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GAME OF DRONES

The drone revolution has finally entered the American psyche. In fact, in late-December, the Federal Aviation Administration revealed that they have chosen several sites in a number of states to test unmanned drones in order to integrate them into our national airspace. The climate has certainly changed and unmanned aerial vehicles, or drones - will be written by professional journalists, who offer a fresh perspective and an objective eye that will give you a well-rounded look at big topics. Our reporters L.A. Rivera, Amy Armstrong and Monica Link have chronicled a story dubbed, “Year Of The Drones,” which looks into the future of drones in America.

The drone revolution has finally entered the American psyche. In fact, in late-December, the Federal Aviation Administration revealed that they have chosen several sites in a number of states to test unmanned drones in order to integrate them into our national airspace. The climate has certainly changed and unmanned aerial vehicles, or drones - will be written by professional journalists, who offer a fresh perspective and an objective eye that will give you a well-rounded look at big topics. Our reporters L.A. Rivera, Amy Armstrong and Monica Link have chronicled a story dubbed, “Year Of The Drones,” which looks into the future of drones in America.

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Issue 58 Dec / Jan 2014<br />

<strong>GAME</strong><br />

<strong>OF</strong><br />

<strong>DRONES</strong><br />

exclusive interview with<br />

daniel suarez<br />

Fiscal Game Changer<br />

Brokers & Advisors face new rules<br />

Higher 401K Contributions<br />

Is there a savings shortage in America<br />

What is the TPP all About?<br />

Why the Secrecy?<br />

Baby Boomers Lagging on Savings<br />

Half a million dollars short on retirement


Built for the road ahead.<br />

Designed for living. Engineered to last.<br />

Vertrek Crossover<br />

w/ Ford’s Kinetic Design<br />

Eco-Boost Engine<br />

Hybrid Regenerative Braking<br />

w/ Auto-Stop-Start Technology


publishers note<br />

ISSUE 58 | DEC / JAN 2014<br />

Publisher<br />

Erwin E. Kantor<br />

Managing Editor<br />

Michael Gordon<br />

Editor in Chief<br />

Helen Moss<br />

Editorial<br />

Robert Jordan<br />

Lisa Walker<br />

Sean Goldstein<br />

Staff Writers<br />

L. A. Rivera<br />

Monica Link<br />

Wendy Connick<br />

David Gordon<br />

Diane Alter<br />

A. Marie Velthuizen<br />

Judy Magness<br />

Maria Esposito<br />

Rich Monetti<br />

Edwin Camacho<br />

Peter Hocstein<br />

John Travis Taylor<br />

Amy Armstrong<br />

Rachel Velazquez<br />

Asst. Art Director<br />

Marienne Hilahan<br />

Illustrators<br />

Shafali R. Anand<br />

Mike Moss<br />

Marketing / Advertising<br />

Monica Link<br />

Sean Rome<br />

For subscription details, contact:<br />

info@thesuitonline.org<br />

For advertising inquiries, contact:<br />

advertising@thesuitmagazine.com<br />

A Drone Economy In America<br />

The drone revolution has finally<br />

entered the American psyche.<br />

In fact, in late-December, the<br />

Federal Aviation Administration revealed<br />

that they have chosen several<br />

sites in a number of states to test unmanned<br />

drones in order to integrate<br />

them into our national airspace. The<br />

climate has certainly changed and<br />

unmanned aerial vehicles, or drones<br />

- will be written by professional journalists,<br />

who offer a fresh perspective<br />

and an objective eye that will give<br />

you a well-rounded look at big topics.<br />

Our reporters L.A. Rivera, Amy<br />

Armstrong and Monica Link have<br />

chronicled a story dubbed, “Year Of<br />

The Drones,” which looks into the future<br />

of drones in America.<br />

Diane Alter covers Baby Boomers<br />

and how they’re behind on Savings<br />

for retirement. Apparently, it looks<br />

like the golden years will have to wait<br />

for scores of Americans. According<br />

to a recent survey by TD Ameritrade,<br />

the average baby boomer is roughly<br />

a half million dollars short on retirement<br />

savings. An estimated 74% of<br />

the survey participants said they’d<br />

be heavily dependent on Social Security.<br />

As a result, the IRS announced<br />

high contributions to 401-k Plans.<br />

She also reports on a Uniform Fiduciary<br />

Standard, eventually imposing<br />

tighter restrictions to broker-dealers<br />

and investment advisors, due to the<br />

2008 financial meltdown.<br />

Travis Taylor reports on the<br />

Trans-Pacific Partnership (TPP).<br />

The 12 Trans-Pacific countries —<br />

the United States, Canada, Mexico,<br />

Peru, Chile, Japan, Vietnam, Malaysia,<br />

Singapore, Brunei, Australia and<br />

New Zealand — together account for<br />

about 40 percent of the global economy.<br />

The TPP expansion sought<br />

to increase trade and reduce tariffs<br />

in the Asia-Pacific region. But with<br />

each round of negotiations between<br />

a growing list of countries, concerns<br />

about the true nature of this agreement<br />

continue to grow.<br />

In the mean time, 2014 will be an<br />

exciting year for The Suit Magazine.<br />

We celebrate eight years and we have<br />

a full slate of stories for our readers<br />

and special features for our clients.<br />

It feels good to give back to the community<br />

that has given so much to us.<br />

The coming year will bring exciting<br />

times. I wish all our readers a Happy<br />

New Year as we roll into 2014 with a<br />

fresh economic prospective.<br />

Best,<br />

Erwin Kantor<br />

Erwin Kantor, Publisher


CONTENTS<br />

DEC / JAN 2014<br />

16<br />

Issue 58 Dec / Jan 2014<br />

<strong>GAME</strong><br />

<strong>OF</strong><br />

<strong>DRONES</strong><br />

exclusive interview with<br />

daniel suarez<br />

6<br />

Baby Boomers Behind on Savings<br />

BUSINESS / FINANCE<br />

The Age of Cyber-Warfare<br />

Cyber Security Summit<br />

A Women’s Journey<br />

Unjust Dishonorable Discharge<br />

Stress In The Workplace<br />

Don’t Sweat the Small Stuff<br />

Arctic Seed Vault<br />

Preserving Agricultural Supply<br />

Indeed, according to a recent survey by TD Ameritrade, “Boomers<br />

and Retirement,” the average baby boomer is roughly a half million<br />

dollars short on retirement savings.<br />

FEATURES<br />

7 Higher 401k Contributions<br />

To be sure, there is a savings shortage in<br />

America, despite a bevy of programs aimed<br />

at encouraging stashing money away for retirement.<br />

Fiduciary Standards 8A great debate over fiduciary standards (the<br />

legal duty to act solely in another party’s best<br />

interest) – and their impact on consumers, broker-dealers<br />

and investment advisers –<br />

10 What is the TPP all About?<br />

With sacrifices seemingly outweighing<br />

gains, is the TPP worth the trouble? And<br />

why the secrecy?<br />

13 Lawyers Finding Happiness<br />

Active presence online pays off, thanks to<br />

YouTube, Facebook, Twitter and LinkedIn.<br />

14 2015 year of the Drones<br />

Over the last several years, the inevitability<br />

of unmanned drones soaring overhead in<br />

the U.S. skies has been a controversial subject<br />

for countless military / Gov. experts<br />

20 Monetta Financial Services, Inc.<br />

From Investment Club to Lipper Fund Award<br />

22 Housing Solutions<br />

Breaking Ground in the Affordable Housing Dilemma<br />

23 Abacus Planning Group<br />

Simplicity Matters<br />

30<br />

Ignite payments and First Data<br />

Consumers Drive Credit Card Needs<br />

24<br />

Customizing a Plan<br />

Guiding investors to financial security<br />

25 Divorce Resource Center of Colorado<br />

Divorce does not have to mean Financial Disaster<br />

26<br />

Integrated Financial Group<br />

An “Anti-Wall Street” Approach to Investing<br />

28<br />

de Visscher and Company, LLC<br />

keeping it all in The Family<br />

30 Adams Hall Wealth Advisors<br />

With Your Goals in Mind<br />

31 Hawkes Wealth Management<br />

A Conservative Approach to Asset Management<br />

32<br />

Balaced Asset Strategies, Ltd.<br />

Lending an Ear to Investors establishing a good relations<br />

33 Business Nerds<br />

Analytical nerdiness gets the job done<br />

THE SUIT MAGAZINE - DEC / JAN 2014


34 Group 50<br />

Why companies need a strategic consultant<br />

36 Vion Receivable Investments<br />

A Receivables Expert Interested in Consumer<br />

Protection<br />

38 Metroway Properties<br />

Renting Your Way to Home Ownership<br />

38 Maxele Advisors<br />

Maxele advisors promise undivided loyalty to<br />

their clients<br />

39 Capitol Risk Solutions<br />

Cybercriminals Shake Up Insurance Industry<br />

40 Life Certain Wealth Strategies<br />

Valuing Professional Advice<br />

42<br />

Axiom Capital Group<br />

Helping the Underdog Overachieve<br />

43 Synthesis Advisors<br />

Friendship for Successful Investment Advice<br />

43 Oak Creek Insurance Industry<br />

Looking out for the green industry<br />

44 Fieldstone Financial Management<br />

Offering Financial Advice – Not Products Real Financial<br />

46 Newamerican Funding<br />

No Loose Standards Keeps Lending Tidy<br />

47 dsf Group<br />

Experience Pulls Ahead of Competition<br />

48 Cowan Financial Group, Inc.<br />

Invest Only After a Thorough Examination<br />

49 SS&G Wealth Management<br />

Financial planning with honesty<br />

50 Benford Cost Segregation<br />

Tax Savings Realized, Capturing Benefits of<br />

Detailed Engineering Analysis<br />

52<br />

ShorePoint Capital Partners<br />

Singles and Doubles for Rounding the Financial Diamond<br />

54 Engineered Risk Advisory<br />

When You Think You’ve Thought of Everything<br />

55 Fitzgerald Financial Partners<br />

Without a Financial Plan it’s Just Luck It’s Not What You<br />

Make; It’s What You Keep<br />

55<br />

Freshman & McGlynn<br />

Collaborative Divorce: Leaving Families in Control<br />

56 Provenance Wealth Advisors<br />

Helping People Successfully Plan for the Future<br />

57 Partners in Financial Planning<br />

Conscious of Risk Open to Opportunity<br />

58 Financial Recovery Technologies<br />

Capturing Past Security Losses with Attention to Detail<br />

60 Clarendon Capital Management LLC<br />

Investing for Those Under 50<br />

61 Intrepid Capital Funds<br />

A Lone Wolf Among Sheepish Money Managers<br />

62 Cabot Money Management, Inc.<br />

Emphasis on Emerging Markets<br />

64 Compass Capital Management, LLC<br />

Keeping Clients From Unnecessary Risk<br />

TECHNOLOGY & INNOVATION<br />

Tech Advocate Group<br />

65<br />

Personalized Software Solutions Allowing for Small Companies<br />

to Compete With the Big Wigs<br />

66 NEM Technology<br />

Effective Training Delivery/Cloud Computing IT Business<br />

Whitham Group<br />

67<br />

Renewable Energy, Sustainable Executives<br />

LAW<br />

Collaborative Practice and Mediation Sevc.<br />

68<br />

Walking Couples Through Divorce-o-nomics<br />

69<br />

Grossman & Grossman P.A.<br />

A More Therapeutic Alternative<br />

70<br />

Kaman & Cusimano, LLC<br />

“Communicate, Don’t Litigate” Representing Comm. Ass.<br />

71<br />

Walter Weiss, A Law Corporation<br />

Attorney, Advocate and Bit of a Rebel<br />

72<br />

73<br />

Hall Law Group, PC<br />

Putting the Children First<br />

Emery Law & Mediation, P.A.<br />

Real Estate, Practiced with Conscience<br />

THE SUIT MAGAZINE p.5


y diane e. alter<br />

BABY BOOMERS<br />

BEHIND ON SAVINGS<br />

It looks like the golden years will have to wait for scores of Americans<br />

Indeed, according to a recent survey<br />

by TD Ameritrade, “Boomers<br />

and Retirement,” the average<br />

baby boomer is roughly a half<br />

million dollars short on retirement<br />

savings. Moreover, 74% of survey<br />

participants say they need to rely heavily<br />

on Social Security in their retirement<br />

years. That’s a sobering thought,<br />

especially with talks of Social Security<br />

soon becoming insolvent. And, the average<br />

Social Security check is $1,230 a<br />

month – leaving little, if anything, for<br />

emergency expenses.<br />

Because they need more money,<br />

more and more people are delaying<br />

retirement, continuing to work past 65.<br />

Data from the 2010 Census showed the<br />

share of workers 65 and older in the labor<br />

force rose to 16%, up from 12% two<br />

decades earlier.<br />

The National Foundation for Credit<br />

Counseling (NFCC), which assists<br />

THE SUIT MAGAZINE - DEC / JAN 2014<br />

people who are having trouble paying<br />

their bills, reports one-third of its 3 million<br />

clients nationwide in 2012 were 55<br />

or older, a 7% increase over two years.<br />

Plus, nearly 15% of those were over 65.<br />

An equally dismal picture comes from<br />

American Consumer Credit Counseling,<br />

which reports 25% of its clients are<br />

55 and older. Unquestionably, a growing<br />

number of seniors are headed into<br />

retirement saddled with debt, running<br />

the gamut from mortgages to credit<br />

card debt to student loan obligations.<br />

Just to make ends meet, they have raided<br />

retirement accounts and exhausted<br />

savings. Blame the dot.com boom and<br />

bust, the real estate bubble and the extended<br />

and elevated unemployment<br />

level for these troubling findings:<br />

• A survey by the Employee<br />

Benefit Research Institute found that<br />

most workers polled said they have no<br />

savings or investments<br />

• 37% of those polled in the 2012<br />

Retirement Confidence Survey said<br />

they believe they will have to wait until<br />

after age 65 to retire<br />

• According to an AARP survey,<br />

34% of older Americans use credit<br />

cards to pay for basic living expenses.<br />

Their average credit card debt is<br />

$8,248, and about half have been called<br />

by debt collectors.<br />

“Economists have many explanations<br />

for what determines savings behavior<br />

and what has caused the U.S.<br />

savings rate to decline beginning in the<br />

1980s, but none of these explanations<br />

receives good support from the actual<br />

numbers,” Steven Pressman, Professor<br />

of Economics at Monmouth University<br />

in Long Branch, NJ, told “The Suit.”<br />

“As for the (money) problems faced<br />

by seniors, there are many explanations<br />

here too,” Pressman continued. “But<br />

the explanations here do considerably


etter. In short, pensions have changed. They are now defined<br />

contributions rather than defined benefit plans. The<br />

economy has changed. The largest fraction of middle-class<br />

savings in the U.S. has been in the form of home equity, and<br />

home prices have declined significantly since 2007. And,<br />

Social Security has changed in two important ways. First,<br />

the age to collect full Social Security benefits was gradually<br />

increased from 65, resulting in lower benefits for those who<br />

retire and begin to collect benefits at age 65. Second, people<br />

can now collect Social Security benefits at age 62, although<br />

they get a lower amount if they collect earlier. Many have<br />

elected to do this.”<br />

In sum, Pressman added, “The three pillars supporting<br />

people in old age are shaky and less reliable today than<br />

they were several decades ago.”<br />

There is no easy fix. Some seniors will take on part-time<br />

job, some will alter retirement goals, and many will do<br />

without. Without question, there is going to be an increased<br />

need for more financial planners and consumer organizations.<br />

The big question facing most baby boomers today<br />

isn’t at what age they will retire, but at what income.<br />

I<br />

R<br />

S<br />

Higher Contributions<br />

To 401(k) Plans<br />

To be sure, there is a savings shortage in America,<br />

despite a bevy of programs aimed at encouraging<br />

stashing money away for retirement.<br />

On Oct. 31, 2103, the Internal Revenue Service<br />

announced cost-of-living adjustments affecting<br />

dollar limit contributions for pension plans and other retirement-related<br />

savings vehicles for tax year 2014.<br />

Participants’ 401(k) contribution limit remains at $17,500,<br />

and the catch-up contribution stays at $5,500, but the annual<br />

defined contribution limit from all sources rises to $52,000<br />

from $51,000. Also increasing is the amount of employee<br />

compensation that can be considered in calculating contributions<br />

to defined contribution plans. The new amount rises<br />

to $260,000 from $255,000.<br />

These increases give participants the potential for getting<br />

a little more a “bang” out of the plan – at least if their employers<br />

want to give them more money, retirement planning<br />

firm Van Iwaarden Associates noted in an online commentary.<br />

The primary benefit of the recent changes is that “individuals<br />

who have very large DB benefits (shareholders in<br />

a professional firm’s cash balance plan) could see a deduction<br />

increase if their benefits were previously constrained<br />

by the [Internal Revenue Service Code Section 415] dollar<br />

limit,” Van Iwaarden wrote.<br />

Also left unchanged is the limit on annual contributions<br />

to an individual retirement account (IRA), which remains at<br />

$5,500. The additional catch-up contribution for those over<br />

50 stays at $1,000. For a Roth IRA, the adjusted gross income<br />

(AGI) phase-out range for taxpayers making contributions<br />

rises to $181,000-$191,000 for married couples filing jointly.<br />

That’s up from $178,000-$188,000 in 2013. For singles and<br />

heads of household, the income phase-out range jumps to<br />

$114,000-$129,000, up from $112,000-$127,000.<br />

Contributing enough to a retirement plan is perhaps the<br />

best way to take control of a financial future. Undeniably,<br />

the more money that is put in a retirement account, the<br />

more there is to help investments grow. For employees of<br />

organizations that match retirement plan contributions, not<br />

contributing enough to get the full match is akin to refusing<br />

extra money for the future. One of the greatest advantages<br />

of increasing contributions is that it’s one of the few<br />

elements an individual can control when it comes to retirement<br />

planning.<br />

There are a number of retirement tax breaks, including<br />

contributing to retirement plans. The IRS wants taxpayers<br />

to take advantage of them, yet many fail to do so. One solution,<br />

according to John Friedman, an assistant professor of<br />

public policy at Harvard’s John<br />

F. Kennedy School of Government,<br />

is to implement an automatic<br />

retirement contribution<br />

policy or default plan. Friedman<br />

believes it would be an effective<br />

way to get people to save more.<br />

And, the monetary impact of<br />

such a policy on the government<br />

would be less than it currently<br />

spends on a wide variety of tax<br />

incentives.<br />

THE SUIT MAGAZINE p.7


Uniform Fiduciary Standards Moving Forward<br />

A<br />

great debate over fiduciary standards (the legal<br />

duty to act solely in another party’s best<br />

interest) – and their impact on consumers,<br />

broker-dealers and investment advisers – has<br />

been raging ever since the confidence-shattering<br />

2008 financial meltdown.<br />

In the summer of 2013, the Securities and Exchange Commission<br />

fielded suggestions and comments from industry<br />

professionals regarding the possibility of initiating a uniform<br />

fiduciary standard. Wall Street’s regulatory board<br />

was prompted by numerous studies revealing the fact that<br />

a great many retail investors are confused by the different<br />

roles played by investment advisers and brokers. Additionally,<br />

calls from myriad consumer groups for this type of uniform<br />

standard continue to rise.<br />

Both the SEC and the Financial Markets Association, the<br />

main lobbying group for Wall Street firms, oppose such a<br />

recommendation, citing legal headwinds. Such a move aims<br />

to apply to brokers laws written for investment advisers.<br />

The organizations’ endorsement is for brokers – who give<br />

customers recommendations to buy, sell or hold a security<br />

but don’t provide advice – not to be held to a fiduciary duty.<br />

Brokers would only have to comply with the less stringent<br />

standard of investment suitability. Meanwhile, those who<br />

hold themselves out as investment advisers, “based either<br />

on the titles they use or the manner in which they market<br />

their services” should have a fiduciary duty.<br />

The big push for a uniform standard is mainly coming<br />

from investment advisers, who pride themselves on acting<br />

out of duty and loyalty. They claim that, during the process<br />

of executing orders for customers, brokers can actually wind<br />

up providing advice, and thus should be held to the same<br />

strict standards that they themselves follow. Independent<br />

advisers have long worried that their so-called fiduciary<br />

standards could be diminished or diluted by the actions of<br />

brokers. Brokers fear they won’t be able to sell mutual funds<br />

without falling under tougher standards, even when dealing<br />

with customers who merely want to execute an investment<br />

transaction and are not looking for investment advice.<br />

The primary goal, regardless of the outcome, is to prevent<br />

abusive sales practices.<br />

Just before Thanksgiving, the Investment Advisory Committee,<br />

which is advising the SEC on the regulation of securities<br />

products, unanimously voted to recommend that the<br />

SEC set a uniform fiduciary standard for most brokers and<br />

registered investment advisers for acting in the best interest<br />

of their clients whenever they give financial advice. While<br />

the vote doesn’t mean that the SEC will adopt the IAC’s recommendation,<br />

it is a big step in that direction. With Wall<br />

Street’s reputation sorely sullied from the financial crisis,<br />

the Bernie Madoff Ponzi scheme and the Allen Stanford<br />

scandal, a uniform fiduciary standard would definitely add<br />

some sorely needed improvement to the industry’s image.<br />

THE SUIT MAGAZINE - DEC / JAN 2014


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y travis taylor<br />

A summit with leaders of the member states of the Trans-Pacific Strategic Economic Partnership Agreement (TPP). Pictured, from left,<br />

are Naoto Kan (Japan), Nguyễn Minh Triết (Vietnam), Julia Gillard (Australia), Sebastián Piñera (Chile), Lee Hsien Loong (Singapore),<br />

Barack Obama (United States), John Key (New Zealand), Hassanal Bolkiah (Brunei), Alan García (Peru), and Muhyiddin Yassin (Malaysia).<br />

Six of these leaders represent countries that are currently negotiating to join the group.<br />

What is the Trans-Pacific Partnership All About?<br />

With sacrifices seemingly outweighing gains, is the TPP worth the trouble? And why the secrecy?<br />

