The Enterprise - Utah's Business Journal, Jan. 2, 2012

Volume 41, Number 23

UTAH’S BUSINESS JOURNAL$1.44Jan. 2-8, 2012www.slenterprise.com

THIS WEEK

HR MattersSee page 9.

• Industry Briefs •Begin on page 5.

• Calendar •See page 10.

Top fiveretail trends

for 2012See page 3.

Legal Matters

Legal Matters

Legal Matters

Legal Matters

Legal Matters

Legal Matters

Design Matters

Executive Lifestyle

Legal Matters

Staffing Matters

HR Matters

Real Estate Matters

Executive Lifestyle

Legal Matters

Industry, SLC butt heads overelectronic signs

Replacement parts firmto expand from 10,000 to115,000 square feet

By Barbara RattleThe Enterprise Salt Lake City is at odds with the outdoor sign industry over a proposed ordinance revision that would more strictly regulate so-called “on-premise” electronic signs, such as those seen at businesses ranging from bank branches and car dealerships to dentist’s offices and cable television providers. Sign industry officials and businesses that have invested in the electronic signs say the proposed restrictions on the on-premise signs obstruct free enterprise, free use of property and even free

speech, while the city maintains the curbs are necessary to enhance public safety and preserve the city’s aesthetics. The Salt Lake City Council will hold a public hearing on the matter Jan. 3 at 7 p.m. in room 315, Council Chambers, 451 S. State St. The proposed ordinance change would require that operators of on-premise electronic signs — both current and future — implement either a three, five or eight-second “hold” on their messages, depending on sign size, which effectively prohibits

Comcast's is a typical on-premise electronic sign. The city is seeking to strip the signs' ability to animate.

By Barbara RattleThe Enterprise Ereplacementparts .com, an online retailer of parts for items such as power tools and appliances, is slated to make a significant expansion move. The Sandy-based firm is moving its warehouse from approximately 10,000 square feet in Sandy to 115,200 square feet at 7036 S. 185 W., where 60 people will immediately be employed when the move is made in mid-February. The company will retain its headquarters office in Sandy, which measures about 10,000 square feet, said Michael Anderson, who co-founded the firm in 2003 with David Fairbanks. According to a conditional use application on file with Midvale City, Ereplacementparts.com plans to employ more than 100 people at the Midvale warehouse within the next couple of years, and as many

as 300 workers by the end of the firm’s seven-year lease. The company, which relies heavily on Internet sales, will have a 1,500 square foot walk-in store and repair facility at the new location, which will be served daily by about nine cargo trucks from companies such as FedEx, UPS and LTL (less-than-truckload) carriers. When Ereplacementparts.com was formed, it focused on carrying tool and machine parts and accessories nationwide. Today, the firm’s product selection has expanded to include well over 300,000 individual machine and tool parts and more than 3.2 million separate applications for those parts, including parts for lawn equipment, appliances, vacuums, grills, plumbing, restaurant

Hong Kong company invests$3 million in HzO Inc.

Software firm repays loan with$1 million check to Zions Bank

Horizon Ventures Ltd., a Hong Kong investment firm, has purchased a $3 million stake in Salt Lake City-based HzO Inc. as part of a preferred equity invest-ment. HzO Inc. is a technology com-pany with proprietary advanced materials that protect electronics from water, humidity, and other liquids. A substantial stake in the firm is owned by Salt Lake City-based ZAGG Inc., a publicly traded maker of accessories for mobile devices. ZAGG acquired HzO in 2009, then spun it off as a private independent company to improve and commercialize its WaterBlock technology. “This investment again dem-onstrates the global potential of our technology to protect electron-ics assemblies in multiple mar-kets from damage resulting from water and other liquids,” said HzO president and CEO Paul Clayson. “The investment also affiliates HzO with one of the most notable and successful global investors in technology and a world-class business operator.”

Jason Wong, CFO of Horizons Ventures, will serve in Horizon’s seat on the HzO board of directors. “Horizons Ventures believes HzO’s technology expands the world of mobile connectivity as it meets global consumers’ new expectations for mobile devices,” Wong said. HzO is commercializing WaterBlock in consumer electron-ics, military, solar energy, first responder devices, marine, indus-trial and other markets. “This new partnership with Horizons is an important step in bringing HzO’s WaterBlock tech-nology to the global marketplace,” said Robert G. Pedersen II, CEO and chairman of ZAGG, and also chairman of HzO Inc. “The func-

David K. Williams, CEO of Orem-based software firm Fishbowl, last week presented Zions Bank president A. Scott Anderson and relationship man-ager Brad Adamson with a cer-emonial $1 million check. The money represents pre-payment in full of the $1 million loan Zions extended to Fishbowl as a critical piece of Fishbowl’s buyback from its prior majority investor to become 100 percent employee owned on May 20 of last year. Without the loan, Fishbowl could have been sold or possi-bly broken in pieces. Instead, the company achieved record growth in 2011 and won multiple awards. Fishbowl launched key partner-ships with Utah Valley University,

eFileCabinet, Voonami and other Utah and national partners by developing Fishbowl Partner Nation. “Our message is that we can transcend today’s economic chal-lenges when we all work together as trusted friends and partners to honor the principles our forefa-thers brought to this great land,” said Fishbowl president Mary

see SIGNS page 2

see PARTS page 4

see HZO page 4see FISHBOWL page 2

Michelle Scott. “One of the timeless prin-ciples our forefathers taught was financial responsibility — not misuse or overuse debt,” said Williams. “We want to represent that message and to send it again, right now, to our Utah neighbors — and to our entire nation — that we must use debt prudently to remain strong. We want to under-score that message with our great working partner, Zions Bank, who believed in Fishbowl and extend-ed us the loan we critically needed to become employee owned. In return, we are repaying the loan in full, 84 months early, on the date

our first full principal payment has come due.” Fishbowl executives noted that for a software company, finding collateral is difficult, and Fishbowl’s loan came at a time other banks were not providing software company loans. Fishbowl and its cornerstone product, Fishbowl Inventory, make it possible for businesses to have the level of flexible and mobile inventory management solutions large organizations enjoy. Fishbowl Enterprise is a light and robust ERP (Enterprise Resource Management) solution that allows Fishbowl to provide organizations ranging from SMBs to mid-to-large enterprises with all the components required to meet their inventory and business management needs.

2 The Enterprise Jan. 2-8, 2012

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animation. There are roughly 90 such signs within the city’s limits. “We are opposed to the static hold times because you can’t communicate your message on these smaller on-premise signs unless they are running animations,” said Jeff Young, senior vice president at Salt Lake City-based YESCO, a major national sign manufacturer. “The signs in town were bought primarily for this purpose.”

The city’s code that regulates electronic signs was written before the advent of today’s electronic sign technology, which allows full animation. Images are now changed 30 times per second. Current code, Young said, mandates that all messages must be readable within three seconds. Sign companies and their patrons have interpreted that to mean new animations can begin every three seconds, resulting in animation between messages. “The city is saying ‘no, that’s not the way we interpret it,’ and this new proposed code will make

sure that there’s no animation in town,” Young said. “The SBA says the addition of an electronic sign can increase business anywhere from 15 percent on up. So you can understand why 90 businesses in town have invested in the technology, because it does attract attention and it does create more business. Let’s help these businesses, not try to make it harder for them. They’re already struggling. They need any means they can to reach out to their customers. Plus these signs add to the vitality of downtown.”

