Network Magazine Spring 2021 | Issue 22

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SPRING 2021

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contents 06 Securing your 'key' during a volatile environment

08 How Do You Financially Survive COVID-19?

26 Hearing Loss and Cognition 28 COVID Vaccines: A Novel Approach to a Novel Virus

30 Challenging the Myths about

10 The Benefits of Mediation Psych Wards 12 Tax Fraud – The One Time You 34 Greater Lehigh Valley Should Not Live Like Martha Stewart

REALTORS® Release 2020 Annual Market Report

14 Add It To The List: The Covid-19 36 Seller Beware: Pocket Listings Vaccine Conundrum 38 Are you limiting your career?

18 Walk the Line Finding the Right Professional Coach for You 20 Influencing Success: Keys To Negotiating A Successful Social 40 Developing an attitude of Media Influencer Endorsement Agreemen

42 Understanding the Due Diligence Process

44 Desperate Times Call for Desperate Measures, Or Do They?

46 Private Island Escape 52 Cigar Reviews 54 Lotus Restaurant Group

gratitude will determine your altitude.

•adindex 39 About-Face

25 Historic Bethlehem Museum

16 Pride Abstract and

25 Alcom Printing 01 American Financial Network 50 Anthony Limousine 24 ArtsQuest 43 BMI Mergers & Acquisitions 07 Bridgeman Strategic

15 Hoffman Hlavac & Easterly 45 Huber, Waldron & Williams 53 John Brown & The Hatchets

56 Punch Garage 49 Robbins Rehabilitation 29 SmartSeal Injections 05 St Luke's OMS 27 Stinson Audiology 58 SURV Restaurant 29 The Barristers Club 09 The Wooden Match 51 Tri Outdoor 48 VIP Vacations Inc 17 xGolf Lehigh Valley

Development, LLC

Concepts

49 Budget Self Storage 57 Edge Restaurant and Lounge 13 European Wax Center 23 Fitzpatrick Lentz & Bubba 03 Greater Lehigh Valley Realtors

and Sites

(Tim Harakal)

33 Leukemia & Lymphoma Society

07 MC IT - Technology Managed 37 Morganelli Properties 11 Norris McLaughlin Attorneys at Law

31 Olde Homestead Golf Club 32 PenTeleData 19 PeopleFirst

Settlement Services

41 Herbein + Company, Inc. 2

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The partners of NETWORK MAGAZINE™ proudly present the latest edition of the Lehigh Valley's first ever, high end, business leader driven B2B magazine. Our goal is to continually present our readers relevant content to build your organization, from the region's top business leaders and experts on today’s industry news and trends.

Our leading contributors will continue to change quarterly, sharing information that stays fresh and current. The opinions, tips, and insights on how to best navigate business pitfalls are all provided by the Lehigh Valley's best thought leaders. Our writers are un-censored giving you profound insight from their years of experience from their given field of expertise.

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All Materials © 2021 Network Magazine, LLC. NETWORK MAGAZINE™ is a trademark of Network Magazine, LLC. All rights reserved. Reproduction in part or in full is strictly prohibited. NETWORK MAGAZINE™ is a quarterly publication. The views and opinions expressed in this publication are those of the authors and do not necessarily reflect the official policy or position of NETWORK MAGAZINE™. NETWORK MAGAZINE™ assumes no responsibility for content of advertisement. No representation is made as to the accuracy hereof and is printed subject to errors and omissions.

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Securing your 'key' during a volatile environment MIRIAM ZETTLEMOYER BRIDGEMAN STRATEGIC CONCEPTS

Of course, we hope to never have another global pandemic for the next 100 years. That will be our next few generations' problems, and hopefully, they will learn from history. Mistakes we made, what we could have done better/different, and have a better system to deal with it. The pandemic wasn't all bad. Many people have enjoyed working full time and just under the limit to get the "free" government money or stimulus checks. Two checks already, with a third pending as I write this. My advice would be to pay off debt, credit cards first, college debt and/or bank it in savings for that emergency that you know will come up. Potentially, a once-in-a-lifetime gift with no payback.

There are, however, businesses and people who benefited, or did they? If you worked in healthcare, your job is uber important. Even if you just graduated or heck not even a graduate yet, you were on the frontlines. Doctor and nurses, who when coming home spent months living isolated in their own homes for fear of passing on the virus. Sure, the overtime payments were great but really at what cost with so much stress and exhaustion. I am sure when our medical heroes took their oaths, they couldn't have imagined 2020!

The lack of toilet paper, paper towels, cleaning supplies, food, wipes, PPE and groceries. Understanding the circumstances around the world for people living life each day lacking basic needs. I am humbled to say we are lucky. The abundance our country has and can do is not something to be slighted. Many companies expanded and grew their business models like Door Dash, Uber Eats, and Instacart to meet our basic needs. Come on, how cool is it that your Door Dash driver went to Target to pick up your toilet paper and drop it off at your door with other necessities.

What did you find out about your business? You sent your staff home to work remotely for a couple of weeks while this thing burned out; oh wait, we are still working 6

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remotely. A year later, Zoom, Teams, and the need to put your pants on during a meeting rang true. How about, it's not a good sales practice to virtually impose antlers on yourself when giving that business pitch to prospects. Do you really need that large office space? Were you able to keep all your employees, and did the cream rise to the top? Did you identify that key person, or worse, did that key person leave? How much did that cost you not having a disaster plan in place and the right protection to cover the cost to replace that superstar? When you look at your employees and relationships in your business, we found there are things and people we could do without but somethings we could not. How can we solidify the employer, employee relationship to a more beneficial and meaningful item than just a job? There are planning techniques we can utilize to secure your employee to ensure that they won't leave for an extra dollar or two to another job or your competitor. Instituting key person carve-outs funded with insurance, operational funds, or other benefits that can be given to those who you can't do business without. This locks them into thinking twice about moving on from you and the company. These bonus structures can be set up for their future while securing yours. A strategy like this has been used for years. It offers both the employer and employee "skin in the game" rather than ownership in the company, which could often be messy for the "not all in" employee.

I'm certain we learned a lot about our businesses, and hopefully, very soon, our world will get back to normal.

Those who helped you continue your business, and relationships that kept your business running, don't forget that a 'thank you' will go a long way. Securing that forever thank you can be easily incorporated into your business plan. Talk to an advisor today who specializes in business planning for ideas to secure that key employee. During all that new normal chaos, remember those that kept us going in 2020!

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How Do You Financially Survive COVID-19?

MICHAEL WATERHOUSE | FINANCIAL ADVISOR INDEPENDENCE PLANNING GROUP The year is 2020. On January 1st, we celebrated a new decade, a time to refresh and be excited for this to be the best year and the best decade yet. One month later, we are declared to be in the middle of a global health emergency. Let's face it, 2020 came as a shock to everyone, and it left many of us worrying, questioning, and re-evaluating many aspects of our lives. The impacts were in many cases severe and unavoidable, yet some of the financial troubles could have been prevented.

Many of us realized that our jobs were not as certain as we believed that our emergency funds were not sufficient, our plan for the future was unclear, and forces outside of our control can disrupt what we thought to be a relatively stable life. This particular time period in our lives is unlike any other. However, it has opened countless eyes to the importance of financial preparation and planning for the unexpected. As a 8

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result of the pandemic, household savings rates have reached record levels. Life insurance and disability insurance applications have skyrocketed, and people are reaching out to professionals to guide them through making educated financial decisions. Although better late than never, these are most useful in the preparation of unforeseen events rather than as a reaction. So, what measures should we take to be prepared?

1. Have an emergency fund equal to six months of living expenses. This money should be easily accessible and relatively safe (i.e., a savings account, money markets, etc.)

2. Save 15% of your gross income, and be sure to save in various places instead of all eggs in one basket.

That means you should be allocating funds to other savings vehicles in addition to your retirement plan through work. The average savings rate in the U.S. MyNetworkMag.com

is under 6%, and saving 15% does not always happen overnight. However, anything 10% or above is a great start.

3. Buy individual life insurance to protect your family or your business. You will never be younger than you are today, and most likely, you are the healthiest you will ever be. I stress the individual life insurance because your group life insurance benefits can be lost if you no longer work for the company or if the company decides to terminate this benefit.

4. Evaluate your disability insurance plan through your work and/or any individually owned policies. Your largest asset is your income, and you should fully protect it.

5. Review your investment portfolios with a professional advisor to ensure you are appropriately invested based on your age, goals, risk tolerance, and other factors.

6. If you still have time on your side before spending your investment dollars, leave your money invested during the downturns. If you can wait out the downturns, you will likely be rewarded when your accounts rebound.

7. Get your legal documents in order. Consider setting up a will, living will, and a power of attorney.

The number of life events you could plan for are far too many to think about. However, you can create a plan to properly save, protect and prepare for life's unexpected events, as well as the planned events, such as retirement, children, and college expenses.

Take the initiative and seek expert advice. You may find that you, your family, and your business (if you are a business owner) are in a much healthier and prepared financial position. One day, ywou will be so glad you did. Please stay healthy and safe as we all get through these challenging times together.