In 2010, the Trans-Pacific Partnership<br />

(TPP) began to take shape. An<br />

expansion of the 2005 Trans-Pacific<br />

Strategic Economic Partnership<br />

Agreement, or TPSEP, the TPP expansion<br />

sought to increase trade and reduce<br />

tariffs in the Asia-Pacific region.<br />

But with each round of negotiations<br />

between a growing list of countries,<br />

concerns about the true nature of this<br />

agreement continue to grow.<br />

TPSEP was initially a trade agreement<br />

between Brunei, Chile, New<br />

Zealand and Singapore. It sought to<br />

expand the goals first set forth by<br />

APEC, the Asia-Pacific Economic Cooperation,<br />

which were further economic<br />

growth through trade and investment.<br />

For the TPSEP agreement,<br />

the founding countries were looking<br />

to strengthen friendships between the<br />

countries, create and secure markets<br />

for all of their goods and promote<br />

common frameworks within Asia.In<br />

2008, the United States expressed an<br />

interest in joining the negotiations. By<br />

2010, TPSEP had expanded into the<br />

TPP, today encompassing more than<br />

a dozen countries, including the U.S.,<br />

Mexico, Canada, Japan and Vietnam.<br />

Those countries make up 40 percent of<br />

the world’s economy with a total GDP<br />

of $27.5 trillion.Once the basic idea of<br />

the TPP changed, so did its alleged list<br />

of goals – alleged because all of the negotiations<br />

between the participating<br />

countries are held in secret. The Australian<br />

government recently refused to<br />

give their Senate access to the text of<br />

the deal. The official response from the<br />

Australian government was that the<br />

document would only be made public<br />

after it was signed.<br />

In the U.S., President Obama wants<br />

to push the completed deal through<br />

Congress with only an up or down<br />

vote. An up or down vote forces a bill<br />

past committees who would review it,<br />

through potential legislation designed<br />

to delay or stop it and onto a floor vote.<br />

Members of Congress – 130 of them –<br />

asked the White House for more transparency<br />

on TPP but their request was<br />

denied.<br />

The intention of the TPP was to settle<br />

agreements on trade in competition<br />

policies, intellectual property, and<br />

goods and services. So far, special interest<br />

groups, such as those who pushed<br />

for the Stop Online Piracy Act (SOPA)<br />

and the Protect Internet Protocol Act<br />

(PIPA), have been allowed access. Both<br />

SOPA and PIPA sought to give the<br />

federal government the ability to stop<br />

websites with copyright infringement<br />

issues. SOPA was for both foreign and<br />

domestic sites, while PIPA was just<br />

foreign sites. If a site was found to be<br />

in violation, a court could order that<br />

THE SUIT MAGAZINE - DEC / JAN 2014


it be taken down.<br />

The controversy lay<br />

in fact that the court<br />

could rule without<br />

hearing from the site<br />

or its owner, giving<br />

them no chance to<br />

defend themselves.<br />

From leaked TPP<br />

documents, it appears<br />

that the agreement<br />

somewhat<br />

curtails sovereign independence<br />

to institute<br />

more standardized<br />

global rules. To<br />

put it in perspective,<br />

there is the possibility<br />

that these global<br />

rules could violate<br />

parts of the U.S. Constitution<br />

– and the<br />

U.S. would have no<br />

choice but to follow<br />

suit. Also, leaked sections<br />

of the IP chapter<br />

of the agreement<br />

appear to severely<br />

limit freedom of<br />

speech online.<br />

Several copies of<br />

leaked drafts of these secret negotiations<br />

show that two of the biggest focal<br />

points of the meeting have been about<br />

IP and the environment. Even the<br />

World Wildlife Fund has taken steps<br />

to influence the TPP negotiations. The<br />

group held an event in Washington,<br />

D.C. with other environmental groups.<br />

The goal was to showcase their support<br />

of the U.S. in achieving new measures<br />

for environmental protection.<br />

From the website of the Office of the<br />

United States Trade Representative,<br />

Ambassador Michael Froman said,<br />

“Over the past decades, the United<br />

States has been a pioneer in leveraging<br />

comprehensive trade agreements to<br />

promote and enhance environmental<br />

protection on the ground in our partner<br />

countries. The United States views<br />

the TPP as an opportunity to build on<br />

our existing relationships by targeting<br />

some of most pressing regional environmental<br />

challenges, such as conserving<br />

wildlife and forests, and protecting<br />

our oceans and marine resources.”<br />

The overall secrecy of the TPP along<br />

with the potential agreements from<br />

leaked documents has led to myriad<br />

outcries. One of the loudest has come<br />

from Dean Baker, co-director of the<br />

Center for Economic and Policy Research.<br />

On a recent appearance on<br />

Bill Moyers’ TV program, “Moyers<br />

& Company,” Baker said, “This really<br />

is a deal that’s being negotiated<br />

by corporations for corporations, and<br />

any benefit it provides to the bulk of<br />

the population of this country will be<br />

purely incidental.”<br />

According to Baker, concerning different<br />

parts of the treaty – be it Internet,<br />

drugs or the environment – the industries<br />

themselves are invited to the<br />

negotiations. Instead of environmental<br />

groups, oil and gas companies have<br />

added their thoughts as to what these<br />

new regulations should be.<br />

Of the documents leaked, merely<br />

five of the 29 chapters of the agreement<br />

actually address trade issues. What has<br />

been leaked includes allowing drug<br />

companies to raise the prices of drugs<br />

while at the same time lengthening the<br />

life of patents. By lengthening patents,<br />

the time frame is lengthened before<br />

any type of generic drug can appear on<br />

the market – a direct hit on consumers'<br />

pocketbooks.<br />

“If this were really about trade, we’d<br />

be going, ‘How can we bring [drug]<br />

prices down?’” Baker said on “Moyers<br />

& Company.” “But instead, you have<br />

the drug companies there and they’re<br />

not talking about bringing them down.<br />

They’re talking about how to bring<br />

them up.”<br />

With all of this bad news leaking out,<br />

is there anything good about the TPP?<br />

The Asian Developmental Bank has<br />

estimated that a majority of the participating<br />

countries will see an economic<br />

gain. According to the Office of the<br />

United States Trade Representative,<br />

the U.S. is looking to gain $77 billion<br />

per year in generated income. By 2025,<br />

U.S. exports are expected to reach<br />

$123.5 billion.<br />

Globally, world exports are predicted<br />

to generate $305 billion per year by<br />

2025, as well as $223 billion in what has<br />

been called income benefits.<br />

As with any agreement, there is always<br />

a certain amount of give and<br />

take. But the big question is, does the<br />

TPP take away too much?<br />

Currently in negotiations<br />

Announced interest in joining<br />

Potential future members<br />

THE SUIT MAGAZINE p.11


y judy magness<br />

Yes, Virginia, even Lawyers can Find Happiness Online.<br />

Vincent LoTempio, a patent attorney<br />

with the law firm of Kloss,<br />

Stenger and LoTempio based<br />

near Buffalo, New York, received a call<br />

from a gentleman in Alaska interested<br />

in obtaining a patent. LoTempio asked<br />

the caller, “How did you find me?” The<br />

caller laughed and said, “Well, I found<br />

your blog first, then I watched a few of<br />

your videos and a few other things – I<br />

liked you and decided to call.” How<br />

did the phone conversation end? Lo-<br />

Tempio wrote a patent application for<br />

his new client. “Just that one application<br />

paid for a year’s worth of blogging,”<br />

said LoTempio who, in addition<br />

to writing the “LoTempio Law Blog,”<br />

also has a YouTube channel, a Facebook<br />

page and an active presence on Twitter<br />

and LinkedIn.<br />

Since LoTempio is a federally registered<br />

patent attorney, he can work<br />

with clients from anywhere in the U.S.,<br />

which is the reason he includes a tollfree<br />

telephone number on his blog. It<br />

pays off – he receives inquiries from all<br />

over the country. “Without social media,<br />

how would I get calls from almost<br />

every state? My phone isn’t ringing off<br />

the wall, but people are finding me,”<br />

said LoTempio, whose blog is published<br />

by LexBlog, Inc., the premier<br />

blogging network dedicated to the legal<br />

profession. It boasts over 8,000 lawyers<br />

from around the world, including<br />

lawyers from almost half of the 200<br />

largest law firms in the U.S.<br />

Kevin O’Keefe is CEO and publisher<br />

of LexBlog, Inc. He and LoTempio<br />

agree about the power of traditional<br />

word-of-mouth marketing as a valuable<br />

networking tool within the legal<br />

profession. As social media emerged,<br />

however, both saw the potential to<br />

reach people in a way they never could<br />

before.<br />

“Lawyers have always gotten their<br />

best work by virtue of relationships and<br />

their word-of-mouth reputations. The<br />

Internet hasn’t change that, it has accelerated<br />

it!” exclaimed O’Keefe. “Those<br />

lawyers who are wise enough to look at<br />

the computer on their desk and realize<br />

that it is a way to network with everybody<br />

else who has a computer on their<br />

desks or in their pockets, are going to<br />

nurture and build new relationships<br />

and grow their reputations – and grow<br />

their businesses.” He points to Peter<br />

Mahler, a partner with the law firm of<br />

Farrell Fritz who has cultivated a significant<br />

number of new relationships,<br />

and ultimately new clients, through his<br />

blog, “New York Business Divorce” focusing<br />

on business dissolutions in New<br />

York state.<br />

And then there is Staci Riordan, a<br />

partner at Fox Rothschild LLP, who<br />

built a national, if not international,<br />

reputation as a fashion law expert<br />

through her popular “Fashion Law<br />

Blog” in conjunction with a Twitter and<br />

Facebook presence.<br />

O’Keefe’s marketing premise is simple.<br />

He says that you have to go where<br />

the people are and tell them something<br />

useful. “Having influence is invaluable<br />

as a lawyer. If you’re not positioning<br />

yourself as an expert through blogging,<br />

or if you’re not using Twitter or Facebook<br />

– how do you remain relevant<br />

when you’re not going to where the<br />

people are? If you’re not relevant, how<br />

do you build relationships? How do<br />

you get work?” he poses.<br />

Larry Bodine, editor-in-chief of<br />

Lawyers.com, a leading consumer-focused<br />

legal website, reports that law<br />

firms and attorneys are warming up<br />

to social media. In a recent post on his<br />

“LawMarketing Blog” he shared some<br />

statistics from the American Bar Association’s<br />

2013 Technology Survey Report.<br />

There has been a slow but steady<br />

rise in law firms maintaining a social<br />

media presence, from 17% in 2010 to<br />

59% in 2013 and law firms with blogs<br />

rose from 14% to 27%, respectively.<br />

LinkedIn is the clear winner with 98%<br />

of individual attorneys reporting that<br />

they use this professional social media<br />

networking tool. And while celebrities<br />

may use Twitter to post their latest selfie<br />

(a photograph one takes of oneself),<br />

19% of the survey respondents said that<br />

their firms use this dynamic platform, a<br />

6% jump from last year.<br />

On Twitter, O’Keefe positions himself<br />

as an “intelligence agent” for news<br />

in specific areas, and suggests that lawyers<br />

do the same by sharing relevant<br />

information that people find interesting<br />

enough to want to share with other<br />

people. “If you are a trusted source of<br />

news and information on a niche that<br />

relates to what you practice in law,<br />

you are only one inch away from being<br />

hired – or at least one inch from getting<br />

a phone call. So with Twitter, think<br />

about the power of that.”<br />

O’Keefe, whose firm offers turnkey<br />

online marketing services in addition<br />

to providing a blogging platform, predicts<br />

a shift in the mindset of the larger<br />

firms to move towards empowering<br />

and educating partners to build a social<br />

media platform. “Those firms are going<br />

to shine and be the firms that flourish.<br />

They’ll be the firms where people want<br />

to work. They’ll get the lateral hires and<br />

attract young people because they are<br />

empowering the individual.”<br />

LoTempio concluded, “Lawyers are<br />

inherently conservative and loath to try<br />

anything new. But it’s hard to ignore<br />

what everyone else is doing on the Internet<br />

– and it’s not surprising that law<br />

firms want a piece of the social media<br />

pie.”<br />

www.klosslaw.com<br />

THE SUIT MAGAZINE p.13


2015:<br />

Year of the Drones<br />

U.S. Technology Flourishes despite Fears<br />

Reported by L.A. Rivera, Amy Armstrong and Monica Link<br />

Over the last several years, the<br />

inevitability of unmanned<br />

drones soaring overhead<br />

in the U.S. skies has been<br />

a controversial subject for countless<br />

military and governmental experts,<br />

as well as many technology and policy<br />

analysts in this country. In fact, last<br />

February Congress ordered the Federal<br />

Aviation Administration to open up<br />

the skies to drones by September 2015.<br />

But imagine a cluster of metallic<br />

birds hovering everywhere in the U.S.<br />

skies, whizzing across urban cities and<br />

rural areas alike, causing chaos and<br />

alarming the masses. Techno-thriller<br />

writer Daniel Suarez, in his novel “Kill<br />

Decision,” tells the story of a group<br />

of rebels who produce robotic drones<br />

that can recognize enemies and make<br />

the premeditated decision to kill them<br />

without human intervention.<br />

For over two decades, the former IT<br />

consultant said that he designed logistics<br />

systems for major corporations<br />

and the military in the Silicon Valley<br />

and throughout the U.S. Today, Suarez<br />

is close to being a drone expert.<br />

“Drone technology is a technology<br />

whose time has come,” says the former<br />

the tech-head, from his home in California.<br />

“Like most new technologies,<br />

we have to figure out how to incorporate<br />

it into our society without radically<br />

altering society. We have done that<br />

with many things: cell phones, radios,<br />

the Internet and email, and we grappled<br />

with these things.” Suarez continues,<br />

“It’s always complex, but we<br />

still need to adopt these (new) things.<br />

I think corporate systems will be used,<br />

and I think many companies that will<br />

have the most success and receive the<br />

least public resistance will use it internally.<br />

One industry is precision agriculture,<br />

where they will be helping to<br />

maintain crops in very rural places.”<br />

He added, “Where there aren't many<br />

people who will be disturbed by their<br />

presence.”<br />

However, Suarez said that corporate<br />

America has already embraced the<br />

new technology. “I think it will be used<br />

in logistics by many corporations. But I<br />

think internally it will be used in automated<br />

warehouses. Amazon proposed<br />

using drones to deliver packages.” he<br />

explains. “I don’t see that as a realistic<br />

(goal), because I see tremendous complications.<br />

There are liability issues.<br />

For example, a 55-pound drone could<br />

fall on somebody’s head,” he pauses.<br />

“But they will use them in the warehouse<br />

(distribution centers).”<br />

According to Suarez, one problematic<br />

issue surrounding the use of drones<br />

is that the impetus for automated warfare<br />

seems inevitable. “There are a<br />

number of people within the Defense<br />

Department who have a problem with<br />

it,” he added. “Back in November of<br />

last year, the Pentagon said that human<br />

beings must be in the loop when<br />

a lethal decision has to be made with<br />

a drone or with automatic sniper stations.<br />

That’s why I wrote ‘Kill Decision,’<br />

” he remarked.<br />

On the international front, however,<br />

the Middle East continues to be a sorely<br />

troubled spot. In Pakistan, for example,<br />

U.S. assassination drone strikes<br />

THE SUIT MAGAZINE - DEC / JAN 2014


persist to violate international Pakistani<br />

rule, according to Prime Minister<br />

Nawaz Sharif. Pakistan is expected to<br />

present the issue to the United Nation<br />

as a “case of violation of sovereignty.”<br />

Launching a bloodless war by sending<br />

out missions using drones could<br />

inevitably be detrimental to the U.S,<br />

even in the near future, Suarez noted.<br />

“Right now the U.S. has the most<br />

advanced drones,” he said. “ But 70<br />

other nations are developing drones<br />

which can (escalate) cyber-espionage.<br />

That’s because technology has a tendency<br />

of spreading out throughout<br />

modern societies that are data-driven.<br />

Individuals with substantial data trails<br />

can move through society, using cell<br />

phones, telephone records and email.<br />

And it’s these trails that killer drones<br />

would be able to filter, particularly in<br />

autocratic societies. For example, in<br />

dictatorships, they can use these machines<br />

and set them loose (into a society),”<br />

he added.<br />

Suarez said he supports the Campaign<br />

to Stop Killer Robots sponsored<br />

by Human Rights Watch. The organization<br />

calls for a preemptive prohibition<br />

on fully autonomous robotic weapons.<br />

“I think we have to act ahead of time<br />

before these robots are released,” he<br />

said. Some experts predict that these<br />

autonomous weapons could be fully<br />

operational in 20 or 30 years.<br />

Meanwhile, Suarez believes that the<br />

drone revolution is alive and well –<br />

and functioning largely for the good of<br />

mankind.<br />

For example, a “heavy drone-zone”<br />

is flourishing in Alaska. Not only<br />

are they up on the technology, but<br />

the drones have plenty of terrain to<br />

roam. And they’re finding their way<br />

into many aspects of life in Alaska, on<br />

what’s known as “The Last Frontier.”<br />

From mapping shorelines near oil<br />

field exploration to monitoring the<br />

health of sea lion rookeries located on<br />

isolated Aleutian Islands – rocks in the<br />

Gulf of Alaska cropping out of some<br />

of the stormiest water on the planet –<br />

drones play a role in making what is a<br />

big, big place seem just a little bit more<br />

manageable. Alaska comprises 586,000<br />

square miles, dwarfing Texas, the nation’s<br />

second largest state but the most<br />

massive one within the contiguous<br />

states. It’s often joked, in Alaska, that<br />

if Alaska could be cut in half, Texas<br />

would then become the third largest<br />

state – and by a fairly significant margin<br />

at that. Because of its size, rough<br />

terrain, extreme weather conditions<br />

and rural nature, Alaska has always<br />

been an aviation-centric state. A lot of<br />

good pilots notwithstanding, there’s<br />

plenty of territory to cover in Alaska<br />

and drones are taking their place in<br />

making things happen.<br />

At the Geophysical Institute located<br />

at the University of Alaska Fairbanks,<br />

Greg Walker heads up the team comprising<br />

the Alaska Center for Unmanned<br />

Aircraft Systems Integration,<br />

a federal program. Its name has been<br />

associated with mapping glaciers in<br />

Chile, locating ancient burial sites in<br />

Iceland and tracking poachers in South<br />

Africa, by piloting the center’s various<br />

diversified “airplanes” – as Walker<br />

THE SUIT MAGAZINE p.15


likes to call them. Within the United<br />

States, those “airplanes” have helped<br />

track wildfire patterns, searched for<br />

missing hikers, identified the size of<br />

the salmon population on Idaho’s<br />

dam-laden Snake River, monitored<br />

dome activity in what is left of the<br />

Mount St. Helens volcano in southern<br />

Washington and demonstrated search<br />

and rescue mapping capabilities in interior<br />

Alaska at temperatures ranging<br />

from lows of minus 20 to minus 30 degrees<br />

Fahrenheit.<br />

His team has nine different platforms<br />

– the more technical term for unmanned<br />

aircraft of various types and<br />

sizes.<br />

Walker's smallest, weighing in at<br />

3 to 5 pounds, is capable of carrying<br />

a highly-sensitive camera into some<br />

tight spots. One of the most important<br />

of these is the North Slope oil field operations,<br />

where thousands of miles of<br />

intricate pipes contains oil before being<br />

piped more than 800 miles across the<br />

state’s wilderness to the port of Valdez,<br />

where it is shipped to lower 48 refineries.<br />

Even the smallest of leaks is costly,<br />

as British Petroleum painfully learned<br />

in March 2006, when a dime-sized hole<br />

leaking for five days spilled 212,252<br />

gallons of crude oil on 1.9 acres. This<br />

cost BP $66 million between the $20<br />

million fine under the U.S. Clean Water<br />

Act, a $25 million civil penalty to the<br />

state of Alaska and reimbursements to<br />

other oil producers for the time period<br />

the pipeline was shut down.<br />

“A little leak – and it was a little leak<br />

in terms of the size of the hole – can<br />

cause a lot of environmental damage,”<br />

Walker said. In 2006, humans on the<br />

ground checked pipeline integrity.<br />

Today, drones are being tested and<br />

demonstrated for the task.<br />

Other applications include flying<br />

drones at ten feet above sea ice – far<br />

closer than even the most sophisticated<br />

traditional airplane can safely manage<br />

– to track how much solar radiation the<br />

ice is absorbing, as well as measuring<br />

the depth of ice. That second parameter<br />

has major financial implications for<br />

transportation as increases in cross-polar<br />

shipping traveling via the Arctic<br />

Ocean between Asian and European<br />

ports includes icebreakers shepherding<br />

large cargo ships through treacherous<br />

conditions.<br />

If drones can prove successful in<br />

measuring sea ice depth ahead of the<br />

ice breakers, capable of directing them<br />

to areas with thinner ice, the savings<br />

in the cost of fuel alone will make this<br />

northern shipping lane even more viable<br />

and its reach global. Using drones<br />

could also save human lives. Three<br />

Canadian Coast Guardsmen died in<br />

Sept. 2013 from exposure after their<br />

helicopter crashed in McClure Strait<br />

in the Canadian Arctic Ocean while<br />

monitoring ice depth for a Canadian<br />

icebreaker.<br />

For now, Walker’s program is focused<br />

on developing unmanned<br />

aircraft that can perform civilian or<br />

commercial-oriented tasks. It’s challenging,<br />

as each type of terrain; each<br />

weather condition has its own specifications.<br />

“Initially, these aircraft were built<br />

for military surveillance in the desert<br />

in the Middle East,” Walker said.<br />

“Something that was designed to basically<br />

be a glider in the desert isn’t<br />

going to work in other environments<br />

such as we have here in Alaska and<br />

other parts of the world. So we have<br />

to find ways to adapt the technology.”<br />

In fact, the UAF program was<br />

named as one of six national test sites<br />

by the Federal Aviation Administration<br />

on Dec. 30, 2013 as part of the<br />

administration’s effort toward its current<br />

stated goal of allowing commercial<br />

unmanned aircraft in the nation’s<br />

airspace by 2015.<br />

Actually, small and large drones<br />

have been used for years to aid top-secret<br />

military missions, but today small<br />

business owners are also finding new<br />

ways to use drones – small flying<br />

remote-controlled objects that are<br />

equipped with cameras – to shoot aerial<br />

photos and videos.<br />

***<br />

In fact, in the city of Detroit an innovative<br />

entrepreneur is already<br />

making his mark, using his version<br />

of drone technology to aid police and<br />

fire departments in financially cashstrapped<br />

municipalities. Harry Arnold,<br />

founder of Detroit Drone, has<br />

always loved flying radio-controlled<br />

airplanes. As a young boy, it was one<br />

THE SUIT MAGAZINE - DEC / JAN 2014


of his favorite hobbies. Detroit Drone<br />

allows Arnold to combine his love for<br />

flying model airplanes with his love for<br />

photography.<br />

“I've always wanted to get involved<br />

with technology that would help get<br />

cool camera shots,” Arnold said. “I like<br />

working with drones because the shots<br />

are unique. The pictures the drones<br />

take are not the same as a traditional<br />

camera. They are very different.”<br />

Arnold is developing a program that<br />

would allow first responders to deploy<br />

drones to an emergency situation prior<br />

to their arrival. “Firefighters would<br />

be able to see footage and know how<br />

a fire is burning before arriving on the<br />

scene,” Arnold said.<br />

Arnold is a part of a growing trend<br />

among small and large business owners<br />

using drone technology to take aerial<br />

photos from high above building<br />

rooftops. Drone flights last between<br />

four and five minutes and have the ability<br />

to capture high resolution shots to<br />

be used for research and development.<br />

The technology in small drones has<br />

been rapidly growing. Small drones<br />

that use GPS technology to find locations<br />

are currently being developed. In<br />

a recent interview with CBS “60 minutes,”<br />

Jeff Bezos, CEO of Amazon.com,<br />

said that the company is researching<br />

ways to implement drone technology<br />

to fly packages weighing five pounds<br />

or less from its fulfillment centers to<br />

customer homes. The drones Amazon<br />

proposes using would have a flying<br />

range of 10 miles or less, requiring permission<br />

from the FAA.<br />

The U.S. military is also looking at<br />

ways to expand its hefty lead in deploying<br />

drone technology. Some of the<br />

latest developments include electric<br />

and fuel powered versions of drones<br />

that can be used for defense purposes.<br />

While some larger businesses can offer<br />

the use of drone technology, small business<br />

owners or struggling municipalities<br />

can't afford to pay the cost of using<br />

it. Harry Arnold is launching a $20,000<br />