Frank Gray, the city’s director of community planning and development, has a much different view. “The city’s role in this is public safety, to begin with,” he said. “We spend tens of millions of dollars a year making a roads safe, putting proper road signs up, putting streetlights up, striping streets, so that people can drive and walk and ride bicycles safety within the city. The idea is to keep the driver’s attention on the road. The electronic sign has exactly the opposite goal. Its goal is to remove the driver’s attention from the road and to the sign. These are basically TV screens that are playing in your face. Take that and multiply it by 10 to 15 storefronts on a block and you get total chaos.” Young said he is unaware of any study that indicates electronic signs are unsafe. He pointed to work done by the Virginia Tech Transportation Institute that indicated a driver must be distracted for two or more seconds before they become unsafe on the road. Drivers’ glances at signs, he said, were found to be much shorter than two seconds. “If we glanced at signs for six seconds, there would be accidents all over the road,” he said. Gray countered by saying that

a number of studies have indicated that electronic signs pose a threat to public safety. “We gave the planning commission a whole book of studies that have been done on this subject, all of which the industry says are not valid,” Gray said. “The only studies the industry finds are valid are the ones that the industry has done.” Young said the firms that have invested in on-premise electric signs, which can cost between $25,000 and roughly $150,000, are in a position of seeing their capital expenditures rendered impotent. “These are not all YESCO customers,” he said. “We’ve sold a good number of these signs, but a lot of them aren’t our customers. And none of them like this. It’s a bad thing at a bad time. It’s bad for business. None of the other cities we’re associated with in this valley have restrictions like this.” According to Gray, “From an aesthetic standpoint, we’ve chosen to live in a place of tremendous beauty, both the city itself and its surrounding environments. And to have flashing billboards trying to take 100 percent of your attention away from the scenic beauty of the valley really seems to be the antithesis of what we’re trying to do as a community.”

SIGNSfrom page 1

FISHBOWLfrom page 1

The EnterpriseJan. 2-8, 2012 3

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Firm releases top five retailtrends for the new year Responsys, a market-ing software company that rep-resents several major retailers such as Brooks Brothers, Lands End, LEGO, Under Armour and Newegg, released its Top 5 Retail Marketing Trends in 2012 last month. The trends are: 1. Integration of social data will drive the personalization of marketing campaigns. Marketers will be able to pull in Facebook social graph data to get activity and behavioral info that can be used for segmenting and target-ing. Content will become so per-sonalized that pictures of friends will appear with marketing mes-sages, for example. Through smart applications, marketers will be able to identify people on social networks who have a high propensity to advocate a certain brand. As a result, marketers will be able interact with these indi-viduals differently. 2. Display advertising will be integrated as part of rela-tionship marketing strategies. According to Forrester Research, display advertising spend will represent 36 percent of overall interactive marketing spend by 2016. However, a challenge with traditional display marketing is that it has mostly been anony-mous, is not triggered based on buyer intent or past behavior, and is siloed from the other interac-tive channels. New technologies that enable better ad targeting and personalization will drive market-ers to look at display advertising in a new way — as a relationship marketing channel. Using display advertising in this way will open a whole new set of opportunities for brands to accelerate revenue and customer engagement. 3. Mobile marketing will become even more targeted. Brands will increasingly engage SMS subscribers to determine their preferences, which will

be applied for future targeting and personalization.Example: A brand texts a user the ques-tion: “what’s your favorite thing to do in the kitchen?” The user responds: “Bake.” Then the user will receive campaigns targeted towards baking items, plus infor-mation such as recipes and quick tips. Also, marketers will become more sophisticated when it comes to optimization for rendering on mobile devices. For example, icons or hyperlinked items need to be a certain distance apart for people to easily navigate with their fingers on a small touch-screen. 4. Geolocation data will be used across channels. Brands are increasingly using geo-loca-tion data (captured via a mobile device) as a means for target-ing consumers across a number of channels, such as e-mail and social networks. For example, if a smartphone user downloads an app from a major retailer such as Kohl’s, then based on the terms and conditions, Kohl’s can access that user’s location data and begin e-mailing special offers or information that’s relevant to the Kohl’s closest to that user’s location. Using geolocation data in this way enables marketers to send highly targeted messages that consumers will care about or use. It’s also an example of how the digital channels are continu-ing to converge and overlap. 5. Deliverability engagement levels will drop as ISPs begin to clean out their inboxes. Web-based e-mail clients are evolving inboxes to filter and categorize based on macro and micro data. Not junk box vs. inbox. Totally changing to the individual level. All of the major ISP websites are leveraging user data to increase engagement and manage inboxes and marketers aren’t paying atten-tion to this functionality.

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equipment, exercise equipment, home office equipment, HVAC and GPS devices. A vast array of manufacturers are represented. The firm’s website includes more than 100,000 tool breakdown diagrams and downloadable PDFs of schematic documents. All items sold are OEM (original equipment manufacturer). Ereplacementpar ts .com leased its new warehouse with the assistance of Randy Ross of NAI West. The property owner was represented by Lucas Burbank, Jeff Heaton and Brett Palmer, also of NAI.

PARTSfrom page 1

tion, value and ubiquity of smart-phones is expected to continue to increase in the future, and HzO is positioned to offer a unique solu-tion to protect consumer electron-ics from water damage. Horizons is a very savvy firm deeply expe-rienced in identifying and maxi-mizing emerging technologies, and I am honored to work closely with them to quickly expand the HzO technology and further our ZAGG relationship.” The HzO technology is a unique process that creates a nanoscale, thin film coating that protects electronics against dam-age caused by exposure to fluids, which is the leading cause of lost functionality in electronics. The coating is transparent and can be applied to a variety of surfaces including plastic, metal and glass. In addition to water repellence, the coating can repel many oils, synthetic fluids, hazardous mate-rials, dust and dirt.

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Advanced Fluid Containment LLC will become the first company to take advantage of an economic development project area just created by Weber County that covers the county’s Little Mountain area. Ron Kusina, executive director of the county’s redevelopment agency, said the company will receive tax increment benefits over the next three years that will help Advanced Fluid Containment invest about $5 million in its operations and create roughly 75 new jobs. Advanced Fluid Contain-ment, founded in March 2009, operates on 30 acres at 9501 W. 900 S., Ogden, said chief financial officer Stephen Erekson. The company employs roughly 150 people working three shifts to manufacture steel tanks that provide flexible liquid containment capacity for large and small projects. The firm’s primary clients are in the oil and natural gas sectors, although it also serves firms in the mining, construction and environmental sectors. Presently, the company occupies a 4,000 square foot office and a 28,000 square foot manufacturing plant that produces tanks that generally are 12 feet in diameter or eight feet in width. The next step in the firm’s ongoing expansion will consist of construction of a 50 x 150-foot building, Erekson said.

Tank maker gets incentive from county to expand

Firm buys loan secured byBroadway Park Lofts SilverLeaf Financial, Salt Lake City, has acquired a $17.7 million nonperforming loan secured by a residential condo-minium and retail development in downtown Salt Lake City. The primary collateral of the loan is the Broadway Park Lofts development. The project is com-prised of 86 residential condos, 34 of which are completed and move-in ready. The remaining 52 con-dos, along with the 9,500 square feet commercial retail space on the ground level, are in gray-shell (unfinished) condition. The condo units range in size from 550 to 1,134 square feet and have one or two bedrooms. Eighty-seven underground parking spaces are available on site. The ground-lev-el office/retail space is split into six units along with 23 additional parking spaces. The project had experienced numerous delays in the past few years, and is now ready for com-pletion. The development has been approved for FHA financing. The loan originated in 2006 for the purpose of refinancing an exist-

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• Industry Briefs • AGRIBUSINESS • New York-based Honeydrop, producer of natural teas and beverages made with a tablespoon of honey, has selected Knight Family Honey, Lehi, as its latest beekeeping partner in the firm’s “Buy a Bottle – Save a Bee” campaign. The initiative, established to help fight colony collapse disorder (CCD), an epi-demic threatening the global bee population, is at the heart of the brand, with Honeydrop donat-ing a percentage of profits from each bottle sold to selected local beekeepers across the U.S. Lee Knight founded Knight Family Honey with only two colonies in 2001. Today, Knight Family Honey consists of more than 500 honeybee colonies throughout the state of Utah. Each new beehive increases the bee population by 40,000-60,000 bees.

ARTS/ENTERTAINMENT • The best action sports

filmmakers, iconic ath-letes and culture enthusiasts will descend upon Salt Lake City for the 12th annual GoPro X-Dance Action Sports Film Festival Jan. 12-15 with screening and party headquarters at The Depot, 13 N. 400 W. Of the hundreds of submissions, the top 30 accepted films were announced on Dec. 19. For a list of accepted films please go to www.x-dance.com. The screenings are open to the public. The producers, directors and many of the athletes will be on hand for Q&A sessions after the film screenings.