Registered Representative and Financial Advisor of Park Avenue Securities LLC (PAS). OSJ: 1767 Sentry Parkway West, Suite 200, Blue Bell, PA 19422. (267) 468-0822. Securities products and advisory services offered through PAS, member FINRA, SIPC. Financial Representative of The Guardian Life Insurance Company of America® (Guardian), New York, NY. PAS is a wholly owned subsidiary of Guardian. Independence Planning Group is not an affiliate or subsidiary of PAS or Guardian. Trademarks of Guardian are used with express permission. CA Insurance License # 4057211 Add: 2021-117146 Exp 02/23

The Benefits of Mediation HON. EMIL GIORDANO (RET.) NORRIS MCLAUGHLIN P.A.

While all citizens are entitled to pursue resolutions to their disputes in court, traditional litigation is expensive, emotionally taxing, and unpredictable and yields unstable results.

Additionally, litigated cases can take several years to resolve themselves. While some cases need to be tried in front of a judge or jury, many are tried due to the miscalculation of one of the sides and occasionally both.

Mediation provides a chance for the parties to reach a consensus regarding the resolution of their case. Not only is mediation a less costly alternative to litigation, but it is also more flexible, less intimidating, and generally yields a resolution that satisfies both parties. Consider the following advantages of mediation:

It is more economical.

Litigation is very expensive; a sole court appearance can generate up to $10,000 in attorney fees. If your case is taken to trial, the costs accumulated over the entirety of the litigated matter can deplete any recovery that otherwise could be used to put your new life in order.

Mediation is much less expensive, with an average overall cost of about $6,000. Since the price is split evenly between the two parties, most people are looking at a cost of about $3,000.

It is rapid and efficient.

Litigation is a long and exhausting process; it often takes up to a year to receive a court resolution. Furthermore, parties can always appeal if they are unhappy with the verdict, so it can take several more years to reach a final resolution. Mediated disputes are typically settled within days, allowing the parties to resolve their cases quickly and proceed with their lives without the burden of waiting for their case to be heard, let alone appealed.

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It promotes healthier continuing relationships.

Disputes often arise among people whose relationships must endure over a number of years; in these cases, promoting amicability between the parties is essential.

Mediation is effective at addressing both parties' key interests, helping to determine the best possible outcome for both sides, and preventing hostility from infiltrating their future interactions. Additionally, mediation can help promote the cordial dissolution of a relationship, which is virtually unattainable with litigation.

It has a high degree of compliance.

Because mediation is a collaborative means of dispute resolution, it addresses both sides' arguments and wishes. It aims to generate a solution that produces the maximum benefit for both parties. Although mediation offers only a non-binding settlement, the parties are more likely to comply with a mediator's decision than with a jury's verdict since both sides reap the benefits of a resolution founded on common ground. Thus, the mediator's decision is likely to be sustained over time.

It is personally empowering.

Mediation gives people the power to negotiate their own settlements, granting them more control over the outcome of their dispute. This makes gains and losses more predictable and permits individuals to employ their personal authority in order to come up with a customized resolution.

It is effective.

Time and time again, mediation has been proven a highly successful method of dispute resolution. Because mediation allows people to exercise their personal influence and have their voices heard, mediators' decisions tend to be honored by the parties over time.

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Hon. Emil Giordano (Ret.)

At the heart of it all, we’re more than just lawyers.

We are more than just a collection of lawyers who practice together. We are teammates, colleagues, mentors, and friends committed to a philosophy of service that delivers on promises of quality, integrity, and value.

Our clients look to us as their trusted advisors and business partners and we are committed to their success, whether advocating for them in the courtroom, or by providing legal advice and counsel through the course of everyday business.

Offering complete legal solutions for individuals, families, and businesses, we do what we love, and we are driven by a common interest: your success.

Hon. Emil Giordano (Ret.), Co-Chair of the firm’s Litigation Practice Group, focuses his practice on estate and commercial litigation, and mediation and arbitration. He served as a presiding judge on the Court of Common Pleas of Northampton County, Third Judicial District, from 2004 through 2018. As an arbitrator and mediator, Judge Giordano is certified through Harvard Law School Negotiation Institute in Advanced Mediation and is a Member of the National Academy of Distinguished Neutrals.

We are Norris McLaughlin For more information, please visit www.morethanjustlawyers.com.

515 West Hamilton Street I Suite 502 I Allentown, PA 18101 I 610.391.1800 Allentown I Easton I New Jersey I New York

TAX FRAUD – The One Time You Should Not Live Like Martha Stewart SARAH CHARETTE AND R. NICHOLAS NANOVIC GROSS McGINLEY ATTORNEYS AT LAW

Snow is melting, and the flowers are blooming. It is everyone's favorite time of year - tax season. Barry Goldwater once said, "the income tax created more criminals than any other single act of government." The Internal Revenue Service estimates that approximately 83.6% of taxes are actually paid voluntarily and on time each year. The remaining 16.4% amounts to roughly $441 billion of missing tax revenue. When all is said and done, after late payments and enforcement efforts are considered, the "tax gap" is estimated to be $381 billion. So – what should you do if you receive a Notice from the IRS? Panic and start planning the interior design of your prison cell? In most cases, you could be facing civil penalties for failure to pay your taxes. However, in some cases, the IRS may charge you with civil tax fraud (IRC §6663), criminal tax fraud (IRC §7206), and/or tax evasion (IRC §7201).

Civil Tax Fraud: So How Much Do I Owe? For those of us who need a calculator to figure out the tip on your restaurant tab - the penalty for civil tax fraud is 75% of the portion of the underpayment that is due to fraud. In other words, if you report and pay $20,000 of taxes, but IRS discovers that you owe an additional $10,000 of taxes that were not reflected on the tax return due to fraud, then your fraud penalty would be $7,500 – in addition to paying the $10,000 in taxes you still owe.

The IRS bears the burden of establishing, by clear and convincing evidence, that there has been an 12

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underpayment of tax and that the underpayment is due to fraud. Under these circumstances, fraud requires actual, intentional wrongdoing and the specific purpose to evade a tax believed to be owing. Because a person's intent can be difficult to establish on its face, courts have inferred fraudulent intent from various "badges" of fraud. In contrast to the accolades of a Girl Scout, these "badges" include: (1) understating income, (2) maintaining inadequate records, (3) failing to file tax returns, (4) providing implausible or inconsistent explanations of behavior, (5) concealing income or assets, (6) failing to cooperate with tax authorities, (7) engaging in illegal activities, (8) attempting to conceal illegal activities, (9) dealing in cash, (10) failing to make estimated tax payments; and (11) filing false documents.

If the IRS alleges civil tax fraud, you will receive official notice of such a charge – the mail no one wants to get. To defend yourself, you will need to prove the non-existence of as many "badges" of fraud as possible. The IRS has no magic number of "badges" of fraud that it must prove to assess the penalty for civil tax fraud. For example, proving a taxpayer's filing of false documents may be sufficient without any other "badges" to justifiably assess the civil tax fraud penalty. You may also avoid civil tax fraud penalties if you can prove that you justifiably relied on third parties (accountants, bookkeepers, etc.) when preparing your tax return.

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Criminal Tax Fraud – Yikes – Did I Pull a Wesley Snipes?

The penalty for criminal tax fraud is a fine of no more than $100,000 a person ($500,000 in the case of a corporation), imprisonment of up to three (3) years, and payment of prosecution costs. In comparison to civil tax fraud, in this case, the IRS has to prove its case beyond a reasonable doubt – a more difficult burden. The IRS generally prosecutes a taxpayer for criminal tax fraud when it is too difficult to prosecute the taxpayer for criminal tax evasion. To establish criminal tax fraud, the IRS must prove (1) the person believed that the tax return was not correct, (2) willful intent, (3) significance, and (4) the document in question was made under penalty of perjury. Additionally, if a taxpayer pleads guilty or is convicted of tax fraud– he or she is prevented from contesting the civil penalty, an additional liability that is compounded on top of the fines and costs already owed in the criminal matter.

Criminal Tax Evasion: What If I am in the Same Situation as "The Situation"?

payment of the costs of prosecution. Like criminal tax fraud, the IRS has the burden of proving tax evasion beyond a reasonable doubt. To be convicted of criminal tax evasion, the IRS must prove that the person willfully attempted in any manner to evade or defeat any tax. More specifically, the IRS must establish through evidence (1) the existence of a tax deficiency, (2) an affirmative act constituting an evasion or attempted evasion of tax, and (3) willfulness. Again, if an individual pleads guilty or is convicted of criminal tax evasion, that taxpayer cannot challenge the civil penalty and will be required to pay the civil fraud penalty in addition to the substantial fines and costs of your criminal case.

Tax fraud and evasion may be charged if you fail to report income, fail to provide information or provide incorrect information on your return, claim wrong or inflated deductions, partake in abusive tax shelters, and/or use an incompetent tax professional to prepare your return – but there are valid defenses that can be pursued on your behalf. In a nutshell, if you get a notice from the IRS – your first call should be to an attorney, not your mom, to see if she will still visit you in prison.