crowd funding campaign in 2014 to<br />

fund more equipment so he can lease<br />

his drones to the city of Detroit and<br />

to small businesses, who wish to use<br />

drones for other research purposes.<br />

“Big companies who provide drone<br />

service can cost up to $100,000.” Arnold<br />

said. “People should support an independent<br />

effort to help first responders.<br />

As an independent business I can make<br />

drones much more affordable. These<br />

drones are something that<br />

can help Detroit since they<br />

are going through financial<br />

problems.” As for the future<br />

of drone technology,<br />

Arnold agrees with Amazon<br />

CEO Bezos.<br />

“In the next five to 10<br />

years, I see the use of drones<br />

expanding.” Arnold said.<br />

“I wouldn't be surprised if<br />

mail will start being delivered<br />

by drones.”<br />

***<br />

Meanwhile, thousands of civilian<br />

drones are expected to<br />

crowd the U.S. skies within a<br />

few years, raising much concern that<br />

they can be used for corporate spying.<br />

“It’s not difficult to create essentially<br />

a flying hacking platform,” Suarez<br />

argues. “I saw one installed in an old<br />

gunnery drone from the 1980s, which<br />

was used in the military. They were<br />

able to put in a 4-5 pound tracking system<br />

and use it to intercept cell phones.<br />

And when the drone was done. It was<br />

able to fly away,” he added: “Basically,<br />

eliminating the evidence.”<br />

Jay Stanley, a Policy Analyst for<br />

the American Civil Liberties Union<br />

(ACLU), said that the stirring controversy<br />

surrounding drones and the issue<br />

of privacy has been hotly debated<br />

amongst lawmakers, policy analysts<br />

and law enforcement officials. “Our<br />

biggest concern is that drones potentially<br />

might be used in mass surveillance<br />

and could track an entire city,”<br />

Stanley explains. “We want to ensure<br />

that we adopt privacy regulations, so<br />

privacy invasions don’t happen.”<br />

Now the drone revolution has landed<br />

squarely in middle America. In a small<br />

rural town in Colorado’s Eastern Plains,<br />

Mayor Frank Fields has declared war<br />

on drones. The town of Deer Trail plans<br />

to pass an ordinance in April 2014 to<br />

begin issuing drone-hunting licenses.<br />

“The ordinance was to prohibit drones<br />

in our airspace and in the town limits,”<br />

Fields said. “It was more of a novelty<br />

to generate a little money for a community<br />

center,” he added. “People in our<br />

town are leery. So it kind of opened up<br />

people's eyes to drones.”<br />

If the mayor of Deer Trail spots a<br />

cluster of drones airborne in the sky<br />

will he shoot to kill? “No, because I<br />

haven’t bought my license yet,” he says<br />

with sly chuckle.<br />

THE SUIT MAGAZINE p.17


Excerpt of “Influx” by Daniel Suarez<br />

Reprinted by arrangement with DUTTON, a member of Penguin Group (USA) LLC, A Penguin Random<br />

House Company. Copyright © Daniel Suarez, 2014.<br />

In addition to his book “Kill Decision,” about drones, Suarez is also the author of “Daemon,” “Freedom,” and<br />

the upcoming tale, “Influx,” which will be released on February 20, 2014.<br />

His new opus chronicles particle physicist Jon Grady and his team. Together, they create a device that can reflect<br />

gravity. Their research will revolutionize the field of physics – the crowning achievement for Grady and<br />

his crackerjack team. Now Grady expects widespread acclaim and perhaps even the Nobel Prize. Instead, his<br />

lab is locked down by a shadowy organization.<br />

Here is a brief excerpt from “Influx”:<br />

The man motioned for his visitor to come forward. “Mr.<br />

Grady, it’s good to finally meet you. I’ve read so much<br />

about your life and work. I feel I know you. Please, sit.<br />

Can we get you anything?”<br />

Jon Grady still stood twenty feet away. “Uh. I’m…I’m<br />

just trying to understand what’s going on.”<br />

The man nodded. “It can be disorienting, I know.”<br />

“Who…who are you again? Why am I here?”<br />

“My name is Graham Hedrick. I’m the director of the<br />

Federal Bureau of Technology Control. I must congratulate<br />

you, Jon – may I call you Jon?”<br />

Grady nodded absently. “Sure. I …hold it. The Federal<br />

Bureau of what now?”<br />

“The Federal Bureau of Technology Control. We’ve been<br />

monitoring your work with great interest. Anti-gravity.<br />

Now that is a tremendous achievement. One might<br />

say a singular achievement. Likely the most important<br />

innovation of modern times. You have every reason to be<br />

proud.”<br />

A male voice spoke just to his right, startling him. “Your<br />

water, Mr. Grady.”<br />

Grady turned to see a humanoid robot standing next to<br />

him – a graceful creature with soft, rubber coated fingers<br />

whose body was clad in a carapace of white plastic. Its<br />

face consisted only of beautiful tourmaline eyes, glowing<br />

softly. Looking at him expectantly.<br />

Grady glanced down to see a glass of water in its hand.<br />

“Uh…” He gingerly accepted the water and held it with<br />

increasing numbness.<br />

Hedrick watched him closely. “You really should sit<br />

down, Jon. You don’t look well.”<br />

Grady nodded and moved toward a chair in front of the<br />

great desk. “What the hell is this place?”<br />

“I told you, Jon. This is the Bureau of Technology Control—the<br />

BTC. We’re the federal agency charged with<br />

monitoring promising technologies, foreign and domestic;<br />

assessing their social, political, environmental, and economic<br />

impacts with the goal of preserving social order.”<br />

“Preserving social order.”<br />

“We regulate innovation. Because, in fact, humanity is<br />

far more technologically advanced than you know. It’s<br />

human nature that remains in the Dark Ages. The BTC is a<br />

safeguard against humanity’s worst impulses.”<br />

Hedrick continued, “Mankind was on the moon in the<br />

1960’s, Jon. That was half a century ago. Nuclear power.<br />

The transistor. The laser. All existed even back then. Do<br />

you really think the pinnacle of innovation since that time<br />

is Facebook? In some ways, what the previous generation<br />

accomplished is more impressive than what we do now.<br />

They designed the Saturn V rocket with slide rules. That<br />

they could make it work at all. So many parts. So many<br />

points of failure. They were the great ones. We’re just<br />

standing on their shoulders.”<br />

Grady turned forward again. “What does any of this have<br />

to do with me? Why am I here?”<br />

THE SUIT MAGAZINE - DEC / JAN 2014


y judy magness<br />

From Investment Club<br />

to Lipper Fund Award<br />

Robert S. Bacarella reminisced<br />

about the investment club he<br />

started in 1979. “We were five<br />

guys in a basement and we each put<br />

in $250,” he said. “We named the club<br />

‘Monetta,’ which is a take-off on the<br />

Latin word for money, ‘moneta.’”<br />

The five club members asked friends<br />

and relatives to invest, too, and before<br />

long there were over 100 people.<br />

“When you have family money, you<br />

have to do well – or you know what<br />

happens,” quipped Bacarella. So the<br />

“fab five” decided to form a limited<br />

partnership that was the basis for<br />

starting a mutual fund. “We started<br />

the process in 1984 and by 1986,<br />

we launched the Monetta Fund. This<br />

eventually led to the establishment<br />

of the Young Investor Fund, and one<br />

other mutual fund we have today.”<br />

The other fund that Bacarella references,<br />

is the Orion/Monetta Intermediate<br />

Bond Fund. Together, along<br />

with the flagship Monetta Fund and<br />

the award-winning Young Investor<br />

Fund, they comprise the Monetta<br />

Family of Mutual Funds managed by<br />

Monetta Financial Services, Inc. Together,<br />

along with the flagship Monetta<br />

Fund and the award-winning<br />

Young Investor Fund, they comprise<br />

the Monetta Family of Mutual Funds<br />

managed by Monetta Financial Services,<br />

Inc.<br />

Monetta’s equity investment strategy<br />

is to identify and invest early on<br />

in growth companies, while following<br />

changing investor sentiment and<br />

market trends. Their fixed-income<br />

strategy seeks high current income<br />

and preserves capital, primarily<br />

through investment quality bonds.<br />

The family of funds offer diversified<br />

investment opportunities, low minimum<br />

investments*, retirement accounts<br />

and investing programs for<br />

children.<br />

“We are money managers – we are<br />

not investment advisors or financial<br />

planners,” said Bacarella, who was<br />

well prepared to lead Monetta Financial<br />

Services as the firm’s chief executive<br />

officer. After college, he worked<br />

in the treasury department of a Fortune<br />

500 company responsible for<br />

investing excess cash, commercial paper<br />

and treasuries. As he moved up<br />

in rank, he oversaw more than one<br />

billion dollars in assets, handled by<br />

several pension fund managers within<br />

the company.<br />

Monetta’s mission is to assist shareholders<br />

in reaching the financial goals<br />

they set for themselves and their families.<br />

They do this by creating a range<br />

of investment products and striving<br />

to generate above-average performance<br />

results by using an active<br />

team-managed investment approach.<br />

The Young Investor Fund, which invests<br />

approximately 50% of its assets<br />

in exchange traded funds (“ETF’s”)<br />

and other funds that track the S&P<br />

500 Index, seeks to control risk relative<br />

to the market through the Index<br />

weightings.<br />

“In all the different approaches<br />

I’ve tried throughout my career, I am<br />

most comfortable with this. I feel I can<br />

control and minimize risk relative to<br />

the market with this innovative passive<br />

and active approach,” Bacarella<br />

said. “I have my kids, grandkids and<br />

other family members in it and I’m<br />

excited about the fund’s long-term<br />

prospects.” And there is good reason<br />

to be excited about it. The Young<br />

Investor Fund was the recipient of<br />

the 2013 Lipper Fund Award for the<br />

best Multi-Cap Core Fund based on<br />

consistent risk-adjusted performance<br />

among 214 funds over a five-year period,<br />

ending November 30, 2012.<br />

Bacarella not only derives professional<br />

satisfaction from being fund<br />

manager of the Young Investor Fund,<br />

but also personal fulfillment, in fact in<br />

2008 his son Robert J. Bacarella joined<br />

the firm. The fund exemplifies his belief<br />

in a family approach to investing<br />

and in the importance of promoting<br />

investment education at a very early<br />

age. “We have a whole program on<br />

financial literacy and education for<br />

children to open their minds to the<br />

concept of investing,” Bacarella said.<br />

“We know that children are technology<br />

savvy, so we connect with them on<br />

our website by providing a page that<br />

features numerous games and activi-<br />

THE SUIT MAGAZINE - DEC / JAN 2014


ties to educate them about money and investing. They also<br />

receive an entertaining quarterly newsletter to fill out. They<br />

learn something – that’s the whole idea.”<br />

“This emphasis on families and kids is important to us,”<br />

said Bacarella. “We reach out to investors and families to<br />

help them understand how money should be managed and<br />

we help people develop the life skills that they will need to<br />

do well over time.” Promoting financial literacy is so important<br />

to Bacarella and his Illinois-based firm, that he authored<br />

a 24-chapter investment workbook that is currently<br />

given to Monetta fund investors and their children, and is<br />

also being used in some Chicago area high schools to teach<br />

students basic investment concepts.<br />

Helping families start early to invest for a child’s college<br />

education is also a part of the Monetta mission. They created<br />

a gift registry for the children of their investors. After<br />

parents enroll their children in the registry, then family<br />

members can contribute to that account for the child’s college<br />

education with a debit or credit card.<br />

Monetta Family of Mutual Funds<br />

1776-A S. Naperville Rd., Suite 100<br />

Wheaton, IL 60189<br />

1-800-MONETTA<br />

Phone: 630.462.9800<br />

www.monetta.com<br />

Monetta Financial Services, Inc. paid to have this article<br />

produced.<br />

* An account may be opened with a minimum deposit<br />

of $100 and a monthly automatic investment<br />

plan deposit of at least $25, or with a $1,000 deposit.<br />

An Automatic Investment Plan does not assure, and<br />

does not protect against, a loss in declining markets.<br />

Such a plan involves continuous investment in securities<br />

regardless of fluctuating price levels and investors<br />

should consider their financial ability to continue<br />

purchases through periods of low price levels.<br />

The fund’s investment objectives, risks,<br />

charges and expenses must be considered<br />

carefully before investing. The summary<br />

and statutory prospectuses contains this<br />

and other important information about<br />

the investment company, and may be obtained<br />

by calling 1-866-964-4683, or visiting<br />

www.younginvestorfund.com. Read it<br />

carefully before investing.<br />

All investments, including mutual funds, have risks<br />

and principal loss is possible. Mid-sized companies<br />

and mid-cap stocks may be more volatile than<br />

large-cap stocks. The Funds may invest in foreign<br />

securities which tend to be more volatile and less<br />

liquid than investments in U.S. securities and may<br />

lose value because of adverse political, social, or<br />

economic developments overseas. In addition, foreign<br />

investments may be subject to regulatory and<br />

accounting standards that differ from those of the<br />

U.S. The Funds may make short-term investments,<br />

without limitation, for defensive purposes, which<br />

investments may provide lower returns than other<br />

types of investments.<br />

The Monetta Young Investor Fund invests approximately<br />

50% of its assets in exchange traded funds<br />

(ETF’s) or other funds that track the S&P 500 Index.<br />

The cost of investing in the shares of ETF’s will generally<br />

be lower than investing in other mutual funds<br />

that track an index, which will be subject to certain<br />

risks which are unique to tracking the Index. However,<br />

if the Fund invests in other mutual funds that<br />

track an index, your cost of investing will generally<br />

be higher.<br />

The S&P 500 Index is a broad based unmanaged index<br />

of 500 stocks, which is widely recognized as representative<br />

of the equity market in general. Since indices<br />

are unmanaged, it is not possible to invest in them.<br />

A Lipper Fund Award is awarded to one fund in each<br />

Lipper classification for achieving the strongest trend<br />

of consistent risk-adjusted performance against its<br />

classification peers over a three, five or ten-year<br />

period. Although Lipper makes reasonable efforts<br />

to ensure the accuracy and reliability of the data<br />

contained herein, the accuracy is not guaranteed by<br />

Lipper. Users acknowledge that they have not relied<br />

upon any warranty, condition, guarantee, or representation<br />

made by Lipper. Any use of the data for<br />

analyzing, managing, or trading financial instruments<br />

is at the user`s own risk. This is not an offer to buy or<br />

sell securities. Lipper Analytical Services, Inc. is an independent<br />

mutual fund research and rating service.<br />

The Lipper Fund Awards are part of the Thomson Reuters<br />

Awards for Excellence, a global family of awards<br />

that celebrate exceptional performance throughout<br />

the professional investment community. The<br />

Thomson Reuters Awards for Excellence recognize<br />

the world’s top funds, fund management firms, sellside<br />

firms, research analysts, and investor relations<br />

teams. The Thomson Reuters Awards for Excellence<br />

also include the Extel Survey Awards, the StarMine<br />

Analyst Awards, and the StarMine Broker Rankings.<br />

For more information, please contact markets.<br />

awards@thomsonreuters.com or visit excellence.<br />

thomsonreuters.com.<br />

Opinions expressed are subject to change, are not<br />

guaranteed and should not be considered recommendations<br />

to buy or sell any security.<br />

Past performance is no guarantee of future results.<br />

Distributed by Quasar Distributors, LLC.<br />

THE SUIT MAGAZINE p.21


y diane e. alter<br />

CREATING SUCCESSFUL COMMUNITIES<br />

Breaking Ground in the Affordable Housing Dilemma<br />

Housing costs vary greatly across the United States,<br />

but a serious lack of affordable housing affects<br />

low-income and low-wage workers in every corner<br />

of the country. According to the National Housing Trust<br />

Fund, in order to close the gap between the swollen demand<br />

for affordable housing and the limited supply, the U.S.<br />

would need to add 4.5 million units affordable to extremely<br />

low income households.<br />

At first blush, that sounds like a daunting task. But, “with<br />

funding and creativity, anything is possible,” Thomas E.<br />

Nutt-Powell, owner of Capital Needs Unlimited, told “The<br />

Suit.”<br />

also directed the Manufactured Housing Research Program<br />

of the Harvard-MIT Joint Center for Urban Studies. In addition,<br />

Nutt-Powell has worked with agencies in some of the<br />

country’s most devastated housing markets including Detroit,<br />

Las Vegas, Pittsburgh, Atlanta, Chicago, Washington,<br />

DC, Boston, Phoenix and East St. Louis.<br />

Nutt-Powell explained, “I like providing practical and<br />

sustainable solutions today for tomorrow’s pressing housing<br />

needs. The key is to get the community to work together<br />

to support quality, healthy neighborhoods with a range of<br />

housing options so that families of all income levels have<br />

an opportunity to thrive. But our job doesn’t stop there.<br />

Based in Brookline, MA, Capital Needs Unlimited is a<br />

consortium of national planning and development experts<br />

dedicated to providing fully-integrated long-term community<br />

solutions. Working hand-in-hand with clients, Capital<br />

Needs Unlimited assists in the areas of community development,<br />

housing and community transformation, leveraged<br />

financing, mixed income communities, capital needs assessment<br />

and asset management.<br />

The highly specialized and acclaimed Nutt-Powell is a nationally<br />

renowned planning professional with nearly three<br />

decades of experience in the public, assisted and conventional<br />

housing markets. Nutt-Powell has served on the faculty<br />

of MIT’s prestigious School of Architecture and Planning,<br />

where he headed the Master in City Planning program. He<br />

Also important is to help people transition from renters to<br />

home-owners. Many have no idea how to handle things like<br />

a dripping faucet or running toilet.”<br />

With so much left to do and so many ideas still to share,<br />

the accomplished Nutt-Powell, says his greatest success is<br />

yet to come.<br />

We all have to live somewhere. Thanks to Nutt-Powell,<br />

scores of people now actually do have somewhere nice to<br />

live that they can afford.<br />

www.housing-solutions.com<br />

THE SUIT MAGAZINE - DEC / JAN 2014


y rachel velazquez<br />

Be not afraid of<br />

growing slowly,<br />

be afraid only of<br />

standing still<br />

- Chinese Proverb<br />

Simplicity Matters<br />

It’s easy to hear a smile in the tone<br />

of Cheryl R. Holland’s voice. In it,<br />

you get a sense of the enthusiasm<br />

and dedication the dynamic founder<br />

of Abacus Planning Group has when<br />

it comes to guiding the financial futures<br />

of her clients.<br />

“We don’t feel like we have to be<br />

a certain way or say a certain thing<br />

to be successful. It’s all about doing<br />

a great job in the simplest and most<br />

effective manner, being technically<br />

talented but, above all, being a good<br />

human being – it counts for a lot in<br />

this industry,” expressed the certified<br />

financial planner, who launched<br />

her business some fifteen years ago.<br />

Headquartered in Columbia,<br />

South Carolina, Abacus began with a<br />

handful of clients. Early in her career,<br />

Holland learned that with financial<br />

planning and investment advice, she<br />

could “create more wealth when you<br />

marry the two.” Gradually the firm<br />

took shape via referrals, her varied<br />

volunteer work connections and<br />

through her network of CPAs and<br />

lawyers who were so pleased with her<br />

work that they became clients as well.<br />

While the economic climate appears<br />

to be in a slow motion turnaround,<br />

Holland believes a healthy dose of<br />

skepticism still exists. “People want<br />

to put together a customized holistic<br />

portfolio using as many tools as possible.<br />

My job as an adviser is to understand<br />

my client’s risk tolerance, risk<br />

capacity, how much risk can they really<br />

afford to take and then mitigate that<br />

risk perception,” she stated.<br />

Today, Holland says that she and<br />

her team welcome clients who may<br />

have some complexity in their financial<br />

situation. Via their expertise, she<br />

feels they can add significant value.<br />

Listening and guiding aren’t just two<br />

of the category sections on the home<br />

page of the company website. These<br />

words exemplify the corporate culture<br />

by which they choose to define themselves.<br />

By helping their clients envision<br />

financial planning as a transformational<br />

process that can help them<br />

live their lives more fully, Holland<br />

and her team enable clients to move<br />

forward and become more connected<br />

with the world around them.<br />

“If you are proactive and plan (your<br />

financial portfolio) well, then when<br />

life’s inevitable roller-coaster comes<br />

along, whether they are exogenous<br />

or endogenous to your system, you<br />

can weather anything. Our job is to<br />

be there, be present, be authentic and<br />

listen,” Holland explained.<br />

Being transparent and keeping the<br />

lines of communication open among<br />

clients and advisers is critical. Holland<br />

and her team provide clients<br />

with a two-page summary which includes<br />

performance metrics, benchmarks<br />

and more. “It’s very visual,<br />

very easy to understand and this is<br />

one of the ways where I think the<br />

simpler you can keep it, the easier<br />

it is for people to stay on track. The<br />

more you can automate their savings,<br />

withdrawals – all those things make a<br />

difference, because simplicity matters<br />

in our business.<br />

2500 Devine Street<br />

Columbia, SC 29205-2400<br />

www.abacusplanninggroup.com<br />

THE SUIT MAGAZINE p.23


Consumers Drive Credit Card Needs<br />

By The Suit Staff<br />

John Gagne’ looks forward to the day when he might find<br />

himself walking down the street, weighing his options<br />

for that day’s lunch after having passed by a sandwich<br />

shop that he checked out on his mobile phone. Within a minute<br />

or so, the sandwich shop texts him an enticing message<br />

offering a free smoothie should he opt to retrace his steps<br />

and purchase lunch at that establishment.<br />

It is software technology that Gagne’ said is envisioned<br />

by First Data and Ignite Payments as part of a continuing<br />

move toward more consumer-driven commerce. Facilitated<br />

by mobile phones, consumers will have the option of registering<br />

their credit card information online and then storing<br />

that data in a virtual wallet on their mobile phones so they<br />

can spend money without carrying cash or plastic.<br />

“Consumers want it all,” Gagne’ said of this trend which is<br />

quickly gaining its share in the marketplace.<br />

It is part of a broader trend bringing fast-paced changes to<br />

the credit card processing industry. Gagne’ has been a significant<br />

player in that industry for the past 22 years, operating<br />

under the name First Data Independent Sales Atlantic.<br />

That name will be switched to Ignite Payments Atlantic in<br />

January 2014.<br />

Gagne’ had an unusual start. He owned an exotic pet store<br />

but sold it after just a couple of years. In 1985, the man who<br />

set up the pet store’s credit card processing then offered<br />

Gagne’ a job in that industry. After working with a couple<br />

of different companies, in 1992 he connected with Cardservice<br />

International,<br />

which was purchased<br />

by First Data 11 years<br />

later.<br />

Since then, Gagne’<br />

has watched the industry<br />

change from simply processing<br />

a credit card held by the consumer,<br />

to the use of digital coupons<br />

where the credit card numbers are tied<br />

to the<br />

online offer, and redemption of the coupon is done at the<br />

point of sale. This capability and many like it that help drive<br />

and reward customers at the point of sale is facilitated thru<br />

a First Data program called Offerwise and is one of many<br />

programs Gagne’s company offers to merchants to help<br />

grow their business.<br />

“Since the consumer drives the market, the merchant who<br />

offers online discounts to bring in new customers and rewards<br />

to keep them coming back will accomplish two important<br />

goals in running a business; Retention and Growth.”<br />

Gagne’ sums it up by stating, “Anyone can offer a low rate<br />

on a merchant account. If we can help a business increase<br />

sales and retention, it will have the same effect on my business.”<br />

www.fdisatlantic.com<br />

Women view<br />

money differently<br />

than men<br />

We view money as a necessary means to an end – a way<br />

to provide for our life-long needs.<br />

We don’t approach investing as a competition. Instead,<br />

we recognize its role in helping us reach our long-term<br />

goals – like caring for our aging parents and improving<br />

the lives of those we love. For us, planning our financial<br />

future is about feeling stable and secure, today and long<br />

into the future.<br />

At Adams Hall Wealth Advisors, we understand. In fact, our depth of<br />

experience in the customized management of investment portfolios<br />

and attentiveness to our clients’ individual needs has resulted in a<br />

98% client retention rate.<br />

Put simply, our experienced wealth professionals focus on ensuring<br />

your financial peace of mind. So you can sleep better at night.<br />

Suzanne Wheeler, CFP ® , AIF ® , Senior Vice President,<br />

Co-Founder, Specializes in helping women transition<br />

to financial independence<br />

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Officer, Named a 2013 Top 10 Women RIA Owner by<br />