ASSOCIATIONS • Junior Achievement of Utah has received a $10,000 grant from the New York Life Foundation to provide economic empowerment programs to stu-dents who would not otherwise have the opportunity to experience the classes. Junior Achievement will use the grant to bring its

financial literacy and work readi-ness programs to Hispanic and/or economically disadvantaged mid-dle-school and high-school stu-dents in the local area. The grant was one of 15 nationwide. • Three seasoned entre-preneurs cleaned house at the NorthFront Entrepreneur Alliance’s third Entrepreneur Excellence Awards Banquet. The Entrepreneur Excellence Awards program was started in 2009 and honors three of Northern Utah’s top-performing startup busi-nesses in three categories: Best Bootstrapped Business, Rapid Growth Business and Greatest Potential Business. Winner of the Best Bootstrapped Business award was Kahuna Creations, which creates surfboards and longboard skateboards. Winner of the Rapid

Growth Business award was Giegerrig, which purchases outdoor ideas and technologies and takes them to market. One such idea is the Geigerrig Hydration Pack, which allows users to spray water into their mouth with a quick pinch of the bite valve or a light bite with their teeth. Winner of the Greatest Potential Business award was Setpoint Ammunition, whose zero-tolerance, highly effi-

cient engineering delivers custom-ized ammunition designed exclu-sively for a rifle’s performance characteristics. Users can custom build their cartridge with greater consistency than premium match-grade factory ammunition.

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has hired Dean Robb as its credit risk assessment officer. In this new position, Robb is responsible for implementing the policies and procedures for the credit risk man-agement strategy for the bank, assessing the credit quality of the bank’s loans and controlling risks within the bank’s loan portfolios. Robb has more than 33 years of experience in the banking indus-try, most recently as a senior credit examiner at Zions Bancorporation, where he spent the last 23 years identifying, monitoring and con-trolling risk within Zions’ loan portfolios, and being involved in bank acquisitions. Prior to join-ing Zions’, Robb was a senior commercial loan officer with Security Pacific National Bank in California. • Businesses are writing fewer checks these days. A sur-vey of U.S. Bank’s corporate pay-ment customers found that while paper checks were still the method of payment about 60 percent of the time, about half of those still using checks say they hope to go electronic in some capacity by 2014. One reason for the trend: processing by check costs more. A 2010 Aberdeen study estimates it costs organizations roughly one-and-a-half to three times more per invoice to pay by check than it does to process the same payment electronically. The sheer cost of paper, postage and staff time are among the factors that play into the cost difference. Perhaps as important is how much faster elec-tronic solutions can be. Aberdeen reports that some paper-based sys-tems can take up to three-and-a-half times longer to process than best-in-class electronic payment solutions. COMPUTERS/SOFTWARE • American Fork-based BidSync, a provider of govern-ment e-procurement, e-sourcing software and bid notifications, has expanded its team of core execu-

tives to include John Moody as vice president of e-procure sales, Bray Brockbank as vice presi-dent of marketing and James Edwards as director of informa-tion technology. Moody joined BidSync in December 2011. Prior to BidSync, Moody was the great-er Southeast area sales executive for Microsoft, managing the larg-est single sales area in the U.S. at Microsoft. Brockbank brings to BidSync nearly 20 years of expe-rience in technology marketing, product management, sales and business development, as well as an in-depth knowledge of cloud or SaaS-based technology solu-tions. Most recently, Brockbank led the cloud marketing efforts for Microsoft in the U.S. Edwards brings 18 years of experience in the IT industry as a technology evangelist and technology profes-sional. He carries multiple cer-tifications in the fields of secu-rity, virtualization and networking. Prior to BidSync, Edwards was with Canon Business Solutions in its IT department.

CONSTRUCTION • Longtime contractor ser-vice centers Mountainlands Area Plan Room Salt Lake City and Nevada-based Construction Notebook Meade Ave. Las Vegas recently announced a recip-rocal agreement for their mem-bers to utilize each others’ facili-ties as part of an overall expansion plan by each to provide access to more construction opportunities in the region. MAPR’s contractors and manufacturer members inter-ested in the Southwest can uti-lize Notebook’s Meade Boulevard Las Vegas facility when in town. Construction Notebook members in Utah they can visit MAPR offices in St. George and in Utah and Salt counties. Both offer sig-nificant discounts for those inter-ested in physical or online access to construction projects bidding. • Jackson & Leroy Remodeling, Salt Lake City, has been named a 2011 Master Design Awards winner by Qualified Remodeler magazine. The annual awards program, now in its 33rd year, recognizes

outstanding achievement in residential remodeling projects in 22 categories. Jackson & LeRoy Remodeling won Gold in the Whole House More Than $500,000 category. • Cache Valley Electric, Logan, was recently recognized as one of the 2011 Kennecott Utah Copper (KUC) Top 30 suppliers. The honor recognizes CVE as one of KUC’s top partners that continues to assist the firm in its effort to improve the daily operations at the KUC facility. CVE’s Teledata Division was recognized for its continuous efforts to update and improve KUC’s network infrastructure. Cache Valley Electric has completed numerous contracts for KUC over the past 25 years. The contracts include large industrial electrical projects, voice and data projects, as well as technology integration projects. • VCBO Architecture, Salt Lake City, has promoted Vern Latham, AIA, to partner. In his new role, Latham will be responsible for providing direction on some of the firm’s most significant projects, specifically religious, athletic and educational facilities. Latham has more than 20 years of experience and has been with VCBO since 1993 in progressively more responsible positions. His portfolio includes a number of temples for The Church of Jesus Christ of Latter-day Saints, most recently the Rome, Italy temple. In addition, he has designed many K-12 education projects. • Big-D Construction, Salt Lake City, has promoted Rich Hazel to vice president. Serving as

division manager of Big-D’s Light Commercial Group since February 2011, and previously as vice president and general manager of a respected local general contracting firm since 2004, Hazel will continue to bring in-depth knowledge and experience in overall management, business development, estimating and operations to the Big-D team. Hazel is a graduate of University of Utah in Economics and Sociology, with an MBA from Westminster College. • Ralph L. Wadsworth Construction Co. LLC, Draper, was awarded a design-build contract by the Pointe Development Co. for $20,969,000. The job entails the design and construction of an interchange on I-90 just across the Washington border in Post Falls, Idaho and involves the construction of two bridges and

asphalt roadway. Design will begin immediately and construction is scheduled to begin in the spring of 2012 with completion by the end of 2012. • James Murray has joined BHB Consulting Engineers, Salt Lake City, as a project engineer. Murray received his M.S. in civil from the University of Utah in 2010. Previously he worked as a structural engineer where he developed a solution for saving a hospital from condemnation due to fire damage. He also researched and engineered the green design of a restaurant in Springdale. • The Utah chapter of the Society for Marketing Professional Services (SMPS Utah) has announced the 2011 winners of the annual Marketing

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Communication Awards that recognize the year’s best marketing efforts by marketing professionals serving Utah’s architecture, engineering and construction (A/E/C) Industry. MHTN Architects won in the “Best Website” category for the redesign of its website. Michael T. Buell, CPSM, of MHTN Architects, was named Marketer of the Year. General Contractor R&O Construction won first place in “collateral/give-away” category for its promotional give-away items. BHB Structural Engineers won in the “Best Campaign” category for its technical e-mail marketing campaign. Shana Yonemura of ARW Engineers was awarded with “Rising Star of the Year,” a recognition of someone with less than three years of industry experience who has made a difference to the community and their firm.

FINANCE • Provo-based Paragon Wealth Management, originally called The Center for Financial Excellence, celebrated 25 years of business last month. The compa-ny was registered with the SEC in 1993, and the name was changed to Paragon Capital Management. It was changed to Paragon Wealth Management several years later.

Paragon is known for its growth portfolio called Top Flight. It has generated a total return of 378.74 percent versus 64.76 percent for the S&P 500 from its inception on Jan. 1, 1998 through Oct. 31, 2011. Its compound annual return is 12.06 percent versus 3.7 percent for the S&P 500.