The penalty for criminal tax evasion is a fine of no more than $100,000 per person ($500,000 in the case of a corporation), imprisonment of up to five (5) years, and

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Add It To The List: The Covid-19 Vaccine Conundrum EDWARD J. EASTERLY HOFFMAN HLAVAC & EASTERLY Remember January of 2020? Everyone was blissfully ignorant that people apparently did not know how to wash their hands or cover their mouth if they sneezed. There were no arguments about masks or social distancing in the workplace. The good old days. Since March of 2020, the COVID-19 pandemic has held the country hostage, caused heartbreak for families, and has altered the way people interact and conduct business. The COVID-19 vaccines, however, provide some semblance of hope that we can one day return to normal, both in our personal lives and in the workplace. With the vaccine comes various questions: Can an employer mandate that its employees receive the vaccination. The answer, not surprisingly, is not a simple "yes" or "no."

Employers must adopt a written policy which informs employees of their rights to request a waiver, the time period to provide such a waiver request, the information which must be provided, and the consequences for failing to receive the vaccination if the waiver is not obtained.

With regard to the question of "can" an employer mandate the vaccine, the answer is "yes, but." In December of 2020, the Equal Employment Opportunity Commission ("EEOC") issued Guidance addressing the issue of mandating the vaccination. According to the EEOC Guidance, employers can require workers to get vaccinated against COVID-19, with certain exceptions.

By way of example, if an individual has a medical condition that may cause them to have a severe allergic reaction to the COVID-19 vaccine or a religious belief that precludes them from receiving the vaccine (i.e., certain Catholic leaders have raised concerns about the Johnson & Johnson vaccine), an employer cannot mandate that employee receive the vaccination. In such cases, the employer must offer a reasonable accommodation to the employee, such as working remotely or continuing to wear a mask, as long as the accommodation does not cause an "undue hardship" for the employer. If there is no accommodation possible, the employer will need to determine if the employee has other rights under federal, state, or local laws, including the ability to take unpaid leave under the Family and Medical Leave Act or the Americans with Disabilities Act ("ADA").

In this regard, employers must provide a waiver process for individuals who are unable to receive the vaccination for medical reasons or due to a sincerely held religious belief.

Employers must be mindful that if a religious belief is an issue, they should not act as if they are Magnum P.I. Unlike a medical inquiry, an employer should not generally

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the individual; inform the individual that they are not permitted to work until they obtain the vaccine, or it is no longer a requirement of the workplace, or terminate the individual's employment. Employers must be consistent with their handling of these matters. As with any policy, an employer cannot treat employees dissimilarly, or it may open the door for a different type of discrimination lawsuit.

request supporting information or documentation to verify a sincerely held religious belief. If, however, there is an objective basis for questioning the sincerely held religious belief (think of George Costanza and the "Human Fund" in Seinfeld), an employer can request supporting information. Employers must err on the side of caution when questioning a religious belief and only do so if there is a legitimate reason based on the factors set forth herein.

Employers must also be mindful of the ramifications if an employee refuses to receive a COVID-19 vaccination and does not have a medical or religious reason for such a refusal. If the foregoing were to occur, the employer should discuss with the employee to determine the reason(s) for refusing the vaccination and attempt to clarify the issues. If the employee continues to refuse the vaccination, an employer can attempt to accommodate

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If an employer decides not to mandate the COVID-19 vaccine but merely recommends that workers receive the vaccination or provides some "incentive" to receive the vaccine, additional issues should be considered.

Pursuant to the EEOC Guidance, employers are permitted to request that employees provide proof of the COVID-19 vaccination. However, employers should not extend any line of questioning beyond "did you or did you not receive the vaccine." If an employer requests information from its workers as to "why" an individual did not obtain the vaccine, it may elicit information on medical information and therefore come under the auspices of the ADA. If an employer wishes to provide an "incentive" to employees to receive the vaccine, it must ensure that any such incentive programs are in compliance with the applicable state, federal, and local laws to avoid claims of discrimination in the workplace.

No matter how an employer decides to proceed with regard to the COVID-19 vaccine, it is likely to cause issues in the workplace. As such, employers must be prepared with a well-written policy and the ability to answer questions on the vaccine. Hopefully, by January of 2022, we are back to in the realm of normal and dealing with regular workplace problems (but still questioning who knows how to wash their hands properly).

Hoffman Hlavac & Easterly represents private and public employers in all aspects of the employment relationship. The Firm’s clients include employers of all sizes in a broad industry range, including health care, banking, manufacturing, education, retail, hospitality, and car dealerships. HHE can help your company with all of its employment related needs and ensure that you are not the next target for an employee’s claims. www.HHE-Law.com

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In 1981, The National Highway Traffic Safety Administration, or NHTSA, sponsored research to test the accuracy of tests to which led to the development of the SFST. This is a battery of three tests intended to be administered by police officers in a standardized way to assist them in evaluating whether a driver may be under the influence and establish probable cause for the arrest. The three tests used for the SFST are the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand.

If, between the two eyes, four or more clues appear, it is indicative of having a Blood Alcohol Content (BAC) above .08%.

HGN

Walk and Turn

The first test that should be administered is the HGN. In this test, the officer is looking for an involuntary jerking of the eyes as the eyes track to the side, or nystagmus. An alcohol-impaired person will be exaggerated and show nystagmus at lesser angles, and the person will also have trouble smoothly tracking a moving object with their eyes.

When performing the test, the officer will ask a suspect to track a small object, such as a pen or the tip of the officer’s finger. The clues the officer is looking for are:

The second test to be administered is the Walk and Turn. This is a divided attention test where the person is expected to perform certain tasks during an instruction and a walking stage. The person is directed to stand in one place as the officer gives instructions for the test. Then, he or she is directed to take nine heel-to-toe steps along a straight line (real or imaginary). After taking nine steps, he or she turns on one foot and returns to the starting point in the same manner. The officer is looking for the following eight clues:

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• Distinct and sustained nystagmus at maximum deviation • Onset of nystagmus prior to 45 degrees

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• The person cannot keep balance while listening to instructions • Begins before instructions are finished • Stops while walking • Misses heel-to-toe • Steps off line • Raises arms for balance • Makes an improper turn • Takes incorrect number of steps If the officer notes two or more clues, it is indicative of having a BAC of .08% or higher.

One Leg Stand The third and final test to be administered is the one leg stand. It is exactly what it sounds like: the person is asked to stand with one foot raised and count by thousands until told to stop. The clues the officer may see are:

• Swaying while balancing • Using arms to balance

• Hopping to maintain balance • Putting the foot down Exhibiting two or more of these clues is indicative of having a BAC above .08%.

There are limitations to these tests. First, they were only validated when used to look for signs of impairment for alcohol. However, officers will routinely use them in all suspected DUI cases, even though they have not been studied for use in detecting impairment by drugs.

Certain health conditions and medications can also affect the person’s ability to perform the tests. Also, they are not as accurate as one would think. The initial study found that the HGN was only correct in 77% of cases; the Walk and Turn was correct 68% of the time, and the One Leg Stand was correct just 66% of the time.

The SFST should merely be used as a guide by officers to assist them in identifying impaired drivers. Any clues they see should be part of a bigger picture and all observations need to be taken into account when making a decision whether to arrest a person for DUI.

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Influencing Success: Keys To Negotiating A Successful Social Media Influencer Endorsement Agreement KENNETH R. CHARETTE, SHAREHOLDER FITZPATRICK LENTZ & BUBBA

Social media is becoming more and more entrenched in our daily lives. Recent studies show that well over 70% of Americans have an account on at least one social media platform. While the use of social media continues to grow, the application of these platforms goes beyond communication uses. It delves into areas such as shopping or providing health, fitness, or wellness advice.

As a result, the value of social media as a business marketing tool has never been higher. Businesses have been pouring marketing dollars into social media over the past decade, and, in 2021, experts estimate that U.S. social media ad spending will approach $49 billion.

One of the most common ways businesses have attempted to cash-in on the popularity of social media networks is by utilizing social media "influencers" to endorse their products and spread brand awareness.

A social media "influencer" is effectively an individual: (i) whose social media account(s) has a strong "following," either in terms of raw numbers of "followers" or in terms of the ability to reach consumers in a certain target demographic; and (ii) who gets paid to "post" image(s), video(s) or other content on their social media account endorsing, or otherwise marketing, the products, and services of businesses. An influencer could be anything from a traditional celebrity (think a "Kardashian"); to professional athletes (both in terms of the "major" sports leagues [NFL, NBA, MLB, etc.], as well as triathletes, runners, bikers, swimmers and other high-level "Olympic" or "endurance" sports athletes); to personal trainers, wellness experts, chefs, parenting bloggers, online "gamers," travel bloggers and any other individuals with strong followings within their respective niche. In fact, over the last few years, the types of influencers have proliferated greatly, with influencers now filling every conceivable niche and sub-niche.

Social media influencers can provide a great marketing value for businesses, as their endorsement activities provide companies with a way to directly reach, engage and interact with whatever sub-segment of consumers they deem to be their desired target market. In addition, influencer content always has the ability to go "viral" (meaning that the post is "liked" and "re-shared" by numerous followers), which obviously can provide, at no additional cost, enhanced PR and marketing benefits.

