butler | Giving in Style”), founder and CEO of 11Eleven Consulting, is a corporate social responsibility practitioner and expert leader in the corporate citizenship space. She has served on numerous national and local boards and is often cited as a subject matter expert by Forbes, Entrepreneur, U.S. News & World Report and more. 11elevenconsulting.com givinginstyle.net
The COVID-19 pandemic has wreaked havoc around the globe, leaving a trail of broken hopes and dreams in its path. Restaurants have been among the hardest hit industries. It’s estimated that 2.2 million restaurants worldwide will never reopen. This problem is especially severe in the U.S. where the Bureau of Labor Statistics just released data that points to a 3.4-million decrease in employment in food services and bars. Considering all this hardship, it might be difficult to imagine how a restaurant group would be able to thrive, let alone to extend its giving efforts. But that is exactly what the Mastro family is doing. Previous owners of the legendary steakhouses that have kept their name, today the Mastro family owns and operates the Valley’s top trio of steakhouses and seafood restaurants: Steak 44, Ocean 44 and Dominick’s Steakhouse. Dennis, Mike and Jeff Mastro have taken their commitment to quality and community to heart, even during these most trying of times. “My brother and I learned from our father from the time we were kids the joy of giving and the responsibility that we have to support our community whenever possible, and our family business stays true to those values as we continue to grow,” shares Jeff Mastro, co-founder and CEO of the Valley’s trio of steakhouses. The Mastros’ mission is simple. They seek to support the many wonderful foundations that do such important work in the communities where they operate. The organization recognizes that it has locations in some of the country’s greatest cities and it intends to raise funds that will help to keep them thriving during these difficult times for fundraising. With a pandemic raging, the group has employed innovation and agility where its philanthropic outreach is concerned. Pivoting events include its annual fundraiser with Larry Fitzgerald, known as Fitz’s Supper Club at Dominick’s Steakhouse, where the family traditionally underwrites the event so Larry can make as much money as possible for his charity every year. In 2020 though, Larry and the Mastro family instead delivered meals to hospital workers, ensuring that their giving efforts have not been sidelined for any reason and that they continue taking care of the community that helped to launch their tremendous success. This ingenuity and commitment to community has spawned other opportunities to share the Mastro family’s special brand of service leadership. In 2021, the trio are serving as honorary chairs of the American Heart Association Phoenix Heart Ball. Recognizing that traditional fundraising efforts for this event will not be possible, these change agents joined forces with 2021 Heart Ball Chair, Jennifer Moser, to explore solutions.
Together, they have launched a round-up program that is helping causes and engaging customers while paying it forward. “Heart disease is still the number one killer in the United States, so these funds are critical right now while we continue to fight heart disease, educate the public and save lives,” says Moser. “We will use this much-needed money on programs and services to advance the research in saving lives.” To this end, the company will be launching a second campaign to engage its customers. Starting Monday, February 1st, Dominick’s Steakhouse, Steak 44, Ocean 44, Steak 48|Houston, Steak 48|Chicago, Steak 48|Philadelphia and Steak 48|Charlotte will encourage guests dining at their top restaurants to round up their checks to support the American Heart Association. The month-long check round-up will run through the end of this month. Any size monetary donation can be made, and 100% of the amount raised will go to the American Heart Association. This will be the second go-around for the successful Round Up campaign. This past November, the locations in Arizona (Steak 44, Dominick’s Steakhouse and Ocean 44) as well as the Steak 48 in Houston conducted a guest “round up” effort in which they offered each guest the opportunity to round up their check to an even dollar amount to benefit local foundations, one foundation in each location. At the end of the month, each location hosted an evening to benefit the giving campaign and donated 100% of the proceeds from the first 200 diners directly to the foundations. And, while this campaign raised more than $60,000 for three Valley charities in November, the group recognizes that there is still much work to be done to support its charity partners and looks forward to continuing to serve and support those in need.
Brothers Jeffrey,, Michael and Dennis Mastro are the founders and creators of several well-known restaurant concepts that include Mastro’s Steakhouse and Mastro’s Ocean Club. After 10 years of successfully operating and developing these two luxury restaurant brands, they sold both brands (seven units) in May 2007.
Photo courtesy of David Burkman
by Tyler Butler
DARING TO BE BETTER
The Power of Calm
It’s a contagious emotion, and effective leaders model it by Eileen Rogers
Let me be the first to admit I am a personal “work in progress.” There are moments in my career I am proud of and others I regret. Most of the regrets come from the times I was hurt or angry and tried desperately to avoid feeling those emotions. Yet the emotions always won. They would show up in my body, my stomach aching as I repeatedly played the triggering conversations in my head. I would wind myself up emotionally as I made up stories about what happened (with the ending always in my favor, of course) and tried to believe them. Once inside that physical and mental trap, my choices were to (1) suck it up, (2) ignore the feelings, or (3) take it out on someone else in unproductive ways. None of those work well.
CALM IS A LEADERSHIP SUPERPOWER
After 40 years as president of her print and marketing company, Eileen Rogers’ encore career is now as a leadership coach and business advisor through her company One Creative View. She is a seasoned and accomplished entrepreneur and recognized community leader who is fiercely passionate about supporting and growing more vulnerable and courageous leaders. She is a certified Dare to Lead™ facilitator, Integrative Enneagram practitioner and executive coach. onecreativeview.com
Definition of “calm”: Creating perspective and mindfulness while managing emotional reactivity. Calm is contagious and effective leaders model it. It heals anxiety and creates the space we need to become emotionally grounded. Calm leaders practice and grow their emotional knowledge well beyond the three basic emotions most people recognize — mad, sad and glad. Research by Dare to Lead author Brené Brown, Ph.D., found that courageous leaders can recognize and identify up to 40 different emotions. An emotionally literate leader has the skills to recognize the emotions they’re feeling, name them, and describe their emotional experience. Leaders who don’t cultivate this competency can’t find the right intervention to help them move through the emotion, heal it and change it. They’re also typically not able to recognize difficult emotions in others.
COMMON WAYS WE OFFLOAD HURT
Dr. Brown identified six common ways we attempt to offload hurt rather than deal with our emotions. Bouncing Hurt: Using anger, blame, and/or avoidance when getting too close to emotion. • Anger: it’s easier to get mad or turn to “I don’t give a damn” than to “I’m hurt.” • Blame: faultfinding, making excuses, inflicting “payback,” lashing out as self-protection. • Avoidance: thinking, “I’m fine – no worries,” pretending it doesn’t matter, or saying “whatever.” Numbing: Taking the edge off emotional pain with ______ (fill in the blank; examples include alcohol, drugs, food, sex, relationships, money, work, the internet, caretaking, gambling … The list goes on). Stockpiling: I keep firmly packing down the pain. I build up hurt until my body decides that enough is enough. My body shuts me down. High-Centered: I can’t move forward and I can’t move back. If I recognize my hurt, fear or anger, I’ll be stuck. Once I engage
even a little, I won’t be able to move backward and pretend it doesn’t matter. Moving forward might open a floodgate of emotion I can’t control. Chandeliering: The hurt is packed so far down that it can’t possibly resurface. A seemingly innocent comment sends me into a rage or sparks a crying fit. A small mistake triggers a huge shame attack. Constructive feedback hits a tender place and I jump out of my skin. Fake Nice: Light and dark are not integrated. I’m overly sweet and accommodating when I feel resentful, hurt, frustrated, etc. I say yes when I mean no. Sometimes my niceness is inauthentic and I can feel like a ticking bomb.
MINDFULNESS IS A POWERFUL TOOL
Once I have awareness and know I’m avoiding my feelings, I have an alternative and it is an effective tool: successful, calm leaders include mindfulness, curiosity and breathing in their repertoire. Mindfulness means maintaining a moment-by-moment awareness of our thoughts, feelings, bodily sensations and surrounding environment. When we practice mindfulness, our thoughts tune into what we’re sensing in the present moment. We use our breath to slow down and check our emotional reactions. We ask a lot of questions and stay curious longer to gain more information and data about ourselves. We speak slowly, deliberately and calmly. Anxiety is the most contagious group emotion; fortunately, calm is contagious, too. Dr. Brown observes, “The research participants who taught me the most about breathing occupy what we would traditionally think of as opposite sides of the professional continuum: yoga teachers, meditation leaders and mindfulness practitioners on one side and soldiers, firefighters, first responders and elite athletes on the other.” I confess I used to roll my eyes at the word “mindfulness.” Now, I understand what a critical skill it is to practice for calm, successful, daring and courageous leaders.
Calm leaders practice and grow their emotional knowledge well beyond the three basic emotions most people recognize — mad, sad and glad. Research by Dare to Lead author Brené Brown, Ph.D., found that courageous leaders can recognize and identify up to 40 different emotions.
SAFETY PROTOCOLS FOR BUSINES
How Mental Health Impacts the Workplace And what employers can do to help by Doc Elliot
A new year brings new hope as businesses continue to navigate the pandemic. As we head into 2021, we are facing what may be the most severe mental health crisis in recent American history. How business owners handle the next three to six months is pivotal to maintaining a healthy and productive workforce. The pandemic is taking a physical and mental toll on nearly everyone these days in some form, from mild to severe. Not only do COVID-19 cases and hospitalizations continue to rise, but anxiety and depression have set in and the cases of stress-related symptoms have skyrocketed with it. Businesses large and small are now faced with economic uncertainty and a burned-out workforce, which is less productive now than it was a year ago. Incidences of workplace violence are rising at an astronomical rate, too. We’re seeing incidents more and more within the media and the phenomenon seems to be accelerating. Rapidly changing public and corporate mandates that include mask-wearing and inoculation have been cause for violent outbursts in stores, offices, schools, events and public places over the last year. As new rules begin implementation this year, employers are preparing for adverse effects of enforcement. The world is experiencing an unprecedented level of psychological trauma, and it’s affecting the way we live, work, communicate and thrive in every area of our lives — but it’s especially affecting people at work. According to the Centers for Disease Control and Prevention, more than 60% of employees report losing at least one hour per day in productivity because of COVID-related stress. The bottom line? Stress is eating away at businesses’ bottom line. Even worse, it could put employees and customers at risk. Employers were already taking important steps to develop workplace mental health and violence prevention programs before COVID-19, but now the urgency is even greater. In truth, we have only begun to scratch the surface of the pandemic’s long-term repercussions on business operations where it comes to mental health. Disruptions to the education system, for example, may affect our children for years to come. In turn, parents are juggling unprecedented challenges and limitations with childcare and providing in-home education when schools can’t be open. Changes to daily workflow have left millions of employees shaken and scarred. And that’s not all. Poor mental health and excessive stress can affect employee: • Job performance and productivity, • Engagement with one’s work, • Communication with coworkers, • Physical capability and daily functioning, and • Safety and violence in the workplace.