WealthManagement.com<br />

4200 E. Skelly Drive, Suite 950, Tulsa, OK 74135 | 918-665-2446 www.adamshall.com


y a. marie velthuizen<br />

DIVORCE DOES NOT HAVE TO MEAN<br />

Financial Disaster<br />

Making financial<br />

decisions<br />

in the<br />

midst of distress is a<br />

move that financial<br />

advisers tend to discourage.<br />

Yet, when<br />

the divorce process<br />

takes over your life,<br />

your days are full of distress even<br />

when there are still plenty of financial<br />

decisions to be made. The two don’t<br />

make good bedfellows, yet somehow<br />

each has to be satisfied for the divorce<br />

process to end.<br />

Enter Deb Johnson, a trained mediator<br />

and certified divorce financial<br />

analyst, who is part of a burgeoning<br />

new career field assisting potential divorcees<br />

in ways most attorneys cannot.<br />

She owns the Divorce Resource Center<br />

of Colorado, located in Littleton.<br />

“At the time of divorce, clients are<br />

often filled with fear of the unknown,<br />

yet required to make major financial<br />

decisions that will impact them and<br />

their families for the rest of their lives,”<br />

Johnson said. She knows this is true<br />

from personal experience gained when<br />

going through her own divorce. “I<br />

don’t give legal advice; that is for each<br />

client’s attorney to handle. What I do<br />

is analyze their finances to determine<br />

what the short and long term financial<br />

impacts of various divorce settlement<br />

options will be.”<br />

Instead of the process being an overwhelmingly<br />

draining experience, in<br />

Johnson’s mind, divorce can include<br />

personal empowerment and preparation<br />

for what lies beyond that final decree.<br />

“I offer a process that leads clients<br />

through the financial complexities of<br />

the divorce step-by-step, so they feel<br />

educated,” Johnson said. This includes<br />

analyzing the marital estate for assets<br />

and liabilities, determining the value<br />

of any retirement plans, stocks, bonds,<br />

pension plans, and stock options. Johnson<br />

forecasts the long-term impacts of<br />

these decisions to give her clients an estimate<br />

of future income in order to set<br />

up a spending plan. It includes giving<br />

her clients financial recommendations<br />

that prove useful for their attorneys in<br />

the legal process.<br />

She launched the firm in 2008, after<br />

20 years as a wealth adviser. At that<br />

time, her clients came – divorce settlements<br />

in hand – asking her to make<br />

investments to provide them with a secure<br />

financial future. What she found<br />

in those settlements, however, was unsettling.<br />

“In some cases, it was clear they did<br />

not understand what they had agreed<br />

to. What appeared to be equitable at<br />

the time of divorce was in fact not at all<br />

equitable as time marched on,” Johnson<br />

said. “It occurred to me that there<br />

was such a huge need.”<br />

Yet, despite the clear need, Johnson<br />

struggled in getting those first “divorce”<br />

clients. She tried contacting attorneys<br />

– offering her financial analysis<br />

services – but most considered her a<br />

competitor rather than a support. She<br />

hit pay dirt by making a presentation<br />

at a mental health conference. Last<br />

year, she worked on 66 divorces in addition<br />

to her other financial planning<br />

and wealth management.<br />

In 2014, Johnson wants to offer mediation<br />

services for family disputes – especially<br />

in the area of elder care.<br />

“When it is time to move Mom and<br />

Dad to an assisted living facility, this is<br />

tough,” Johnson said. “I would like to<br />

help family members communicate in<br />

a positive way, where the older people<br />

are feeling empowered as well in this<br />

decision and not feeling as if it was just<br />

made on their behalf.”<br />

For now, she continues working<br />

with those seeking financial assistance<br />

during divorce. The clients Johnson can<br />

help the most are the ones that come to<br />

her before official divorce proceedings<br />

have begun.<br />

“I can spend time educating them<br />

on the various ways to get divorced in<br />

Colorado and also looking at how this<br />

will financially impact them,” she said.<br />

“They are often much better prepared.”<br />

www.DRCofColorado.com<br />

THE SUIT MAGAZINE p.25


y diane e. alter<br />

An “Anti-Wall Street” Approach to Investing<br />

Unbiased Financial Recommendations and Customized Strategies<br />

As Integrated Financial Group<br />

approaches its 10th anniversary,<br />

this thriving Atlanta,<br />

GA-headquartered firm continues to<br />

be passionate about – and highly focused<br />

on – client service. “We take our<br />

role as trusted advisers very seriously.<br />

nancial planning groups. Integrated<br />

Financial Group’s practice is based<br />

on the premise that many minds are<br />

greater than one. When it’s in a client’s<br />

best interest, the firm consults<br />

its diverse team of highly experienced<br />

professionals within its association for<br />

their expertise, perspective and unbiased<br />

input.<br />

“We make objective, conflict free<br />

recommendations for products that<br />

match a client’s unique financial needs.<br />

From there we construct a blueprint<br />

for a sustainable income for life. A long<br />

term vision and plan helps clients overcome<br />

day-to-day market gyrations and<br />

jitters that plague an uncertain economy.<br />

We remain focused on a client’s<br />

financial vision, not on Wall Street’s.<br />

We can’t predict the future, but we are<br />

very adept at planning for it,” Patrick<br />

shared.<br />

To be sure, this is not the time to<br />

be passive about investing. The dot.<br />

We understand that performance is the<br />

key measure of our success. In that regard,<br />

we are highly selective when it<br />

comes to our employees. You see, we<br />

are trusted leaders for our clients and<br />

their hard-earned money,” managing<br />

director Donald Patrick told “The<br />

Suit.”<br />

The aim at Integrated Financial is to<br />

take the mystery out of growing and<br />

protecting each client’s assets. The<br />

approach taken is a customized, comprehensive<br />

financial plan focused on<br />

lifetime goals and visions. Explanations<br />

and strategy choices are clear and<br />

concise. Guidance is geared around pioneering<br />

thinking and tactics. “We use<br />

an academic approach to investing,”<br />

Patrick explained. “It’s a free factor<br />

model (a financial model employing<br />

multiple factors in its computations)<br />

and it’s kind of an anti-Wall Street<br />

methodology. It has served us and our<br />

vast client base very well.”<br />

The firm, along with its consortium<br />

of over 40 committed independently-owned<br />

investment financial firms<br />

peppered across seven states, is one<br />

of the nation’s largest independent fi-<br />

www.integrated-financial-group.com<br />

com boom and bust, the housing bubble<br />

and the Great Recession have all<br />

taught us to recognize both risks and<br />

rewards. In order to achieve the best<br />

outcomes and better risk controls, investors<br />

must have a financial plan.<br />

“Studies show the majority of Americans<br />

don’t have a financial plan,” Patrick<br />

said. “That’s just crazy. You have<br />

to have a disciplined and sound plan<br />

in place. Working with an experienced<br />

financial planner is key. That’s the best<br />

professional advice you’ll ever get.”<br />

In sum, Patrick borrows a line from<br />

the immortal Yogi Berra, “If you don’t<br />

know where you’re going, you’ll end<br />

up somewhere else.”<br />

THE SUIT MAGAZINE - DEC / JAN 2014


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y amy armstrong<br />

keeping it all<br />

in the family<br />

He’s well aware that only ten percent of all<br />

family-owned businesses survive through<br />

to the third generation. Changing that trend<br />

– upping that statistic – is a big part of what motivates<br />

Francois de Visscher in his work as the president<br />

of de Visscher and Company, LLC, a financial<br />

consulting and advisory firm specializing in the<br />

needs of family-owned businesses.<br />

Although de Visscher’s firm is based in Greenwich,<br />

Connecticut, its services reach not only across<br />

the continental United States, but also around the<br />

world. He has advised members of more than 300<br />

different family-owned businesses in Europe, Asia,<br />

the Middle East, Latin America and just recently,<br />

Australia. A man on a mission, de Visscher’s<br />

work assists the owners of family businesses in doing<br />

what is often rather challenging – keeping the<br />

bottom line profitable while honoring the family’s<br />

unique dynamics – and holding the inevitable conflicts<br />

arising from such close-knit business relationships<br />

to a minimum.<br />

That takes funding sources and training, and de<br />

Visscher is the man who can provide it.<br />

“The core of our activities is being able to bring<br />

them the right sources of capital to help them do<br />

whatever they want to do with their business,” de<br />

Visscher said. His next order of business most certainly<br />

runs a very close second to the first. He knows<br />

that family-owned businesses are ripe ground for<br />

those familial conflicts that can destroy a business<br />

and its credibility as well as profitability.<br />

And de Visscher knows exactly what he is<br />

talking about. More importantly, he has<br />

learned how to avoid many of these pitfalls,<br />

especially as a director and shareholder<br />

of the fourth generation of his<br />

family’s business, based in Belgium. In<br />

1880, his great-grandfather established<br />

N.V. Bekaert S.A. – a firm today that has<br />

annual sales totaling more than $6 billion<br />

and has a presence in more than 100 countries<br />

through its manufacturing of steel<br />

THE SUIT MAGAZINE - DEC / JAN 2014


“<br />

We understand the many challenges facing family<br />

companies and their owners because we deal with those<br />

issues everyday as advisors and as owners.”<br />

- François de Visscher<br />

wire and related products.<br />

His passion for the family-owned business<br />

grew during his tenure as an investment banker<br />

working for Smith Barney in the mid-1980s.<br />

Working with household names such as Smuckers<br />

and Marriott – both family-owned businesses – de<br />

Visscher gleaned significant knowledge from monitoring<br />

and guiding their success. After four years, he<br />

wanted to get out of Wall Street, where the pressurized<br />

sale of products dominated the advising of any business,<br />

let alone family-run businesses and de Visscher<br />

hung out his own family business shingle. He wanted<br />

to be independent and wanted the financial advice he<br />

gave to families to be provided on a totally unbiased<br />

basis as to its outcome.<br />

Since then, de Visscher has watched family-owned<br />

businesses grow through fostering an increased professionalism<br />

via a variety of training institutes, including<br />

the Business Growth Alliance and the Family Business<br />

Network. Positive changes he has seen include a trend<br />

toward an earlier identification of the heir apparent or<br />

successor to the top leadership within the family business<br />

structure.<br />

“Everybody knows there will be a successor,” he<br />

notes. “Identifying that individual earlier on creates<br />

more stability for the family business.”<br />

Now that people are living longer, de Visscher noted<br />

that it’s not uncommon to have three or four generations<br />

directly involved in the running of a family business<br />

at the same time. The older generations tend to be<br />

more protective of assets and want to shelter wealth,<br />

while the younger generations tend to be more aggressive<br />

and willing to take risks.<br />

“It can create conflict,” de Visscher said.<br />

That is where an adviser such as himself comes into<br />

play. He works with all of the family members, educating<br />

them on how their decisions can have long-term<br />

effects on the continued sustainability of the company.<br />

Sometimes that means advising younger family members<br />

to ease up and sometimes that means suggesting<br />

older members evaluate exactly how much risk is tolerable<br />

for maintaining their retirement needs while<br />

making ample provision for the company to grow. He<br />

asks all parties involved to take an honest look at what<br />

the goals of any family business should be, asking them<br />

the hard questions about their business, such as: how to<br />

grow the business; how to make a return to shareholders;<br />

and how to do both of these while developing the<br />

professionalism of the family within the business and<br />

enhancing the family’s cohesion as a social structure.<br />

Yet even de Visscher believes that his advice alone<br />

won’t always solve everything. That’s why in 2012 he<br />

created a program in which family-owned businesses<br />

seeking investment opportunities can invest directly in<br />

other family-owned businesses. His program not only<br />

provides needed infusions of cash but also know-how<br />

and advice that can pass between the two entities.<br />

“It really is a partnership between two families, aimed<br />

at supporting each other for the long haul,” he said.<br />

This concern fits right into de Visscher’s business<br />

plan: helping as many family businesses as he can pass<br />

operations on to the third, fourth and – dare he dream<br />

– on to the fifth and sixth generations.<br />

“I think my greatest success has been to help so many<br />

family businesses to survive and then thrive to be successful,”<br />

de Visscher said retrospectively. “It is gratifying<br />

to look at the history of a family business that we<br />

have helped over the years and its generations – and to<br />

see it succeed.”<br />

Two Greenwich Office Park<br />

(For GPS directions: 51 Weaver Street)<br />

Greenwich, CT 06831<br />

www.devisscher.com<br />

THE SUIT MAGAZINE p.29


With Your Goals in Mind<br />

By Rich Monetti<br />

The Bernie Madoff scandal<br />

might not have been so<br />

devastating had there been<br />

fiduciary laws in place calling<br />

for third party custodians to act<br />

as verification. So says Suzanne<br />

Wheeler, co-founder of Adams<br />

Hall Wealth Advisors (AHWA),<br />

based in Tulsa, Oklahoma. But<br />

while future legislation of this<br />

nature might leave many firms<br />

scrambling, AHWA would seamlessly<br />

welcome this kind of shift<br />

– watching the playing field level<br />

around them.<br />

“We think everyone should be held to the same fiduciary<br />

standard that we currently use,” Wheeler emphasized.<br />

Employing a high standard leaves AHWA in a position to<br />

act more independently. “This allows us to access unlimited<br />

solutions without compromising our allegiance to you.”<br />

The firm ties all of the advice it gives together, creating a<br />

financial synergy unique to each client. Whether retirement<br />

planning, investments, managing the family business, paying<br />

for college or estate planning, the nitty gritty of portfolio<br />

management serves as background to what’s initiated at<br />

the outset. Finely attuned to achieving the goals of clients,<br />

Wheeler said, “We need to demonstrate that we are adding<br />

value and that the client sees that value.”<br />

This means maintaining consistent communication with<br />

clients – especially if results go awry. Regarding getting<br />

spending in line, modifying goals or upping the risk tolerance<br />

of conservative investors, Wheeler notes, “We hit that<br />

situation head on.”<br />

Of course, all the talk in the world can’t keep changing tax<br />

laws from throwing a monkey wrench into those results. As<br />

the Baby Boomers hit retirement, AHWA understands that<br />

dividend investments can’t be discounted – even if Congress<br />

continually erodes the returns. “I think we have to be more<br />

strategic, because people are still going to have to live off<br />

these,” says Wheeler.<br />

The same flexibility applies to staying abreast of new or alternative<br />

approaches – and that matters beyond the success<br />

of their client base. Always room for improvement, she believes<br />

the industry must continually provide better offerings<br />

for investors or America will fall back.<br />

Wheeler obviously welcomes this challenge.<br />

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A Hawk’s Eye on Investment Strategies<br />