Therefore, there are many great reasons why a business may elect to utilize social media influencers to market its products or services. However, when doing so, it is extremely important to have a written endorsement agreement with each influencer that clearly outlines each party's rights, responsibilities, and compliance obligations. Here is a brief summary of certain key MyNetworkMag.com

topics that should be addressed in any good influencer endorsement agreement.

CONTENT PRODUCTION / CONTENT OWNERSHIP The heart of any social media influencer endorsement is to clearly define what "content" the influencer will produce and post for your company. Specificity is absolutely crucial to avoid future issues down the road.

A few common issues to consider: • What is the required format (blog or other written post, image, video, etc.) and the length of the post?

• What is the desired content of the posts?

• At what intervals will the posts be made and on what platform?

• How long must each post remain visible on the applicable platform?

• How will the influencer be expected to promote their posts?

Perhaps most importantly, the agreement should require that the company have the right to approve all influencer "content" before it is posted on any social media platform.

CONTENT OWNERSHIP The agreement should also clearly address the often ambiguous topic of content "ownership." Does the company or the influencer own any content created as a result of the agreement? Alternatively, the parties may adopt a "hybrid" model as a compromise, for example, where the influencer maintains ownership of their content, but the brand can use it however they wish for a specified period of time.

EXCLUSIVITY It is important to consider whether the arrangement should be "exclusive" during the term of the endorsement agreement. In other words, should the influencer be restricted from endorsing products/ services that are similar to or competitive with those offered by your company during the length of the campaign (and optionally, for a time period afterward)?

If appropriate, any exclusivity obligations could be structured to (i) identify a specific product or service categories the company requires the influencer to avoid; or (ii) provide the influencer with a definitive list of prohibited competitors. In either case, expect resistance from the influencer on overly broad exclusivity NETWORK MAGAZINE™

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arrangements, particularly if they derive the majority of their income from endorsement services. Moreover, as a general rule of thumb, the more "famous" an endorser is (and therefore, the more bargaining power they have), the more difficult it will be to get them to agree to exclusivity restrictions.

COMPENSATION Every social media endorsement agreement should clearly articulate how and when the influencer will be paid. There are almost infinite variations as to how an endorser may be paid, but some common examples include: (i) fixed-fees per engagement; (ii) payments based on the number of posts that the influencer will make or the number of followers that they have; (iii) "per click" or other commission/performance-based models, which structure payments based on the number of consumers conversions; or (iv) a hybrid model of the above-stated options.

FTC COMPLIANCE / ENDORSEMENT DISCLOSURES Certain Federal Trade Commission ("FTC") rules and regulations apply when companies use endorsements in connection with their advertising. The FTC's rules effectively establish a basic truth-in-advertising principle that endorsements must be honest and not misleading.

Put differently, an influencer's endorsement must reflect their honest opinion and can't be used to make a claim that the applicable company otherwise could not legally make regarding its products or services.

In addition, if the influencers have been paid or given something of value to endorse the product or service, then FTC rules require that they disclose that the posts are paid advertisements. The FTC reasoning for this requirement is that a consumer may find this information to be important information when evaluating the endorsement. FTC rules require that any such disclosures be clear, unambiguous, and visible (and what this means in the context of social media posts has been the subject of various written guidance issued by the FTC). Adding certain "tags" like #paid #sponsored, or #ad to posts can be sufficient (when such disclosures are "above the fold"). In contrast, other tags, such as #partner, #ambassador, and #thanks [brand], without further context, are generally not sufficient to comply with FTC.

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A failure to properly disclose paid relationships can result in both FTC fines and lawsuits from consumers.

TERMINATION In what circumstances should the Company have the right to terminate the endorsement agreement?

Obviously, if the influencer breaches the terms of the endorsement agreement, such as failure to produce, post, and promote the required content at the applicable intervals, then that would be justifiable grounds for terminating the contract. But what if the influencer is convicted of a crime, engages in offensive behavior, or is involved in any sort of public scandal or controversy that might: (i) severely reduce or limit the value of their endorsement; or (ii) otherwise reflect negatively on your brand? In those instances, you will want to have the ability to terminate the agreement as well.

DATA In order to determine whether the endorsement had the desired effect, it is often useful if the company is provided access to the influencer's metrics/data, such as viewing and engagement figures. If you desire this type of information, the agreement should clearly outline what information you expect your influencers to provide (and how often they are expected to provide it).

FINAL THOUGHT Like any other business arrangement, having a written agreement in place with your endorsement partners is always advisable, and in both parties' best interest, as it can provide: (i) an opportunity to clearly define each party's roles and expectations; and (ii) a roadmap for resolving any future disputes.

As always, legal counsel should be involved in structuring any such arrangement.

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Hearing Loss and Cognition DR. JENNIFER STINSON AU.D. STINSON AUDIOLOGY SERVICES LLC According to the Centers for Disease Control, hearing loss affects about 40 million Americans between the ages of 20-69. It may seem dramatic to say, but this puts hearing loss in the category of a national health crisis. In addition to that, there

has been a lot of research connecting hearing loss to cognitive decline or dementia. Dementia is a general term for the cognitive deterioration that includes loss of memory and intellectual function.

The exact correlation has been difficult to define

and for researchers to document as well as whether hearing aid use or amplification can reverse the decline. There is a lot of speculation both in the literature and hearing aid advertisements about this correlation. You may stumble upon some mixed information, so outlined below is a quick and basic explanation so that you can make informed decisions regarding your hearing healthcare.

In simple terms, cognition is defined as mental processes. When defining cognitive function, you must consider the mental processes of how well you obtain, organize and use knowledge. Hearing is how we often obtain information or knowledge. The connection between what we hear and what we do with what we hear is very important. There are many cognitive processes related to understanding and comprehending speech sounds. When you have hearing loss, you are often unable to hear certain speech sounds. For example, if a person has hearing loss, they may often say, "I can hear you, but I can't understand what you are saying." People who have milder hearing loss may communicate 'just fine' in quiet situations and not even realize they have a hearing loss. This is due to the brain's ability to use knowledge of language and the content of the conversation to fill in what letters or words may be missing due to hearing loss.

Let's consider the same person with the mild hearing loss and put them in a room with ample background noise. The noise further degrades the speech signal, so it is even harder to use knowledge of language to fill in the missing words or sounds. In this case, the person with the mild hearing loss must work even harder to hear or process what is being said.

The person with hearing loss can become frustrated and fatigued during the conversation.

follow a conversation is now declining. Thus, making it even more difficult to mentally process the speech mixed in with the background noise. In this scenario, the person with hearing loss and compounded by reduced cognition function may start to completely remove themselves from conversations that are difficult to hear. This also introduces the connection between hearing loss and depression or social isolation.

Research conducted by Dr. Frank Lin from Johns Hopkins University identifies this as increased cognitive load. The hearing loss is causing more of a challenge in obtaining information or knowledge.

As previously stated, there is no current research stating that wearing hearing aids will prevent further cognitive decline. What we do know is that untreated hearing loss can cause social isolation, depression, and an increased risk of falls. If you have any risk factors that may increase your chances of having a hearing loss at a younger age, you should have your hearing tested. A few common risk factors for hearing loss include a family history of hearing loss, occupational or recreational noise exposure, balance problems, diabetes, and heart disease. If this is you, have conversations with your primary care doctor regarding your hearing care.

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Now assume this same person, with the hearing loss, is beginning to decline in their cognitive function.

The exact cognitive function that was helping to fill in speech sounds and MyNetworkMag.com

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COVID Vaccines: A Novel Approach to a Novel Virus GREG LUNDELL, ASSOCIATE DIRECTOR OF EQUIPMENT SERVICES GENESIS AEC

As we're all painfully aware, the global COVID-19 pandemic put a spotlight on the pharmaceutical industry and its ability to develop vaccines at a record pace. Pfizer BioNTech, Johnson and Johnson, and Moderna all have FDA-approved COVID vaccines, while others are in development or close to approval. The process of vaccine development for an infective causing a global pandemic, however, has redefined how pharmaceutical and biotech companies bring a vaccine product to market and how they have positioned their business to support such an endeavor.

Before COVID, the average time to market for a vaccine was 10 to 12 years. This includes the development of novel vaccines for new infectives, as well as the time for generic companies to develop "me-too" vaccines that cause immunity based on the same technology as the original. Yet, the novel vaccines to COVID took a fraction of that time, ~ 1 -1.5 years from the initial reports of widespread infection.

The expedited development timeline that played out on the world stage relied heavily on a new technology that has been under development for ~10-15 years and therefore had been in Moderna and Pfizer's "back pocket" for just a crisis that COVID turned into.

First, let's take a look at the standard vaccine technology that we're all aware of, if only by having been given our regimen of vaccines as children. Merck's measles, mumps, and rubella, or MMR, vaccine is one of the most widely administered, with over 500 million doses having been given worldwide. Although a novel concept in the 1960s, the action of the vaccine is largely based on the human body's standard response to infection.