We are optimistic for a much happier and healthier year, and by prioritizing employee mental health as crisis prevention we get a head start. Social isolation, economic uncertainty and inconsistent routines are tough on workers at every level. Here are a few ways employers can address mental health concerns in the workplace to start the year on a positive note: • Create a stigma-free zone: Developing an open-door policy for employees to discuss mental health concerns creates a safe, healthy and more productive working environment for all workers. • Make mental health self-assessment tools available to all employees. • Offer free or subsidized clinical screenings for depression from a qualified mental health professional, followed by directed feedback and clinical referral when appropriate. • Offer health insurance with no or low out-of-pocket costs for depression medications and mental health counseling. • Provide free or subsidized lifestyle coaching, counseling or self-management programs. • Distribute materials, such as brochures, fliers and videos, to all employees about the signs and symptoms of poor mental health and opportunities for treatment. • Host seminars or workshops that address depression and stress management techniques, like mindfulness, breathing exercises and meditation, to help employees reduce anxiety and stress and improve focus and motivation. • Create and maintain dedicated, quiet spaces for relaxation activities. • Provide managers with training to help them recognize the signs and symptoms of stress and depression in team members and to encourage team members to seek help from qualified mental health professionals. • Give employees opportunities to participate in decisions about issues that affect job stress. The pandemic brought into focus one of the neglected areas of our culture — mental health in the workplace. Despite the circumstances surrounding the pandemic, 2021 can be a happy, healthy, productive and safe year in the workplace when mental health is made a priority with strategies implemented by forward-thinking leadership.
According to the Centers for Disease Control and Prevention, more than 60% of employees report losing at least one hour per day in productivity because of COVID-related stress.
A nationally renowned Federal Crisis Negotiation Specialist, Doc Elliot is founder and president of Phoenix Training Group. Since 1976, Phoenix Training Group has been the nation’s leader in workplace violence prevention training, customizing effective anti-violence training programs for corporations across all industries. phoenixtraininggroup.com
FEB. 45 2021 INBUSINESSPHX.COM
OUR SUBJECT IN-DEPTH
Arizona Skills Gap in Trade Industries Is Everyone’s Problem Sophisticated technology, well-paying – and many jobs are classified ‘essential’ by David Lee
SKILLS GAP HINDERS THE TRADES The skills gap is big enough that one company or even one industry can’t fix the problem alone. It takes a concerted effort across all industries to raise awareness and to implement solutions.
David Lee is chief operating officer of National Technical Institute (NTI), a trade school in Phoenix offering fast-track education for careers in HVAC and plumbing. NTIPhoenix.com
The skills gap is real, and now may be the perfect time to start fixing it. The “skills gap” is defined as a mismatch between the skills that employers rely upon in their employees and the skills that job seekers possess. This mismatch makes it difficult for individuals to find jobs and for employers to hire appropriately trained workers. Unfortunately for the HVAC industry, and other trades, this is a far-reaching, systemic problem as the supply of skilled labor has not kept up with industry growth over the past two decades. According to Build Your Future Arizona (arizona. byf.org), as reported last September by the National Center for Construction Education & Research, the skills gap in the state’s construction industry is projected to hit 150,000 by September 2022. Despite open positions with high earnings potential and job security, millennials and post-millennials are not choosing the HVAC industry or other skilled trades in the same numbers seen from previous generations. At the same time, the Bureau of Labor Statistics indicates that employment growth for HVAC is projected at 4 percent from 2019 to 2029. While one might think the pandemic would ease this problem, that is not necessarily the case. The need to fix the country’s infrastructure is not going away, nor is the need for skilled tradespeople to maintain the HVAC, plumbing and other systems that power hospitals, offices and factories that allow Arizona businesses and the country to run.
HOW DID WE GET HERE?
For years, a four-year college has been thought to be the only path to a well-paying career. While there is nothing wrong with that, other paths to a prosperous future were looked upon with a level of disdain, and, as a result, the trades fell deeply out of favor. Arizona, and the country, have lost an entire generation of younger people entering the trades and are now experiencing a profound deficit of skilled talent. Couple that with an aging workforce as baby boomer HVAC technicians and installers are preparing to retire in the next 10 years, taking all their knowledge with them — and we have a real problem. According to the Copper Development Association, more than one half of America’s trade professionals are near retirement age, and the problem of an aging workforce is obvious: Where are the workers to fill these vacant positions in the HVAC industry and the trades in general? There are some strides being made, such as Gov. Doug Ducey last year proclaiming February as Career and Technical Education Month in 2019 to recognize the importance of preparing students for college or a career after graduation. This effort should be applauded, but the problem is bigger than that.
PERCEPTION IS EVERYTHING
There is also a perception problem as many students and parents have a negative view of the HVAC industry and trades in general. As the EGIA Foundation found in its 2018 study, Bridging the HVAC Employment Gap, 64% of students believe HVAC is not a career or job that would make a parent proud. The entire community needs to recognize the long-term effects this labor deficit can have on everyday life and make a concerted effort to solve the problem.
HOW DOES THIS LABOR SHORTAGE AFFECT US?
These negative perceptions can have real-world consequences. With a lack of skilled workers, builders have to pay more for labor and often experience project delays, which, in turn, increases prices for both commercial and residential real estate. According to the Associated General Contractors, 86% of employers struggle to fill hourly or salaried positions. The skilled trades gap also has implications at home when hiring skilled service providers. Whether the need is for an HVAC repair person, plumber or electrician, finding a service provider who is good at their job may prove difficult. That usually means waiting a long time for someone to show up, even in an emergency, or settling for mediocre services because the other option may be no service at all. Unfortunately, many end up with lower-quality work, which can be dangerous and costly.
HOW CAN WE SOLVE THE PROBLEM?
With the pandemic wreaking havoc on many careers, this could be the perfect opportunity to pivot into the trades. If the pandemic taught us anything, it is the need to have a job that is considered essential, which many trade jobs have been classified by the Federal Government (www.cisa.gov/ sites/default/files/publications/CISA-Guidance-on-EssentialCritical-Infrastructure-Workers-1-20-508c.pdf). A tough lesson to learn for most but one that many should heed. With jobs needing to be filled in the trade sector and many people in need of a good stable career, it could be the perfect fix.
HVAC work can now require knowledge of sophisticated technology, as predictive maintenance is revolutionizing the upkeep and maintenance of HVAC technology. Smart HVAC technology senses data on air quality to be able to predict the right time for maintenance. From remote controls to controlling your HVAC system via voice commands, HVAC also needs tech savvy pros.
INNOVATIONS FOR BUSINESS
COVID-19 Accelerates the Demand for Digital Innovation Business survival means harnessing the power of emerging technologies by Joshua Kanter
COVID-19 has had an unprecedented impact on people’s lives and the global economy, impacting nearly every industry, including traditional and digitally native sectors. But the pandemic has not slowed innovation — in fact, it’s accelerating digital innovation to historic levels as organizations seek new ways to connect with and serve customers. The global disruption has required leaders to rethink traditional business functions and pursue new opportunities for growth through remote and self-serve channels. Strategic investments in core platforms are enabling organizations to serve customers in new ways through personalized, interactive and connected experiences powered by artificial intelligence and other emerging technologies. The surge in demand for new technology solutions is a function of the new challenges businesses are facing. In the pre-pandemic economy, commerce took place through the full range of channels: in-store, phone and online. Today, the demand for products and services that can’t be found online has declined dramatically. Brick-and-mortar-based businesses now face an urgent mandate to introduce digital commerce capabilities, in order to maintain viability and relevance in 2021 and beyond. And many companies that are already online are ill-equipped to scale operations to manage online activity and the associated influx of site traffic. They are bogged down by outdated architecture, data fragmentation and corresponding analytical challenges — and need help supporting customers across channels, products and touchpoints. As these challenges mount, the customer experience erodes. For companies that already have strong digital capabilities, COVID-19 is overloading internal software development teams. Increased demands, heightened urgency and unprecedented complexity have made it difficult for these critical teams to keep pace with the demands of the business. It’s not all doom and gloom. One benefit of this moment of disruption in our global economy is the proliferation of new and innovative solutions by Fast-Growing Tech (FGT) companies. FGT companies are embracing new technologies to adapt to the challenges of the day through digital innovation. These companies are introducing myriad solutions that disrupt traditional industries through novel solutions (think Uber or Airbnb) or the blurring of traditional lines between industries (think Blue Apron or SpaceX). The disruption arising from COVID-19 is stressing and all too often overwhelming latent weaknesses in business operations. It is a catalyst for change, simultaneously hindering incumbent businesses and opening the door to new players with innovative technology solutions. Consider the heightened demands placed on global supply chains, which have historically relied on loose networks of piecemeal analog
systems. Amid the pandemic’s rapidly shifting distribution patterns, friction points have expanded and threaten the reliability of these networks. Logistics companies are digitizing their core operations to mitigate disruptions in the supply chain through the thoughtful application of technologies like artificial intelligence (AI) and machine learning (ML). These technologies will not only help prevent major disruption in future crises but can also improve real-time efficiency today through new systems like inventory tracking and automated pallet-handling systems. Even though AI and ML are not new technologies, this moment of economic disruption is challenging business leaders the world over to identify new opportunities to apply them to solve critical business problems. 2020 was a crucible for traditional businesses. With scarce organizational resources, limited technological capabilities and overburdened teams, it has been difficult for many to identify and then navigate the difficult path forward. In the context of revenue risk, it’s harder than ever to fund new initiatives, and hire, train and manage the new teams required to get the work done right, and on time. How can companies bridge the gap between the strategic imperative for rapid innovation and the reality of limited internal resources and expertise? One solution is Outsource Product Development providers. These providers can nimbly ramp up agile engineering teams to deliver business impacts for clients, deploying solutions across all modern tools and technologies: cloud-based platforms, digital commerce capabilities, AI and ML, UI/UX and data analytics. They also provide coding and development support to streamline code architecture to eliminate bloat that slows core applications and makes them difficult to maintain. The businesses that make the necessary investments in digital engineering are going to find themselves in a strong position to serve customers during and after the pandemic, with new tools and strategies to boost productivity and profitability. We have departed the pre-COVID economy. Even when the pandemic subsides, the economy will not return to the patterns and channels that dominated just a year ago. Those businesses that wish to compete and win in 2021 and beyond will be the ones who move today to harness the power of emerging technologies to evolve and enhance their core offerings.
Technologies like artificial intelligence (AI) and machine learning (ML) will not only help prevent major disruption in future crises but can also improve real-time efficiency today through new systems like inventory tracking and automated pallet-handling systems.