HEALTH CARE • The University of Utah Health Care’s AirMed has opened a 24-hour aircraft base at Mountain View Hospital in Payson. Crew relocated to Mountain View Hospital from Timpanogos Regional Hospital in Orem. Established in 1972 as the eighth air medical transport program in the nation, AirMed, U of U Health Care’s air ambulance program, serves as a lifeline to the U’s expert critical care team and facilities. AirMed provides service to the largest geographi-cal region in the country, which includes Utah, Idaho, Wyoming, Montana, and parts of Nevada and Colorado. • The Intermountain Medical Center Homer Warner Center for Informatics Research is the best hospital information technology department in the nation among hospitals with more than 351 beds, according to a study commissioned by Healthcare IT News, a medical informatics jour-nal. The study was based on a

confidential survey completed by IT staff members in 179 hospi-tals that were nominated for the award. The survey was designed to measure statistically exception-al IT departments by assessing IT employees’ satisfaction in seven categories: daily work, immediate team, workplace culture, senior managers, training/development, direct supervisors and compensa-tion. INSURANCE • Beginning with individual and agency insurance licenses that expire Feb. 29, 2012, the Utah Insurance Department will e-mail courtesy renewal notices to licensees at their business e-mail address. No longer will renewal notices be mailed. Correspondence sent by the department to the busi-ness e-mail address on file with the department will be consid-ered received by the licensee. All licensees are required to maintain with the department a valid e-mail address where the licensee can receive renewal notices, billing invoices, etc., as required by Rule R590-258 effective Sept. 8, 2010. Each licensee is also required to confirm that the spam filter for this e-mail address will accept e-mail correspondence from the depart-ment. Submitting and maintaining a current e-mail address can be done electronically at www.sircon.com/utah or www.nipr.com.

LAW • The Salt Lake City law firm of Parr Brown Gee & Loveless have been recognized by Benchmark Litigation and its sister publication, Benchmark Appellate, as a “highly recom-mended firm” in the state of Utah. Five Parr Brown attorneys were also recognized in the recent publications. Only those individu-als who were recommended con-sistently as reputable and effective litigators by clients and peers were included in this group. The five attorneys are Jeffrey J. Hunt, Ronald G. Russell, Robert S. Clark, James Ahlstrom and David Reyman. Benchmark Litigation is the only publication on the market to focus exclusively on litigation in the U.S. Benchmark Appellate is a sister publication that focuses exclusively on the litigation at the appeals level. • Eric G. Benson has joined the Salt Lake City law firm of Ray Quinney & Nebeker as an associate. He works in RQ&N’s Litigation Section, and will prac-tice within the firm’s White Collar Criminal Defense and Corporate Compliance Practice Group. Prior to joining the firm, Benson served as an assistant United States attor-ney for the District of Utah, where he prosecuted a wide variety of criminal cases, including wire fraud, mail fraud, violent crimes,

drug crimes and immigration cases. • Jones Waldo, one of Utah’s most enduring law firms, has added a new attorney and a new staff member. Attorney Adam T. Mow has joined Jones Waldo in the position of counsel. He is a gradu-ate of the S.J. Quinney College of Law at the University of Utah and holds a bachelor’s degree in architecture from Ball State University. A licensed architect, Mow’s practice focuses primarily on construction law. Prior to join-ing Jones Waldo, Mow was with Babcock, Smith & Babcock in Salt Lake City. Sue Skanchy joins the firm as chief operating officer. She was most recently chief finan-cial officer for Utah Food Bank. Skanchy earned an MBA from the University of Utah after receiving her bachelor’s degree in finance from Brigham Young University.

MANUFACTURING • Zarbee’s, a Salt Lake City purveyor of consumer health care brands, has named Tim Wright as its chief marketing officer. A 29-year consumer health care veteran, Wright joins Zarbee’s from GlaxoSmithKline Consumer Healthcare, where he served as president, global marketing. While there, he delivered market-leading growth for the company’s larg-est OTC and oral health brands,

from previous page

continued on page 11


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Design Matters

Executive Lifestyle

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Staffing Matters

HR Matters

Real Estate Matters

Executive Lifestyle

Legal Matters

You’re a small business going up against large rivals. How do you compete? Easy. Steal a page from their playbooks. According to Joe Cole, CEO of NAPEO, “Over the last decade, many large businesses have leveraged a business phe-nomenon known as busi-ness process outsourcing ... The concept is simple. The company focuses on their core competencies — its products and services, cus-tomers, marketing, etc. — and outsources critical, yet noncore, functions.” Some of these basic functions that are leveraged in an outsourced arrangement are human resources and administrative processes — services provided by a profes-sional employer organization. Most small companies only have resources enough to hire employees to perform the essential duties of their product or service. When money is tight, there’s only so far a dollar can stretch. What often happens is an employee who

was hired to handle office duties “falls into” a human resources role. Although the arrangement seems to be working, a true human resources professional can help protect the company in a number

of areas, such as: • Creating employee policy hand-books; • Consulting to avoid allegations of wrongful termination, discrimination, harass-ment or other employ-ment-related lawsuits; • Investigating such claims to show

immediate action and due dili-gence; • Training managers and supervisors properly to prevent unintentional wrongdoing; • Researching multi-state laws and regulations to ensure compliance; • Coaching on employee per-formance and conduct to enhance production; • Providing recruiting tips

and best practices to hire the right employees upfront and help avoid costly turnover; and • Educating on legal matters, such as compliance with FLSA, ADA, UNLA, ADEA, FMLA, ERISA and all other laws that seem to be rapidly changing and evolving. This sounds great in theory, but does any of this really apply to a small business? In regards to law compliance, the answer is actu-ally: it depends. Most laws have a minimum number of employ-ees that a company must have in order to have the federal mandate of compliance. However, some laws apply to employers of all sizes — and I’ve yet to meet a business that wasn’t interested in having employees achieve higher performance ratings and/or attract better quality employees from the get go. In addition to human resources, professional employer organizations (PEOs) produce payroll for clients and assumes full responsibility for withhold-

ing and remitting payroll taxes. Most guarantee timely and accu-rate payroll services and take the frustration and liabilities out of payroll administration. If the IRS comes knocking, it’s on the PEO’s door — clients simply have to report hours, customizable to their needs (e-mail, fax, online via ESG’s Web portal, or sync with timekeeping system). PEOs can handle the most complex of pay-roll needs, including job costing, Davis-Bacon wages, sick/vaca-tion/PTO tracking and accruals, garnishments, certified payrolls, pre- and post-tax deductions, and federal and state tax deposits and filings — and can provide custom-ized reports to suit clients’ needs. Many PEOs’ services also include risk management, which encompasses a coverage arm to procure workers’ comp insurance; a safety arm that helps prevent workplace injuries; and a claims management arm that aggressively manages claims in the event of an accident to help employees get back to work as soon as possible

(and minimize the hit against cli-ents’ insurance policies). Many companies don’t realize there are more workers’ comp carriers than the one they hear or see adver-tised most frequently — and, as a result, they don’t take the time to research the best rates for their coverage. Furthermore, most com-panies don’t understand the toll a workplace injury takes on its employee morale and insurance coverage … until it happens. PEOs strive to find the best coverage for clients’ needs and aim to help clients avoid workplace injuries. Risk management team can pro-vides onsite safety trainings, send out monthly safety newsletters and develop tailored safety programs to help manage client risk. There’s also a benefits solu-tion provided by many PEOs. Offering and administering ben-efits creates a huge headache for small employers, particularly when there’s a shortage of time to even explore multiple offerings in the first place. PEOs can track

How to compete with large companies

Sher Shields

see HR next page


and determine benefits eligibility, ensure benefit plan compliance, notify carriers of employees’ elec-tions, reconcile benefit invoices, assist with insurance renewals and provide enrollment assistance to employees. You may be asking, “How can I afford all of these services when I’ve made my last dollar stretch as far as it can?” You may be surprised to learn how affordable PEO services are. Most aggregate hundreds of small businesses to create economies of scale in health insurance, work-ers’ compensation, payroll servic-es and human resources support. You benefit from the cost advan-tage and now have access benefits often associated with Fortune 500 firms to attract and retain higher quality employees.

Sher Shields, PHR, has a mas-ter’s degree in business admin-istration (emphasis in human resources) and over eight years of HR experience. She has been with Employer Solutions Group (ESG) since 2003, a PEO that provides human resources con-sulting, payroll and administrative services, creative benefit offerings and employer liability reduction to its client companies. For more information, visit ESG online at www.esghr.com.

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ClassicClassicJan.8-Feb.19, 8PM

Sundays

The most talked-about miniseries of 2011 returns.We dare you not to get addicted.