Basically, the three viruses that cause the three named diseases are artificially weakened in the laboratory, ensuring they do not cause disease when injected. They do, however, cause the immune system to recognize the virus's structure, which leads to the development of antibodies to the virus and further development of memory white blood cells. These cells can cause a future immune response if and when you are exposed to the native, infective virus in the environment. The MMR vaccine is 28

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88-97% effective in preventing disease and has caused a drop in disease-related deaths from ~2.6MM / year to ~100,000 per year.

How is the COVID vaccine different? The Moderna and Pfizer vaccines do not use weakened or "killed" viruses. In fact, looking at these 2 COVID vaccines, there is almost no resemblance to the novel coronavirus that causes the disease. Instead, there is only a very small piece of genetic code, called messenger-RNA or mRNA, that is for all intents and purposes the same as what can be found in the viral genetic code itself. The use of mRNA to elicit an immune response is the new technology that is the basis for both the Pfizer and Moderna vaccines.

So what is messenger RNA? mRNA is a piece of genetic code that is translated from our DNA or the RNA in the coronavirus (genetic code contained in the nucleus of the cells of our body or the shell of the virus) into an actionable code, mainly to make proteins. Proteins are the building blocks of cells and also make up that spikey-looking shell that has become the ubiquitous graphic for COVID on the news. The spikes on this shell are the proteins the vaccine mRNA codes for.

These novel vaccines, in simple terms, turns our own cells into little mini-factories. The mRNA that codes for the spike protein of the coronavirus makes its way into our cells once injected. Our cellular organs take that actionable code and start assembling the protein within our cells. Once complete, the protein is forced to the cell's surface, and the immune system can then recognize it and, just like the action of the MMR vaccine, create antibodies to a piece of the coronavirus. All without being infected with the actual virus. It is reported that the mRNA COVID vaccines are >94% effective in preventing the disease.

The use of mRNA vaccines is novel in that the coronavirus vaccine is the first to utilize the technology to this magnitude. Due to the speed of development brought on by our advances in genetics, expect this type of technology to become the norm for future vaccine development.

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Challenging the Myths about Psych Wards VANCE P. FARRELL, CPS SUPERVISOR PENNSYLVANIA MENTOR We've all seen the Hollywood rendition of what a psychiatric unit looks like: large open recreational rooms, often referred to as "rec areas," with people walking around like zombies, others huddled in the corner rocking and/or talking to themselves with random outbursts, menacing-looking staff wearing all white giving medications to the patients, others strapping patients to their bed with a nurse around preparing a cocktail in a syringe to help the patient "calm down" and potentially a doctor as well who is dressed in his white lab coat. It is a scene that is portrayed consistently across television, film, and script and one that everybody can envision when they hear about a psych ward or psych unit at a hospital. However, few have actually seen the inside of, let alone spent a significant amount of time on, a psychiatric unit and know the inner workings that take place in these locations.

The first myth that is to be dispelled is the portrayal of the staff, nurses, and doctors that are often displayed through the entertainment industry. The direct care staff in these locations are often college-educated individuals who have knowledge in case management, psychology, sociology, or other related fields of study 30

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and are there to gain real experience in the field, which is necessary to continue their education. The nurses and doctors are also not what they are portrayed.

The nurses are often as involved as the direct care staff with the patients' daily schedule and activities through educational groups about medication or symptoms associated with common mental illnesses.

The doctors are on the units daily but do not have much direct impact on the daily schedule other than their regular discussions with the clients about their medications, symptoms, and diagnoses. The whole goal of the inpatient experience is to provide a safe and monitored place to help the client get back to a baseline level through education, medication adjustment or management, and setting up referrals for support upon discharge designed to maintain their mental health.

Along with the misperception of the staff is the misperceptions about the unit itself and the activities that occur on the unit. The psychiatric unit does typically have a large common area, but they are designed for this location to be central on the unit, with bedrooms lining the hallways extending from this point. This is done to assist staff in having the MyNetworkMag.com

support development, and self-reflection to help the patients develop a plan that works for them to maintain their wellness upon discharge. Since this is the main focus, there are few "entertaining" items that are allowed on the units because of the danger that these items could pose for the clients and for the staff because of the reasons behind why individuals are on a locked unit.

Lastly, the patients on these units can be animated and display behaviors that most people would find disturbing or uncomfortable. The vast majority of what is portrayed by Hollywood are extreme exaggerations and are done for dramatic effect.

Typically, patients on these units are there because they are a danger to themselves or others, and often the diagnoses seen and treated are for major mood disorders, schizophrenic disorders, or psychosis that has been induced by drugs or withdrawal from drugs or medications. While all of these disorders can elicit responses that involve symptoms like hallucinations, delusions, paranoia, and mania, the number of patients actively experiencing these symptoms simultaneously on a unit is very low, and rare to have more than a handful at a time.

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ability to monitor the patients consistently and ensure their safety as well as the safety of other patients and other staff on the unit. The activities available are also designed to promote education and care for the individuals. They often consist of multiple group sessions daily that cover a myriad of diverse topics related to medication, coping skills,

The portrayal of these locations by the entertainment industry is just that... entertainment.

It is not an accurate representation of the unit, the staff, and certainly not the individuals present on the unit. It is important to remember that mental illness can impact anybody.

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Greater Lehigh Valley REALTORS® Release 2020 Annual Market Report JUSTIN R. POREMBO, CHIEF EXECUTIVE OFFICER GREATER LEHIGH VALLEY REALTORS®

As the premier source of real estate information in the Lehigh Valley and its surrounding communities, the Greater Lehigh Valley REALTORS® (GLVR) is pleased to provide an in-depth report on the 2020 local housing market.

The information that follows is an overall look at the 2020 housing market, in addition to predictions for 2021.

2020: The Year of COVID and a Housing Market that Didn't Get the Memo

Some markets have been performing exceptionally well throughout the pandemic due to a robust inmigration of new residents, faster local job market recoveries, environments conducive to work-from-home arrangements, and other factors.

The Lehigh Valley is one of those markets.

Real estate was an industry in Pennsylvania that was deemed non-essential and was shut down during the

-5.7% Closed Sales

This momentum has already continued into 2021. During the first month of the year, despite near-record-breaking snowfall, pending sales were up 3.0 percent to 592, closed sales went up 8.9 percent to 515, the median sales price increased 27.0 percent to $234,900, and the percentage of list price received almost hit the mark, increasing 2.4 percent to 99.8 percent.

+99.3%

+11%

Seller Received their Orginal List Price

Single Family Home Prices

DIGGING DEEPER INTO 2020 AND THE NUMBERS (Lehigh and Northampton counties)

SALES: Pending sales decreased 0.9 percent, finishing

2020 at 8,507. Closed sales were down 5.7 percent to end the year at 8,131.

LISTINGS: Comparing 2020 to the prior year, the

number of homes available for sale was lower by 55.9 percent. There were 632 active listings at the end of 2020.

New listings decreased by 13.0 percent to finish the year at 9,493.

LIST PRICE RECEIVED: Sellers received, on average, 99.3 percent of their original list price at sale. Year-overyear original list price increased 1.2 percent.

PRICES: Home prices were up compared to last year.

The overall median sales price increased 11.6 percent to $229,000 for the year. Single Family home prices were up 11.0 percent compared to last year, and TownhouseCondo home prices were up 10.3 percent.

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normally booming spring market. When real estate was reopened on May 19, 2020, the local housing market rebounded rather quickly, with repressed demand equating to a wave of showings. Buyers were quicker to return to the housing market in force than sellers, but the Lehigh Valley area was already strapped for sellers pre-COVID. A healthy sales pace continued through the winter months, with strong buyer demand being buoyed by near-record low-interest rates and by individuals and families in neighboring states leaving behind highoccupancy locations and buildings in search of more rural living.

WHAT TO EXPECT IN 2021 The housing market in 2020 proved to be incredibly resilient, ending the year on a high note. Home sales and prices were higher than 2019 across most market segments and across most of the country. Seller activity recovered significantly from the COVID-19 spring decline, but overall activity was still insufficient to build up the supply of homes for sale.

As we look to 2021, signals suggest buyer demand will remain elevated and tight inventory will continue to invite multiple offers and higher prices across much of the housing inventory. Mortgage rates are expected to remain low, helping buyers manage some of the increases in home prices and keep them motivated to lock in their housing costs for the long term. These factors will provide substantial tailwinds for the housing market into the new year.

FULL ANNUAL REPORT Curious to know what else the Annual Report contains?

Contact a Realtor® today for more information or for a full market analysis. You can find a Realtor® at www.GLVR.org.

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Seller Beware: Pocket Listings JOHN MORGANELLI JR. PRESIDENT AND CO-FOUNDER MORGANELLI PROPERTIES When I was in 8th grade, I loved trading baseball cards.

I remember the day I decided I was going to try to sell one of my favorite cards, the "1995 Fleer Ultra Ken Griffey Jr Top 30." My first thought was, "how much can I get for this?"

First, I went to the kids in my neighborhood. They all loved baseball cards too, but I only received one offer for a measly $10. Even as an 8th grader, I knew that to earn top dollar, I needed more exposure. I declined the $10 offer and brought the card to school with me. In my homeroom, I received a second offer, this time for $15.