Joshua Kanter is an accomplished chief marketing officer, experienced in leading the marketing and customer experience functions across B2B and B2C businesses. As Encora’s CMO, Kanter is responsible for all aspects of the company’s customer engagement strategy, direct marketing strategy, digital consumer engagement, loyalty marketing, marketing technology, customer analytics and brand creative strategy. encora.com
INVESTING IN COMMUNITY
How Corporate America Stepped Up during the Pandemic
Companies’ quick response and adaptation has proven to be the lifeblood of philanthropy during a time of crisis Volume 4
THE VOICE OF CORPORATE PHILANTHROPY IN RESPONSE TO COVID-19 WORLDWIDE
Highlights from ‘The Voice of Corporate Philanthropy in Response to COVID-19 Worldwide’ Report Charities Aid Foundation of America captured the voices of 73 corporations and corporate foundations that shared the impact of the pandemic on their philanthropic giving. The Volume #4 report, conducted June 25 to July 10, 2020, found: • 98.61% of corporations supported U.S.based charitable organizations (past three months of giving) • 72.46% of giving was to Food Security/ Agriculture (top area funded) • 43.66% of corporations increased their number of grants http://bit.ly/cv19-report
Carla Vargas Jasa is the president and chief executive officer of Valley of the Sun United Way in Phoenix, which serves the more than 4.3 million people of Maricopa County and is among the largest United Way chapters in the nation. vsuw.org
by Carla Vargas Jasa
The Giving USA 2020 report showed 2019 philanthropic giving close to the record level set in 2017 and that the past three years were the highest years on record. This report also showed corporate giving was up 13%. Then, COVID-19 hit home —hard — requiring all of us to quickly adapt and bend to respond to new situations and needs for our communities, employees and our families. Corporations, foundations and individuals had to make a decision: maintain philanthropic investments as “business as usual” based on predetermined focus areas, or quickly adjust to meet community needs during this crisis? Fortunately, many companies chose the latter, making lightning-speed decisions to stabilize local communities, and adapting to new methods of employee engagement and giving to respond to immediate and evolving needs in the virtual environment. Valley of the Sun United Way partners with companies in the Phoenix metro area through employee giving campaigns and volunteerism to support our neighbors in areas of education, homelessness, hunger and financial stability. When COVID-19 struck, we were concerned corporate partners would put giving campaigns on hold, suspend them altogether, or that it would be difficult to reach their teams through our new “Zoom normal.” In fact, we found the complete opposite to be true. It’s heartening how companies “stepped up” and their leadership and associates “showed up” virtually, to learn about community needs and contribute to immediate solutions. Here are some examples: Increased Giving. According to Charities Aid Foundation (CAF) of America’s June/July 2020 The Voice of Corporate Philanthropy in Response to COVID-19 Worldwide report, one-quarter of the corporations surveyed are giving 1025% more and over 12% increased giving 50% or more. Our local community benefited from heightened support, as 44 corporate partners increased their United Way giving to include the United for the Valley COVID-19 Fund, while 14 supported our United Way for the first time. Flexible Grantmaking. Due to the urgent need, some corporations streamlined their grantmaking processes and shortened timelines. In many cases, significant corporate grants were made based on a simple letter request and granted within a week. Grantors saw the need, cut through traditional processes, and responded. Unique Cause Marketing. This past year, several local cause-marketing partnerships emerged, such as one of America’s most recognizable beer brands donating $1 to the United for the Valley COVID-19 Fund for every case of beer sold, and a full-service real estate technology company committing funding from every Arizona home sold. Several
restaurants contributed a portion of online and drive-through sales to support hunger relief. Staff at a local store of the world’s largest coffeehouse chain created United Way greeting cards to spread holiday cheer. Innovative Volunteerism. Vello, Valley of the Sun United Way’s virtual tutoring program, quickly pivoted to connect volunteers to students at home, ensuring they wouldn’t be left behind despite uncertain school schedules. In partnership with several corporate partners, we launched the Connect United helpline for families navigating virtual learning technology. More than half of the I.T. hotline shifts were staffed with volunteers employed by the largest bank in the U.S. Diversified Employee Giving. Companies are providing employees simple ways to support solutions to racial, social, economic and education inequities, and, in some instances, matching employee donations to make the impact even greater. For example, one of the Big Four accounting firms quickly created an opportunity for employees to donate to a “Digital Divide” fund, creating equity for all students learning in a virtual setting. Others are partnering with United Way to use its digital giving platforms so employees can easily learn about and support emerging issues. Corporate support remains vital as the impact of the pandemic continues to widen gaps for struggling families. As one of our education partners stated recently, “Damage continues to be done on a daily basis and it will last for generations.” It’s clear that cross-sector collaboration and partnership — with nonprofits, corporations and the public sector working together, listening to each other and responding nimbly — is critical to address the ever-changing, complex and critical needs of our communities. Companies are to be commended for “stepping up” and investing so strongly in local communities, and in such innovative ways, despite the impact many experienced to their own bottom lines due to the pandemic. Let this be an instructive case study of the leadership role companies can play by flexibly and responsively investing resources and engaging employees in solutions during our current community crisis, and beyond.
Valley of the Sun United Way’s Vello at Home tutoring program is addressing the digital divide by ensuring local students have access to virtual reading tutors. These volunteer tutors, typically employees of United Way corporate partners, share 30 minutes per week to improve student reading skills in school and at home. vsuw.org/what-we-do/activate-for-kids/vello
WE VALUE WHAT WE OWN
BY MIKE HUNTER
2021 Panamera GTS Turbo 2021 PANAMERA GTS TURBO MSRP: $120,000 City: 16 mpg Hwy: 23 mpg 0-60: 5 sec Trans.: 8-speed automatic
of It All:
Business, the Law
Critical for Success
Photos courtesy of Porsche (top), Crumbl Cookies (bottom)
Appreciation by Cookie Businesses looking to express appreciation to a client or to reward an employee may find a suitable gift at Crumbl Cookies. Now known for cookies in a range of flavors that puts Baskin-Robbins Ice Cream’s famous “31 flavors” to shame, Crumbl offers more than 120 special ones that rotate weekly in addition to its standard bearers: chilled sugar cookies and the milk chocolate chip ones that it started with after painstaking taste-test forays with the public. Holidays may rotate into these flavor selections; Crumbl will feature four fan-favorite cookies for Valentine’s Day week, but is keeping those choices secret until announcing them February 7th on social media.
s by Practice Area Top Valley Attorney In the Firm 2021:
LAW AND BUSINESS
of Black Brushed Aluminum are a clear demonstration of this. Even the Steering Wheel rim of the GT Sport steering wheel and the roof lining are finished with Alcantara®. Another special feature of the Panamera GTS models: the optional interior packages in two contrasting colors. This includes stitching on the dashboard, the door panels, the seats, the armrest in the center console and the floor mats finished with stitching in Carmine Red or Chalk. The headrests of the four seats with the “GTS” logo are stitched in the same color. To match: The seat belts are in Carmine Red or Chalk.
IN BUSINESS MAGAZINE
The special dynamic of the Panamera GTS models is clear from the first glance — thanks in particular to use of the black contrasting color. Elements, such as the side window trims, the side air outlets, the logos on the rear end or the tailpipes of the Sport Exhaust System, are finished in High Gloss Black. In addition, the lower section of the Sport Design front and rear fascias and the 20-inch Panamera Design wheels are finished in Satin Black. The Exclusive Design taillights and the characteristic light strip are also clear. Upon request, LED headlights in black with Matrix Design, including Porsche Dynamic Light System Plus, can also be added. On the Panamera GTS and Turbo S, the adaptive rear spoiler splits in two after extending and becomes wider — ensuring an efficient reduction in lift at the rear axle. A special feature that highlights the sports car nature is the naturally aspirated engine character of the 4.0-liter twinturbo V8 engine with a linear unleashing of power. There is no performance plateau, as is common with turbo engines today. The Sport Exhaust System with intensive V8 sound characteristics is a perfect match. The interior of the Panamera GTS models also reveals their love of sport. The combination of black leather with Alcantara®, Adaptive Sport Seats with “GTS” logos on the headrests, as well as interior trim and door-sill guards made
This Month's Guest
Senator Mark Kelly,
Calm Is a Leadership Superpower $7.95 INBUSINESSPHX.COM
Commerce Tempe Chamber of
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Shipping is available, and more than 12 local franchises makes delivery, pick-up and catering also convenient; the easiest way to order is on its Crumbl app. Options for cookies include regular and mini, as well as customizable toppers to get a special message across for any occasion. Catering requires a minimum of 50 cookies. Local franchises recently transformed their cookies into ice cream: Crumbl Cream, made with the same standards for finest ingredients. crumblcookies.com
GTS Means Power: From the 911 and 718 to the Panamera, Macan or Cayenne, a trained eye can pick out the design of the GTS model anywhere, whether on a mountain peak, a winding country road or parked in a bustling metropolis. For those who appreciate the details, understanding the design elements that make a GTS a GTS is an integral part of what makes the badge so special.
FEB. 49 2021 INBUSINESSPHX.COM
MEALS THAT MATTER
Superstition Downtown: Uniquely Pairing Mead and Food A delicious concept rises from the ashes of 2020 by Jeff Herbert
Almond-wood-fire-roasted thinly sliced golden beets delicately laid over sushi rice; the three nigiri are topped with sesame gomashio and a micro green mix gently tossed in truffle oil, then drizzled with a decadent balsamic maple glaze $8 Pair with Lagrimas De Oro and experience the oak of the bourbon barrel mixing with the wood fire roast on the beets.
PORK BELLY BAO BUNS House-made spongy soft bao buns stuffed with a chile honey and meadglazed pork belly grilled over almond wood fire until caramelized; the two bao are topped with a colorful slaw made with pickled carrots, shaved daikon and radish with a cilantro garnish $10 Pair with Furiis Midday, a dry and complex orange wine made by fermenting white wine grapes on the skins for several months.
COFFEE-CRUSTED DRY-AGED RIBEYE Decadent melt-in-your-mouth coffee-crusted dry-aged ribeye grilled over almond wood served on top of a savory chocolate sauce with a side of rich creole mashed potatoes alongside marinated and charred radicchio garnished with smoking rosemary
a story behind everything we do at Superstition and, from the custom tile entryway to our best-selling menu item, pork belly bao buns, we have created subtle homages to the origins of the space. In many ways converting the shell of a historic structure is more challenging than a fresh build, and we couldn’t have made this successful without working with the great people in the City of Phoenix’s Adaptive Reuse Program. Mike Melero and his team worked very hard as our insiders at city hall, and together we bested many challenges facing our project. Few things are more important to the Superstition brand than authenticity, so choosing the perfect building was paramount in our search. My wife and I built our space in Prescott with our own hands, renovating a cellar space that dates to 1901, and we wanted to bring a slice of hygge (the Danish concept of coziness) to Phoenix that defines the Prescott Tasting Room. However, like a yin and yang to Prescott, Superstition Downtown is full of natural light with a beautiful spacious patio for outdoor dining. What makes our place so unique is that we are pairing elevated comfort food inspired by our international travels with world-class craft beverages that we make in Arizona, from Arizona honey, often aged in unique barrels that once held a range of spirits or even craft beer. There is no wider range of flavors to be found anywhere on earth, and when our guests complement or contrast the characteristics of a dish with a glass of mead or cider or wine that we make, the result is a culinary experience greater than the sum of its parts.
Superstition Meadery – Downtown Phoenix
Pair with Amante, a bold and spicy Belgian dark strong mead that complements the rich chocolate and spice notes of the dish.
1110 E. Washington St., Phoenix (602) 368-3257 superstitionmeadery.com
Mead, traditionally made of honey, is the world’s oldest fermented beverage; honey was discovered by the University of Pennsylvania biomolecular archaeologist Pat McGovern as being a key ingredient in ceramic pots holding alcohol, made in China 9,000 years ago.
Photos courtesy of K Superstition Downtown
ROASTED GOLDEN BEET NIGIRI
Superstition Downtown is the world’s first mead-and-foodpairing restaurant, a collaboration forged between chefs and mead makers, and we are so excited to offer a truly one-of-akind experience. Opening a restaurant in 2020 was filled with challenges from the international pandemic and corresponding government shutdowns disproportionately targeting the service industry. In spite of these obstacles, we continued to develop exciting new releases, ran dramatic promotions, and communicated in new ways via social media, ultimately establishing more than 50 new jobs in the past nine months. Phoenix is the fastest-growing city in the country, diverse mixed-use structures are going up as I write these words and, according to developers and city officials, Washington and Van Buren heading east from 7th Street is the next district of Phoenix highlighted for revitalization. Even today, from Bianco’s to Tratto’s to El Gallo Blanco, and now Superstition Downtown, the area offers easy access to some fantastic establishments. What makes a city really shine is authentic cultural experiences, destinations that define moments in our life. Times with friends and family that we look back on in the years ahead and remember fondly, nostalgia framed by beautiful design — and, in our case, preserving a slice of Arizona’s past. Superstition Downtown is on the National Historic Registry and originated as the first Chinese market in Phoenix. There is
ADVANTAGE Winter 2O21 • tempechamber.org
Tempe Chamber Announces 2021 Leadership Speaker Series: Lessons for Life & Leadership
The Tempe Chamber’s Women in Business Council, in partnership with presenting sponsor BD Becton Dickinson, is pleased to announce the 2021 Speaker Series: Lessons for Life & Leadership. The four live sessions will take place weekly through an online platform starting Friday, January 22nd at 9 a.m., with the final program on February 12th. This series consists of four dynamic sessions, each led by a leader in their industry who will speak on topics that discuss leadership best practices, stories of how being unique can help your success, how to future-proof your career and much more. The speakers will address unique challenges and opportunities through storytelling while offering practical advice on how to apply what they have learned to your career path. “The 2021 Leadership Speaker Series is one of the four programs the Women in Business Council focuses on each year,” said Women in Business Council Chair Jennifer Burwell. “This year, our Presenting Sponsor BD has been very involved in helping find speakers and providing a venue for the live broadcast. We are excited about the partnership and the lineup of speakers.” For more information, speaker bios, topics and how to register, visit TempeChamber.org.