7 new episodes!

Downton Abbey

• Calendar • • Jan. 10, 7:15-9 a.m.: Association for Corporate Growth Utah January Breakfast Program. January 10 Breakfast Program. Guest speaker will be John E. Richards, managing part-ner of UtahAngels and co-found-er of BoomStartup. Location is the Little America Hotel, 500 S. Main St., Salt Lake City. Free to ACG members, nonmembers pay $30 to $45. Register at http://www.acg.org/utah/events/event.aspx?EventId=4091. • Jan. 11, 5:30 p.m.: “Mistakes to Avoid in Preparing for Funding,” sponsored by the SLC Entrepreneur Circle. Entrepreneurs Alan E. Hall, angel investor, and Dr. David Norton, investment manager for the invest-ment fund Island Park, will join representatives from the regional venture capital and angel investors community to share their personal tips, tricks and wisdom on the ways entrepreneurs can success-fully find new funding in 2012. Location is Zions Bank, 1 S. Main St., Salt Lake City. Free. Register at http://www.meetup.com/SLC-Entrepreneurs/events/40460732. • Jan. 12, 7:30-9:15 a.m.: Utah Economic Review, spon-sored by the Salt Lake Chamber. Participants will learn about the economic issues of the day — the European debt crisis, stock

market volatility, federal debt/deficit challenges, employment, income, housing and more. The Utah Economic Council will share its forecast for the com-ing year, and Gov. Herbert will share his economic guidance and insights. Location is the Little America Hotel, 500 S. Main St., Salt Lake City. Cost is $45 and includes breakfast and a copy of the Economic Forecast. Register at www.slchamber.com, by calling (801) 328-5060 or by e-mailing [email protected]. • Jan.19, 6-8 p.m.: 2012 Annual Construction Forecast Dinner Meeting, sponsored

by Associated Builders and Contractors of Utah and the American Society of Professional Estimators. Keynote speakers will be James Wood, director of the Bureau of Economic and Business Research at the University of Utah; and Glen Beckstead, ASPE, cost estimator for MHTN Architects. Location is the Sheraton Hotel, 150 W. 500 S., Salt Lake City. Cost is $60 for ABC, ASPE and NAWIC members, $80 for non-members. Register by calling (801) 708-7036 or e-mailing [email protected]. • Jan. 31, 7 a.m.-noon: 2012 Utah Commercial Real Estate

Symposium, sponsored by the Utah chapters of CCIM & NAIOP. Dr. Sam Chandan, president and chief economist of Chandan Economics, will keynote; local commercial real estate profes-sionals will present industrial, investment, office, multi-use/retail and multi-family/apartment market overviews and Zions Bank will present a Capital Markets Update.Location is the second floor ballroom at the Hilton Salt Lake City Center, 255 S. West Temple. Cost is $95 for CCIM and NAIOP members, $125 for nonmembers. Register at http://bit.ly/2012Symposium.


including Sensodyne, Aquafresh, alli, Nicoderm, Panadol, Polident/Poligrip and Breathe Right. Zarbee’s is billed as the fastest-growing children’s cough and cold brand in the country.

MEDIA/MARKETING • Larry H. Miller Sports & Entertainment has promoted Libby Arias to local sales man-ager for KJZZ-TV and Megaplex Theaters and Chris Barney to local sales manager for KFAN Radio. Arias is in her eighth year with KJZZ-TV and previously worked as a senior account execu-tive for the station. In her new position, Arias will oversee the local sales staff for KJZZ-TV as well as pre-feature advertising for the Megaplex Theatres. A native of Columbia, Arias has also spent time at KSL-TV, KUTV, KSTU-TV and Simmons Radio and has over 20 years of experience in media sales. Barney is in his fourth year with 1320 KFAN (KFNZ), joining the group when Larry H. Miller Sports & Entertainment began operating the radio station. In his new position, Barney will oversee KFAN’s local sales staff and sponsorship sales for high school sports broadcasts. A gradu-ate of the University of Utah, Barney was previously a senior

account executive with KFNZ radio. REAL ESTATE • Commerce Real Estate Solutions has completed one of the larger class A office property deals in recent Utah County his-tory by signing CLEARLINK and Ancestry.com to multi-year leases. Together, the companies occupy 54,000 square feet or three of the four floors of the Canyon River Office Park’s Center I Building located at 727 N. 1550 E. in Orem. The building was purchased earlier this year by Ace Real Estate Ventures as an invest-ment in the nearly vacant and distressed property. The Orem Commerce Real Estate Solutions’ broker team — James Bullington, Josh Martin, Dan Donaldson and Brandon Huntsman — marketed and negotiated on behalf of Ace to achieve this successful transac-tion. • The Salt Lake City office of CBRE has listed Tabby Mountain Ranch, a nearly 3,800-acre hunt-ing ranch in Tabiona. The ranch includes an 11,000 square foot lodge, barn, two storage buildings, 242 shares of water, three fishing ponds, a 2,800 square foot care-taker’s home and 50 head of bull elk enclosed within an 1,100-acre high-fenced area. Bruce Zollinger and Patrick Juhlin of CBRE’s

Land Services Group represent Minnesota-based Premier Bank, the seller. The property is listed at $6.5 million. The property was once for sale on the market at $10 million. The lodge includes 13 master suites with flat-screen televisions, 16 bathrooms, two great rooms, dining room, office, conference room, gun-safe room, family room and gourmet kitch-en. Made of log construction, the lodge features large roof vaults, an elevator and an outside deck that spans nearly 3,300 square feet.

RETAIL • Golden Braid Books, a small, independent bookstore in Salt Lake City, has undergone a “re-envisioning” or total remod-eling. Products and books are now integrated in easy-to-find, intuitively themed sections, there are expanded jewelry and body care sections, and an new home and garden section, all promoting “conscious living.” Holiday and seasonal inventory are always a mainstay as well. Golden Braid is the first store in Utah to install “mood lighting.” RaLights full spectrum lights typically are used as light therapy for those with sea-sonal or mood disorders. • Salt Lake Running Co., a Salt Lake City specialty running retailer, has been recognized for the sixth consecutive year as one

of “The 50 Best Running Stores in America.” The judging culmi-nated in the store’s recognition at an awards ceremony in Austin on Dec. 9 as part of The Running Event, an annual conference and trade expo for specialty running retailers. Only 20 stores nation-wide have had the honor of being named six years in a row.

SERVICES • Texas-based Redi Carpet, which bills itself as the nation’s largest exclusive multi-family flooring contractor, has acquired One Source Services Inc., a multi-family flooring contractor located in Murray. Sellers Rick Spohn and Dan Davis, as well as other integral employees of One Source, will now join the Redi Carpet family and continue to work throughout the Intermountain West region, with Spohn as general manager and Davis as account manager. The acquisition expands Redi Carpet’s coverage to 17 cities in eight states.

TRANSPORTATION • Hinckley Dodge, South Salt Lake, has named Tracy Tingey as a new car salesman for the auto dealership. Tingey is a certified salesman accredited by the National Automotive Dealer Association. He is a graduate of Weber State University with a

bachelor of science in criminal justice and recently retired after 22 years with the South Salt Lake City Police Department.