Finally, I decided the best plan to drive the price higher was to make sure every kid in every homeroom knew the card was for sale. I secured a sales representative for each homeroom and offered a reward to whoever could get the best offer. Sure enough, I sold that Griffey card for $30 (200% more than the initial offer). After I paid my sales rep $5, I still took home $25 or $15 more than my initial offer.

It was a simple but important lesson – marketing drives sales. People need to know about your idea, product, or commodity, or it will not sell for top dollar. Intuitive, right?

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I still remember the first time I heard about "pocket listings." Real estate agents love them because it grants the listing agent exclusive access to find buyers. That means the agent will earn commission on both the listing and buying side of the transaction – in essence doubling the agent's commission.

Imagine for a moment you are selling your home. The first thing most people do is try to determine the home's value.

There are hundreds of sites out there that will aggregate historical sales data and provide an "estimated value." But the truth is that the home's value is simply determined by what an individual buyer is willing to pay. The key to capturing top dollar is to ensure as many buyers as possible are both aware and excited about your home.

The absolute last thing a seller wants is limited exposure, but in some instances, that is exactly what they get.

The following language was taken directly from a listing agreement for a residential home valued at less than $300,000 in the Lehigh Valley. It reads: "Seller hereby agrees that property will be advertised in conjunction with terms listed in paragraph 24(a) for a period of no longer than 14 days prior to being entered on the MLS. Within the … pre-MLS marketing period MyNetworkMag.com

the seller agrees that only Members of (BROKERAGE NAME) will be permitted to show and or make an offer to purchase the property..."

Suppose you have signed an agreement with the language mentioned above; your home won't even hit the MLS for 14 days. Further, if you receive an offer from one of the few real estate agents who happen to work for the same brokerage as your listing agent, how do you know if it is a fair offer? The property has not been marketed to the masses, and it hasn't even been made viewable on the MLS, Zillow, or Realtor.com. In short, it is almost impossible to know the quality of the offer because the general public has not had the opportunity to make offers and establish the baseline value. Even worse, the seller did not even know he signed an exclusive agency listing agreement that creates a pocket listing. He trusted the agent, and the agent failed him.

Before you sign a listing agreement, I encourage you to check for exclusive agency provisions the create a "pocket listing." From my vantage, accepting a pocket listing provision when selling your home is like agreeing to sell your Ken Griffey Jr. to only the kids who live in your neighborhood. It just doesn't make sense.

Are you limiting your career?

Finding the Right Professional Coach for You PAT D'AMICO, EXECUTIVE COACH FOUNDER AND CEO, ABOUT-FACE DEVELOPMENT, LLC "What are you doing now?" I casually asked an old friend after they informed me that they had left their job as a property manager to start their own business. "I'm doing life and business coaching," they replied. This might have been a surprising response a decade ago, but it is incredibly common today…maybe too common.

The last decade has seen an explosion in the coaching industry, with some publications suggesting it is one of the top 3 growth sectors in the world. The International Coaching Federation (ICF) estimates there are currently over 53,000 coaches worldwide, with over 17,500 (33%) operating in the United States.

The largely unregulated nature of the coaching field/ profession has resulted in many professionals having a poor coaching experience themselves or knowledge of others who have. Too often, this results in a reluctance on the part of those that would benefit from coaching from seeking out this potentially impactful experience. This doesn't have to be the case. There are many talented and qualified coaches out there. You just need to know how to find the one that's right for you.

Selecting a Coach The question most often asked by those seeking or considering one-on-one professional coaching is, "How do I find and select a coach that is right for me?" Answering that question effectively will mean the difference between an investment well-made or wasted.

What type of coaching am I looking for?

Without question, this is the starting point that will drive the search and selection process. Depending on the source, there can be more than 30 different types of coaching. For our purposes, I will discuss the three primary types of coaching I have found most individuals seek.

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Coaching is not telling you what to do.

It is important first to understand that coaching is different from mentoring or advising. Those later modalities often focus on providing the client direction and advice. A well-trained and talented coach will help guide the client to understand, evaluate, and find solutions for themselves, resulting in greater self-development and long-term impact.

A Life Coach What they do: If you are looking for a Coach that will primarily help you manage your personal life in areas that might include health and wellness, relationships, and/or personal goals, then a life coach may be right for you. Life coaches will encourage self-discovery and personal growth, along with helping you hold yourself accountable. Be aware that life coaches are seldom professionally trained counselors or psychiatrists and, therefore, should not be engaged as such.

What to look for: Life coaches can come from many walks of life and bring vast personal experience to the coaching relationship. At the same time, literally, anyone can call themselves a life coach as no formal training or credentials are required. Due to the variability in life coaching "credentials," your best approach may be to first seek recommendations from others you trust. When interviewing a life coach, ask if you can speak to some professional clients (not friends or family members they may coach). Ask about formal training and certifications they possess and what they believe makes them an effective coach. A caution here is that if you get the impression the life coach you are interviewing does not, themselves, have a handle on their own life, you probably want to keep looking.

A Business Coach.

What they do: If you are looking for a coach that will help you navigate the landscape of your business environment and/or the growth of your company, you might consider a business coach. Business coaches will often work with multiple

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individuals to gain a holistic view of the business to better understand the organization's goals and objectives.

What to look for: As you can guess, when selecting a business coach, it's important that the individual have extensive and relevant experience in your sector. You are essentially hiring an expert in your field; in the same manner you would be evaluating an external consultant. The difference is that you are also looking for them to have business coaching experience as well. Think of the old saying, "the best players don't always make the best coaches." Even highly successful CEO's may not have the training and/or skills to be an impactful coach. When interviewing them, ask about existing clients and for references. When contacting any of their current/past clients, ask if they have quantified the business impact resulting from their engagement with the business coach.

An Executive Coaching.

What they do: Executive coaches work with leaders at all levels (not only the C-Suite) to help them enhance their performance by building on their strengths and addressing areas of development. By nature, leaders are often relied upon to have all the answers within their organization and have the responsibility to develop others. Executive coaching provides them an opportunity to focus on their own development. While it was common years ago for an organization to engage an Executive Coach to address senior leaders' deficiencies (often career-limiting behaviors),

Are you limiting your career?

Have you wondered if Executive Coaching is for you?

EXECUTIVE COACHING WITH 3 DECADES OF LEADERSHIP EXPERIENCE

today, Executive Coaches more often are tapped to develop high-potential individuals and prepare them for greater responsibility.

What to look for: While Executive Coaching is one of the more established and credentialed areas of coaching, there is still no formal education/experience requirement for someone to call themselves an Executive Coach. Therefore, selecting someone with formal training, credentials, and experience are more critical when identifying an Executive Coach. While certain functional experience may more naturally lend itself to Executive Coaching, such as human resources, you should evaluate a potential Executive Coach by asking questions about their coaching credentials and experience. Often the most qualified Executive Coaches will have achieved certification through professional organizations such as ICF (International Coaching Federation) or an Executive Coaching program from a renowned academic institution. These types of formal training/certification are coveted in the Executive Coaching arena and separate truly professional Executive Coaches from the masses. While these individuals may also provide services as a business coach if the client is within their professional experience area, they are typically not functional/industry specific. Additionally, some Executive Coaches will hold certifications for tools such as 360-degree feedback surveys, allowing them to leverage these as part of the coaching relationship. As mentioned for other coaching modalities, look for them to provide referrals and/or formal recommendations.



Pat D’Amico Executive Coach (Graduate of UC Berkeley Executive Coaching Institute) Founder and CEO, About-Face Development, LLC

 www.patdamico.com

Developing an attitude of gratitude will determine your altitude.

WILLIAM CHILDS, CREATIVE DIRECTOR, KITCHEN MAGIC

Back in the Summer of 1983, I was working at a sign company in Allentown. I was excited to start my career, and since I was already working part-time at the company, I jumped at their offer of full-time employment.

Due to my youthful exuberance, I chose to not celebrate completing high school, instead going immediately to work the day after graduation.

Six years into the role, my attitude towards my job took a dark turn, forcing me to try and make sense of why it was happening. The business was doing well, but I was not. I had grown increasingly bitter and resentful and started blaming everyone and anything for what I perceived as a lack of opportunity. The problem wasn't the company; it was me.

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My supervisor, Mr. Darryl Shellhamer, had witnessed my slow and steady transformation into the dark side, and he grew concerned. He spent time coaching me, often trying in vain to help me understand that my life is not as bad as I was making it out to be. He wanted me to stop looking for all the wrongs in every situation and instead focus my energies on the positive aspects. In retrospect, I can see what held me back was my complete lack of awareness and appreciation for all the good in my life.

Privilege, without gratitude, becomes an entitlement, and entitlement is the natural enemy of gratefulness.

While a positive, mental attitude was something that had eluded me during my time working with Darryl, his efforts were not in vain. Fast forward some fifteen years MyNetworkMag.com

later; while I was working for a different company, I had a rather rude awakening when I was asked to lead a team where several individuals needed major gratitude adjustments. That's when the lessons Darryl tried to teach me came full circle. Karma wanted my mea culpa.