Te m p e C h a m b e r. o r g
T E M P E C H A M B E R A D VA N TA G E
A Letter from the CEO Reflecting on 2020, Looking Ahead to 2021 2020 was truly an unforeseen year for business and the health and safety of our community. Many of us have been through different kinds of natural disasters, but the depth of what a global pandemic can do was unlike anything we had ever experienced. As the year has ended, it is essential to reflect on its impact on our community, and the outlook for 2021.
Looking Back on 2020
Anne Gill, IOM, President & CEO, Tempe Chamber of Commerce
This spring, the COVID-19 pandemic surprised all of us, and the way we operated shifted dramatically. The pandemic forced us to immediately adapt, adjust and pivot, as well as continuing to be flexible in unknown territory as the year progressed. However, the Tempe Chamber seized the opportunity to redefine our role during this time. The obstacles we faced, and continue to face, are challenging. However, these challenges inspired our team to innovate and create opportunities for a brighter path toward positive change. In a matter of days, my team was quick to adapt to a virtual world — from community connections to programs and events to working remotely. The team embraced new technology so that the Tempe Chamber could continue to support our businesses and the community during the pandemic. We provided a series of webinars to inform businesses of funding programs and opportunities, as well as how to navigate the new regulations created by the CARES Act. Our COVID-19 Resource page on our website became the one-stop shop for vetted and reliable information for our members and business community. We were the first chamber to introduce live, interactive broadcast events to keep our members and community connected to our elected officials and to programs focused on business success. This year, we launched our new Business Academy, announced our partnership with the U.S. Chamber of Commerce on a national initiative to address inequality of opportunity, and continued to advocate for businesses at every level of government. Throughout the pandemic, we have continued to lead by example and support other organizations and community efforts along the way. Our team worked together with the City of Tempe, The Downtown Tempe Authority and the Tempe Tourism office to develop programs to support our business community, including microloans as well as a shop local platform.
Looking Ahead to 2021 As the Tempe Chamber moves into 2021, we will continue to focus on our workforce initiatives, such as Career Ready Tempe, while stepping up our advocacy efforts on behalf of the business community. We will continue to focus on our problem-solving strategy for our members and advocate for economic recovery and resiliency in policies that ease regulations, allowing our members to thrive. As businesses deal with the challenges the global pandemic created, the need for a strong advocacy voice is more important than ever. Our ability to connect people and advocate for business allows us to continue serving our members. In January, we will be hosting our annual Leadership Speaker Series, Lessons for Life & Leadership, which will offer practical advice on leading in today’s world. In the New Year, the Tempe Chamber will continue to host dialogues with business and community leaders to discuss concrete actions that can be taken by government and the private sector to address inequality through education, employment, entrepreneurship and criminal justice reform. The future of the Tempe Chamber is bright, and our outlook remains positive. The lessons we have learned because of the global crisis have informed the Chamber’s core work, and we will carry these lessons forward to provide critical support for our business community. I am proud of the way the Tempe community has come together to support each other in many ways, including patronizing our local merchants and restaurants and volunteering for and donating to Tempe nonprofits. To advocate for and represent the business community is of the utmost privilege, and we will push forward, together, now and well into 2021.
T E M P E C H A M B E R A D V A N TA G E
EVCCA Lifestyle Healthcare Program Update for Businesses The Tempe Chamber in partnership with the East Valley Chambers of Commerce Alliance is proud to offer Lifestyle Health Plans, an affinity health plan designed to help East Valley employers save money on healthcare premiums while providing a robust wellness plan and quality care to employees. NEW in 2021, Lifestyle Health Plans now offers pricing on two value-based network reimbursement models, along with a robust wellness program and second tier deductible. One of the offered networks includes care through the Mayo Clinic. In addition, Lifestyle Health Plans now offers a no-cost human resources platform called BuzzHR to those who select a major medical plan. The free platform has many
features, including live advisors, compliance support, document preparation, Section 125 plans and much more. Upgraded full-service HR options are also available.
Tempe Chamber’s New Young Professional Committee, FUEL FUEL Young Professionals is the Tempe Chamber of Commerce’s newest committee. With a mission to empower young professionals as stewards of the business community through professional development while enhancing personal networks to foster Tempe’s current and future business leaders, FUEL has had more than 30 members join since its inception in December 2019. “I have had the privilege of working alongside driven young professionals this past year, who want to make an impact in the communities they serve,” said FUEL Committee Chair Jake Hutchins. “I am so proud of the committee we have built and cannot wait to see what 2021 has in store for us.” For more information on FUEL Young Professionals and how you or someone you know can join, please visit https://tempechamber.org/committees.
Te m p e C h a m b e r. o r g
For more information on the Lifestyle Health Plan, contact Erika Acorn at the chamber office. tempechamber.org
Tempe Chamber Committee Introduces Business Academy To give businesses and business leaders the knowledge they need to grow their companies and strengthen our community, the Tempe Chamber of Commerce and its Business Innovation and Strategy Council developed a virtual 6-month curriculum, The Tempe Chamber Business Academy. Presented by Wells Fargo, this six-month academy started in October 2020 and will continue through March 2021. Each monthly session is 90-minutes long and led by an industry leader in their field, ranging from finance and HR to emotional intelligence. For more information on how you can attend the remaining sessions in 2021, please contact Erika Acorn at the chamber office or visit www.tempechamber.org/events.
T E M P E C H A M B E R A D VA N TA G E
Tempe Chamber Virtual Event Success In 2020, the pandemic was a challenge in many ways, and early in the process the Tempe Chamber moved all its signature events to a virtual format. While following all CDC guidelines, the team at Video West helped the Tempe Chamber produce six live broadcast events seen by record numbers of registrants. With focus on the content and the ability
to provide important messages from sponsors and partners to attendees near and far, these events had great feedback from sponsors, attendees and community leaders because the format provided a safe, time-saving way to deliver relevant content to guests near and far. We are excited to share recaps from our most recent live broadcasts.
Sustainability Summit On August 7, 2020, the Tempe Chamber of Commerce held its second annual Emerging Issues Forum: Sustainability Summit through a live broadcast at the Video West Inc. studio. Presenting sponsor SRP and other local businesses shared several success stories and key examples of ways their organizations practice sustainability. City of Tempe’s Sustainability Director Dr. Braden Kay and Arizona State University’s University Sustainability Practices Director Mick Dalrymple provided event attendees best practice tools and program roadmaps to help improve sustainability efforts within their organizations.
Leadership Conference & Virtual Expo On September 18, 2020, nearly 300 business professionals and community leaders participated in a live broadcast of the 25th Annual Leadership Conference & Virtual Expo, presented by Tempe St. Luke’s Hospital. Celebrating 25 years of women in leadership, moderators Jonae Harrison and Dr. Aneesah Nadir interviewed some of the community’s industry-leading women to learn how they have navigated social movements throughout their career. To round out the program, U.S. Chamber President Suzanne Clark discussed the Equality of Opportunity program and policy agenda and its partnership with the Tempe Chamber to address inequality through education, employment, entrepreneurship and criminal justice reform.
Annual State of the City with Mayor Corey Woods On October 30, 2020, the Tempe Chamber’s 22nd Annual State of the City with Mayor Corey Woods, presented by Edward Jones, broke records with more than 750 registered attendees. During his address, Mayor Woods highlighted key business development initiatives, provided strategic municipal progress updates, and addressed the many challenges created by the pandemic and the recovery strategy moving forward. Members of City Council were also highlighted in the address, each providing information on a key community program. In the second segment of the program, Tempe Chamber President and CEO Anne Gill sat down with Mayor Woods for a fireside chat to ask questions on behalf of the business community, as well as a short lightning round of personal questions to enable the audience to get to know the newly elected leader. The 2020 State of the City Address is available to view on the City’s Tempe11Video YouTube channel.
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Committee Highlights Military Affairs Committee (MAC)
The Tempe Chamber Military Affairs Committee had a busy fall this year with several programs that furthered its mission to serve as a proactive voice supporting military personnel in the Greater Phoenix area. On November 13th, the Tempe Chamber MAC went to Goldwater Air National Guard base for the 2020 Copper 5 Honors event that was a live broadcast of the ceremony through a virtual platform. This year, 1st Lt. Caleb Mischung and TSgt Patrick Nelson were selected as the 2020 Goldwater ANG Base Maj Truman Young and TSgt Donald Plough award winners. Both outstanding airmen received their award in a small ceremony with a few of their Copperhead family. The event is available to watch on the Tempe Chamber Vimeo channel. November 13th was also the official kick-off of the two-week online silent auction fundraiser that included many donations from the business community to help raise funds for the MAC mission. On December 4th, the MAC held a drive-up donation event at the Tempe Chamber to collect toys and monetary donations for the Maricopa Marines Toys 4 Tots program. Every year the MAC collects for the organization, and this year the collection was held outdoors to ensure the health and safety of the volunteers and those making donations. The drive ended with a record-setting 75 toys and $400 in monetary donations.
Women in Busines Council (WIB) The Tempe Chamber Women in Business Council has selected Treasures for Teachers as its Charity of the year for 2020-2021. In midNovember, the WIB held a half-day donation drive in the Chamber’s parking lot. Throughout the day, donations like office equipment and furniture, home goods and craft supplies arrived in a steady stream. At the end of the day, three pick-up trucks-worth of goods were delivered to the Tempe Treasures for Teachers Warehouse. In other news, the WIB has updated the 2021 Mentoring Program schedule and workshop format. Rather than meeting monthly December through May, the updated program will include two monthly workshops February through April. The condensed program will include virtual workshop capabilities for attendees and speakers.