TRAVEL/TOURISM • TripAdvisor, the world’s largest travel site, recently launched its inaugural TripIndex Ski, a cost comparison of popular ski destinations across the United States and Canada, naming Salt Lake City the most affordable ski destination. Numerous factors went into creating the TripIndex Ski, not the least of which was accommodations, a category Salt Lake City also rated “most afford-able.” Another of the categories Salt Lake, and its four world-class resorts – Alta, Brighton, Snowbird and Solitude – scored high in was the cost of lift tickets. The Ski Salt Lake Super Pass, valid at all four of the Cottonwood Canyon resorts, is the most convenient and value-laden lift ticket program in the ski industry. In addition to providing an easy and inexpensive way to experience each of the Cottonwood resorts through a sin-gle lift pass, it includes free trans-portation to/from the resorts on UTA Ski Busses and TRAX light rail. Additional categories making up TripAdvisor’s TripIndex Ski include rental equipment, meals and the cost of a beer.

from page 8

TAHGYMNASTICS

2012

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1. Why are people sending me e-mails with “the most sin-cere wishes … from the bottom of our hearts …” and then asking me to buy their crap IN THE SAME E-MAIL? Couldn’t they send me sincere wishes in one e-mail, and buy my crap requests in the other? When I get these e-mail cards, I make a mental note NEVER to do business with these people. How sincere were your holiday greet-ings? 2. My daughter, Gabrielle, and I had a Chick-Fil-A craving for lunch on Monday. Went to the drive-through and the line was curled around the building and out into the street. Packed. Rats. So we decided to go next door to Burger King and try their “new” fries. NO ONE was in line. The restaurant parking lot was nearly empty at the height of the lunch hour. Consumer report: The fries sucked, but not as bad as their glued together chicken tenders. LESSON: Chick-Fil-A is kicking ass because of QUALITY. When will the others get it? In 2012, quality will trump price. Where is your focus? 3. Fast-food places serve Coca-Cola, EXCEPT when they’re owned by Pepsi. Pepsi had to buy the chain to get the business. Speaks volumes for which drink is the most popular. I can’t picture you bellying up to the bar and ordering a “rum and Pepsi.” My philosophy has always been “don’t offer one or the other, offer both and let the customer choose.” 4. People traveling to see their families during the holidays. They’re joyous and have visions of sugarplums. They’re excited for family dinners, reunions, return-ing soldiers, Christmas dinners and gifts. Only one problem: AIRLINE TRAVEL. There is no worse service in the world. Especially at holiday time. Wouldn’t you think they’d pull out the stops? Serve cookies and milk to passengers (customers) waiting in the two-hour line to pay for baggage? Not a chance. Why? They don’t get service, and they’ll never get WOW! In 2012, service will trump price and lead to loyalty. How’s your service?Now for the good news. 5. This year will be better than the last few. All kinds of oppor-tunities to cash in on. My recipe for 2012 has already been posted, but you can add to the list, and make your resolutions in February. Give yourself a month to make action plans and develop a commit-ment mindset. For the most part, January has never been a “resolu-tion achievement” month. Why not just make the plan in January, and

commit in February? How about this resolution: Limit yourself to five hours of TV a week. Invest the rest of your time on the Internet: to blog, master business social media, and learn more about your custom-ers and your competition. What’s your plan of achievement? 6. The newest sales tools will become dominant in your world. Smartphones are not an option. It will be interesting to see how well

(if) BlackBerry fares. At one point they dominated the market, and now they struggle to stay in it. Why? Failure to progress fast enough, service failures and fierce competition. The jury is still out, but I’d be looking at other options if it were me. What’s in

your pocket? 7. The iPad is dominant. Many corporations are issuing them instead of laptops, and salespeople love them. I see old guys (like me) on the plane pulling out their iPad – 10-hour battery, plenty of software, portable keyboard, touch screen – preparing a keynote pre-sentation, reading a book, listening to music, composing e-mail and playing Angry Birds. Anyone from age two to 92 can master it intui-tively. Steve Jobs’ last and lasting legacy. Got iPad? 8. YOU. What’s with you this year? How will you be better as a person and a salesperson? What will make you better? Ever ask yourself this question as you watch some-thing on TV: Will watching this double my sales? Ouch. Here’s my 40-year observation: Most people have the strength and energy to cre-ate their own world and their own success, yet very few do. Grab your copy of “The Little Engine That Could.” The magic formula is in there. I think you can! I think you can! FORMULA FOR 2012 PERSONAL SUCCESS: Think you can, build up a head of steam, ask for help, give it all you’ve got and be humble and grateful when you make it up the hill.

Jeffrey Gitomer is the author of The Sales Bible, Customer Satisfaction is Worthless Customer Loyalty is Priceless, The Little Red Book of Selling, The Little Red Book of Sales Answers, The Little Black Book of Connections, The Little Gold Book of YES! Attitude, The Little Green Book of Getting Your Way, The Little Platinum Book of Cha-Ching, The Little Teal Book of Trust, The Little Book of Leadership, and Social BOOM! His website, www.gitomer.com, will lead you to more informa-tion about training and seminars, or e-mail him personally at [email protected].

© 2012 All Rights Reserved

Eight things to think about this new year

Jeffrey Gitomer

The mad rush of the holiday season is behind us, and now it’s time to get back to work. As we set about working on all of our new year’s goals and resolutions, we may have overlooked one area for setting goals: technology. Most small businesses, from restaurants and bakeries to marketing companies and accounting firms, will probably utilize some kind of com-puter technology to aid in running their businesses. Computing has come a long way, from room-sized mainframes to tablets and smartphones. Sometimes it seems like technology comes at us in a big rush, and anyone who rushes into anything may regret things later. Here are five technology goals that every small business should try to tackle this year. 1. Data security is our number one concern for small-business technology in 2012. There were numerous major secu-rity breaches last year, including attacks on financial institutions, government agen-cies and many consumer-end computer systems. According to Sophos, a global IT security firm, there were over 500 million private and personal records accessed by hackers since 2005. To work on securing your business data, ask yourself some questions. Where is all of my data? Who can access that data? How can I keep track of it? Some simple things to work on in your busi-ness are making sure that all computers in your office have active antivirus software AND all security updates for the operating systems, AND that all employees use safe Web-surfing habits. If you have wireless Internet access, make sure the password is secure, and that the firmware or software that runs your wireless router is up to date. For any company that keeps financial or cus-tomer data, we suggest installing a firewall on your network to keep intruders out. 2. Technology utilization is important. Think about how much your business has spent on the software and hardware in your office. Some stud-ies suggest that end-users may only use a small percentage of the features available in many soft-ware programs. For example, if you have spent thousands of dollars on a CRM program that should integrate all the processes for managing your business, wouldn’t it be a good idea to offer your employees some training on the software? Rarely does an intricate software program work at 100 percent efficiency straight out of the box. Many software and hardware companies offer online tutorials on using their products. You can also find many resources on the Internet, including video training, for many technology products. Local schools and training companies may offer classroom training or onsite training for various software programs. Even doing something simple like setting aside an hour a week for an employee-driven workshop or meeting to discuss technology might be a good idea. Your employees probably all have different skill levels and can teach each other how to best use specific pro-grams. 3. Cloud computing is not going away. More applications and uses for the cloud are released all the time. From data storage, backups and file shar-ing, to remote application access, small businesses can gain a leg up by utilizing cloud technology. Consider using a data backup cloud solution like Carbonite or Mozy to keep your data safe in case of a data disaster or hardware crash.

Many popular software programs like Microsoft Office and Intuit Quickbooks offer cloud solutions that help with collaboration and productivity. Some companies are eliminating paper invoices and forms by using cloud-based customer relationship programs. For example, a plumbing company may have their technicians use a tablet-based computer to input customer information, complete an invoice, and even take a payment. The customer could receive an e-mail with the invoice

and receipt. 4. Social media is a great mar-keting tool for businesses of all sizes. Using it correctly can be a challenge, but there are many resources available to help people become “social marketing experts.” Social media allows businesses to connect with their customers on a very personal level. It is a great way to get your message out there without having to spend a lot of money.

Facebook, Twitter and Google+ are the most popular social media sites to use. They can also be huge time wasters, so be careful. Try to make a plan for social media. Schedule specific times during the week to engage your customers and potential customers, and stick to those times. Try to use the 90/10 rule. Ninety of your posts and messages should be friendly, helpful, informative, funny and interesting. Ten percent can be actual advertisements for your business. Remember, the power of social media is that people are willingly sharing information, and they can easily block you out if they don’t like your message. We like the power of an informative newslet-ter to help spread the word about a business. Try to make the newsletter easy to read, informative and compelling. You want people to actually read the newsletter, and pass it along to the people they know. 5. Technology moves fast, and if your busi-ness is using outdated hardware and software, it may actually cause productivity issues. If you send many documents back and forth with customers and your version of the software is out of date, it may be harder for the recipients to read the docu-ments you are sending. Most computer desktops and servers need to be replaced after four to five years. Surge protectors and battery backup devices (UPS) also have a shelf life. For surge protec-tors, expect one year of surge protection for every $10 you spend, with a maximum of three to four years. It can be expensive to upgrade software every year, but when a company officially stops support-ing the software, it may be time to upgrade. This is especially important for operating systems like Microsoft Windows and Apple. By staying on top of technology and follow-ing the trends, businesses of all sizes can compete both locally, and in the ever-increasing global mar-ketplace.