and Retirement Solutions<br />

A Conservative Approach to Asset Management and Long-Term Planning<br />

by diane e. alter<br />

Wealth Management<br />

www.assetsgrow.com<br />

The wealth management industry in the United States is in<br />

the midst of a number of dramatic changes resulting from<br />

the 2008 financial calamity, as well as from a number of<br />

long-term trends in the industry. Full-service firms have been<br />

steadily losing advisers and assets as they move toward more<br />

independent and self-directed channels. This shift followed the<br />

Great Recession of 2008 and has picked up steam as big brokerage<br />

firms – under constant scrutiny for a number of misdeeds – lose<br />

their clout, along with investors’ confidence.<br />

“Today’s financial world is experiencing a state of revolution,”<br />

Peyton R. Hawkes, president of Hawkes Wealth Management,<br />

told “The Suit.” “We have perhaps never seen the tenets of economic<br />

policy more precariously poised for change. In fact, we are<br />

watching credit, once the primary tool for growth, being tossed<br />

away. The financial crisis bought numerous challenges. Client satisfaction<br />

sits at historic lows and there is a greater emphasis on<br />

transparency.”<br />

Boasting more than three decades of financial experience,<br />

Hawkes Wealth Management has been serving the Binghamton,<br />

NY area since 1981. The firm’s approach is one of transparent and<br />

conservative asset management, with a focus on long-term planning.<br />

“We use strategic diversification, spread among appropriate<br />

asset classes,” Peyton explained. “This lessens the kind of extreme<br />

volatility that has scared scores of investors from the market. We<br />

don’t chase hot stocks or Alpha (a term used for investors aiming<br />

to outperform a benchmark such as the Dow or the S&P 500 Index).<br />

We employ a risk-targeted method of investing which we<br />

carefully monitor and tweak as economic conditions or a client’s<br />

lifestyle warrants.”<br />

Clients run the gamut from those in need of a detailed and sustainable<br />

retirement plan, to those who want the firm to have full<br />

management of their assets, to individuals who prefer the self-directed<br />

approach and favor a cursory plan. “Our ideal client shares<br />

our investment philosophy, is realistic, doesn’t expect miracles<br />

and is open to change as needed,” Hawkes detailed.<br />

Change is good – but plenty of today’s investors are opposed to<br />

any adjustments. Still fixated on the dot.com boom and bust, painful<br />

financial meltdown and flood of scandals that blemished Wall<br />

Street, investor preferences are now switching direction toward<br />

simpler, less risky and easily understandable products. There is a<br />

heightened sensitivity to price swings and an increased appetite<br />

for yield amid five-plus years of a near-zero interest rate environment.<br />

These are not obstacles for Hawkes – they are opportunities.<br />

That mindset is what he uses to approach what he considers to<br />

be “the fatalistic investing approach” of today’s youth. “They live<br />

for today and aren’t focused on their future. What I’d like to see is<br />

for young people to develop a savings habit. Saving even a little<br />

bit now can reap big rewards later.”<br />

THE SUIT MAGAZINE p.31


y travis taylor<br />

Lending an Ear to Investors<br />

ESTABLISHING A GOOD RELATIONSHIP IS KEY<br />

James Gazis, CEO<br />

Balanced Asset Strategies, Ltd.<br />

120 S. LaSalle Street<br />

Suite 1940<br />

Chicago , IL 60603<br />

www.balancedassetstrategies.com<br />

Chicago-based James Gazis and investment<br />

advisers Balanced Asset Strategies,<br />

Ltd., believe in putting the interests<br />

of small business clients first. With this<br />

in mind, great care is taken with investments<br />

– and the role of fiduciary is welcomed<br />

with open arms.<br />

Before starting the company, president<br />

and CEO Gazis managed institutional<br />

accounts for a proprietary trading firm,<br />

eventually moving up to vice president<br />

of derivative markets at Citigroup, a position<br />

he held until 2006. Shortly thereafter,<br />

Gazis began working with individuals<br />

and small businesses, and his<br />

successes in that field led to the founding<br />

of Balanced Asset<br />

Strategies, Ltd. in<br />

2008.Specializing in<br />

small businesses, typically<br />

ones with fewer<br />

than 20 employees,<br />

Gazis focuses on<br />

transition planning,<br />

insurance, buying<br />

and selling strategies<br />

and planning. Clients<br />

tend to be middle level<br />

employees, executives and retirees, almost<br />

evenly split at one third each.<br />

While open to considering all potential<br />

clients, not everyone is a fit – nor is<br />

the company the right fit for every client.<br />

“Communication is definitely the key,”<br />

said Gazis. “Every client requires something<br />

a little bit different.”<br />

Gazis focuses on establishing trust and<br />

confidence when working with clients.<br />

He realizes that personal aspects play a<br />

part in any client decisions and having a<br />

solid relationship with that client is the<br />

key to success.<br />

Once a client is brought on board, that<br />

client can choose from among the wide<br />

array of services offered by Gazis and<br />

Balanced Asset, including investment<br />

and retirement planning, 401ks, income<br />

tax planning, estate planning and divorce<br />

mediation. Additionally, education<br />

planning and protection for large<br />

stock investments are offered.<br />

This range of choice gives clients the<br />

means to set up goals, deciding what resources<br />

are needed and fully developing<br />

financial strategies for achieving those<br />

goals.<br />

Regarding the current economy, Gazis<br />

says, “[The] low interest rate environment<br />

has hurt both the saver and the<br />

retiree.” Clients need to save more and<br />

spend less – and his company recognizes<br />

this.<br />

Low interest rates help people who<br />

are borrowing money<br />

for home or auto loans<br />

but for those saving<br />

money, such a low interest<br />

rate reduces the<br />

amount of return put<br />

into savings. According<br />

to the Employee<br />

Benefit Research Institute,<br />

44 percent of<br />

retirees will run out of<br />

money for basic needs.<br />

With the Federal Reserve looking to<br />

keep rates low until 2014, this number<br />

could rise.<br />

One of the most difficult things for<br />

clients to do is to get a good rate of return<br />

without taking big risks. Gazis and<br />

Balanced Asset helps them navigate this<br />

challenge and survive whatever financial<br />

twists life might throw their way.<br />

THE SUIT MAGAZINE - DEC / JAN 2014


y amy m. armstrong<br />

ANALYTICAL NERDINESS<br />

GETS THE JOB DONE<br />

Gavin Hupp is capitalizing<br />

on a trend that sees business<br />

owners relying heavily on<br />

outside help to analyze their financials,<br />

give them the market outlook<br />

and run day-to-day operations.<br />

Hupp is the owner of Business<br />

Nerds, based in Phoenix, Arizona,<br />

which was officially established in<br />

June 2013. Unofficially, he’s been<br />

conducting business under that<br />

identity since August 2010, as a full<br />

service business consultant specializing<br />

in the analysis of accounting,<br />

logistics, marketing and product<br />

feasibility.<br />

He calls it his passion – and that<br />

passion is reflected in his title of<br />

“Chief Business Nerd.”<br />

“I became obsessed,” he said,<br />

in reference to helping family and<br />

friends with business analysis while<br />

completing his college education. “I<br />

became obsessed with making their<br />

side businesses extraordinary deliverers<br />

of value to the marketplace. I<br />

had already developed the reputation<br />

of being a business nerd – because<br />

that is all I really want to do<br />

and all I really ever wanted to talk<br />

about. That is where my passions<br />

are.”<br />

Hupp earned his MBA in both<br />

finance and project management<br />

from Western International University.<br />

Along the way, he gained<br />

plenty of hands-on experience managing<br />

retail stores, conducting audit<br />

sales and field marketing, along<br />

with helping friends and family<br />

members start their own side businesses.<br />

He had one goal in mind<br />

and that was adding value to the<br />

marketplace.<br />

After a short stint as a management<br />

analyst for a business development<br />

firm, Hupp decided to pursue<br />

his true calling. “I realized that<br />

what I really wanted to do was to<br />

just delve into my client’s businesses,<br />

develop value and help them become<br />

better business owners.”<br />

He is confident that the business<br />

owners he works with already<br />

know their trades. He also knows<br />

how they, being entrepreneurs, are<br />

risk-takers who can at times become<br />

overwhelmed by all the nuances of<br />

running a business.<br />

“What we bring is the focus, insight<br />

and processes to help entrepreneurs<br />

succeed,” Hupp said. “We<br />

give them a plan. It is easy to get<br />

off course if you don’t have specific<br />

plans. That is what we do. We give<br />

them peace of mind and the specifics<br />

of a road map that shows the<br />

how, why, what and when regarding<br />

the things a business owner<br />

needs to do.”<br />

Hupp remarked that market<br />

analysis is his favorite<br />

part of the job. “Economics<br />

is about human<br />

action,” he said. “If we<br />

know of a product that<br />

solves a problem for a<br />

particular segment of<br />

the population with<br />

certain behaviors, then<br />

what we need to know<br />

is – what solutions are<br />

already in place that<br />

our new solution will<br />

replace to see who the<br />

competitors are. It is a<br />

rigorous process, but<br />

the best model begins<br />

with the consumer on<br />

the micro level and<br />

then builds the model<br />

up from there.”<br />

Hupp has done a bit<br />

of his own analysis to<br />

see what his customers<br />

want. They like to see<br />

him as the geek who<br />

can take care of all the<br />

“nerdy” aspects of their business so<br />

they can get down to doing what<br />

they do best. It isn’t necessarily<br />

an official company uniform, but<br />

Hupp does sport a bow tie on a regular<br />

basis. Even his LinkedIn profile<br />

features a photo of him wearing a<br />

brightly-colored bow tie, effectively<br />

presenting a geeky image.<br />

That might just be the point.<br />

“Everything is done with intention,”<br />

Hupp stated, chuckling<br />

knowingly after being asked if the<br />

bow tie is an intentional way of<br />

cultivating that image. He jokes:<br />

“It takes confidence, individualism<br />

and even technical skill just to apply<br />

the thing.”<br />

THE SUIT MAGAZINE p.33


y diane e. alter<br />

a road map to success<br />

Why Companies Need a Strategic Consultant<br />

In order for a business to thrive, there needs to be a road map to success – a strategic plan<br />

helping to provide direction and focus for a company and its employees. Such a plan points<br />

to specific results that aim to be achieved, establishes a course of action for achieving them<br />

and helps various units within an organization work together to support common goals.<br />

But a strategic plan without successful execution is<br />

meaningless. Guiding myriad companies – from manufacturing<br />

to aerospace to software – in the development<br />

and fulfillment of carefully curated plans is the Upland,<br />

CA-based consultancy known as Group 50. “We work<br />

with companies who are making major strategic changes<br />

and help them align their organization with those changes,<br />

integrate them throughout the company and optimize the<br />

end result,” CEO James Gitney told “The Suit.”<br />

After working for some three decades at a number of Fortune<br />

500 companies such as General Electric, Black & Decker<br />

and Sunbeam, Gitney launched Group 50 in 2003. Behind<br />

the firm’s success are Gitney’s strengths, such as working<br />

with global boards, business owners and executives to develop<br />

effective business plans and then implementing strategies<br />

resulting in cost reductions, improved productivity<br />

and ultimately – growth.<br />

“We are comprised of a highly qualified group of individuals<br />

who have spent numerous years working in corporate<br />

America. Yet all can also successfully work as consultants,”<br />

Gitney explained. “That’s sets us apart from other consultancy<br />

firms.”<br />

Group 50’s focus is on successful execution involving a<br />

company’s entire crew. “CEOs don’t make a company successful.<br />

It’s the team working under the CEO that’s responsible<br />

for most successes,” Gitney shared. “Our approach is<br />

to help them move away from what feels comfortable and<br />

to rely on objectives as a basis for deciding subsequent and<br />

future moves. As we work on projects, we insist on engagement<br />

and continuous feedback from clients.”<br />

To be sure, one leading cause of business failure is not<br />

having a well-implemented strategic plan in place. With little<br />

idea of where it’s headed, a business will flounder, priorities<br />

can wander and employees may become confused<br />

about the purpose of their jobs. And the real key is seeing<br />

strategic plans through.<br />

If you don’t know for a fact that you are maximizing the<br />

potential of your business, that you are getting the most value<br />

out of your employees and that you are staying one step<br />

ahead of the competition, then you need Group 50.<br />

Group50® Consulting<br />

2576 Euclid Crescent East<br />

Upland, CA 91784<br />

www.group50.com<br />

THE SUIT MAGAZINE - DEC / JAN 2014


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electronic records, plus the fact it is<br />