Upcoming Signature Events The Tempe Chamber is excited to continue the success of live broadcasts through the end of the 2020-2021 fiscal year. Each program is designed to deliver relevant, impactful content to attendees. If you are interested in learning more about attending or the benefits of sponsoring an event, contact the Tempe Chamber office. Leadership Speaker Series Four Consecutive Fridays, January 22 – February 12 9:00a – 10:00a
Emerging Issues Forum: Sustainability Summit Friday, April 2 9:00a – 10:30a
State of the District with Congressman Greg Stanton Thursday, March 11 9:00a – 10:00a
3rd Annual Red, White & Blue Awards Wednesday, April 14 9:00a – 10:00a
Te m p e C h a m b e r. o r g
Leadership Conference & Virtual Expo Friday, May 14 9:00a – 11:00a State of the Chamber & Annual Awards Friday, June 25 9:00a – 10:30a
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Board of Directors Board Chair: Chad Akin Incoming Chair: Raveen Arora Treasurer: Suzy Greenwood Vice-Chairs: Kyle McIntosh, Mark Holthaus, Megan Martin Immediate Past Chair: Jihan Cottrell Directors: John Bauer, CPA, MBA, Tom Binge, Sarah Clifford, Josh Diker, Jayashree Ganesan, Clark Landrum, Joaquin Perez, Julie Rodriguez Ex-Officios: Kate Borders, Andrew Ching, Robert Cox, Brian McCartin
Tempe Chamber Staff Anne Gill, IOM President & CEO email@example.com
Mark Tarabori Membership Relations Specialist firstname.lastname@example.org
Sukki Jahnke, CMP Vice President of Marketing & Programs email@example.com
Julie Flanigan, CPA Director of Finance firstname.lastname@example.org
Erika Acorn Vice President of Business Development email@example.com
Tempe Chamber of Commerce P.O. Box 28500 â&#x20AC;˘ Tempe, AZ 85285 (480) 967-7891 â&#x20AC;˘ www.tempechamber.org
Committee Chairs: Peter Adams, Chad Akin, Stephen Alexander, Tom Binge, Tracy Bullock, Jennifer Burwell, Robert Cox, Jake Hutchins, Brian Stinson, Jake White, Bobby Zavala The Tempe Chamber of Commerce strengthens the local economy though networking, advocacy, professional development and influence. It regularly advocates for a favorable business climate through interactive public policy engagement and provides ongoing representation in government at local, state and federal levels.
CONNECT WITH THE TEMPE CHAMBER! JOIN US ON FACEBOOK /tempecc WATCH OUR VIDEOS /tempechamber
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FOLLOW US ON LINKEDIN /company/tempe-chamber-of-commerce Visit our website at www.tempechamber.org!
T E M P E C H A M B E R A D V A N TA G E
2021 EDITION Presents
A LOOK AT TOP ATTORNEYS BY PRACTICE AREA
THIS SECTION • Burch & Cracchiolo • Citadel Law • Engelman Berger • Ryley Carlock & Applewhite Special COVID-19 Focus for 2021
• Sanders + Parks • Snell & Wilmer • Wilenchik & Bartness
Legal Brain. Business Brawn.
CORE PRACTICE GROUPS/23 AREAS OF FOCUS
OFFICES SERVING CLIENTS IN NEARLY EVERY STATE
#118 AMLAW 200
BIGLAW FIRM FOR FEMALE ATTORNEYS BY LAW360
ATTORNEYS RECOGNIZED BY CHAMBERS IN 2018
RATING IN 2018 HUMAN RIGHTS CAMPAIGN’S ANNUAL CORPORATE EQUALITY INDEX
ARIZONA ATTORNEYS SELECTED TO THE BEST LAWYERS IN AMERICA®
Let us put our strengths to work for you. For information about our full range of business and litigation experience, please contact Leonardo Loo, Phoenix Office Managing Partner, at firstname.lastname@example.org or 602.229.5662 .
BY MIKE HUNTER
Specialization Is Key to Success for Legal Needs in Business Being focused on doing better business these days involves so much. In Business Magazine writes many articles each month that are meant to help business owners and those managing business become more informed, educated and aware of resources that can enrich business practices and/or improve the bottom line altogether. Legal representation is an important part of business success. While often costly and occasionally engaged because of issues, legal services are a necessary part of protecting and growing business. In this section, we identify many of the common practice areas that are important to protecting business and even the process of doing better business. From tax law to cybersecurity law, getting strong advice can make or break a company’s good standing. According to the State Bar of Arizona, legal situations for business are unique and require specific legal analysis — stating on its website, “In some cases, the wrong decision may cost you your legal rights.” Seeking legal advice, especially in today’s world, is as much a part of running business as is payroll. The State Bar of Arizona offers information on its website to help businesses better understand specific reasons why engaging an attorney can help — from starting or buying a business to signing contracts of any kind to protecting against new technologies and social media. Our special section will introduce you to those individuals who can help. In this special section, we offer some of these attorneys, through reputable law firms here in the Valley so readers can put a face to a name in the specific practice areas that may be needed. We include just some of the top attorneys as a place to start and encourage business owners to do the due diligence necessary in retaining an attorney for their company needs. State Bar of Arizona azbar.org
In Business Magazine is proud to offer our business community a listing of top attorneys by practice area. This special section is an annual piece that allows businesspeople to meet top attorneys in many of the current practice areas that businesses overall are seeking. It is also a way to get to know the top law firms that are eager to work with business owners and executives to provide specialized services. We hope you find the 2021 special section In the Firm: A Look at Top Attorneys by Practice Area useful.
Burch & Cracchiolo is a 51-year-old full-service law firm providing superior legal services at reasonable rates.
Title with Firm: Shareholder Years at Firm: 37 Law School, Year completed: Arizona State University College of Law, cum laude, 1984 Contact Phone: (602) 274-7611 Other Practice-Area Expertise: Business and Corporate Law, Real Estate Law
Commercial Law & Litigation
Construction Law & Litigation
With more than 30 years at Burch & Cracchiolo, Ed Fleming has proven to be one of the top trial lawyers and business minds in Arizona. He is a peer-review-rated AV® Preeminent 5.0 out of 5* attorney by Martindale-Hubbell and is listed in the 2014-2020 editions of Southwest Super Lawyers and Best Lawyers in America in 2015-2021. Fleming is a member of IR Global, a multi-disciplinary professional services network that provides advice to companies and individuals in more than 155 jurisdictions nationally and internationally. As a litigator, Fleming represents clients in complicated commercial disputes. He has successfully prosecuted and defended professionals, including lawyers and accountants, in dozens of cases and represented multiple clients in cases involving financial fraud and securities issues. His diverse experience includes shareholder derivative actions, civil employment litigation, and state and federal racketeering claims. Fleming has extensive experience in real estate litigation matters, including escrow and title claims, claims brought by banks and lending institutions against real estate developers and contractors, as well as claims made by and against general contractors and subcontractors.
Title with Firm: Shareholder Years at Firm: 21 Law School, Year completed: Harvard School of Law, 1978 Contact Phone: (602) 274-7611 Other Practice-Area Expertise: Commercial Litigation, Construction Defect Litigation
Real Estate Law, Landlord Tenant Disputes
Title with Firm: Shareholder Years at Firm: 14 Law School, Year completed: Arizona State University Sandra Day O’Connor School of Law, 2008 Contact Phone: (602) 274-7611 Other Practice-Area Expertise: Commercial Litigation, Bankruptcy and Reorganization
Mike Dulberg is an AV® Preeminent 5.0 out of 5 peer-review-rated attorney in Martindale-Hubbell and a highly respected construction lawyer with more than 30 years’ experience. He represents public and private owners, general contractors, subcontractors, material suppliers and design professionals on public and private projects in contract drafting and negotiation, claims preparation, arbitration and trial of claims, surety claims and design professional liability issues. Dulberg has also handled administrative proceedings pursuant to the Arizona Procurement Code and complaints before the Registrar of Contractors. He has lectured to the State Bar of Arizona as well as construction industry groups on various aspects of construction law. Dulberg has been a Best Lawyer in America since 2014.
Casey Blais practices in the areas of commercial litigation, real estate law and landlord/tenant disputes. He regularly represents individuals, lenders, developers and other private and public entities in bringing and resolving a variety of legal matters. Representative cases include real estate title and litigation matters, foreclosure actions, business and contract disputes, landlord tenant actions, real estate non-disclosure disputes, and judgment collection cases. From 2012-2018, Blais was named a “Rising Star” by Southwest Super Lawyers. Over the years, he has been active in the Maricopa County Bar Association, including serving as the president of the Young Lawyers Division in 2014.
Title with Firm: Shareholder Years at Firm: 16 Law School, Year completed: Western State University College of Law, 1999 Contact Phone: (602) 274-7611 Other Practice-Area Expertise: Commercial Litigation
Susan Dana-Kobey handles all aspects of divorce and family law matters as a partner at Burch & Cracchiolo. Her approach with her clients is to advocate for you in the most positive and forthright manner. She will discuss with you not only what is possible, but what is probable given the circumstances of your case. Susan will give you the personal attention, understanding and focus that you deserve throughout your legal process. Dana-Kobey lived in Argentina as a child and is fluent in Spanish. While living in Argentina, she travelled often to Brazil to visit family and eventually learned to also speak Portuguese. Her multilingual proficiency led Susan to volunteer by assisting Spanishspeaking individuals at the Family Court Facilitator’s Office in Orange County, California. She also worked as a Spanish translator in the telecommunications industry. In her practice, Dana-Kobey is privileged to represent many Spanish-speaking clients. She was named a Best Lawyer in America in 2021.
Company Name: Burch & Cracchiolo
Year Established Locally: 1970
Main Local Office Address: 1850 N. Central Avenue, Suite 1700 Phoenix, AZ 85004
Number of Offices in Metro Phoenix: 1
Phone: (602) 274-7611
Managing Partner: Andy Abraham
Top Practice Areas: Commercial Litigation, Real Estate Law, Land Use and Zoning, Personal Injury/ Wrongful Death
City Nationally Headquartered: Phoenix
The Citadel Law Firm® is an Arizona-based law firm serving Chandler, Gilbert, Phoenix, Sun Lakes, Mesa, Queen Creek and the entire Valley. We also work with several clients from the Midwest and maintain a part-time office in North Dakota.
Michael W. Albee Family Law
Title with Firm: Partner Law School, Year completed: Arizona Law School Sandra Day O’ Connor College of Law Contact Phone: (602) 380-9479
My name is Michael Albee, and I am a Family Law Attorney and Mediator. I can also help you with child support needs and domestic violence situations. I was born and raised in Phoenix and am a third-generation Phoenician. My first career was working as writer for numerous blogs and websites. Then, after having my daughter at a very early age, I decided, after trudging through every emotion of a custody battle, to pursue a career in law so that I could help people navigate the murky waters of custody and divorce. I draw on my personal experience and legal knowledge to help people consciously move through the process of divorce and custody battles. During divorce and custody disputes, our focus is always on the children and what is going be in their best interest. While their names aren’t listed on the pleadings or on the Court docket, we recognize that they are the most important part of any divorce or custody dispute. We do our best to ensure you and your family maintain a positive quality of life while going through the divorce process. There will be a new daily routine to your family’s life; it is part of my job as a Family Law Attorney to help you adapt to it. We treat our clients like family and each client is encouraged to contact us as quickly as possible the moment an emergency may arise. The intent is to ensure every client has some peace of mind during a time that can feel like you’re stuck in a twisting tornado spinning in every direction. If you are a dealing with a divorce or custody dispute and you need someone to talk to, we’re happy to help. Please call me to arrange a free initial consultation to discuss your matter.