All that Darryl tried to instill in me, I now found myself using to help my new team grow and succeed. Trust me when I say that I can appreciate the irony. Lessons taught to me that didn't stick then now get used by me to help others change their behavior. The biggest lesson for me from Darryl was that he never gave up on me. He may have gotten frustrated, but he always believed that I had it within me to change. That left an impact on me.

Recent studies on the topic of gratitude have proven quite convincingly the many aspects of your life will improve once you begin embracing a positive mindset.

Many experience better sleep, less stress, improved relationships, lower blood pressure, more robust immune systems, and generally feel more alive, alert, and awake, and have higher optimism and happiness levels.

Cultivating gratitude is not difficult. It merely requires that you shift your mental focus and be open to the abundance present in your life. The beauty of it is that anyone can do it, and the rewards are real and lifechanging. Robert A. Emmons, Ph.D., a leading gratitude

researcher, studied the link between gratitude and well-being. "Gratitude is fertilizer for the mind, spreading connections and improving its function in nearly every realm of experience. Gratitude empowers us to take charge of our emotional lives and, as a consequence, our bodies reap the benefits."

For the uninitiated, I'm sure this sounds like folly. I can assure you it's not. A positive mental mindset is one of the tools I use daily. Next time you find yourself spiraling down a rabbit hole of disappointment or feeling sorry for yourself or your current situation, try applying some good old-fashioned gratitude. Over the years, Whenever I get asked about the one thing that helped me the most during any rough patches during my life or career, it always comes back to optimism. That singular ability to believe that whatever challenge you might find yourself facing, by being positive or looking for a silver lining, You can work your way through it. The Persian poet Rumi sums it up best, "Wear gratitude like a coat, and it will feed every corner of your life.

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Understanding the Due Diligence Process DAVE CLARK, MANAGING DIRECTOR BMI MERGERS & ACQUISITIONS

When selling your business, the due diligence process is a critical part of completing a transaction. Due diligence is an essential step once you agree on the buyer's price and terms outlined in a Letter of Intent (LOI). The buyer's primary purpose is to validate their offer by understanding critical areas of the business's financials, operations, organization, and contractual obligations.

If the business has been confidentially marketed, once the Letter of Intent is signed, the buyer will request that the company be taken off the market. Typically, an LOI will require an exclusivity period of about 60 to 90 days where you cannot talk to other potential buyers. Buyers will be expending significant time and money during the due diligence period. They do not want to be competing with other potential buyers while making this investment.

Areas for Review The first step in this process is for the buyer to provide a checklist of areas they will want to review in detail.

Included on the list would be: • Corporate Records • Contracts • Property and Equipment • Financials – past five years and future projections • Legal • Employees and Benefit Programs • Environmental & Regulatory Review 42

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• Sales and Marketing Plans

• IT Systems The buyers will include several advisors in their process, including accountants, attorneys, and possibly some specific specialists in areas such as equipment valuation, insurance, and employee benefits, as examples.

Data Management With all the sensitive company data being exchanged electronically for the buyer to review, it is important that this information is shared on a secure platform.

You do not want to be emailing important confidential documents. Suppose you are working with an M&A advisory group. In that case, they will provide a safe data room that allows access only to those individuals that the buyer needs to review the information. As the business owner, you need to determine who within your organization will know about the possible company sale and then assist in collecting and loading the data for the buyers to review.

Building a Relationship Due diligence is an excellent opportunity for both parties to communicate and build a relationship. In many instances, the buyer will want the owner to stay on for a certain time to ensure a smooth transition and possible integration of another business the buyer owns. It could also be the buyer will want the owner to stay on for an extended period and continue to operate the company.

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So, establishing a rapport and understanding cultures is a critical part of moving forward with a sale.

Further Negotiations An important aspect of due diligence as an owner is understanding that the process will lead to many more questions that the buyer will want to get answered in greater detail. This new learning can lead to further negotiations of the LOI, and adjustments made to the original offer price and terms. At times, the deal will not go through, as the buyer becomes aware of things that make the acquisition too risky or no longer a fit for them.

As the owner, you may no longer be interested in the revisions based upon your thoughts on your company's value or the revised terms. However, a serious buyer who likes the company will often try and make adjustments that will work for the owner.

Certain open items must be quantified in due diligence that the parties need to agree upon before closing. The deal may be originally structured as an asset purchase, but upon further review, given contracts or certifications that must transfer, the structure may change to a stock purchase. This has tax and liability consequences for both parties, so it must be worked out. Another area

to be finalized is working capital targets. The buyer will want sufficient funds to remain in the business, so it has adequate funds to continue operating post-closing. The purchase price allocation identifies how the company's closing price is split among various areas such as fixed assets, non-compete agreements, inventory, and goodwill and must be quantified. How this is applied can determine tax implications as well.

Closing Once the due diligence process is complete, the buyer's attorney will generally draft a purchase agreement and present it to the owner and his attorney. This document should reflect everything in the LOI, and everything discussed and negotiated throughout due diligence. This step typically takes a few weeks to finalize after all the reviews between the parties.

Due diligence is a critical step in selling a business.

When handled with discipline and an appropriate sense of urgency by both parties, it will result in a successful closing and the start of a successful transition.

Thinking about Selling Your Business?

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610-777-7029 BMImergers.com Dave Clark

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Tom Kerchner

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Mergers & Acquisitions

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Desperate Times Call for Desperate Measures, Or Do They?

CADY DARAGO & ED MILLER ESQUISITE MARKETING

Most decisions are not binary, and there are usually better answers waiting to be found if you do the analysis and involve the right people. – Jamie Dimon The hashtag digital marketing is trending across all channels of social media. While we don't know the exact numbers, we know companies have invested (or spent because the ROI is sometimes questionable) a ton of money in digital marketing during the pandemic.

That's not a bad thing. But let's be real. Depending on the services you offer, putting all your eggs in the digital basket may not be the way to go.

We had a strategy call with a client at the beginning of March. He was overly concerned about SEO and keywords. His web developer was on the call with us and asked a great question, "Do you think SEO and key words are going to help you more than reaching out to your network?"

We are not here to dispute the effectiveness of digital marketing, SEO, and key words. They are important. But they cannot be your only strategy.

It is no surprise that the pandemic changed how we do business – and how we get new business. In-person networking and relationship building has taken a hit, but that does not mean you can't "work" your network!

So, what does all of this mean?

Any marketing plan needs to contain a comprehensive strategy comprised of content, paid advertising (print, 44

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digital, social, television, etc.), social media, website, direct outreach (both old fashioned mail and & email), media, and public relations – and they need to be coordinated.

If you are not handling this on your own, make sure the agency you hire is not promising you results that sound too good to be true. We have seen SEO companies getting extra aggressive in recent months. Our assumptions are that because there is much financial uncertainty, demand for some consumer services is down a bit due to the pandemic and people not being out and about as much. Therefore, some of these service providers feel the pinch and are feeling a little desperate, making them perfect prey for digital marketing and SEO companies right now. If you are feeling vulnerable, be cautious when approached by these "miracle" workers.

If someone figured out how to get you on the first page of Google's search results for a relevant search term using valid methods, they would be living a phenomenal, stress-free life in a dream location – not cold calling you.

The agency you work with should understand your industry as well as any ethics or compliance rules. The services you receive should be tailored to you – not a cookie-cutter plan that they use on every client they have in your industry.

As for networking – there is nothing more powerful than the group of people who know, like, and trust you.

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This doesn't mean you have to have a virtual happy hour with everyone you meet. Be a connector – introduce someone you met to someone else in your network.

Connect with new people – people that make sense for you to know – on LinkedIn. Add new contacts to your marketing list/CRM. Send your connections something of interest – for example, if someone in your network is a Syracuse basketball fan, send them an article on the team or congrats if they win a game. Go Orange!

Remember: • Nothing happens overnight.

• Build marketing into your to-do list.

• Walk before you run.

• If it sounds too good to be true, it probably is.

• Ask for help if you need it.

ESQuisite Marketing is a professional service marketing agency headquartered in the Lehigh Valley with clients in Pennsylvania, New Jersey, New York, Georgia, and Florida.

Private Island Escape JENNIFER DONCSECZ, CTIE PRESIDENT, VIP VACATIONS INC CERTIFIED TRAVEL INDUSTRY EXECUTIVE

Doesn't jetting off to a private island oasis sound like the perfect escape?

Scattered throughout the British Virgin Islands are several private islands that are available for rent.

Just east of Tortola is the Aerial Resort. This private island is 43 acres, and the main building rests high above the Sir Francis Drake Channel in the BVI's.

Getting to this island requires a flight to Tortola, which is available from San Juan or St. Thomas. Once you arrive in Tortola, a health official performs a Covid test (which is the 2nd test you must take as you are required to submit proof of a negative test 72 hours prior to arrival). After clearing the health station and customs, you are whisked to the pier, and the Aerial resort staff boards you on their private boat for the 20-minute ride to the island. As you approach the island, you see a castle-like building resting on the cliffs high above the sea. Upon arrival at the Aerial, each guest must take a rapid Covid test, and from that point on, no masks are required throughout your stay. You have now entered a Covid-19 free bubble!

The island resort can comfortably sleep 26 adults and up to 10 children. The private island resort features all meals, drinks, and water sports activities.