also requiring new coding procedures<br />

means that a lot of medical facilities<br />

and hospitals potentially have a major<br />

problem on their hands,” Schacter<br />

explained. Even before Obamacare,<br />

Schacter said that medical coding was<br />

a challenge.<br />

“Medical professionals already were<br />

not very good with the old system,” he<br />

said. “It is going to take a lot more organization<br />

by medical professionals in<br />

order to get their reimbursements.”<br />

Schacter also anticipates that consumers<br />

– medical patients – will experience<br />

inaccurate billing due to<br />

Obamacare mix-ups. Although he recognizes<br />

that his industry may not be<br />

perceived as consumer friendly by the<br />

general public, he begs to differ on that<br />

aspect. Schacter is very active in consumer<br />

protection efforts and has taken<br />

proactive steps, including offering a<br />

sizable library of information aimed at<br />

consumer financial education – including<br />

several do-it-yourself calculators –<br />

on his firm’s website.<br />

“We view ourselves as a consumer-friendly<br />

firm,” Schacter said, noting<br />

that he’s adding even more consumer-oriented<br />

information, such as links<br />

to consumer protection agencies. He<br />

is also keeping a watchful eye on the<br />

activities of the Federal Consumer Financial<br />

Protection Bureau created in<br />

2010 by the Dodd-Frank Wall Street<br />

Reform and Consumer Protection Act.<br />

The agency, which had its first director<br />

in 2012, is still ramping up its involveby<br />

a. marie velthuizen<br />

A Receivables Expert Interested<br />

An Obamacare requirement prohibiting<br />

hospitals from “engaging<br />

in extraordinary collection<br />

practices” may end up being a hard pill<br />

for professionals in the medical receivables<br />

industry to swallow. So asserts<br />

Stacey Schacter, chief executive officer<br />

of Vion Receivables Investments,<br />

headquartered in Atlanta, GA. Medical<br />

receivables are one of his firm’s current<br />

specialties. Vion purchases all types of<br />

assets and debts – good, bad, performing<br />

or non-performing – for either collection<br />

or reinvestment.<br />

“It is a defined term. What that<br />

means is hospitals can no longer report<br />

certain medical debt to credit bureaus,”<br />

Schacter explained. This leaves<br />

a fairly effective tool sitting unused in<br />

the bottom drawer of the collection industry<br />

tool box.<br />

Under the Patient Protection and<br />

Affordable Care Act, better known as<br />

Obamacare, hospitals and other medical<br />

facilities are required to “qualify”<br />

patients for medical assistance plans.<br />

If the patient qualifies but still has an<br />

outstanding balance he or she is unable<br />

to pay, the hospital cannot turn<br />

that amount over for collection. This<br />

potential inability represents a significant<br />

change in standard collection procedures.<br />

This may also be the catalyst for<br />

other relatively natural reactions to<br />

changes brought on by Obamacare –<br />

the development of new career fields.<br />

Even though many hospitals and<br />

other medical care facilities already<br />

have social workers to guide patients<br />

through the financial maze associated<br />

with health care, the implementation<br />

of additional Obamacare requirements<br />

is likely to bring on increased specialization<br />

for professionals currently in<br />

the field. This, along with potentially<br />

larger workloads equals the need for<br />

more personnel.<br />

Schacter also sees Obamacare as being<br />

the spark for a massive upswing in<br />

medical coding jobs, as different and<br />

more specific coding requirements become<br />

standard operating procedure.<br />

The federal law – still struggling toward<br />

implementation – marches forward<br />

with new coding requirements,<br />

by 2015 adding to that the establishment<br />

and maintenance of mandatory<br />

electronic medical records.<br />

“I certainly am no expert on<br />

Obamacare, but the requirement of<br />

THE SUIT MAGAZINE - DEC / JAN 2014


in Consumer Protection<br />

ment at the intersection of the financial<br />

industry and the protection of consumer<br />

rights.<br />

According to Schacter, so, far the<br />

agency’s message has not been cohesive.<br />

“The CFPB requires financial institutions<br />

to be transparent – but the CFPB<br />

itself is not transparent,” he said. “We<br />

are really looking for it to be our partner<br />

and help us understand what they<br />

are looking for when they come for<br />

an examination and what they expect<br />

from a compliance perspective, but the<br />

guidance they have given to date is<br />

vague and relatively opaque.”<br />

What is clear for Schacter is that he<br />

found himself in the right spot at what<br />

turned out to be the right time for him,<br />

even though it was a relatively bad time<br />

for most other financial specialists.<br />

In 1999, one of his large clients made<br />

him an offer Schacter couldn’t refuse:<br />

to become General Counsel for the<br />

company. He jokes that he went over<br />

to the “dark side” after being promoted<br />

again, this time from the lead attorney<br />

position to CEO. Eight years later,<br />

the big crash in 2007 happened and it<br />

prepared him for what he does now in<br />

ways he never expected.<br />

After the Wall Street crash, Schacter<br />

said that he was fortunate to hook up<br />

immediately with a private equity<br />

group and begin doing something he<br />

always dreamed about: to design and<br />

build a company the way he wanted to<br />

do it.<br />

“I used what I had learned as an attorney<br />

and as an executive to build<br />

something unique and beneficial at a<br />

particularly opportune time for that<br />

sector of the market,” Schacter explained.<br />

“And that was the start of<br />

Vion.” Despite the market collapse, the<br />

timing couldn’t have been better. “We<br />

had capital while everybody else was<br />

sitting on the sidelines,” he said. “That<br />

really allowed us to jumpstart the business<br />

at a time when liquidity was desperately<br />

needed.”<br />

Today Schacter works with businesses<br />

to free up capital that could be put to<br />

a better use if it were not tied up. They<br />

don’t necessarily have to be distressed<br />

– although many are. Often, it isn’t the<br />

business itself that is challenged, but<br />

the type of receivables. The business itself<br />

may simply be ill-equipped to handle<br />

those accounts.<br />

“Our business is one of acquisition<br />

of financial assets,” Schacter explained.<br />

“We are looking for clients for whom<br />

we can provide a higher and better use<br />

of their capital,” he said. “Many times,<br />

assets or liabilities are no longer a strategic<br />

fit for a business. We can help.”<br />

400 Interstate North Parkway<br />

Suite 800 Atlanta, GA 30339<br />

877.845.5242<br />

www.vioninv.com<br />

For more information regarding Vion, visit:<br />

www.vioninv.com<br />

For information regarding the CFPB, visit:<br />

www.consumerfinance.gov<br />

THE SUIT MAGAZINE p.37


Renting Your Way to Home Ownership<br />

In the wake of the recession and mortgage<br />

foreclosure crisis, those with a<br />

credit score in the 600s have found<br />

it difficult to get a home loan. As credit<br />

scores drop, so do the chances of getting<br />

financial help. With the US average credit<br />

rating at 687 – and many states scoring<br />

lower – the American dream of owning a home has become<br />

unattainable for many.<br />

Jaspreet Singh, principal owner and founder of Michigan-based<br />

MetroWay Properties LLC, recognized that this<br />

dream was being lost and took action. At the time, he was<br />

investing in distressed properties, and realized that he did<br />

enjoy his work as well. Singh started MetroWay Properties,<br />

in the process discovering an entirely different way to help<br />

people get into homes.<br />

This popular program he calls Rent-to-Own – and it benefits<br />

both the buyer and seller.<br />

The buyer is offered a locked price, with a term up to 24<br />

months. The traditional security deposit instead becomes a<br />

down payment on the property, set at 3-7 percent of the full<br />

purchase price. This payment ensures that the renter will be<br />

the only potential buyer of the property. “We also work with<br />

credit repair companies to insure purchasers get the right<br />

BY TRAVIS TAYLOR<br />

loans,” Singh explained.<br />

But even with the Rent-to-Own program, Singh noted that<br />

potential clients must still be able to qualify for a loan.<br />

“What that means is each of our clients needs to have a<br />

good job,” Singh said. “They need to have stable jobs, making<br />

enough income to support a mortgage for purchasing<br />

the home. They need to have good backgrounds.”<br />

Singh also uses his experience with distressed properties<br />

to make acquisitions that he can match up with his clients.<br />

“Being able to find distressed properties at the right time<br />

[has been our greatest success],” said Singh and this strategy<br />

has worked well for him. Singh said he has been lucky<br />

enough to find great deals, getting to them before real estate<br />

investors.<br />

With eyes facing forward, Singh plans to take on a larger<br />

role in redeveloping Detroit – to help make the city great<br />

once again.<br />

MAXELE ADVISORS PROMISE UNDIVIDED<br />

LOYALTY TO THEIR CLIENTS<br />

In the wake of a slow economic recovery,<br />

continuing congressional<br />

gridlock and unprecedented Federal<br />

Reserve stimulus, principal and<br />

founder of Maxele Advisors, Registered<br />

Investment Advisor Steve<br />

Erken, has certainly been privy to<br />

the mumblings of those panicky investors<br />

who say “sell everything.”<br />

“The economy continues to improve,”<br />

says Erken, adding that the<br />

market shows no immediate signs<br />

that this uptrend will end anytime soon. But, he still estimates<br />

there’s enough uncertainty left to proceed cautiously.<br />

Evidence whether this economy can stand on its own and<br />

if its recovery is real, he says, “That data- sustainable economic<br />

growth with manageable inflation - is going to be a<br />

huge deal but it’s not the focus of today – it’s coming later.”<br />

Nonetheless, Maxele stays the course in the way they<br />

do things, especially in earning a client’s trust by providing<br />

a fiduciary standard of care to clients. “Everything we do is<br />

customized, so we get a clear understanding of the client’s<br />

short and long term goals, investment capital and emotional<br />

attitude towards risk,” Erken remarked.<br />

According to Maxele’s strategy, if a good financial plan is<br />

put together initially, its framework should stand up, fitting<br />

in well with the always-changing economic landscape. By<br />

BY RICH MONETTI<br />

reviewing with the client Erken says, “We try not to have<br />

any surprises. We provide a lot of communication about<br />

where they stand in terms of assets versus the consumption<br />

rate, and we are of the philosophy that our job is to give options<br />

and feedback. The client is the one who decides if they<br />

want to make changes in their lifestyle.”<br />

Predominantly serving those 60 and over, Erken’s advice<br />

is projected realistically against the perception that a number<br />

of clients may likely live into their 90s. Although, not<br />

having had anyone unexpectedly run out of money across<br />

his long career, Erken can report many clients are relenting<br />

to the fact of living longer. However, “We’re finding people<br />

wanting to take more longevity risk versus principal risk in<br />

their portfolios,” he said.<br />

Either way, Erken’s counsel is never biased by outside<br />

sources such as broker-dealers or insurance companies.<br />

“Undivided loyalty to our clients – fee for advice and service,”<br />

is Maxele’s maxim.<br />

www.maxeleadvisors.com<br />

THE SUIT MAGAZINE - DEC / JAN 2014


y judy magness<br />

Cybercriminals Shake<br />

Up Insurance Industry<br />

“Data breach coverage<br />

– or cyber-liability<br />

coverage – is<br />

the Wild West of<br />

insurance coverage<br />

these days,” said<br />

Phil Galbraith, president<br />

of Capitol Risk<br />

Solutions. “Policies<br />

vary greatly among<br />

insurance companies<br />

due to a lack of standardization.”<br />

Protecting your Capital<br />

with Capitol Solutions...<br />

www.capitolrisksolutions.com<br />

The medical community is a<br />

prime target for cybercriminals<br />

who want the valuable<br />

information that is commonly<br />

collected within the healthcare<br />

industry – including names, addresses,<br />

social security numbers, credit card numbers<br />

– and other private data. “Someone<br />

who breaches a medical organization<br />

can get a lot of information in one spot,”<br />

Galbraith said, suggesting that outside of<br />

professional liability, this is probably a<br />

medical firm’s single largest liability.<br />

Compounding the problem for medical<br />

providers is that currently, data breach<br />

laws are set at the state level. If a company<br />

gets breached, depending on where it<br />

is located, it could be subject to different<br />

statutes in every state where patients live.<br />

“Practices in the D.C, Maryland and Virginia<br />

areas that have patients coming in<br />

from all those regions could be subject to<br />

the laws of all those jurisdictions,” said<br />

Galbraith, adding that law firms also face<br />

this same liability. “Data breach is absolutely<br />

the single fastest growing area of<br />

risk and probably the most overlooked<br />

area in insurance these days.”<br />

While the Internet has increased opportunities<br />

for the bad guys, it is also helping<br />

the good guys fight the good fight – and<br />

win. Social media is having a positive<br />

impact on combating workers’ compensation<br />

abuse, for instance. According to<br />

Galbraith, “Research suggests workers’<br />

compensation fraud increases during recessionary<br />

times or troubled economic<br />

times.” With the impact of the economic<br />

downturn over the last five years, insurance<br />

companies have been on high alert<br />

and are proactively fending off crime.<br />

“Now insurance companies are becoming<br />

more sophisticated by using social<br />

media and other means to ascertain<br />

whether a claimant who has been off the<br />

job for a while is truly still injured,” said<br />

Galbraith, suggesting that photos posted<br />

on a Facebook page may provide very<br />

useful evidence to combat fraudulent<br />

claims. “Social media is a less expensive<br />

way for insurance companies to determine<br />

that status as opposed to sending<br />

out investigators. The benefit to society is<br />

that the less money companies pay out in<br />

fraudulent claims, the more control they<br />

can have to keep costs down.”<br />

With over 25 years of experience in<br />

the business insurance field as a company<br />

underwriter, a salesperson, a national<br />

award-winning marketing manager and<br />

now as agency owner of Capitol Risk<br />

Solutions, Galbraith is well-suited to provide<br />

a very wide range of risk management<br />

advice to his clients. “Insurance is a<br />

commoditized product in so many ways<br />

– the difference is the agent,” said Galbraith.<br />

He appreciates those clients who<br />

respect and value the different type of service<br />

he delivers. “I learn my clients’ businesses,<br />

and build trust and confidence so<br />

they are secure in the fact that I will craft<br />

their coverage in the best way to fit their<br />

particular circumstances and needs.”<br />

THE SUIT MAGAZINE p.39


y a. marie velthuizen<br />

VALUING PR<strong>OF</strong>ES<br />

With an increase in the number of older Americans either<br />

remaining in or returning to the workplace, financial<br />

advisers such as Herb White of Life Certain Wealth<br />

Strategies are actively seeking solutions for balancing<br />

the implications that working will have on each client’s<br />

Social Security and Medicare benefits.<br />

According to the<br />

National Council<br />

on Aging, 27.1<br />

million Americans<br />

ages 55 and over were<br />

employed, with another<br />

1.9 million actively seeking<br />

work. In 2009, this was<br />

19 percent of the American<br />

workforce – a 7 percent<br />

jump from 1999, when older<br />

workers accounted for only<br />

12 percent. Older workers<br />

represent a significant shift<br />

that must be accounted for<br />

in retirement planning.<br />

“One of the biggest issues<br />

we look at for our older clients<br />

is the role Medicare<br />

plays in their financial situations,”<br />

White said. “Lots of<br />

people rely on it for health<br />

care in retirement.”<br />

Yet, if they’ve gone back<br />

to or remain at work during<br />

Medicare-eligible years, the<br />

program’s rate policies can<br />

complicate what might already<br />

be a tight financial<br />

situation for those living<br />

on fixed incomes. Medicare<br />

uses the income from the<br />

previous two years to determine<br />

the rate structure<br />

for those eligible. If older<br />

Americans work for a year<br />

or so, the additional income<br />

could alter their ability to<br />

secure less expensive health<br />

coverage.<br />

According to White, it’s<br />

just one among many financial<br />

pitfalls that retirement-age<br />

Americans need<br />

to avoid to ensure adequate<br />

resources for their golden<br />

years. Unfortunately, one<br />

of the most common trouble<br />

spots comes from within<br />

his own industry. There<br />

are over-simplified financial<br />

products on the market<br />

touted as “be all/end all”<br />

tools for securing future income.<br />

“Some of the information<br />

out there leads people to believe<br />

their problems can be<br />

solved by some product,”<br />

White cautions. “They oversimplify<br />

retirement planning<br />

and cause a person to<br />

believe they do not need to<br />

come in to see an adviser.<br />

They end up believing they<br />

can just purchase this product<br />

… and it will address all<br />

of their needs.”<br />

White's caution is not<br />

without merit. He knows<br />

how difficult it can be to<br />

assess opportunities in a<br />

quickly-changing market<br />

overloaded with choices.<br />

That’s why he himself opts<br />

to outsource the task of evaluating<br />

the investment opportunities<br />

he puts in front<br />

of his clients.<br />

“It is a full-time job to<br />

do proper due diligence on<br />

the funds and investments<br />

that are out there – and<br />

we would be kidding ourselves<br />

if thought there was<br />

enough time during the day<br />

for those of us who interact<br />

with clients all throughout<br />

the day to then, in our spare<br />

time, be able to do all that<br />

is necessary to perform due<br />

diligence,” White said.<br />

That doesn’t mean White<br />

isn’t thorough. He carefully<br />

vets the firms he chooses for<br />

outsourcing.<br />

“We have to make the<br />

right decisions – including<br />

the decision as to outsourcing.<br />

Even though we delegate<br />

this due diligence to<br />

them, at the end of the day,<br />

it still falls upon us,” he explained.<br />

White noted that this<br />

sense of confidence in the<br />

investment opportunities<br />

he presents to clients is a<br />

crucial element for Life Certain<br />

clients – most of whom<br />

come to White and his firm<br />

within five years of retirement.<br />

“We find smart ways for<br />

them to continue the lifestyle<br />

they have become accustomed<br />

to. We are doing<br />

THE SUIT MAGAZINE - DEC / JAN 2014


SIONAL ADVICE<br />

that by helping them make<br />

smart decisions regarding<br />

the assets they have invested<br />

in and how they can<br />

draw income from those<br />

investments,” White said.<br />

This includes learning to<br />

negotiate risk. He talks to<br />

clients at a basic level to understand<br />

what the client is<br />

trying to accomplish. “Once<br />

we understand that, then we<br />

can talk about a way to get<br />

where (the client) is trying<br />

to go,” directs White.<br />

During that initial client<br />

meeting, White or one of his<br />

associates can explain the<br />

comprehensive approach<br />

Life Certain takes in managing<br />

all aspects of financial<br />

needs.<br />

“Our greatest challenge is<br />

trying to articulate what exactly<br />

it is that we do, to people<br />

who think they can go<br />

it alone,” White said. “Our<br />

greatest success is the fact<br />

that we have been able to<br />

attract more and more people<br />

each year who see the<br />

importance of how we work<br />

and the value proposition<br />

we offer. More and more<br />

people are embracing the<br />

idea that they need to engage<br />

a professional.” Since<br />

White founded the firm in<br />

2002, this has been the primary<br />

guiding principle<br />

of Life Certain<br />

Wealth Strategies.<br />

Said White of his<br />

transition from a<br />

transactional-based<br />

career to an advisory-focused<br />

approach,<br />

“I was looking more<br />

toward offering advice and<br />

solutions rather than selling<br />

a product.”<br />

www.lifecertain.com<br />

THE SUIT MAGAZINE p.41


y diane e. alter<br />

HELPING THE UNDERDOG OVERACHIEVE<br />

Middle market companies<br />

across the country have come<br />

to rely on Axiom’s expertise,<br />

partnership, and integrity.<br />

The good news coming out<br />

of the investment banking<br />

world is that there is no<br />

shortage of funds for financing.<br />

The not-so-good news is that<br />

there is a substantial lack of deals.<br />

“Banks are well capitalized and I<br />

can always get funding,” Axiom<br />

Capital Group founder and partner<br />

Zack Farahmand, told “The<br />

Suit.” “What I can’t always find<br />

are the deals.”<br />

You could blame the snail’s<br />

pace of the current economic<br />

recovery, Obamacare, new tax<br />

laws or even fears of a Fed tapering<br />

for the current lack of M&A<br />

deal flow, but at the end of the<br />

day investors are still left with<br />

available capital and nowhere to<br />

invest it. However, it has been<br />

in these types of economic environments<br />

that Farahmand has<br />

historically found success.<br />

“We find opportunities where<br />

others do not. When other<br />

firms are selling, we’re buying;<br />

when others are panicking we’re calmly strategizing. More<br />

often than not, we take a ‘contrarian’ viewpoint, we’re not<br />

afraid to roll up our sleeves when others won’t, or back the<br />

underdog in a fight: that is where we have found success,”<br />

he shared.<br />

Indeed, Farahmand has found success doing things<br />

his own way. A former investment banker at one of Wall<br />

Street’s elite institutions, Farahmand went off on his own<br />

and founded Boston-based Axiom Capital Group in 1995,<br />

amid an apparent need in the middle marketplace for<br />

high-quality, professional banking services. The company<br />

has grown since its inception in both breadth and reach.<br />

Services now also include direct investments as well as investment<br />

banking services in three primary areas: mergers<br />

and acquisitions, capital sourcing and turnaround services.<br />

In certain circumstances – depending on the size of an investment<br />

or transaction – Axiom may partner with a larger<br />

private equity partner.<br />

“We lend money, raise capital, help manage risk and extend<br />

liquidity,” Farahmand explained. “My perfect client is<br />

someone who wants to buy a company but lacks the funds<br />

(as is often the case with a company’s management team) or<br />

someone trying to keep a struggling company afloat. You<br />

see, I love helping the underdog win.”<br />

Axiom offers a winning combination of expert advice, innovative<br />

solutions, outstanding<br />

execution and comprehensive<br />

access to the world’s capital markets.<br />

The firm has invested in or<br />

represented companies across a<br />

wide spectrum of industries including<br />

retail, restaurants, waste<br />

management, manufacturing, healthcare, distribution and<br />

real estate. “We have to understand an organization before<br />

investing in them or representing them, and they have to<br />

have a viable product and committed management team. I<br />

am investing my fund’s money, so I need to believe in the<br />

company and do my due diligence,” Farahmand detailed.<br />

Sensitive to the goals and requirements of the seller –<br />

while also ensuring that the buyer walks away knowing he<br />

got a great deal – Axiom has garnered a stellar reputation in<br />

the industry. Farahmand insisted, “I have built and maintained<br />

the firm around trust and integrity. That is, and has<br />

always been, our mission. We have a great track record and<br />

we treat people well.”<br />

An axiom is defined as a starting point of reasoning. In<br />

other words it’s a premise so evident that it is accepted as<br />

true without controversy. Farahmand exemplifies the axiom<br />

attributed to Winston Churchill “A pessimist sees the<br />

difficulty in every opportunity; an optimist sees the opportunity<br />

in every difficulty.”<br />

www.axiomcapitalgroup.com<br />

THE SUIT MAGAZINE - DEC / JAN 2014


Friendship for Successful Investment Advice<br />

The work of advising<br />

clients regarding<br />

their financial<br />

decisions is more than<br />

just business as usual<br />

for Tom Mantling. As<br />

the owner of Synthesis<br />

Advisors in East Greenwich,<br />

RI; Manning said<br />

he views his clients as<br />

good friends. He believes the level of service he should<br />

provide goes well beyond quarterly calls and newsletters.<br />

Instead, he wants to develop the kind of relationship that<br />

makes him a partner with his clients in formulating their<br />

future financial plans.<br />

“I want to know everything that is going on with them,”<br />

Manning emphasized.<br />

“When you have that kind of relationship<br />

with your clients, you can talk<br />

honestly with them about living for today<br />

and planning for tomorrow,”<br />

there is always something<br />

else going on.<br />

But when you have a<br />

serious enough client<br />

and a strong friendship,<br />

you have the ability to<br />

make a significant difference.”<br />

Manning has worked in the financial sector for the bulk<br />

of his career, starting out as an accountant and then working<br />

in the banking industry doing mortgages, construction<br />

loans and workouts for small and medium businesses. The<br />

clientele for his investment advising firm came from contacts<br />

made in banking, during his tenure as the director of<br />

a credit union and from his work in the non-profit sector.<br />

“I love business people,” Manning said. “I have been<br />

around them all my life and I do tend to gravitate toward<br />

people who own their own businesses and need solid, objective<br />

financial advice especially during the era of deleveraging<br />

and quantitative easing.”<br />

www.synthesisadvising.com<br />

Manning said. “That is the philosophy you want to have.<br />

Planning is the hardest thing in the world to do because<br />

LOOKING OUT FOR THE GREEN INDUSTRY<br />

There is something to be said for growing a business<br />

organically. Just ask the Golden Oak family of companies<br />

who have sprouted new businesses over the<br />

last 25 years. Family members now include the Golden Oak<br />

Co-op Corporation, Birch Financial, Inc., Landscape Contractors<br />

Insurance Services, Inc. (LCIS) and Oak Creek Insurance<br />

Agency, a division of LCIS. Nurturing their growth<br />

has been Nelson Colvin, who serves as president and CEO<br />

of both LCIS and Birch Financial, Inc. “We serve the green<br />

industry – which includes landscaping, tree companies and<br />

the sub-contractors for those companies – by providing a<br />

well-rounded group of services, including our insurance<br />

program through LCIS, which has over 2,000 members,”<br />

said Colvin.<br />

LCIS is the largest independent insurance<br />

broker in the western part of the country<br />

for landscapers, tree trimmers and nurseries.<br />

Currently licensed in 22 states,<br />

plans for expanding nationwide<br />

are underway. Birch Financial<br />

offers premium financing to<br />

landscape contractors who are<br />

insured by LCIS, and also has<br />

an equipment Ffinanceing division<br />

providing business financing for both new and used vehicles<br />

and equipment like mowers, tractors, and trenchers.<br />

Rounding out the suite of services is Oak Creek Insurance,<br />

offering personal insurance from nationwide carriers to<br />

commercial customers of LCIS and others, including auto,<br />

home, group health and life insurance benefits. Golden Oak<br />

also partners with State Compensation Insurance Fund to<br />

provide a group Workers’ Compensation program.<br />

Under Colvin’s watch, this family of companies has been<br />

thriving. LCIS has returned over $40 million in rebates to its<br />

customers since 1990. Birch Financial Equipment Financing<br />

has made over $5 million in loans for new and used equipment<br />

since 2000, and Golden Oak Cooperative Corporation<br />

has distributed over $450,000 in equity shares to retired<br />

members.<br />

As a licensed landscape contractor and past President of<br />

the California Landscape Contractors Association, Colvin is<br />

the recipient of several industry awards and in 2010, was<br />

inducted into the Green Industry Hall of Fame.<br />

www.oakcreek-ins.com<br />

THE SUIT MAGAZINE p.43


y diane e. alter<br />

Offering Financial Advice – Not Products<br />

Real Financial Advice for Serious People<br />

Few investors understand<br />

how their financial<br />

adviser gets<br />

paid – a conundrum that<br />

could ultimately cost them<br />

plenty. When an investor<br />

doesn’t understand how<br />

much they’re actually paying<br />

in fees and expenses,<br />

when their adviser keeps<br />

skirting the issue, or when<br />

an adviser constantly pushes<br />

products, it’s high time to<br />

consider switching to another<br />

adviser.<br />

“I started The Fieldstone<br />

Financial Management<br />

Group when I saw the need<br />

in the investment management<br />

environment to offer<br />

clients objective advice – not<br />

products,” founder and<br />

President Kristofor Behn<br />

told “The Suit.”<br />

With roots dating back<br />

to 1965, Fieldstone is truly<br />

a pioneer in the fee-only<br />

business. The firm is one<br />

of the oldest, continuously<br />

operating fee-only financial<br />

planning and investment<br />

advisory firms in the United<br />

States and has received<br />

quite a number of accolades.<br />

Fieldstone has appeared in<br />

“Forbes Magazine” for being<br />

named one of the Top<br />

10 Most Dependable Advisers<br />

in the Northeast and<br />

Mid-Atlantic. And, the firm<br />

has been recognized by<br />

“Bloomberg Wealth Magazine”<br />

as one of the Top 150<br />

Wealth Managers in the US<br />

every year since the magazine<br />