John Stewart is the operations manager for inQuo, a computer support and repair company based in Salt Lake City. With more than 20 years of com-bined experience, the inQuo staff can fix a wide variety of computer issues for small businesses and home users. For more advice and information visit www.inquo.wordpress.com, call (801) 349-2762, or send e-mail to [email protected].

New year technology goals for small business

John Stewart


One of the painful realities of life as an economist and professional speaker is that the subject matter of economics is typically viewed (with good reason!) by the general public as confusing, intimi-dating and boring. As a result, trying to present weekly economic and financial information with an unusual twist can occasionally be a most welcome change. Warning! This week’s column is my semi-annual economic, financial and political update … using today’s cur-rent movie titles. My sincere apology in advance to anyone I might offend.

The Federal Reserve THE VOW taken by Federal Reserve members to keep inflation at bay may be sorely tested in com-ing years. ONE FOR THE MONEY has taken on new meaning as more than two tril-lion dollars of mortgage bonds and U.S. Treasury securities have been bought by the Fed, the intent to push long-term interest rates lower. Such bonds could ultimately be an ALBATROSS around the Fed’s neck if and when the general level of interest rates returns to more traditional levels. Fed Chairman Ben Bernanke could find himself a MAN ON A LEDGE at that time.

Europe The financial mess continues, with debt CONTAGION spreading from one country to the next. Too many nations may find themselves CHIPWRECKED with little success in this dangerous game of MONEYBALL now being played across the Continent. THE DARKEST HOUR has not as yet been felt across Europe. German and French leadership must wonder at times whether they BOUGHT A ZOO of problems much larger than the initial euro agreements suggested. Hopefully, THE SITTER (German Chancellor Angela Merkel), also known as the 21st Century version of THE IRON LADY, will find believers in the idea of fiscal sanity before THE IDES OF MARCH roll in.

Youth Unemployment One casualty long overlooked in the European financial CARNAGE is the lack of job opportunities for YOUNG ADULTs across Europe. Gaining that first job — getting that first valuable work EXPERIENCE — is crucial to longer-term success for workers. The same is true in the U.S. and other parts of the world, where THE DESCENDANTS of hard working peo-ple from around the globe lack such opportunities. American teenage unem-ployment at 23.7 percent of the labor force (those actually seeking jobs) has a PARIAH impact upon their future employment options.

An End to Iraqi War … The New Year finds a BREAKING DAWN of optimism coupled with fear in Iraq, now lacking an American mili-tary presence. Hopefully, THE DEVIL INSIDE too many diverse groups

and religious persuasions will give way to moderation and civility and a COURAGEOUS approach to a lasting peace.The idea of children FOOTLOOSE and fancy free, with HAPPY FEET TWO celebrate an end to war and suffer-ing, with JOYFUL NOISE of children laughing, is a powerful image indeed.

… and Still in Afghanistan What many might consider a MISSION IMPOSSIBLE, an end to war and death in Afghanistan, remains at play. The WAR HORSEs continue to fight in THE LAND OF BLOOD AND

HONEY, with this conflict now being the longest in American history. Here’s hoping the devastation of death can give way to THE FLOWERS OF WAR, a ces-sation of hostilities, while at the same time limiting the spread of venom and hate to nearby nations and their peoples.

The Congress Leaders of the House of

Representatives and the Senate contin-ue their HAYWIRE relationship with one another. THE DIVIDE is as wide, and damaging, as at almost any other time in American history. A GAME OF SHADOWS and political intrigue among and between key PLAYERS serves not this nation. EXTREMELY LOUD AND INCREDIBLY CLOSE whining and nay saying between members of the primary political parties must give way to what is in America’s best interests. A lack of cooperation approaching PARANORMAL ACTIVITY merely threatens another downgrade of American debt during 2012, with higher borrowing costs … and resultant even larger budget deficits … sooner rather than later. In my mind, THE HELP in the U.S. Congress — people sent to the nation’s capital to do the peoples’ busi-ness — suffers from an ABDUCTION of common sense that needs to be turned around quickly. ONCE UPON A TIME, Congressional members did work togeth-er better. Certainly they do not have to act as NEWLYWEDS. Nevertheless, an imminent DECLARATION OF WAR against disastrous future budget deficits is mandatory as THE GREYing of the population continues. Perhaps new and positive individual resolutions adopted on NEW YEAR’S EVE by Congressional members will help turn the corner toward A SEPARATION between vile and biting comments … and those constructive comments, ideas, and actions that benefit all Americans. Time is short to avoid the type of chaos now engulfing Europe.

Jeff Thredgold is the only economist in the world to have ever earned the CSP (Certified Speaking Professional) inter-national designation, the highest earned designation in professional speaking. He is the author of econAmerica, released by major publisher Wiley & Sons, and serves as economic consultant to Zions Bank.

The movie piece

Jeff Thredgold

As we enter 2012, I can’t help but reflect on 2008. The economy had crashed and we elected a new President on “Hope & Change.” We hoped things would change, but have they? YES … for the worse! And what does that mean for businesses large, and particularly small? Here’s the sitch … The government hasn’t helped one iota. We’re still spending like drunken sailors; there is still a tremendous amount of uncer-tainty regarding energy, health care and taxes. The ONLY reason the economy hasn’t con-tinued to plummet is because con-sumption that was postponed had to eventually take place in some sectors. Cars and washing machines, wear out, for example, and simply must be replaced. Businesses that don’t stay up with technology simply can’t continue to compete. So some movement has to take place. It just has to. And give credit where credit is due. Some smart businesses inno-vate and come out with products, pro-grams and services that are particularly designed to serve people and other businesses in these economic circumstances, helping people cope with the economic conditions. These products and service will be bought. But you don’t see an improvement in housing, do you? Not much anyway. Because most of us who can keep our homes are doing just that. So what is the message for businesses? How do you market in this economy? The most important answer is that you DO. I have a client in Wisconsin who blames the economy for his woes. He is likely to lose his business in the next few months, unless he can sell it. Sad. He’s been a successful busi-nessman for over 30 years. But he refuses to do what must be done to save it. He refuses to do things differently than he ever has. He refuses to innovate in his marketing. He’s literally pinning his hopes on an economic turnaround that will lift all boats and provide the “automatic prosperity” he once enjoyed. Ain’t gonna happen. Not for him, not likely for you and me, not likely ever again. No, from now on, we’re all going to have to earn our right to survive and thrive in the world of business.

The Compound Complication Bad enough, the economic crash. But something else happened at about the same time that has made things all the worse for most businesses. What was it? The iPad. I’m serious. The introduction of the iPad literally changed everything, almost over-night. The Internet was already revolutionizing the world of marketing and advertising, but the iPad – and the online and mobile innova-tions that came along at about the same time – have accelerated the speed of that revolution beyond almost everybody’s ability to cope. The epitome of the point is the iPad television commercial that said, in part, “Now you can watch a newspaper; listen to a maga-zine …” The lines of the media have blurred to the point that they are almost unrecognizable. You go online and radio stations look like TV stations, TV stations look like newspapers and

magazines. You can get your newspaper, TV or radio streamed right to your computer, your phone or that iPad or lesser tablet. Books are now electronic and so are the papers, maga-zines, newsletters and on and on. The Yellow Pages are all but dead, major daily newspapers are fast diminishing, and one wonders if they’ll be around in a decade. The fallout is, on the surface, it looks like nobody knows the rules of the game anymore. Shoot, they don’t even seem to know the shape of the ball. What used to work – or so we thought – doesn’t anymore.

Or does it? To be sure, the world of media and advertising has so changed that one is tempted to draw that conclusion. But could it be that what allegedly “used to work,” never really did, but we were in such pros-perous and easy times that it seemed like it did? Today I hear all the time that direct mail doesn’t work, “like it used to,” that newspaper, radio, newspaper doesn’t work, “like it used to.”