David Gerszewski Estate Planning
Title with Firm: Partner Law School, Year completed: Arizona Law School Sandra Day O’ Connor College of Law Contact Phone: (602) 380-9479 Other Practice-Area Expertise: Trust Litigation, Guardianship
My name is David Gerszewski and I am an Estate Planning Attorney and Probate Lawyer. I was born and raised in North Dakota and first moved to Arizona in 1992 to pursue graduate studies in applied statistics at Arizona State University. My first career working for Wall Street investment banks and hedge funds took me to New York and then to London for almost 20 years. After leaving institutional finance, I moved to Florianópolis in South America, where I developed a restaurant franchise concept that spread throughout southern Brazil. I again made Arizona my home in 2014 and now operate the Citadel Law Firm® based in Chandler serving East Valley clients in estate planning, wills and trusts, and tax law. Our law practice designs personalized estate, business, retirement and tax planning strategies for clients, which are designed to coordinate with clients’ existing investments, pensions, life insurance and annuities. Through a legally distinct financial planning entity that is not a law firm, our clients may also receive guidance on investment management and life insurance retirement planning (IMLIRP) strategies. I draw on extensive commercial and international experience to represent clients developing new businesses, protecting intellectual property (trademarks, copyrights and patents), planning for business succession and resolving related legal issues as they arise. We approach our clients like family. My unique background across several industries in investment banking, investment management, small business entrepreneurship, tax and law allows me to provide comprehensive, coordinated and optimized solutions tailored to clients, their families and their businesses. This coordinated approach for most clients results in financial security, peace of mind and a clear understanding of the resources that will be available when difficult times arise.
Company Name: Citadel Law Firm
Year Established Locally: 2015
Main Local Office Address: 1767 E. Queen Creek Rd., Suite 1, Chandler, AZ 85286
Number of Offices in Metro Phoenix: 2
Top Practice Areas: Family Law, Estate Planning, Criminal Law
Phone: (480) 565-8020
Managing Partner: David Gerszewski
City Nationally Headquartered: Chandler, Arizona
We are recognized for our expertise and commitment to resolving commercial disputes and helping clients prevent legal problems through proper planning.
Title with Firm: Shareholder Years at Firm: 19 Law School, Year completed: University of Notre Dame, 1989 Contact Phone: (602) 222-4987 Other Practice-Area Expertise: Mediation
Title with Firm: Shareholder Years at Firm: 2 Contact Phone: (602) 222-4990 Other Certifications Supporting this Area: National Association of Bond Lawyers, member since 1994 Recognized in The Best Lawyers in America© in the field of Public Finance Law, Phoenix, Ariz., since 2007 Named “Lawyer of the Year” by The Best Lawyers in America© for Public Finance Law, Phoenix, Ariz., 2015 Other Practice-Area Expertise: Federal Tax Law
Tamalyn (Tami) Lewis
Kevin Judiscak combines a focused and strategic approach to the litigation process, with a practical business perspective to assist business clients in beneficially resolving pending or threatened disputes. Judiscak’s experience includes enforcement and defense of commercial loan agreements, guaranties and collateral agreements; rights in personal property and real estate collateral through judicial and nonjudicial enforcement, including receiverships and provisional remedies; real estate contracts, sales agreements and commercial leases, including forcible entry and detainer proceedings; rights between shareholders, members, or partners in closely held businesses; and non-compete and other restrictive covenants arising from employment contracts, shareholder agreements or business sales.
Tamalyn (Tami) Lewis brings her clients more than 36 years of legal experience and a deep appreciation of our Arizona business culture. A true Arizona native through-and-through, Lewis was born in Globe, raised in Safford and attended Arizona State University. Lewis has extensive experience representing financial institutions, farmers, landlords, creditors and individuals in commercial bankruptcies, foreclosures, loan workouts, agricultural matters, real estate and settlement negotiations.
Title with Firm: Shareholder Years at Firm: 6 Years at Firm Law School, Year completed: Arizona State University, 1983 Contact Phone: (602) 222-4958 Other Practice-Area Expertise: Insolvency, Creditors’ Rights
Brigitte Finley Green
Business Transactions, Reorganizations & Workouts
Brigitte Finley Green practices public finance law. She spent more than 20 years at large regional and national law firms serving as bond and underwriter’s counsel on hundreds of transactions for governmental issuers, including state agencies, universities, counties, cities/ towns, school districts and special districts. Finley Green also has experience in qualified private activity bond financing of multifamily housing facilities, manufacturing facilities, single-family mortgages, student loans and facilities for 501(c) (3) organizations, including hospitals, private universities and charter schools. She also spent two years as an attorney adviser with the IRS’s Office of Chief Counsel in Washington, D.C., where she drafted treasury regulations and IRS rulings in the tax-exempt bond area.
Title with Firm: Managing Shareholder Years at Firm: 11 Law School, Year completed: DePaul University, 2002 Contact Phone: (602) 222-4968 Other Certifications Supporting this Area: Selected to Southwest Super Lawyers for Bankruptcy, Business/ Corporate, Business Litigation, 2019
Patrick Clisham has extensive experience representing clients in complex corporate transactions, including loan documentation and restructurings, asset acquisitions and sales, lease negotiations and enforcement, and business transactions. Clisham’s experience primarily derives from representing secured and unsecured creditors, corporate debtors, trustees and examiners in corporate bankruptcy proceedings and out-ofcourt workouts. Clisham also has considerable business and financial experience. He is a former commodities futures trader and was previously a member of the Chicago Mercantile Exchange. Patrick has been recently recognized in The Best Lawyers in America© in the field of Bankruptcy and Creditor Debtor Rights/ Insolvency and Reorganization Law in Phoenix.
Company Name: Engelman Berger, PC
Year Established Locally: 1999
Main Local Office Address: 2800 N. Central Ave., Suite 1200, Phoenix, AZ 85004
Number of Offices in Metro Phoenix: 1
Phone: (602) 271-9090
Managing Partner: Patrick Clisham
Top Practice Areas: Bankruptcy and Reorganization, Commercial Litigation, Business Disputes and Transactions, Real Estate, Public Finance, Employment
City Nationally Headquartered: Phoenix
Ryley Carlock & Applewhite is a full-service law firm with offices in Arizona, Colorado and Michigan.
Title with Firm: Shareholder Years at Firm: 15 Law School: University of Chicago Law School Contact Phone: (602) 440-4866
Title with Firm: Shareholder Years at Firm: 37 Law School: University of Kansas Contact Phone: (602) 440-4824
Jessica Benford Powell
John C. Lemaster
Corporate and Securities
Jessica Benford Powell helps local entrepreneurs, startups, business owners, established companies and financial institutions navigate significant issues related to formation, governance, intellectual property, financing and securities compliance. Her extensive experience representing clients in business transactions includes mergers and acquisitions, private placements, stock purchases and much more, where she manages the entire process — from term sheets and letters of intent through closing. Powell is committed to understanding her clients’ business goals and challenges in order to deliver responsive solutions. She regularly writes and presents on these important business topics. Powell serves as practice group leader for the firm’s Corporate, Banking & Transactional Practice.
John C. Lemaster is a commercial litigator with experience managing and trying complex cases. His practice has emphasized condemnation and real property, water rights, NEPA and environmental issues, and business disputes. He also handles insurance coverage and bad faith litigation matters, asbestos defense, and other complex litigation. He has been involved in a number of jury and non-jury trials. In addition, Lemaster heads up the firm’s eDiscovery & Managed Review practice, one of the first dedicated practice groups created to provide managed document review and eDiscovery services in litigation, investigations, and due diligence for clients and other law firms.
Title with Firm: Shareholder Years at Firm: 34 Law School: Arizona State University Contact Phone: (602) 440-4831
Sheryl A. Sweeney
John J. Fries
Water and Environmental Law
Sheryl A. Sweeney practices in the areas of energy law, water law, environmental law, electric-utility law, public power and special taxing districts. Sweeney has extensive experience representing both public and private energy interests. She acts as counsel to several entities that contract for hydroelectric power from the Western Area Power Administration and the Arizona Power Authority. She is involved in all aspects of the industry, including power supply contracting, rate setting, transmission access, interconnection agreements, renewable generation, conventional generation, distributed generation, siting and retail electric competition. Sweeney serves as practice group leader for the firm’s Water, Energy, Resources and Environmental Law Practice.
John J. Fries has practiced bankruptcy law for more than 30 years. He is a certified business bankruptcy specialist by the State Bar of Arizona and nationally by the American Bankruptcy Board. He represents creditors, landlords and tenants, vendors, debtors, trustees and creditors’ committees in commercial bankruptcy cases. His experience includes restructuring debt, implementing “prepackaged” bankruptcies, enforcing loan documents, arranging debtor-in-possession financing, and buying and selling assets. Fries’ practice also includes public financing. He works with industrial development authorities, indentured trustees and special districts to bring community and economic development projects to life in Arizona and beyond.
Title with Firm: Shareholder Years at Firm: 32 Law School: University of Pittsburgh Contact Phone: (602) 440-4819 Other Practice-Area Expertise: Creditors’ Rights & Public Finance
Company Name: Ryley Carlock & Applewhite
Year Established Locally: 1948
Main Local Office Address: 3200 N. Central Ave., Suite 1600, Phoenix, AZ 85012
Number of Offices in Metro Phoenix: 3
Phone: (602) 440-4800
Managing Partner: James E. Brophy
Top Practice Areas: Corporate and Securities, eDiscovery and Managed Review, Estate Planning and Trust Administration, Labor and Employment, Litigation, Water and Environmental Law
City Nationally Headquartered: Phoenix
Sanders & Parks delivers broad insight and great litigation results by leveraging decades of experience through creative and forwardthinking attorneys.
Title with Firm: Senior Shareholder Years at Firm: 26 Law School: Georgetown University Contact Phone: (602) 532-5783 Other Practice-Area Expertise: Municipal Defense, Civil Litigation
Title with Firm: Senior Shareholder Years at Firm: 32 Law School: University of Arizona Contact Phone: (602)-532-5720 Other Practice-Area Expertise: Insurance litigation, Personal Injury, and Construction Litigation
Medical Malpractice Defense
Robin Burgess is an experienced litigator who emphasizes complex injury cases, such as healthcare, medical malpractice, product liability, professional liability, employment law, personal injury and municipal liability. She has tried cases in state and federal courts, on issues ranging from complex medical negligence claims to police useof-force and constitutional claims, and has argued appeals in all of Arizona’s courts and before the 9th Circuit Court of Appeals. She is a problem-solver who, in addition to being selected repeatedly as a Super Lawyer, including recognition as one of the Southwest’s 25 top women attorneys, has also been recognized by Best Lawyers in America and other publications as a top healthcare attorney nationally, and has been a legal analyst for CBS news.
Jeff Smith’s practice involves a broad range of tort litigation matters including product liability, personal and catastrophic injury, insurance coverage and liability law, public entity defense, dram shop, marine liability, and appeals. Regarding product liability, Mr. Smith regularly represents manufacturers in nearly every significant manufacturing market including small and medium size manufacturing companies to Fortune 500 manufacturing companies, and regularly defends claims involving damages in excess of seven figures. Mr. Smith is AV rated by Martindale Hubbell and has been selected as an Arizona Southwest Super Lawyer. As an undergraduate, Mr. Smith was captain of the University of Wyoming football team.
Title with Firm: Senior Shareholder Years at Firm: 15 Law School: Florida Coastal Contact Phone: 602-532-5686 Other Practice-Area Expertise: Personal Injury, Insurance Litigation, Municipal Defense
Garrick L. Gallagher
Mark G. Worischeck
Garrick Gallagher maintains a complex litigation practice that emphasizes high-exposure personal injury, insurance, commercial, and construction litigation. He has been interviewed by Dateline NBC, local news networks, the Los Angeles Times, and the London Times and handled cases that were featured in The Wall Street Journal and The American Lawyer. He advises and represents parties in complex personal injury, insurance, and business liability matters. He was recognized by Best Lawyers in America as 2019 and 2021 Lawyer of the Year and selected as one of Super Lawyers Arizona’s Top 50 Lawyers from 2012-2021.