began ranking advisers.<br />

“We’ve been growing the<br />

practice organically,” Behn<br />

explained. Indeed, since<br />

2000, Fieldstone has completed<br />

six acquisitions and<br />

the firm has client service<br />

locations nationwide. “Unlike<br />

many advisory firms,<br />

we don’t look solely at an<br />

individual’s net worth. We<br />

look for those we can have a<br />

good impact on. We look for<br />

clients who have great potential<br />

and that are willing<br />

to be coached and guided<br />

in a process that will yield<br />

rewards and profits,” Behn<br />

detailed.<br />

After reviewing a prioritized<br />

list of goals, Fieldstone<br />

builds service offerings<br />

around reaching them and<br />

then puts a plan of action in<br />

place to help each client ultimately<br />

achieve those goals.<br />

“Ours is a relationship-oriented<br />

business, so<br />

we start by truly<br />

getting to know<br />

clients,”<br />

- Behn shared.<br />

Services include comprehensive<br />

financial planning,<br />

investment advisory services<br />

and tax return preparation.<br />

The team is a highly<br />

qualified mix of professionals<br />

with decades of financial<br />

industry experience. Behn<br />

emphasized, “The key to<br />

building a successful firm<br />

is to surround yourself with<br />

good people. Retention is<br />

also important. Loyalty and<br />

experience provides invaluable<br />

stability.”<br />

Behn describes the firm<br />

as conservative, seeking<br />

risk-adjusted returns wherever<br />

they might be. “You<br />

have to be prepared for<br />

opportunities when they<br />

present themselves. That<br />

has always been our strong<br />

suit. For example, you have<br />

to embrace environments<br />

where there is growth. We<br />

presently see that in emerging<br />

markets. We approach<br />

risk with open eyes and<br />

monitor it very closely. ‘Realistic’<br />

is actually the better<br />

word to describe Fieldstone.”<br />

To be sure, today’s seemingly<br />

unstoppable equity<br />

markets call for serious reality<br />

checks.<br />

www.fieldstonefinancial.com<br />

THE SUIT MAGAZINE - DEC / JAN 2014


VION Receivable Investments, headquartered in<br />

Atlanta, Georgia, is an international provider of<br />

receivable investment services to businesses<br />

managing consumer and commercial receivables.<br />

VION provides a single, comprehensive source of<br />

expertise in commercial receivable factoring and<br />

consumer receivable purchasing, valuations, and<br />

process consulting.<br />

VION Receivable Investments<br />

400 Interstate North Parkway<br />

Suite 800<br />

Atlanta, GA 30339<br />

877.845.5242 phone<br />

678.815.1557 fax<br />

Mesquite Corporate Center<br />

14646 N. Kierland Blvd.<br />

Suite 122<br />

Scottsdale, AZ 85254<br />

480.729.6419 phone<br />

866.260.1826 fax<br />

123 North College Avenue<br />

Suite 210B<br />

Fort Collins, CO 80524<br />

877.845.5242 phone<br />

970.672.8714 fax<br />

11921 Freedom Drive<br />

Suite 550<br />

Reston, VA 20190<br />

703.736.8336 phone<br />

VION Advisory Services<br />

18017 Chatsworth Street<br />

Suite 28<br />

Granada Hills, CA 91344<br />

818.216.9882 phone<br />

818.891.8738 fax<br />

VION Europa<br />

Paseo de la Castellana 95-15<br />

(Torre Europa)<br />

Madrid 28046<br />

Espanha<br />

+34 91 418 50 88 phone<br />

www.vioneuropa.es<br />

RECEIV ABLE INVESTMENTS<br />

Atlanta • Phoenix • Fort Collins • Reston • Los Angeles • Madrid


y a marie zelthuizen<br />

No Loose Standards Keeps Lending Tidy<br />

He didn’t allow the use of the kind of loose credit<br />

standards that led to the 2007 through 2009 housing<br />

debacle. That’s why Rick Arvielo, chief executive<br />

officer of New American Funding in Tustin, California,<br />

hasn’t felt the immense stress other<br />

financiers have experienced in the<br />

rough-and-tumble corporate world.<br />

But that doesn’t mean Arvielo isn’t<br />

empathetic. He is – especially to the<br />

home owners who lost homes during<br />

the crisis and were left with badly<br />

marred credit reports to boot.<br />

He’s concerned regarding the impact new lending requirements<br />

will have on already stressed buyers. On October<br />

15, 2013, the U.S. Department of Housing and Urban<br />

Development which oversees the Federal Housing Authority<br />

– a major guarantor of housing loans for those with limited<br />

down payments – announced a major change to its credit<br />

standards. Collection accounts and judgments are now<br />

going to be added to an applicant’s debt-to-income ratio.<br />

Furthermore, beginning Jan. 1, 2014, reforms set forth by<br />

the Consumer Financial Protection Bureau, created by the<br />

Dodd-Frank Wall Street Reform and Consumer Protection<br />

Act of 2010, mandate that applicants with a debt-to-income<br />

ratio of 43 percent or higher are not eligible for loans under<br />

the Ability-to-Repay rule and that the cost of<br />

loan origination and other associated fees can<br />

no longer exceed three percent of the property<br />

being purchased.<br />

“This will have a grave impact on a lot of the<br />

Rick & Patty Arvielo<br />

Named on MPA’s Hot 100 List<br />

people who were disproportionately hurt before,” Arvielo<br />

said.<br />

He describes the housing debacle as being the case of a<br />

pendulum swinging too far in each direction. “Clearly the<br />

standards that created the crisis needed correction,” he<br />

said. Unfortunately, in making the necessary adjustments,<br />

Arvielo fears the pendulum isn’t finished swinging too far<br />

to the other end. In its path are potential homeowners who<br />

were knocked off track once five years ago and most likely<br />

will be pushed aside again as regulators continue to tighten<br />

standards.<br />

Yet, Arvielo remains optimistic regarding the 2014 housing<br />

finance market.<br />

The presence of all-cash buyers is dwindling. When<br />

housing prices plummeted five years ago, it didn’t take too<br />

much savvy to know that cash-rich investors would gobble<br />

up as many distressed, low-priced homes as they could. It<br />

locked loan-dependent buyers out of much of the market.<br />

Yet since 2011, when housing prices rebounded marginally,<br />

Arvielo said that the bulk of all-cash buyers left the market.<br />

This trend continues today.<br />

He also sees some hope in recent moves by the Federal<br />

Housing Authority. In August 2013,<br />

it began granting displaced former<br />

home owners the ability to prove<br />

that their home loss was due to extenuating<br />

adverse personal financial<br />

conditions – such as job loss – that<br />

are no longer problems. The required<br />

waiting time has also been reduced<br />

from three years to just one.<br />

For now, Arvielo believes his firm is in line to take advantage<br />

of what is bound to be somewhat of an exodus from<br />

the traditional housing lenders. He notes that major banks<br />

have already reduced at least 10,000 positions in their mortgage<br />

origination divisions.<br />

“We are holding our own and actually gaining some market<br />

share,” he said. “Compliance with all the new regulations<br />

will be our biggest challenge for the next year.”<br />

14511 Myford Road, Suite 100<br />

Tustin, CA 92780<br />

(800) 450-2010<br />

www.newamericanfunding.com<br />

THE SUIT MAGAZINE - DEC / JAN 2014


y travis taylor<br />

Experience Pulls<br />

Ahead of Competition<br />

Arthur Solomon<br />

knows real estate<br />

investment.<br />

As president, chairman<br />

and CEO of DSF Group,<br />

Solomon has spent the<br />

past 14 years developing or acquiring<br />

an impressive $3 billion in real estate<br />

assets.<br />

“The last 14 years, we have kept<br />

growing the business successfully,”<br />

said Solomon, who founded the<br />

company with his son and two other<br />

partners. “We are now in our fourth<br />

real-estate fund. Each one has been<br />

larger than the preceding one.”<br />

Focused on the Washington D.C.,<br />

New York and Boston metro areas, the<br />

DSF Group – founded in 2000 – has established<br />

itself as a leader in real estate<br />

investment. In 2011, the National Association<br />

of Home Builders voted the<br />

company the best multi-family developer<br />

in the United States.<br />

It should come as no surprise that the<br />

DSF Group excels. Solomon himself<br />

has the kind of experience that most<br />

investors can only dream about. Before<br />

founding the company, he spent time<br />

as a senior partner at the investment<br />

house Lazard Frere. He was also the<br />

CFO of Fannie Mae and president and<br />

CEO of the Berkshire Group.<br />

In addition to experience, another<br />

key ingredient of DSF Group’s success<br />

is their ability to stay on track, to focus<br />

and to keep things simple. As a private<br />

real estate investment firm, their focus<br />

has been trained on commercial investment,<br />

specifically on urban, multi-rental<br />

properties.<br />

“We either develop them from the<br />

ground up or we buy existing ones<br />

and add value,” Solomon said. “We’re<br />

a value-added investor.”<br />

Every aspect of the investment is<br />

overseen by DSF Group – from site selection<br />

and design, to engineering and<br />

obtaining permits. A single construction<br />

company handles all of the building<br />

needs for DSF.<br />

The company focus remains on acquisition,<br />

finance and marketing. “We<br />

do the asset management,” said Solomon.<br />

“We oversee the property managers.<br />

And we are very involved in the<br />

marketing, both traditional marketing<br />

sources as a well as the use of very active<br />

and creative social media.” With<br />

the business planted in multi-family<br />

and apartments, the recession and its<br />

aftermath left Solomon and company<br />

relatively unscathed, despite other<br />

sections of the real estate world being<br />

trounced.<br />

During the worst of the recession,<br />

multi-family units had access to better<br />

financing through the government in<br />

the form of Fannie Mae. Multi-family<br />

units were not as affected by the economy<br />

as much, since they depended<br />

more on household formation.<br />

In contrast, the office sector needed<br />

white-collar job growth, retail needed<br />

consumer buying and hotels needed<br />

travel.<br />

The future continues to look bright<br />

for DSF Group. “We’re already seeing<br />

a slow recovery in real estate,” Solomon<br />

said. “It is already taking place.”<br />

With one of the best track records in<br />

the country, DSF Group will continue<br />

to focus on what they do best.<br />

With the business planted in<br />

multi-family and apartments, the recession<br />

and its aftermath left Solomon<br />

and company relatively unscathed,<br />

despite other sections of the real estate<br />

world being trounced.<br />

Awarded Multifamily<br />

Development Firm of<br />

the Year by National<br />

Association of Home<br />

Builders.<br />

www.thedsfgroup.com<br />

THE SUIT MAGAZINE p.47


the suit staff<br />

Invest Only After a<br />

Thorough Examination<br />

There is one thing Cary Cowan does in his business that has<br />

gone a long way toward settling the nerves of jittery investors.<br />

His clients never write their investment checks to his<br />

firm, Cowan Financial Group, Inc., based in St. Augustine, Florida.<br />

He has been in business for 43 years, and has been using that<br />

policy all along.<br />

“People are still leery,” Cowan said<br />

in reference to the financial meltdown<br />

that began in 2007 and continued<br />

through 2009. “The awareness is still<br />

out there. Yet in my situation, where<br />

their checks are not being made out<br />

to me and my company but instead to<br />

larger companies that are the custodians<br />

– it takes away a degree of uncertainty.<br />

When you meet with someone<br />

face-to-face and the check isn’t being<br />

written to you, it helps to allay some<br />

of the fears.”<br />

According to Cowan, addressing<br />

those fears is a good thing. Despite<br />

the challenges, there remain plenty<br />

of opportunities out there in a market<br />

featuring a much greater variety of investment<br />

tools for investors who are<br />

willing to use them and who are also<br />

willing to work through some strategic<br />

planning.<br />

In 2000, Cowan developed a six-step<br />

process indigenous to his firm called<br />

the Lifetime Financial Strategies Program.<br />

He later turned this process<br />

into a book, “The Lifetime Financial<br />

Strategies, a 21st Century Financial<br />

Planning Process,” featuring several<br />

case studies highlighting different investment<br />

approaches, including successes<br />

and failures, for new clients to<br />

review before he begins working with<br />

them.<br />

“I do an extensive interview with<br />

them to see if they fit the category we<br />

look for,” Cowan explained. “I let the<br />

client know up front what they are<br />

getting involved with before entering<br />

into any commitment with me.<br />

That involvement includes Cowan<br />

advising clients regarding equity sales<br />

and financial planning, which is the<br />

bulk of his daily work. He has insurance<br />

professionals – each specializing<br />

in various areas such as property, casualty,<br />

life, home, health and auto – to<br />

provide the firm’s clients with advice<br />

tailored for their specific situation.<br />

“We have everything at our client’s<br />

disposal in one spot,” Cowan said.<br />

With 37 financial services representatives<br />

working for his firm, Cowan<br />

already has a fairly extensive staff. Yet,<br />

for 2014, he’d like to add a few more<br />

employees to his firm. Hiring, Cowan<br />

admits, has actually been his greatest<br />

professional challenge. Coming up<br />

with financial solutions for his clients<br />

based on their current situations, the<br />

market and their future goals is much<br />

easier for him than finding the right<br />

person for each job within his firm.<br />

“It has been a trial and error situation,”<br />

he concedes. “It was tough until<br />

the 1990s, when I finally decided<br />

to hire talent specifically for each job<br />

rather than just have somebody fill a<br />

slot. I don’t believe that there really is<br />

a bad employee. I believe that often,<br />

I have put the wrong person in the<br />

wrong job.”<br />

He has corrected that issue via a<br />

profiling test during the employment<br />

process, identifying a candidate’s<br />

strengths and weaknesses not often<br />

found on a resume.<br />

“If we have a job that needs to be<br />

filled we try to find somebody who<br />

fits the criteria of that job rather than<br />

just hire somebody who looks good<br />

on paper,” he said. “We look deep<br />

down into their characteristics to see<br />

if this is the job they really want to do<br />

and are capable of doing.”<br />

*Securities and Investment Advisory Services<br />

offered through NEXT Financial Group, Inc.,<br />

Member FINRA/SIPC. Cowan Financial Group<br />

is not an affiliate of NEXT Financial Group, Inc.<br />

136 Malaga St<br />

St Augustine, FL 32084-3521<br />

Phone: 904-824-8147<br />

www.cowanfg.com<br />

THE SUIT MAGAZINE - DEC / JAN 2014


y travis taylor<br />

FINANCIAL PLANNING WITH HONESTY<br />

For Carina S. Diamond and SS&G Wealth Management,<br />

the goal has always been offering clients a holistic approach.<br />

With 11 years at the company, Diamond knows<br />

how to make things work.<br />

As Managing Director of SS&G Wealth Management,<br />

Diamond has seen business grow since she arrived.<br />

The reason is the honest service the company offers.<br />

“We look for people who want a more comprehensive approach,”<br />

said Diamond. “What that means is servicing clients<br />

proactively and reaching out<br />

to clients when we see a planning<br />

opportunity.”<br />

Diamond likes to see the company<br />

focus on risk management<br />

and client goals. Investments are<br />

important, but equally important<br />

is setting guidelines and limits<br />

for each client. She acknowledges<br />

that they don’t want clients to<br />

make investments without having<br />

backup money and plans. Financial<br />

planning and staying focused on long-term objectives<br />

are important to Diamond. This something that SS&G does<br />

for its clients.<br />

“I would be remiss if I didn’t find out about the client’s estate<br />

plan and insurance and needs for the family and health<br />

situations,” said Diamond. “If I didn’t ask these questions<br />

and just looked at investments, I could be missing some<br />

very important information.”<br />

The straightforward, all-in approach by Diamond and<br />

SS&G Wealth Management also means keeping the client<br />

well informed, with a clear understanding about<br />

what is happening. “My philosophy has always<br />

been that if something’s really complicated and I<br />

can’t understand it, I’m not going to try and sell it<br />

to one of my clients,” said Diamond.<br />

Another focus for Diamond has been the creation<br />

five years ago of “Flourish: Women and Wealth<br />

Management”, an initiative focusing on the financial<br />

needs of women. She created Flourish to help<br />

successful and intelligent women who are unsure<br />

about how to handle their finances.<br />

“What Flourish does is…provide seminars and<br />

events where women can gather in a comfortable<br />

environment and learn more about managing their<br />

finances,” Diamond said. These events are held in<br />

a social manner that is relaxed and inviting, with<br />

the goal of giving the women attending more financial<br />

confidence and literacy. Over the span of<br />

about five years, an estimated 700 women have<br />

been attended Flourish events.<br />

Diamond noted that SS&G’s greatest success has<br />

been building a strong team and a business that<br />

has continuity. Every employee is salaried, which<br />

places everyone on the same team. Multiple employees<br />

are versed on the same client so, should any unforeseen<br />

circumstances arise, there is more than one person<br />

who can step in immediately to help.<br />

By working together as a team for long term financial and<br />

health benefits for each<br />

“What Flourish does is…provide<br />

seminars and events where women<br />

can gather in a comfortable<br />

environment and learn more about<br />

managing their finances,”<br />

- said Diamond<br />

275 Springside Drive, Ste 250<br />

Akron, OH 44333 United States<br />

www.ssandgwealth.com<br />

client, both Diamond<br />

and SS&G have clearly<br />

stepped ahead of the<br />

rest of the pack.<br />

THE SUIT MAGAZINE p.49


the suit staff<br />

TAX SAVINGS<br />

REALIZED<br />

by Capturing Benefits of<br />

Detailed Engineering Analysis<br />

Building owners have a new<br />

opportunity to take advantage<br />

of tax savings in 2014 based<br />

on repairs under new guidelines<br />

recently issued by the Internal Revenue<br />

Service. It’s a move that Greg<br />

Bryant says his firm, Beford Cost<br />

Segregation based in Bedford, New<br />

Hampshire, is prepared to make on<br />

behalf of its clients. The new IRS<br />

regulations cover the deduction and<br />

capitalization of expenses due to acquisition,<br />

renovation, improvement<br />

or disposition of real estate.<br />

“It provides a significant opportunity<br />

to address the needs of those<br />

repairs that restore a building to its<br />

regular efficient operating condition,”<br />

explained Bryant, managing<br />

partner of Bedford.<br />

While the new regulations regarding<br />

repair tax savings become permanent<br />

in 2014, building owners can<br />

reach back to the 2012 and 2013 tax<br />

years for benefits based on repairs<br />

completed in those years. Repairs<br />

can include the testing, inspection<br />

and routine maintenance necessary<br />

to keep a property in operating condition.<br />

It takes a fair portion of expertise<br />

combining tax benefits with construction<br />

engineering analysis to<br />

meet the complicated requirements<br />

laid out by the IRS. That’s where<br />

Bedford enters the picture with its<br />

proprietary ReCap study aimed at<br />

identifying capitalized items and<br />

possibly reclassifying them as repairs.<br />

This can result in a significant<br />

tax deduction in the taxpayer’s favor.<br />

Cost segregation is another tool<br />

Bedford uses to find tax savings for<br />

its clients in the early years of owning<br />

a property. IRS rules mandate<br />

that commercial properties be depreciated<br />

over a period of 39 years<br />

and residential rental properties<br />

over a period of 27.5 years. This recovery<br />

period can be shortened with<br />

the support of a detailed engineering<br />

analysis called a cost segregation<br />

study, Bryant explained. It basically<br />

is a front-loading of depreciation<br />

giving building owners greater tax<br />

deductions in the early years of<br />

building ownership.<br />

On the surface, it sounds simple.<br />

Yet, as Bryant states, it simply isn’t.<br />

“It is always a challenge to look at<br />

a 100-page document submitted by<br />

the IRS and boil it down to plain English,”<br />

Bryant said. “Then to be able<br />

to explain the concept to a client and<br />

incorporate a strategy that is going<br />

to make sense for our clients. We are<br />

always vigilant to try to stay ahead<br />

of the curve and to try to interpret<br />

how these rulings coming down<br />

from the Service can be used to impact<br />

our clients in a positive way.”<br />

Bryant said his firm continues to<br />

accomplish this task for clients because<br />

he has surrounded himself<br />

with a team of highly-skilled experts.<br />

“I am probably the least educated<br />

person in our entire company,” he<br />

said with a bit of a chuckle. “I would<br />

say the identification of extremely<br />

talented people has been my greatest<br />

success in the industry.”<br />

www.bedfordteam.com<br />

THE SUIT MAGAZINE - DEC / JAN 2014


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y amy m. armstrong<br />

Singles and Doubles for Rounding<br />

the Financial Diamond<br />

One need look no further than<br />

popular investment advice<br />

columns published this fall<br />

in Forbes, Investopedia,<br />

U.S. News and World Report and the<br />

Wall Street Journal to recognize that<br />

today’s trend focuses on caution. Wall<br />

Street gurus continue to emphasize the<br />

benefits of “conservative” investing<br />

and that theme isn’t lost on investors<br />

working outside New York’s financial<br />

district.<br />

That’s why it’s always baseball season<br />

for Luis Raposo and his team of<br />

wealth advisers at ShorePoint Capital<br />

Partners, just outside of Boston in<br />

Stoughton, Mass. He likens the conservative<br />

nature of his firm’s approach<br />

regarding investing and financial management<br />

to that of a carefully-played<br />

baseball game. It might not feature<br />

many exciting home runs or thrilling<br />

sliding dives into home plate but his<br />

goal is to get his clients around the financial<br />

diamond, one base at a time.<br />

“We are trying to hit singles and<br />

doubles versus trying to hit home runs,<br />

which we think can lead to strikeouts<br />

much easier and more quickly than<br />

taking a conservative approach to<br />

investing,” Raposo explained. “We<br />

think the key is customized investment<br />

solutions that accomplish client<br />

financial goals, striving to take<br />

the least amount of risk necessary to<br />

meet their goals.”<br />

After the financial meltdown of<br />

2008 and 2009, Raposo sees the client’s<br />

need to minimize risk as one<br />

still lingering even five years later.<br />

The losses incurred then still sting.<br />

“We think that 2008 and 2009 – that<br />

great recession – had a profoundly<br />

negative impact on investor mood<br />

and sentiment. It is long lasting,”<br />

Raposo said. “Even now, as the investment<br />

market is hitting fresh new<br />

highs, investors are still more conservative<br />

than they probably have ever<br />

been and the fear of losing money is<br />

much more prevalent than is the reward<br />

of making money.”<br />

He doesn’t see this attitude changing<br />

soon, either. Too many unknowns<br />

remain, such as the overall dysfunction<br />

in Washington, D.C., and the<br />

anticipated higher taxes caused by<br />

Obamacare.<br />

The good news is that this general<br />

level of mistrust and questioning<br />

produces a field ripe for harvest by<br />

investment professionals who are<br />

willing to satisfy the emotional needs<br />

of jilted investors. It includes jumping<br />

on the bandwagon of investment<br />

professionals turning to third party<br />

custodians as a way to safeguard<br />

client accounts, a move made long<br />

ago by Raposo’s firm when he selected<br />

Charles Schwab – a leader in the<br />

custodial industry – as SharePoint’s<br />

partner.<br />

With the custodian sending separate<br />

statements, Raposo believes this<br />

gives the client a level of accountability<br />

necessary in today’s recovering<br />

market. The use of online account access<br />

gives clients an additional level<br />

of comfort.<br />

“They can see their accounts and<br />

we really believe this gives them the<br />

value of transparency of information<br />

and also lends itself to making them<br />

feel safer,” he said.<br />

Raposo and his team must be doing<br />

something right. Since opening<br />

its doors in 2010, ShorePoint has<br />

THE SUIT MAGAZINE - DEC / JAN 2014


grown more than 400 percent, aiming<br />

for another 25 percent in growth for<br />

2014. His firm is certainly grabbing the<br />

attention of Boston-area media. Last<br />

year, Boston Magazine named Shore-<br />

Point as a “2013 Five Star Wealth Manager”<br />

– an honor given only to the top<br />

four percent of wealth management<br />

professionals in the greater Boston<br />

metropolitan area. One of the award<br />

criteria includes high client retention<br />

rates at the one- and five-year marks.<br />

Building that kind of long-term relationship<br />

is exactly what Raposo seeks.<br />

“Our clients are looking for a conservative,<br />

common sense investment<br />

Shorepoint Capital Partners, LLC was<br />

named one of the 2013 Five Star Wealth<br />

Managers by Boston magazine and Five<br />

Star Professional. The Five Star award<br />

honors wealth managers of long-standing<br />

quality and professionalism.<br />

approach and want a long-term relationship.<br />

They are looking to replace<br />

cash flow in their retirement years or<br />

supplement income in the meantime,”<br />

Raposo explains. “We can make that<br />

happen.” He does so via a mixed bag<br />

of investments consisting of securities<br />

– including the increasingly popular<br />

exchange-traded funds or ETFs –<br />

bonds and dividend investing.Raposo<br />

recognizes that Congress continues<br />

to chip away at dividends by slowly<br />

but surely increasing applicable tax<br />

rates, but he still views them as a tremendous<br />

asset to any investor. In fact,<br />

he labels dividends as critical for providing<br />

income to baby boomers in an era<br />

when pensions are rapidly decreasing.<br />

“I do not think that dividend investing<br />

will lose its appeal,” Raposo said. He<br />

thinks the payouts will continue to supersede<br />

any additional taxation. “Dividend<br />

investing and dividend growth is here to<br />

stay and will continue to be an important<br />

component of client accounts – especially<br />

as they head into retirement.”<br />

He also sees a role for ETFs – even if it<br />

isn’t a leading role in a conservative portfolio.<br />

“There are some advantages to them.<br />

They are very low cost. There is transparency.<br />

You know exactly what is in each<br />

of those ETFs. Their liquidity rate in the<br />

market is unbeatable. You can trade them<br />

at any second,” he said. “The downside<br />

is that not all ETFs are created equal.<br />

There can be tracking errors. And they<br />

are not appropriate for all segments of<br />

the market.”<br />

Yet they represent another opportunity<br />

to be evaluated based on what is in the<br />

client’s best interest. That is also his approach<br />

to the ongoing debate about creating<br />

a uniform fiduciary standard governing<br />

all the various types of financial<br />

professionals under one national law.<br />

As a Registered Investment Adviser<br />

(RIA), Raposo registers with the Securities<br />

and Exchange Commission. His<br />

work is regulated by SEC guidelines,<br />

backed up by legal ramifications, so his<br />

professional standard is of a fiduciary<br />

nature already. Raposo pointed out that<br />

the brokerage industry does not have<br />

that same standard. It is self-monitored<br />

and regulated by the Financial Industry<br />

Regulatory Authority (FINRA).<br />

“I think the real question is what would<br />

this uniform standard look like and who<br />

would be the regulator,” Raposo indicated.<br />

“Our standard is more stringent.<br />

Anything moving away from that, we<br />

think will be negative for investors. Right<br />

now, the two different groups do not see<br />

eye-to-eye on this subject. There is a lot<br />

of work ahead of us to get to the point<br />

where there could be a uniform fiduciary<br />

standard.”<br />

Whatever happens, you can be sure<br />

that Raposo will continue to score for his<br />

clients.<br />

www.shorepointpartners.com<br />

THE SUIT MAGAZINE p.53


y diane alter<br />

Identifying and Managing<br />

Financial Risk<br />

When You Think You've Thought of Everything<br />

Risk is an unavoidable part of everyday<br />

life. Without question, travel is<br />

risky. But so is staying at home, where<br />

25% of all fatal accidents occur. Eating<br />

involves risk. Indeed, the foods we<br />

ingest play a big part in our chances of<br />

getting cancer, diabetes and a plethora<br />

of other ailments. According to the International<br />

Labor Organization, more<br />

than 2.3 million deaths per year are<br />

work-related, with the number of onthe-job<br />

accidents amounting to some<br />

316 million annually. Every day,<br />

some 6,300 people die as a result of<br />

occupational accidents or work-related<br />

diseases. And, even falling in love<br />

involves the risk of heartbreak.<br />

ARE YOU LOOKING FOR<br />

INDIVIDUALIZED INVESTMENT<br />

ADVICE?<br />

As the 2008 financial crisis so<br />

cruelly reminded investors,<br />

risk abounds in the investment<br />

world. “But that doesn’t mean<br />

people shouldn’t invest, nor does it<br />

mean they shouldn’t do something<br />

to try to reduce investment risk,”<br />

Guy-Robert Porter, Chief Portfolio<br />

Manager at Engineered Risk Advisory,<br />

told “The Suit.” “By using<br />

several strategies for risk management,<br />

we manage both market and<br />

liquidity risk.”<br />

Engineered Risk Advisory uses<br />

a little known source of returns<br />

called the “Volatility Premium” in<br />

order to add growth or protection.<br />

“Most retail investors and retail<br />

brokers can’t access the benefits of<br />

option transactions. The additional<br />

growth and protection available<br />