Guests can drive one of the electric Mokes from the castle-like main area down to the beach and around the island. The water sports activities include water skiing, tubing, paddleboards, and kayaks.

The water sports crew will also take you around the islands in one of 2 of the resort's boats if you like.

overlooking the Caribbean Sea. You will find daily snacks in the rooms, a Nespresso coffee maker, and throughout the resort, there is high-speed WIFI. The resort's main areas include a large dining area, an infinity swimming pool, a library, a common "living room" with couches, loungers, and a huge TV. Outside of the main castle-like building are hammocks and a bar with swings for bar stools as well as tables and chairs for al fresco dining.

There is also a heliport and yoga deck.

Down near the beach is an outdoor "jungle gym", a beach bar with more swings for bar stools, a covered pavilion with large tables, and an outdoor brick oven for pizza as well as dining facilities.

There are comfortable bean bag lounge chairs scattered along the beach, and plenty of hammocks hang between palm trees.

The resort employs two chefs daily, and the meals are customized to each person's diet and preferences.

The focus of the dinners features local fish and healthy cuisine.

At night, there are fire pits, and one of the highlights is being entertained by one of the chefs who plays music on his guitar/keyboard. (He has performed before President Obama and Sir Richard Branson).

This private island is the ideal spot for a small destination wedding, corporate retreat, or multi-generational family looking for a Covid-19 free bubble.

Each room features private bathrooms with an outdoor shower. Every room has breathtaking balconies 46

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Scattered throughout the British Virgin Islands are several private islands that are available for rent.

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People that attend the webinar and stay to the end will get an Industrial Athlete Ultimate Guide Subscription and a chance to win a special prize valued at $250!

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Questions? Call 610-686-9690.

This program has been pre-approved by The Commission for Case Manager Certification to provide continuing education credit to CCM board certified case managers and HR Professionals. The course is approved for 1 CE contact hour(s).

Tri Outdoor, Inc. is a locally owned and operated outdoor company specializing in static & digital billboard advertising. Nothing generates more buzz than a creatively executed outdoor campaign. It takes risk and trust in going places that may feel a bit uncomfortable.

Yet, when you deliver something relevant, funny, or thought provoking, people pay attention and they tell others about it. Don’t just buy a sign, CREATE ENGAGEMENT. And don’t worry, we’ll help you!

Tri Outdoor, Inc. 1749 Red Hawk Way Bethlehem, PA 18015

610-838-8870 | trioutdoor.com

STEVE ROWBOTTOM, CIGAR AFICIONADO CIGARS INTERNATIONAL

AJ Fernandez San Lotano Requiem Toro Nicaragua

6.0” x 54

Full

95-Rated

Ave Maria Dark Knight Robusto Nicaragua

5.25” x 54

Medium-Full

94-Rated

Davidoff Winston Churchill Aristocrat (Churchill) Dominican Republic

6.6” x 47

94-Rated

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Medium

Powerful, patiently aged long-fillers from three countries (Nicaragua, Honduras, Dominican) are used to create this full-bodied cigar. I notice roasted coffee and richness from the Nicaraguan leaves. I notice dank earth and toasty tobacco nuances from the Honduran leaves. I notice cedar and sweetness from the Dominican leaves. The Brazilian Habano wrapper offers a sweet spice. I find all these flavors and I respect the cigar’s strength, while appreciating its incredible balance. Silky smooth yet powerful. This robust cigar is nothing short of well done.

Historically, Ave Maria is focused on mellow strength levels and graceful flavors. Dark Knight was blended to be a potent puro, so I was eager to try it. Since doing so, I’ve been burning them nonstop. I love the rich, chewy flavors this cigar puts out. Rich cocoa. Rich leather. Rich espresso bean. The finish is spicy-sweet. The room is filled with oily, charcoal aromas. The smoke is soothing, and I can feel its strength in my belly, like a homecooked meal. This is as close as a cigar can get to comfort food, and I enjoy it immensely.

I’m British. I love cigars. I’m a big fan of Winston Churchill. That said, I was excited to try the cigar that dons his name. Made in the DR, this well-stuffed handmade is oily and toothy to the touch. The wrapper is Ecuador Habano. The long-fillers are Dominican and Nicaraguan. The binder is Mexican. The flavor is sophisticated, and I note earth, stone fruit, sweet cedar.

The Mexican binder is present with a hint of black pepper.

The flavor doesn’t stray, and this cigar can easily top off any evening with a single malt.

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RP Number 6 was recently named the #9 cigar of 2020, so I decided to give it a whirl. I'll say now, I concur. Made with a Honduran Corojo wrapper, this Toro combines long-fillers from Nicaragua and Honduras inside a Honduran binder.

The smoke is uniquely sweet from start to finish, offering a nimble marriage of pepper and cashew, with soft hints Medium of vanilla bean and citrus. The finish has a touch of spice, completing a medium-bodied cigar that is full in satisfying flavor.

Rocky Patel Number 6 Toro Honduras

6.5” x 52

95-Rated

Zino Platinum Crown Series Chubby Especial Tubo Nicaragua

6.75” x 48

Mellow-Medium

A golden, seamless Connecticut leaf from Ecuador hugs this 61-ring Double Perfecto. This leaf imparts a creamy, smooth element to the richer tobaccos beneath. Vintage Dominican long-fillers offer a toasty touch of cocoa, while long-leaf Peruvian tobaccos create a gentle spice that lingers long but elegantly after each puff. I enjoy its mature layers of balanced flavors…a sign of quality, aged tobaccos that have been carefully fermented. A tick or two above medium in strength, but elegant enough for the novice.

93-Rated

JOHN BROWN THE HATCHETS a n d

tim Harakal • Thomas Ostrow • Rebecca Connelly • Zach Jones Pennsylvania based Folk band formed in 2018. The bands musical style consists of funk, rock, country, and soul elements with an emphasis on the folk genre.

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Lotus Restaurant Group KAREN & TIMOTHY WIDRICK AND SPENCER & CARISSA COBB, LOTUS RESTAURANT GROUP In 2002 Edge Restaurant was introduced to the Lehigh Valley. Chef Timothy Widrick has been the driving engine behind our success; using classical French technique with worldly inspirations, he has made a name for himself. We are a family-owned restaurant, and it is our mutual passion for food, service, and drinks, that brings us all together. For years, the owning team was looking for the perfect location to expand our brand and in 2020 they opened SURV Restaurant. With this new restaurant, the Lotus Restaurant Group was formed. Our logo symbolizes the culmination of the owning partners. The Lotus is a beautiful flower that blooms in the most unlikely of environments. It symbolizes rebirth, unwavering faith, and tenacity. At the center is Executive Chef Timothy Widrick with his knives, and the petals each represent the additional partners of our company.

Karen Widrick is our Director of Operations; she is the heart of our day-to-day operations. Whether it’s coaching and development of staff or ordering the

supplies needed to run our restaurants efficiently, her expertise and care are present everywhere. Spencer Cobb, Director of Business Development, manages the analytic processes of the business and the growth of the restaurant group. His leadership encourages us to always think outside the box, adapt and evolve.

Carissa Cobb, Director of Guest Experience is the final petal. It is her creative vision and passion for superior service that blends everything together. This gives us the aesthetic and vibe that is felt the moment you cross the threshold.

Mission Statement Through a shared dedication to excellence, we are committed to creating an impressive dining experience for our guests. Our attention to detail starts in the kitchen and is carried throughout the entire restaurant.

Everything we do, we do with unwavering passion, precision, and excellence.

Vision Statement A sexy, hip, chic and edgy restaurant that pushes the boundaries of what is expected from fine dining. Our vibe is fun, energetic, welcoming, and cool- never stuffy or snobby. We believe that our attention to details both inside and outside of the kitchen is what has fueled our success. Guests from any age group will leave with a new appreciation for food, service, and ambiance.

Core Values Hospitality | This is our home, and we welcome everyone into it as such.

Cleanliness | Our attention to cleanliness is a cornerstone to longevity.

Creativity | Taking classical food and service and

putting our take on it. We work in an ever-evolving industry and we strive to be on the cutting edge.

Willingness | We push ourselves every day to exceed expectations and create raving fans.

Passion | It is through a common passion for food, drinks and service that will continue to make us successful.

Family | We welcome all our staff to be part of the

Lotus group family. We may not agree on everything but as long as we agree that we can find a solution together success is inevitable.

Consistency | It is through a consistent level of

execution that we have become a namesake in our community.

Value | We want to continue to provide a product to

our guests with exceptional value. We are a business, but nothing will be compromised for profit.

LEHIGH VALLEY’S

Marketing Agency We specialize in driving more traffic, increasing brand awareness and providing world-class marketing support. We take a custom approach to each and every project to ensure that our strategies meet your unique business goals and objectives.

Together, we’ll make your brand stand out.

Lead Generation

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PUNCHGARAGE.COM

Web Design + Development

Your downtown destination for lunch & intimate dinners …

74 W. Broad Street, Bethlehem, PA 610.814.0100 • edgerestaurant.net Dinner Monday-Friday & Lunch Only on Saturdays