Mark Worischeck is a trial attorney whose practice emphasizes complex litigation, primarily in the areas of personal injury, insurance, aviation, product liability and construction. Worischeck is often consulted by insurers, manufacturers, contractors, and aviation-related companies to handle high-stakes litigation. He is AV-rated and has been selected three times by Best Lawyers in America as “Lawyer of the Year” and selected by Super Lawyers as one of Arizona’s top 50 attorneys since 2010. He is also one of just a small group of lawyers in Arizona elected to membership in ABOTA – the prestigious trial organization.
Title with Firm: Managing Shareholder Years at Firm: 32 Law School: Washington University School of Law in St. Louis Contact Phone: (602) 532-5795 Other Practice-Area Expertise: Aviation, Personal Injury, Construction Litigation
Company Name: Sanders & Parks, P.C.
Year Established Locally: 1973
Main Local Office Address: 3030 N. Third St., Suite 1300, Phoenix, AZ 85012
Number of Offices in Metro Phoenix: 1
Top Practice Areas: Insurance Defense, Insurance Bad Faith, Construction Litigation, Medical Malpractice Defense, Civil Litigation, Municipal Defense, Personal Injury, Aviation
Managing Partner: Mark Worischeck
Phone: (602) 532-5600 ADVERTISING PROFILE
Snell & Wilmer is a full-service business law firm with more than 450 attorneys practicing in 15 locations.
Title with Firm: Partner Years at Firm: 31 Law School: University of Iowa College of Law Contact Phone: (602) 382-6235 Other Practice-Area Expertise: Internal Investigations/ International/ Government Regulations
Title with Firm: Partner, Practice Group Leader Years at Firm: 10 Contact Phone: (602) 382-6305
Barbara J. Dawson
Matthew P. Feeney
Corporate & Securities
Barb Dawson is a senior investigations and litigation partner. She serves on the firm’s elected Executive Committee and Compensation Committee. Dawson’s practice concentrates on assisting Fortune 500 businesses and boards of directors with internal investigations, complex litigation and regulatory compliance. On a national basis, Dawson is Chair Emeritus of the American Bar Association’s Section of Litigation. On an international basis, Dawson has served as chair of the board of directors for Lex Mundi, an international affiliation of 160 independent law firms world-wide. Her experience has included legal engagements, law-related presentations, projects and board of directors' duties on six continents.
As chair of Snell & Wilmer, Matthew Feeney’s practice is concentrated in the areas of mergers and acquisitions, securities offerings, SEC reporting and compliance, and corporate governance matters, including advising corporate boards and board committees. In June, Feeney completed his term as chair of Attorneys’ Liability Assurance Society, Ltd., a mutual insurance company that insures approximately 40% of AmLaw 200 firms. He continues to serve on that board. Feeney has also been involved in numerous civic and charitable organizations and currently serves on the boards of directors of Greater Phoenix Leadership, the Musical Instrument Museum and the Valley of the Sun United Way and chairs the Sandra Day O’Connor Institute for American Democracy and the Arizona Equal Justice Foundation.
Title with Firm: Chair Years at Firm: 38 Law School: Notre Dame Law School (1983) Contact Phone: (602) 382-6239
Labor and Employment
John Lomax counsels companies on a wide range of labor and employment matters. Companies hire Lomax to defend them in complex, class and sensitive litigation and to handle internal investigations. Lomax also regularly advises companies on traditional labor matters and how to handle difficult and sensitive senior executive transitions. In addition to his background, the Snell & Wilmer’s Labor & Employment practice group has been at the forefront of helping employers manage the pandemic-produced changes in the workforce.
Anne Meyer’s practice is concentrated in employee benefits, including compliance with the requirements of the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (“ERISA”). Meyer counsels clients on all aspects of qualified retirement plans, including pension and 401(k) plans, nonqualified deferred compensation plans, equity plans, nonqualified deferred compensation plans, and health and welfare plans. Meyer also advises employers on benefits and compensation issues in connection with corporate transactions and regularly assists clients in correction of violations under Department of Labor and IRS correction programs.
Other Certifications Supporting this Area: AV Preeminent Lawyer, Band 1 Chambers Listed Lawyer, Best Lawyers in America
Title with Firm: Partner Years at Firm: 18.5 Contact Phone: (602) 382-6595 Other Practice-Area Expertise: Executive Compensation
Other Practice-Area Expertise: Native American Practice, Energy, Nonprofit Governance
Company Name: Snell & Wilmer
Year Established Locally: 1938
Main Local Office Address: 400 E. Van Buren St., Suite 1900, Phoenix, AZ 85004
Number of Offices in Metro Phoenix: 1
Phone: (602) 382-6000
Managing Partner: Matthew P. Feeney, Chair
Top Practice Areas: Commercial Litigation, Labor and Employment, Real Estate, Intellectual Property, Corporate and Securities, Special Litigation and Compliance
City Nationally Headquartered: Phoenix
Snell & Wilmer is a full-service business law firm with more than 450 attorneys practicing in 15 locations.
Title with Firm: Partner Years at Firm: 25 Law School: University of Michigan School of Law, 1983 Contact Phone: (602) 382-6290 Other Practice-Area Expertise: Commercial Litigation, Class Action Defense
Title with Firm: Partner Years at Firm: 12 Law School: New York University School of Law, 2002 Universidad Autonoma de Guadalajara School of Law, 1998 Contact Phone: (602) 382-6335
Patricia Lee Refo
Professional Liability Litigation
Trish Refo is the president of the American Bar Association. Her practice is concentrated in complex commercial litigation and internal investigations, with extensive experience in professional malpractice defense, commercial and business torts, financial institutions litigation, class actions and trade secret litigation. She chairs the firm's Professional Liability Litigation group. Refo is a thought leader on litigation and trial issues and has been named one of the most influential women lawyers in the country by the National Law Journal (2007). She served on the Arizona Supreme Court's Advisory Committee on the Rules of Evidence and is a former member of the Advisory Committee on the Federal Rules of Evidence of the United States Judicial Conference.
Bahar Schippel chairs the firm’s Tax Group. Her practice is concentrated in complex transactional tax planning, including mergers and acquisitions, fund formations, and equity compensation for pass-through entities. She also regularly negotiates LLC and partnership agreements. Schippel is a nationally renowned tax attorney, and has served in leadership positions on the ABA Tax Section and the American College of Tax Counsel. Schippel is also the past chair of the Tax Section of the State Bar of Arizona and the Arizona Tax Advisory Commission. Schippel frequently speaks at national and regional tax conferences and contributes articles to top-tier tax publications.
Title with Firm: Partner Years at Firm: 21 Law School: Arizona State University, Sandra Day O’Connor College of Law, 1996. (J.D.); University of San Diego College of Law, 1998 (LL.M. in Tax) Contact Phone: (602) 382-6257 Other Practice-Area Expertise: Fund Formations, LLC and Partnership Agreements for Real Estate and other Complex Transactions
Carlos A. Sugich
Labor and Employment
Carlos Sugich's practice is concentrated in real estate development, hospitality, financing, leasing and cross-border business transactions in the U.S., Mexico and Latin America. Sugich led the firm in opening its first international office in Los Cabos, Mexico, and currently represents some of the most exclusive master-planned and resort communities in the area. In addition, Sugich regularly advises domestic and foreign companies in the establishment and operation of foreign subsidiaries and has written extensively in the areas of foreign investment and cross-border transactions. Sugich manages the Los Cabos Office and is a member of the firm’s Expanded Executive Committee.
Marian Zapata-Rossa defends employers against discrimination, harassment and retaliation claims, represents employers in disputes involving employment and arbitration agreements and restrictive covenants not to compete, and helps employers resolve administrative matters before state and federal government agencies. She also advises employers on all aspects of the employer-employee relationship with a focus on providing clients with business-oriented solutions to identify and mitigate risk and support diversity, equity and inclusion. To this end, Zapata-Rossa counsels employers on handling day-to-day employment issues, routinely conducts workplace investigations, and has trained thousands of managers and employees on preventing harassment and best practices in the workplace.
Other Certifications Supporting this Area Admitted to Practice Law in AZ and throughout Mexico
Title with Firm: Partner Years at Firm: 3 Law School: Howard University School of Law Contact Phone: (602) 382-6355 Other Practice-Area Expertise: Native American Affairs, Whistleblower Liability
Company Name: Snell & Wilmer
Year Established Locally: 1938
Main Local Office Address: 400 E. Van Buren St., Suite 1900, Phoenix, AZ 85004
Number of Offices in Metro Phoenix: 1
Phone: (602) 382-6000
Managing Partner: Matthew P. Feeney, Chair
Top Practice Areas: Commercial Litigation, Labor and Employment, Real Estate, Employee Benefits, Corporate and Securities, Special Litigation and Compliance
City Nationally Headquartered: Phoenix
Wilenchik & Bartness, P.C. provides aggressive, reasoned counsel to individuals and companies of all sizes in the areas of complex federal, state and criminal litigation and mediation.
Dennis I. Wilenchik Esq. General Civil Litigation
Title with Firm: Managing Partner Years at Firm: 30 Contact Phone: (602) 606-2810 Other Practice-Area Expertise: Business, Real Estate, White-Collar Criminal Litigation
Dennis Wilenchik’s practice focuses on civil litigation with an emphasis on civil business, real estate, white collar criminal litigation, and state and federal appeals. He is a nationally certified civil trial advocate and is a top-notch courtroom trial attorney. He has been a member of both the Trial Practice and Evidence committees of the American Bar Association. He has spoken at numerous seminars on trial practice, evidence and construction defects for various professional organizations and groups, and he has contributed to national publications on trial evidence and mold. Wilenchik is rated Martindale-Hubbell AV®-Preeminent™, the highest rating available under the Martindale Hubbell rating system, and is listed in the national Bar Register of Preeminent Lawyers. He has been named “Best Trial Lawyer” by Arizona Foothills Magazine, is a member of the State Bar of Arizona, Top Rated Lawyers, Lawyers of Distinction, Rue’s Best Attorneys of America, Arizona’s Finest Lawyers and The Fellows of the American Bar Association. He is a diplomate of the Hasting’s College of Law Trial Advocacy Program and the National College of Advocacy Trial Advocacy Program. Wilenchik serves as a commercial arbitrator for the American Arbitration Association and was appointed by Governor Babbitt to the Arizona Board of Physical Therapist Examiners, on which he served for five years, ending his term as treasurer. He was later appointed by the Governor to the Board of Naturopathic Physicians’ Medical Examiners. He was elected as chairman to the Town of Cave Creek Planning and Zoning Commission. Wilenchik has also served as a member of the Arizona Bar Associations Young Lawyers’ Practice Manual Committee, which established a civil practice manual for the State Bar of Arizona. He also serves on the advisory board of the Arizona Department of Real Estate.