Most of the people who say this are still running the same kinds of ads “they used to,” and are surprised they don’t work anymore. When odds are they weren’t working all that well before. But it felt like they were because in “the good ol’ days,” you had the force of volume. It’s just the way it is that fewer people are reading their newspapers, watching TV or listening to the radio. No wonder the same old ads are bringing the same old results. Interestingly enough, almost everybody still gets mail, so why isn’t it working “like it used to?” Well, it is … and so are the other media. And some of it’s working even better. But only for the people who are innovating its use. I have clients who are routinely getting response rates of 7 percent, 10 percent, 16 percent … all the way up to 40 percent. But it’s not your daddy’s direct mail, or radio, or whatever. Want to know the secret? Go back to tried and true basics: Start with chasing the right people. Start with marketing to your house list. Make a strong, irresistible offer. Ten percent off doesn’t cut it. Never has. But espe-cially not now. Employ a compelling headline that sucks in the reader or listener or viewer. Pack your message with powerful BENEFIT statements. Get personal. Avoid “ad speak.” Talk to people in your advertising as you would talk to them face-to-face. Use these basics in all your advertising, in any media, and you’ll overcome the com-plexities and simply succeed.

Jim Ackerman is a Salt Lake City-based mar-keting speaker, marketing coach, author and ad writer. For his speaking services go to www.marketingspeakerjimackerman.com or contact him directly at [email protected]. Subscribe to his VLOGS at www.YouTube.com/MarketingSpeakerJimA, where you get a video marketing tip of the day, and at www.YouTube.com/GoodBadnUglyAds, where Ackerman does a weekly ad critique and lets you do the same.

©2012, Jim Ackerman, All Rights Reserved

Compound complexity

Jim Ackerman


The latest evidence of sim-mering racial resentment on the American political fringe showed up recently in a Facebook post by a California man who urged the assas-sination of the president and his two daughters in obscene, racist language. Aside from the Secret Service, there was little reason for most of us to pay attention to this sick boob — except that he was identified as a local politi-cal leader of the tea party and an avid supporter of Rep. Ron Paul, the Texas Republican who now seems likely to place first in the Iowa presidential caucuses. To those who have followed Paul’s long career as a failed presidential candidate — these campaigns have become a family business — the appearance of yet another racist nutjob in his orbit is scarcely news. The newsletters

that earned millions of dollars for him from gullible subscrib-ers over the decades were often

soiled with vile invec-tives against blacks and other minorities. He is a perennial favorite of the John Birch Society and kindred extremists on the right. He once refused to return a dona-tion from a leader of the Nazi-worshipping skin-heads in the Stormfront movement.

What is it about the kindly old doctor that attracts some of the most violent and reactionary elements in society to his banner? For many years, Paul was merely an outlying crank in the ranks of the Republican Party — a “libertarian” who courted the paranoid bigots in the John Birch Society, whose monthly magazine featured his name on its masthead

as a “contributing editor.” More than a decade ago, during his 1996 campaign for Congress, the racist ravings in his newsletters were first exposed — the same series of articles that besmirched Martin Luther King and Barbara Jordan and encouraged every racist ste-reotype about African-Americans as criminals and welfare depen-dents. He disowns those words now, but back then a spokesman defended them as merely “taken out of context.” Back then, his rhetorical flir-tations with the White Citizens Councils hardly mattered. Almost nobody bothered to listen seri-ously to his urgings that America return to the gold standard, repeal the income tax and the direct elec-tion of U.S. senators and erase all of the advances of the past century in protecting the public from cyclical depressions, poison-ous food, water, air and drugs, and

the insecurities of poverty, old age and ill health. Most Americans still could remember when this Darwinian ideology influenced policy and knew that the nation was not better off — except for a few robber barons — back in the days before Theodore Roosevelt inaugurated the Progressive Era, beginning a century of reform. On the far right, including wealthy figures such as the Koch family that once supported the Birch Society and now backs the tea party, there are many who share Paul’s brand of political nos-talgia. Kindly and gentle as he appears, Paul has always known how to sound the dog whistle that excites them, whether it was in the race-baiting that adorned his newsletters for years, the claims that medicine served us better before Medicare and Medicaid or the campaign against the Federal Reserve. Although Paul has occa-

sionally disavowed his support-ers on the ultra-right when politi-cal expediency demanded it, they have never abandoned him — and they won’t, because whether or not he is actually a racial bigot, he shares their disdain for the 20th century. There is little reason to worry about the policies of a Paul admin-istration, despite his current lead in the Iowa polls. But the rise of the tea party and the vacuum of leadership in the Republican Party have created a space for Paul’s lethal fantasies, which if enacted would return us to the bad old days of mass poverty, rampant pollution, racial supremacy and all the other ills that characterized the America of the robber barons.

Joe Conason is the editor in chief of NationalMemo.com.

Copyright 2012Creators.com.

The lethal fantasies of dear old Ron Paul

Joe Conason


If Newt Gingrich were being nominated for sainthood, many of us would vote very differently from the way we would vote if he were being nominated for a politi-cal office. What the media call Gingrich’s “baggage” concerns largely his per-sonal life and the fact that he made a lot of money running a consulting firm after he left Congress. This kind of stuff makes lots of talking points that we will no doubt hear, again and again, over the next weeks and months. But how much weight should we give to this stuff when we are talking about the future of a nation? This is not just another elec-tion and Barack Obama is not just another president whose poli-cies we may not like. With all of President Obama’s broken prom-ises, glib demagoguery and cyni-cal political moves, one promise he has kept all too well. That was

his boast on the eve of the 2008 election: “We are going to change the United States of America.” Many Americans are already saying that they can hardly recog-nize the country they grew up in. We have already started down the

path that has led Western European nations to the brink of financial disas-ter. Internationally, it is worse. A presi-dent who has pulled the rug out from under our allies, whether in

Eastern Europe or the Middle East, tried to cozy

up to our enemies, and has bowed low from the waist to foreign lead-ers certainly has not represented either the values or the interests of America. If he continues to do nothing that is likely to stop terrorist-sponsoring Iran from get-ting nuclear weapons, the conse-quences can be beyond our worst imagining. Against this background, how much does Newt Gingrich’s

personal life matter, whether we accept his claim that he has now matured or his critics’ claim that he has not? Nor should we sell the public short by saying that they are going to vote on the basis of tabloid stuff or media talking points, when the fate of this nation hangs in the balance. Even back in the 19th centu-ry, when the scandal came out that Grover Cleveland had fathered a child out of wedlock — and he publicly admitted it — the voters nevertheless sent him to the White House, where he became one of the better presidents. Do we wish we had another Ronald Reagan? We could certain-ly use one. But we have to play the hand we were dealt. And the Reagan card is not in the deck. While the televised debates are what gave Newt Gingrich’s candidacy a big boost, concrete accomplishments when in office are the real test. Gingrich engineered the first Republican takeover of the House of Representatives in 40 years — followed by the first

balanced budget in 40 years. The media called it “the Clinton sur-plus” but all spending bills start in the House of Representatives, and Gingrich was Speaker of the House. Speaker Gingrich also pro-duced some long overdue welfare reforms, despite howls from liber-als that the poor would be dev-astated. But nobody makes that claim any more. Did Gingrich ruffle some feathers when he was Speaker of the House? Yes, enough for it to cost him that position. But he also showed that he could produce results. In a world where we can make our choices only among the alternatives actually available, the question is whether Newt Gingrich is better than Barack Obama — and better than Mitt Romney. Romney is a smooth talker, but what did he actu-ally accomplish as governor of Massachusetts, compared to what Gingrich accomplished as Speaker of the House? When you don’t

accomplish much, you don’t ruffle many feathers. But is that what we want? Can you name one impor-tant positive thing that Romney accomplished as governor of Massachusetts? Can anyone? Does a candidate who represents the bland leading the bland increase the chances of victory in November 2012? A lot of candidates like that have lost, from Thomas E. Dewey to John McCain. Those who want to con-centrate on the baggage in Newt Gingrich’s past, rather than on the nation’s future, should remember what Winston Churchill said: “If the past sits in judgment on the present, the future will be lost.” If that means a second term for Barack Obama, then it means lost big time.

Thomas Sowell is a senior fellow at the Hoover Institution, Stanford University, Stanford, CA 94305.

Copyright 2012Creators.com

The past and the present

Thomas Sowell

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The Enterprise - Utah's Business Journal, Jan. 2, 2012

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