John D. “Jack” Wilenchik Litigation
Title with Firm: Partner Years at Firm: 9 Contact Phone: (602) 606-2810 Other Practice-Area Expertise: Business Law, Election Law, Civil Rights
John “Jack” Wilenchik is a litigation and trial lawyer. He handles cases in business and employment law, civil rights, law enforcement matters, victim’s rights matters and tax audits/deficiencies. He has been named to the national Superlawyers list of “Top Rated Attorneys” by Thomson Reuters. In 2018, he obtained the largest jury verdict in Mohave County history (at $8 million, including $1.768 million in punitive damages). In 2017, he was the first person to be contacted by the White House with the news that President Donald J. Trump had issued his first pardon, and to receive an official copy of the pardon (on behalf of Joseph M. Arpaio). Wilenchik practices in all Arizona state and federal courts, the Ninth and Tenth Circuit Court of Appeals, the United States Supreme Court, and United States Tax Court. Wilenchik is committed to charity, in both his personal and professional life. He has taken on various cases and causes over the years pro bono, including a unique case on behalf of a child victim that reached the United States Supreme Court. In late 2016, Wilenchik authored a bill to protect child victims that was introduced into the Senate by United States Senators Jeff Flake (R-AZ) and Dianne Feinstein (D-CA) as co-sponsors. Wilenchik has served as a volunteer attorney for the National Association for the Advancement of Colored People, the Rutherford Institute and the Goldwater Institute, as well as a liaison and special advisor to the Maricopa County Community Legal Services Volunteer Lawyers Program. Wilenchik has also served as a regular volunteer for the Wills for Heroes program, which prepares wills for law enforcement and first responders. Less than one week after taking the bar exam, Wilenchik donated a kidney to his mother, attorney Becky Bartness.
Company Name: Wilenchik & Bartness, P.C.
Year Established Locally: 1991
Main Local Office Address: The Wilenchik & Bartness Building 2810 North Third St., Phoenix, AZ 85004
Number of Offices in Metro Phoenix: 1
Managing Partner: Dennis I. Wilenchik Esq.
Top Practice Areas: Business litigation, real estate litigation, white collar criminal litigation, election law, appeals
City Nationally Headquartered: Phoenix
Huge teams. Hidden costs. Everything on the meter. Sorry, that’s just not us. Our clients hire us to understand who they are and what they want, whether that’s leaner teams, transparent budgets or alternative fee arrangements. We continually monitor and evaluate their needs, anticipating the value they demand – delivered the way they want it. Find out more at swlaw.com.
Albuquerque | Boise | Denver | Las Vegas | Los Angeles | Los Cabos | Orange County Phoenix | Portland | Reno | Salt Lake City | Seattle | Tucson | Washington, D.C.
Aker, Andrea, 34
Elliot, Doc, 45
Johnson, Chris, 18
Ramsey, Dizzie, 10
Albee, Michael W., 61
Encinas, Carlos, Dr., 20
Johnson, Eric B., 24
Rembiesa, Barbara, Dr, 22
Beller, Courtney, 24
Feeney, Matthew P., 65
Johnston, William, 16
Riggs, Peter, 24
Benken, Sarah, 12
Ferguson, Todd, 35
Judiscak, Kevin, 62
Rofo, Patricia Lee, 66
Berg, Chris, 11
Fierro, Stephanie A., 24
Kallkman, Ben, 10
Rogers, Eileen, 44
Black, Joshua, 24
Finley Green, Brigitte, 62
Kanter, Joshua, 47
Rose, Jordan, 14
Fleming, Ed, 60
Kay, Braden, Dr., 54
Sarhangian, Byron, 24
Breidenbach, Phil, 15
Frutkin, Jonathan, 24
Kelly, Mark, Senator, 9
Schippel, Bahar, 66
Brown, Brené, Dr., 44
Gallagher, Garrick L., 64
Kerner, Christie, 14
Shill, Otto, 24
Brown, Walt, 16
Gerszewski, David, 61
Labadie, Nick, 14
Smith, Jeffrey, 64
Buchta, Heather, 24
Giles, Nancy R., 39
Lee, David, 46
Snyder, Angela Sticca, 10
Burgess, Robin, 64
Gill, Anne, 52
Lewis, Tamalyn, 62
Sorensen, Jesper B., 35
Burwell, Jennifer, 51
Gormley, Adrienne, 13
Lomax, John, 65
Soto, Jorge, 20
Butler, Tyler, 40, 42
Gratigny, brian, 20
Macre, Heather, 24
Sugich, Carlos A., 66
Carroll, Glenn R., 35
Harman, Stuart, 35
Mastro, Dennis, 42
Sweeney, Sheryl A., 63
Charles, Rob, 24
Harrison, Jonae, 54
Mastro, Jeff, 42
Taillard, Marie, 35
Clark, Suzanne, 54
Herbert, Jeff, 50
Mastro, Mike, 42
Van Assche, Lorena, 63
Clisham, Patrick, 62
Herzog, Bill, 12
Meyer, Anne, 65
von Arentschildt, Charlie, 15
Collin, Béatrice, 35
Honea, Lauren, 24
Morini, Mike, 22
Weiers, Jerry, Mayor, 16
Dalrymple, Mick, 54
Howarth, Dawn, 35
Nadir, Aneesah, Dr., 54
Wilenchik, Dennis I., 67
Dana-Kobey, Susan, 60
Hozack, Rod, 35
Owens, Karen, 24
Wilenchik, John D., 67
Dawson, Barbara J., 65
Hughes, Amber D., 63
Pérez, Alejandro, 24
Woods, Corey, Mayor, 54
Dekker, Kris, 24
Hutchins, Jake, 53
Powell, Jessica Benford, 63
Worischeck, Mark G., 64
Dulberg, Mike, 60
Jasa, Carla Vargas, 48
Raleigh, Bob, Dr., 70
Zapata-Rossa, Marian, 66
11Eleven Consulting, 40, 42
Rocket Media, 10
Aker Ink, 34
Dominick’s Steakhouse, 42
Ryley Carlock & Applewhite, 63
Arizona Commerce Authority, 2, 72
KNOW Women, The, 12
Sanders & Parks, 64
Arizona Commission for the Deaf and the Hard of Hearing, 41
Engelman Berger, P.C., 62
Law Office of Joshua Black, P.L.C., 24
Snell & Wilmer, 24, 65, 66, 68
Equality Health, 33
Lewis Roca Rothgerber Christie L.L.P., 24
Spencer Fane L.L.P., 24
Arizona Community Foundation, 19 Arizona Gives Day, 17 Arizona@Work, 2 BioLab Sciences, 20 Bird Dog Industrial CRG, 15
Fennemore Craig, P.C., 24 First Bank, 8 Fully Loaded Deliveries, 11 Giles Law, PLLC, 39
LionHeart Security Services, 12 M3 Junk Removal, 12 MJ Insurance, 20 My Little Mascara Club, 14
Burch & Cracchiolo, 60
Health Information Management Systems, 12
National Technical Institute, 46
Camelot Homes, 15
International Association of IT Asset Managers, 22
Ocean 44, 42
CBRE, 15 Citadel Law, 61 Coppersmith Brockelman, P.L.C., 24 Crumbl Cookies, 49 Curaleaf, 12 Delta Dental, 40 Desert Financial, 7 Diversified Partners, 16
Jaburg Wilk, 24 Jennings, Strouss & Salmon, P.L.C., 24 Jive, 8 JLL, 15 Johnson Carlier, 18 Johnston & Co., 16 Just Energy Entertainment, 10
In each issue of In Business Magazine, we list both companies and indivuduals for quick reference. See the stories for links to more.
One Creative View, 44 OptumCare, 21 PathSight, 70 Phoenix Training Group, 45
Sran Spirits, 12 State Bar of Arizona, 59 Steak 44, 42 StreetLights Residential, 16 Superstition Downtown Meadery, 50 Taxanista, 10 Tempe Chamber of Commerce, 51 United States Senate, 9 UnitedHealthcare, 5 Valley of the Sun United Way, 48 VanTrust Real Estate, 15
Waste Management Phoenix Open, 3
ProShred AZ, 12
Wilenchik & Bartness, 67
Quarles & Brady L.L.P., 24, 33, 58
WorkForce Software, 22
Radix Law, 24
Bold listings are advertisers supporting this issue of In Business Magazine.
A CANDID FORUM
Behavioral Patterns Impact Communication Different perspectives inform what people ‘hear’ by Dr. Bob Raleigh
Bob Raleigh, Ph.D., is the founder and managing partner of PathSight. As the author of the book The Search for Why, Dr. Raleigh has captured the evolution of the Model of Why for use as a tool for personal insight, a lens to understand the world of work, and, at the population level, a research tool to be applied to any market segment. pathsight.com
Two years ago, when setting out to write The Search for Why, the tools we had at hand were not up to the task to adequately answer the question of why we do what we do. So, we set out to use the best science from the related fields of data science, neuroscience and behavioral science to build a Model of Why. Since the dawn of civilization, the greatest thinkers in the world have debated the origins of choice and motivation, and the tug-of-war between reason and emotion. Over time, the search for why has inspired journeys both mundane and profound. In today’s world, engaging people represents the most complex challenge in the most complex network that we have ever faced. When we understand why we do what we do, we will be able to respect how each other’s point of view has evolved, define our collective aspirations and begin to move beyond our collective “echo systems.” We are all now accustomed to being reduced to a demographic: man, woman, Black, white, old, young. But, while these factors may inform our lived experience, what if there is something more fundamentally important that determines our behavior? PathSight Predictive Science has pioneered a new model that draws on the latest findings in neuroscience, data science and behavioral science to classify people in five distinct groups, depending on what they instinctively care about most: nurturing, fairness, loyalty, authority or purity. These five universal biologic instincts are all tied to survival and are distributed in patterns, or “Mixes,” across any given population. Knowing someone’s Mix is the key to understanding their worldview and unlocking a communication strategy that will resonate with them deeply. This is the key to unlocking the why. An individual’s worldview is a pattern (or “mix”) of five universal biologic instincts all tied to survival: • Worldview 0: universal donor, appeal across all five domains, very engaged and self-aware
Current research shows that 25% of new hires leave their job in less than two years.
• W orldview 1: Centrist with a lean toward social binding, supporters of the status quo, compassion tempered by tradition • Worldview 2: A world of individuals, compassion and fairness for all, tolerance for differences, damn conformity • Worldview 3: Authority; a real boundary between us and them; strong instincts toward social binding, traditions, conformity, security • Worldview 4: Detached, hard to reach, self-directed, with a personal focus, low need to judge If we become aware of our instinctual patterns and the ways they can influence our choices, values and future, we might harness a different type of personal power. With this in mind, we should operate with personal insights as to our own biases, an appreciation of how others see the world and, perhaps, the opportunity to understand any gap that might exist between them. If we are able to see and understand these differences, there is potential to discover a pathway to return to civility. With such an understanding, there may be less of an urge to assume that our own worldview is superior to others’. For example, one may see the irrationality in an Individuist’s willingness to “try the next new thing.” Or one might understand that, while a Social Binder can offer a different view of the “facts,” they might represent a huge, unforeseen disadvantage. If we are starting with the supposition of equally valid points of view and people can “hear” from differing perspectives, what might that portend? The Model of Why is an attempt to apply these learnings in the service of increasing empathy and solving big problems. By making communications more personal and insightful by using our Instinctual Patterns we can design campaigns by choosing the right words, images and themes to break through an increasingly complex marketplace. We are convinced that by implementing our Model of Why, we will be able to reintroduce a sense of Humanity back into the world today.
Stay Healthy. Return Smarter. Return Stronger. With public health top of mind, Arizona is moving forward safely and responsibly together.
Since the start, the state of Arizona has worked hard to keep Arizonans safe and healthy while slowing the spread of COVID-19. By continuing to follow the data and recommendations of public health officials, we can safely move forward with the next steps of Arizonaâ&#x20AC;&#x2122;s economic recovery. And as our stateâ&#x20AC;&#x2122;s businesses gradually reopen their operations, the Arizona Commerce Authority is here to continue offering tools and resources for families, workers and businesses to return stronger.