with options is tricky to capture,<br />

but there is a good deal of it out<br />

there,” Porter said.<br />

Engineered Risk Advisory uses<br />

a number of financial instruments<br />

to determine the risk existing in an<br />

investment and then handles those<br />

risks in a manner best suited to a<br />

client’s investment objective. “Our<br />

clients’ best interests are always<br />

at the forefront of everything we<br />

do. One of our goals is to educate<br />

them about dangerous but obscure<br />

market risks. For example, many<br />

people don’t realize they are taking<br />

more risk by being conservative<br />

than if they invested in stocks. You<br />

see, inflation risk (the purchasing<br />

power of money invested in bonds,<br />

treasuries, CDs) creates uncertainty<br />

of the future real value and spending<br />

power of their 'conservative' investments,”<br />

Porter explained.<br />

The financial market turmoil of<br />

the last few years and recent record-breaking<br />

benchmark rallies<br />

has catapulted risk management<br />

into the spotlight. While 2013’s<br />

stellar stock gains are welcome,<br />

they have many investors hell-bent<br />

on holding on to them. “Navigating<br />

the current investment environment<br />

requires a clear definition<br />

of an investor’s appetite for risk,<br />

along with a solid risk management<br />

methodology that involves<br />

extensive thought, planning and<br />

research. We try to think of everything,”<br />

Porter shared.<br />

As the old Wall Street adage<br />

goes, “Risk is what’s left over when<br />

you think you’ve thought of everything.”<br />

www.engineeredrisk.com<br />

THE SUIT MAGAZINE - DEC / JAN 2014


Without a Financial Plan it’s Just Luck<br />

It’s Not What You Make; It’s What You Keep<br />

by diane e. alter<br />

Government studies reveal that<br />

roughly 90 percent of Americans<br />

will run out of money in retirement.<br />

Not because they’re living longer,<br />

because they’re saving less. Indeed, according<br />

to a recent survey by Bankrate,<br />

more than three-fourths of Americans<br />

don’t have enough money to pay their<br />

bills for six months. Moreover, half of<br />

survey respondents admitted they had<br />

less than three months’ worth of expenses.<br />

And, more than one-quarter have no reserves to tap in<br />

the event of emergencies.<br />

“To be sure, it’ not what you make; it’s what you save,”<br />

Michael J.P. Fitzgerald, president of Fitzgerald Partners told<br />

The Suit. “While you can build wealth relatively quickly<br />

by say going to the bank for a loan, that kind of wealth is<br />

temporary. Growing wealth takes time. That’s the reason I<br />

created a specialized approach to retirement called Wealth<br />

by Design.”<br />

A fee-only investment and wealth management services<br />

firm, Fitzgerald Partners specializes in helping pre-retirees<br />

transition into a 5-10 year retirement plan. Additional areas<br />

of expertise include real estate investment planning, educational<br />

planning, tax planning, asset allocation and retirement<br />

accumulation planning. Based in Houston, the firm<br />

services clients across the nation.<br />

“We believe a financial plan must be created to determine<br />

a client’s needs and goals. Then, we work on the best means<br />

of helping clients achieve them,” Fitzgerald explained.<br />

A Certified Public Accountant, an accredited Personal Financial<br />

Specialist, a Certified Financial Planner, and boasting<br />

an impressive resume that not many in the financial<br />

world can rival, Fitzgerald is frequently called upon for his<br />

expert insight from myriad media outlets such as Fox Business<br />

News, Forbes, MSN and Bankrate.com. He is one of the<br />

country’s premier tax experts.<br />

His love of country lead him to an eight year stint in the<br />

military and to establish a number of programs to benefit<br />

veterans.<br />

By looking beyond traditional financial advisory services,<br />

Fitzgerald has benefited many.<br />

2500 City West Boulevard<br />

Suite 300<br />

Houston, Texas 77042<br />

www.fitzfp-llc.com<br />

COLLABORATIVE DIVORCE:<br />

LEAVING FAMILIES IN CONTROL<br />

In a litigated divorce, most of the communication between<br />

parties takes place through legal motions and<br />

correspondence between counsel, making it adversarial<br />

by nature. “Those cases certainly out there,” says Louise<br />

McGlynn. “And while there are cases that are litigated, our<br />

goal is to encourage clients towards a negotiated approach.”<br />

In the more traditional adversarial form of divorce, “winner<br />

takes all” means that everyone ultimately loses.<br />

The firm of Freshman & McGlynn listens very carefully<br />

to the wishes of its clients. In most cases the clients want<br />

to avoid the courtroom, but if a litigated divorce is on the<br />

agenda, they have years of litigation experience and are aggressive<br />

in the courtroom. Their goal whenever possible, is<br />

to make the divorce process less painful, less contentious<br />

and easier on the entire family, through negotiated settlement<br />

processes.<br />

The firm sees collaborative divorce as one of the preferred<br />

options. As part of the collaborative process, both<br />

parties consent not only to the divorce but also to a mutual<br />

desire not to waste all of their assets in seeing it through. In<br />

turn, both parties retain more control over what happens<br />

to their children, assets and even their future relationship.<br />

Opposing lawyers and clients sit together at a table, with<br />

both sides pledging to hammer out an agreement. “I say to<br />

clients that if you want to dance at your children’s wedding<br />

by rich monetti<br />

with your former spouse, this is<br />

the process you use,” says Mc-<br />

Glynn. Another form of divorce<br />

that fits with McGlynn's philosophy<br />

is the mediated divorce. A<br />

lawyer – mutually agreed upon<br />

as a neutral third party – advises<br />

the divorcing parties on the confines<br />

of the law, defining the parameters<br />

and helping them arrive at a consensus. In other<br />

words, McGlynn says, “I facilitate the conversation.”<br />

But it all does take some doing. Given the many factors<br />

involved, it takes boundless creativity to superimpose the<br />

strictures of the law onto the emotional human component.<br />

McGlynn says, “These are people’s lives. You can’t regulate<br />

emotion and so the challenge is to keep the emotion in<br />

check.”<br />

Once these hurdles are cleared, “cashing out” the shared<br />

household means that the worst has passed. Leaving everyone<br />

with a sense of enthusiasm means the collaboration<br />

worked and that is what matters most – especially when an<br />

effective parenting plan puts the children first. As McGlynn<br />

says, “It’s very satisfying to help a family move forward.”<br />

www.freshmanmcglynn.com<br />

THE SUIT MAGAZINE p.55


y travis taylor<br />

Investment Planning<br />

for All Walks of Life<br />

Helping People Successfully Plan for the Future<br />

For Todd Moll and<br />

Provenance Wealth<br />

Advisors, helping<br />

clients was never about<br />

choosing the ones with<br />

the most money. It was<br />

– and still is – about helping those clients who came<br />

to Provenance to not only reach their goals but also<br />

to have a unique learning experience along the way.<br />

“We don’t prefer one to the other, rich or poor,”<br />

said Moll, director and chief investment officer for<br />

Provenance Wealth Advisors. “We have a positive<br />

impact on clients by helping with their decision-making.”<br />

Moll and the other advisers at Provenance don’t<br />

differentiate – the company is happy to work with<br />

anyone who will gain from their services. “I don’t<br />

think planning is exclusive to high net worth families,”<br />

said Moll. “There is more personal benefit for<br />

families with less worth, and we have the infrastructure<br />

to help them<br />

Before someone can become a client, however,<br />

Moll said that Provenance considers these three basic<br />

questions. Does the potential client care deeply<br />

about preserving or protecting something, such as<br />

business, family or employees? Does the client have<br />

the resources necessary to tackle these concerns and<br />

afford the services offered? And is the client committed<br />

to the process? Said Moll, “We can’t care more<br />

about the clients financial goals than they do.”<br />

This down-to-earth approach toward helping people<br />

extends beyond just clients. Provenance also supports<br />

several organizations that assist children and<br />

underserved communities. Helping others is a core<br />

value at the heart of Provenance.<br />

From the start, Moll's goal was to offer the best,<br />

most coordinated planning experience for all clients,<br />

while also presenting a unique one as well. Hiring<br />

planners with different areas of expertise achieved<br />

this end.<br />

“The goal really was for us to bring in multiple experts<br />

to provide a team on behalf of the client – so<br />

that we’re looking at all components and all aspects<br />

of the financial planning process,” said Moll.<br />

Part of that planning process includes investment<br />

management. But investment management is only a<br />

component of a well-developed plan. Moll said that<br />

the company has done a poor job if it outperforms<br />

some relevant benchmark each year, but does not<br />

achieve the client’s main objectives.<br />

Also included is a comprehensive approach to<br />

planning for each client, including estate, financial,<br />

business and investment planning. Each client is<br />

helped on a case-by-case basis, taking into account<br />

the wide variety of individual reasons each client has<br />

for seeking out Provenance.<br />

For Moll, this has been a labor of love. He sees one<br />

of the company’s greatest successes as the development<br />

of the investment management process at the<br />

firm. When the company started in 2000, despite the<br />

wealth of planning knowledge held by the founders,<br />

initially there was no real processes in place in the<br />

investment management arena. Moll and his team<br />

developed Provenance’s due diligence processes and<br />

back office procedures from the ground up. Those<br />

procedures still serve as the cornerstone of Provenance’s<br />

investement management services. One that<br />

has grown to well over $1 billion in client investment<br />

assets.<br />

But the shared passion for client experience has<br />

driven Moll and the company forward, toward the<br />

success Provenance is enjoying today. And, according<br />

to Moll, every day is a new day – and a new challenge.<br />

www.provwealth.com<br />

THE SUIT MAGAZINE - DEC / JAN 2014


y diane e alter<br />

CONSCIOUS <strong>OF</strong><br />

RISK<br />

OPEN TO OPPORTUNITY<br />

Hiring the right financial planner can be a daunting<br />

task indeed. Amid a sea of titles and acronyms in front<br />

of and following a long list of advisers’ names, comes<br />

some clever marketing and compounded confusion.<br />

To be sure, financial advice is<br />

unquestionably among the<br />

most crucial advice you’ll<br />

ever receive. Central to the<br />

planning of your future, it’s not a<br />

stretch to say that you need a financial<br />

partner, not simply a financial<br />

planner.<br />

“That’s the mission behind our<br />

firm,” James E. Pearman, Jr., founder<br />

of fee-only Partners in Financial<br />

Planning, told “The Suit.” “Our<br />

firm offers advice that’s free from<br />

conflict. We don’t sell insurance or<br />

financial products. We are 100 percent<br />

client goal oriented. What that<br />

means is we’re committed to helping<br />

clients achieve their goals. Investment<br />

management is merely a<br />

part – albeit a big part – of the service<br />

we provide.”<br />

Recognizing the need for unbiased<br />

investment advice and guidance<br />

in the wake of the 2008 financial<br />

meltdown, Pearman created the<br />

Salem, VA-based firm in 2009. With<br />

some four decades of experience<br />

in the industry, Pearman has been<br />

providing comprehensive financial<br />

planning since 1990. Areas of expertise<br />

include income tax preparation,<br />

along with estate and retirement<br />

planning. Among his accomplishments,<br />

Pearman has been cited in<br />

“Medical Economics” magazines as<br />

one of the top financial advisers for<br />

doctors in the U.S. every other year<br />

from 1998 through 2012. While the<br />

firm counts a number of doctors as<br />

clients, its customer base is vast and<br />

varied, unlike its investment style.<br />

“We use a passive approach to<br />

investing. We don’t try to time or<br />

beat markets. We’re conscious of<br />

risks, yet open to opportunities.<br />

This has served our clients and our<br />

firm exceptionally well,” Pearman<br />

explained. “Communication is also<br />

extremely important to us and our<br />

clients. We make sure clients understand<br />

every move we make, every<br />

recommendation and every change.<br />

Our website serves as a valuable<br />

portable in this area. We continually<br />

post updates and also feature a<br />

monthly newsletter.”<br />

The initial financial plan is merely<br />

a starting point. Financial planning<br />

is a continuous process requiring a<br />

commitment of time and energy by<br />

both the planner and the client. So,<br />

it’s imperative to build a trusting relationship<br />

that will go the distance,<br />

and to have an impartial voice of<br />

reason during good times and bad.<br />

“We believe that financial planning<br />

should be an enjoyable, rewarding<br />

and invigorating process,” Pearman<br />

shared.<br />

In a refreshing change of pace<br />

from the buy/sell mantra of many<br />

advisers, Partners in Planning holds<br />

the term “partner” in the highest regard.<br />

“We truly believe in the value<br />

of our partnership with our clients,”<br />

Pearman said.<br />

www.pifp.ipower.com<br />

THE SUIT MAGAZINE p.57


y amy armstrong<br />

Capturing Past<br />

Security Losses<br />

with Attention<br />

to Detail<br />

Over the last 10 years more than<br />

$60 billion has been distributed to<br />

shareholders as payouts from class<br />

action settlements in securities litigation.<br />

That is certainly a number big enough<br />

to get one’s attention, but what is more surprising<br />

is that most experts estimate that 50%<br />

or more of all eligible claimants in these settlements<br />

do not file and collect what is rightfully<br />

theirs. Instead, the money gets reallocated to<br />

those investors who do file.<br />

Making matters worse is that most of those<br />

who file are big institutional investors who<br />

have service providers like custodial banks<br />

and others who look out for them in this area.<br />

Retail investors, who by most estimates make<br />

up 30% of the market, have no one trying to<br />

help them, and as a result it is estimated that<br />

more than 80% of retail investors are left out<br />

in the cold, with there money instead going to<br />

the big institutions.<br />

One company is making it a mission to<br />

change that paradigm and bring service to<br />

this previously under-served set of customers.<br />

Financial Recovery Technologies, one of<br />

the leading service providers to major institutions,<br />

is exploring how they can adapt their<br />

services to monitor, file and recover funds –<br />

currently tailored for institutional clients with<br />

large pools of capital – for the needs of clients<br />

with smaller dollar amounts to claim.<br />

According to company president Rob Adler,<br />

his firm Financial Recovery Technologies<br />

(FRT), founded in Medford, MA in 2008, is<br />

taking a long look at how to serve the 30 percent<br />

of the class action litigation market that<br />

is viewed as “retail” or individually managed<br />

accounts versus those of large institutions.<br />

“Almost all of the service providers, such as<br />

FRT, have historically only been able to provide<br />

a service in a cost effective manner to the<br />

institutional client,” Adler said. “One of the<br />

goals for the future is whether anybody can<br />

help the smaller client recapture securities<br />

losses.”<br />

Adler explained that there are many claims<br />

going unfiled each year. This trend, he suggests,<br />

is more concentrated in the sphere of<br />

the smaller investor and is due to the nature<br />

of the securities trade business.<br />

“Investors tend to live very much in the<br />

present. They are worried about performance<br />

now,” Adler said. “When a claim settles, it is<br />

usually for a case stemming from trading that<br />

took place five to seven years ago. It is not<br />

even on their radar screen.” This is particularly<br />

true for smaller claims – ones that are only<br />

a few hundred million dollars or even less<br />

spread across an entire class of litigants.<br />

“These tend to fly under the radar. If you<br />

are not actively and intentionally monitoring<br />

or paying attention, they can slip by,” Adler<br />

explained.<br />

Attention to these claims represents Adler’s<br />

greatest successes and greatest challenges<br />

in this business. In a typical year, about two<br />

hundred cases involving securities claims<br />

are filed. Admittedly, it’s an opaque process<br />

heavy on details that go back in time, tending<br />

to be a gray, murky area requiring a lot of attention<br />

to detail in order to produce a successful<br />

outcome.<br />

Recouping past losses is only one small<br />

part of a client’s much larger total investment<br />

package. Recouping is something a busy client<br />

does not always wish to undertake, especially<br />

because of the investment in time it<br />

takes to garner the many details necessary to<br />

THE SUIT MAGAZINE - DEC / JAN 2014


Top Ten Securities Class Action Settlements<br />

Enron Corp.<br />

WorldCom, Inc.<br />

Tyco International<br />

Cendant Corp.<br />

Nortel Networks<br />

Salomon Smith Barney<br />

AOL Time Warner<br />

Bank of America<br />

McKesson HBOC, INC.<br />

American International Group<br />

$7.2 B<br />

$6.1 B<br />

$3.2 B<br />

$3.2 B<br />

$2.9 B<br />

$2.7 B<br />

$2.5 B<br />

$2.4 B<br />

$1.0 B<br />

$992 M<br />

obtain maximum benefit from such litigation.<br />

“Much of what we do is education. We try to<br />

explain and make transparent to the investor<br />

what class action filing is all about and what<br />

their opportunity is in as efficient a manner as<br />

possible, with a maximum shareholder benefit<br />

in terms of maximizing those collections,” Adler<br />

explained.<br />

Despite advances in information technology,<br />

the process remains quite cumbersome – and<br />

keeps the postal service busy. The Internet,<br />

even with all of its instantaneous notification<br />

possibilities, still does not play a major role in<br />

securities litigation.<br />

But the problem is often less an investor’s<br />

awareness of a claim opportunity that is the<br />

problem, Adler explains, as the firms who administer<br />

the claims process do a thorough job<br />

in making sure potential investors receive their<br />

claim notification. Rather it is the complexity<br />

of completing the forms accurately, often based<br />

on trade data and history that is 5-8 years old,<br />

which makes it so daunting for shareholders to<br />

rightfully claim what they might be entitled to.<br />

One additional area where all investors, including<br />

large scale institutions, are struggling<br />

to recover their cash is for legal settlements<br />

outside of the US. Why? In 2010, the U.S. Supreme<br />

Court ruled that international securities<br />

claims must be filed in the courts of the country<br />

where the trading originated. “This decision in<br />

‘Morrison versus National Australia Bank’ has<br />

complicated the process of international claims<br />

recovery,” Adler said. It is also bringing new<br />

business for his firm.<br />

“The Morrison ruling has dramatically<br />

changed the global landscape for claims recovery,”<br />

Adler wrote. “Specialized guidance<br />

on international filings within each country,<br />

along with expertise in each country’s distinctly<br />

different legal requirements and processes,<br />

is critical to the successful claims settlement.”<br />

While that sounds complicated, it isn’t Adler’s<br />

greatest challenge. Instead, the most difficult<br />

part of his day is possibly getting his two<br />

teenagers out of bed and off to school. In comparison,<br />

his job seems a cake walk.<br />

“I’ve spent quite a good amount of time in<br />

the financial services industry and have always<br />

enjoyed it,” Adler said. “In building FRT, I am<br />

excited to get involved and make a major impact<br />

on insuring that all investors are treated<br />

fairly in the claims recovery arena.”<br />

www.frtservices.com<br />

THE SUIT MAGAZINE p.59


Investing for Those Under 50<br />

by judy magness<br />

Clarendon – a vibrant Arlington,<br />

Virginia neighborhood<br />

– filled with shops, bars, and<br />

restaurants typifies the convenient,<br />

family friendly atmosphere desired<br />

by Washington D.C.’s young professionals.<br />

CNN Money ranked Arlington<br />

in the top ten “Best Places for the<br />

Rich and Single” listing. Clarendon<br />

Capital Management, LLC (CCM),<br />

founded by Carlos Sava, is on target<br />

for catering to exactly that younger, under-50 Clarendon<br />

crowd. For them, Sava’s strategy focuses on income instead<br />

of existing wealth, differentiating his firm from other investment<br />

advisory firms.<br />

Sava noted, “We see young lawyers, IT and consulting<br />

professionals, and entrepreneurs as an under-served market,<br />

without sufficient wealth to meet the minimums of those<br />

firms. Confident they will get there over time, CCM is happy<br />

to get involved early, because they have a long investment<br />

horizon.” Speaking to his long-term strategy, Sava said,<br />

“Our investment approach is a very patient one, with longer<br />

holding periods than most firms.”<br />

Sava discussed CCM’s unique approach, including advantages<br />

of separately managed accounts over mutual funds<br />

and their commitment to total transparency.<br />

“Unlike mutual funds, our clients can see their investments.<br />

People had accounts with Bernie Madoff, but nobody<br />

knew what was in them,” said Sava. “And just as important<br />

is transparency about fees, commission charges and expenses.<br />

These are sometimes still buried and clients don’t see all<br />

the charges associated with their investment account,” he<br />

said. “We’re not in favor of that at all. It’s very damaging<br />

and certainly not transparent.” The firm’s clients don’t pay<br />

any sales or load fees, nor are there any penalties for withdrawing<br />

funds within a certain time period.<br />

CCM develops a strategic asset mix of stocks along with<br />

fixed income, cash equivalents and alternative investments<br />

to fit each client’s goals.<br />

“Those under 50 must balance spending to handle life<br />

changes such as buying a home and starting a family, while<br />

also saving for retirement,” reasoned Sava. “There’s a lot of<br />

financial pressure on this age group – and we are here to<br />

help them.”<br />

www.clarendoncapitalmanagement.com<br />

THE SUIT MAGAZINE - AUG / SEPT 2013


y diane alter<br />

A Lone Wolf Among Sheepish Money Managers<br />

Intrepid Capital Management: Contrarian and Courageous<br />

Investment styles abound on both Wall<br />

Street and Main Street. Day traders vie for<br />

mere penny gains. Momentum investors<br />

buy what’s going up, believing that<br />

rising stocks will continue to rise. Growth<br />

investors place wagers on equities they<br />

hope will be behind the “next big thing.”<br />

Meanwhile, contrarian investors emphasize<br />

out-of-favor securities with low price-to-earnings<br />

ratios. The contrary camp tends to sell when<br />

most people are buying, and will buy<br />

when most are selling, following the<br />

old Wall Street adage, “what appears<br />

obvious is obviously wrong.” It’s that<br />

kind of divergent thinking that has<br />

placed Intrepid Capital Management<br />

prominently and prestigiously on the<br />

investment world’s highly competitive<br />

map.<br />

Since its founding in 1994, Intrepid<br />

has grown in both presence and<br />

prowess. President Mark F. Travis,<br />

who boasts three decades of financial<br />

experience, is highly respected in the<br />

industry. As a frequent guest on CNBC<br />

and Fox Business News, Travis has also<br />

been featured in “Barron’s,” “Financial<br />

Advisor Magazine” and “Smart<br />

Money.”<br />

“We pride ourselves on<br />

independent thinking,” Travis<br />

told “The Suit.” “We don’t<br />

follow the Wall Street herd.<br />

We’re discerning, deliberate,<br />

disciplined and opportunistic.<br />

All our funds are filled with our<br />

best ideas to provide the best potential value to<br />

our shareholders.”<br />

Indeed, Intrepid’s Small Cap Fund won the<br />

Lipper Award as Best Fund in its category (out<br />

of 266 qualified small cap funds) for three-year<br />

risk adjusted performance in both 2009 and<br />

2010. Providing further evidence of the firm’s<br />

outstanding performance, Travis explained, “We<br />

emerged from 2008 (the Great Recession) virtually<br />

unscathed. Our small cap fund sported a modest<br />

7 percent decline compared to the sector’s average<br />

We differentiate ourselves by managing<br />

concentrated portfolios with low<br />

turnover, seeking absolute returns,<br />

and co-investing with our clients.<br />

40-50 percent fall.”<br />

Travis credits the firm’s disciplined investment<br />

approach, which concentrates on return, risk,<br />

liquidity and relative value. “We place a heavy<br />

focus on free cash flow – a representation that a<br />

company is able to generate cash after shelling<br />

out money to maintain or expand its asset base<br />

– when considering an investment. We seek to<br />

buy only good businesses at good prices, using<br />

detailed fundamental analysis. We don’t chase<br />

performance or buy ‘hot’ stocks. We<br />

remain flexible at all times and don’t<br />

have cash limits. We’ll sit on cash if we<br />

can’t find suitable investments,” Travis<br />

explained.<br />

Intrepid represents a refreshing<br />

change from a large and growing<br />

herd on Wall Street that deems cash<br />

undesirable. It remains at the top of<br />

its game by staying cost competitive,<br />

tax efficient, maintaining open client<br />

communication, employing the best<br />

in the business and always upholding<br />

its integrity. “I tell all my employees it<br />

takes years to earn a stellar reputation<br />

and just seconds to lose it. I lead by<br />

example,” Travis said.<br />

To be sure, sheep are herded.<br />

The road to financial greatness is<br />

led.<br />

www.intrepidcapital.net<br />

THE SUIT MAGAZINE p.61


y amy armstrong<br />

Emphasis on Emerging Markets<br />

Provides Long-Term Opportunities<br />

Your interests and<br />

goals always come first.<br />

In a nod to the adage stating, “That the only constant is change,” Robert<br />

Lutts uses his position as the chief investment officer of the company<br />

he started in 1983, Cabot Money Management, Inc., to transform<br />

the age-old proverb into economic windfalls for his clients.<br />

“I spend almost all of my time in the investment world,” Lutts said.<br />

“At any given time, I have five or six sectors I’m really excited about to explore,<br />

develop ideas, then communicate what I find and<br />

give my team my recommendations.”<br />

Some of his current picks for further review and<br />

possible investment include solar energy, clean<br />

technology, the hybrid vehicle market and big<br />

data. He’s also extremely interested in DNA<br />

genomic companies currently formulating<br />

personalized medicine applications.<br />

“It is ripe with opportunity in the next<br />

10 to 15 years. I think more wealth will<br />

be created in that sector of medicine<br />

alone than has thus been created in the<br />

entire pharmaceutical industry thus<br />

far,” Lutts predicts. “The reason I say<br />

this is the demand by the individual<br />

to extend their life is without<br />

limit. I am 57 and perhaps I will<br />

live to 75 or 80. But what would I<br />

pay or do for another ten years?<br />

A lot.”<br />

THE SUIT MAGAZINE - AUG / SEPT 2013


His opportunity-seeking isn’t limited to the U.S. border.<br />

He’s a big fan of investment opportunities abroad and frequently<br />

travels to China, Brazil, India and soon – Africa.<br />

He is attending a large mining conference in South Africa<br />

at the end of January 2014 in an effort to evaluate opportunities<br />

there.<br />

Those parts of the world are where<br />

great opportunities will exist for the<br />

next decade,” Lutts explained. “You<br />

have to be open to the idea that growth<br />

opportunities are not limited by coun-<br />

“try borders.”<br />

He has the good fortune, “to be able to identify trends<br />

early on that become long-term trends and achieve a significant<br />

value creation.” That value creation begins right<br />

in Cabot’s home offices. There, clients go through a comprehensive<br />

review of their current financial situation, followed<br />

by the development of a strategic plan.<br />

“This is our firm’s number one value,” Lutts explains.<br />

“Our clients see it the first time they come in. On that first<br />

day, they work with four individuals whom are highly-skilled<br />

in each of their respective sectors – taxation, investments,<br />

estate planning and insurance. The thing that<br />

really works for our clients is that these four individuals<br />

talk to each about each client’s case and they develop a<br />

custom approach to the unique aspects of each client’s<br />

life. The client is not getting some off-the-shelf cookie cutter<br />

approach.” His clients – most with a liquidity of funds<br />

worth at least $1 million, value this high level of personalized<br />

service.<br />

“These are people who have resources that need to be<br />

managed. Not only that, they have complex tax, estate<br />

and financial planning needs as well as a strong need<br />

for insurance planning,” Lutts explained. Being high-net<br />

worth isn’t the only thing Lutts seeks in a client. He prefers<br />

to work with people who allow his firm’s investing<br />

methods to work for them over the long haul.<br />

He emphasizes educating clients regarding the various<br />

and ever-developing tools of the investment trade.<br />

He knows some clients are<br />

weary of the recently-popular<br />

ETFs (exchange-traded<br />

funds). Lutts is a big fan,<br />

even though he does admit<br />

they can be a double-edged<br />

sword.<br />

“They do offer benefits in<br />

lowering costs, offering tax<br />

efficiency and simplicity,”<br />

Lutts said. “They allow me to<br />

target an individual part of a<br />

particular market of a particular<br />

economy. Yet, challenges<br />

are created. I may be taking on more risk because of this<br />

flexibility. This more complex slicing and dicing of the<br />

marketplace may make trading more complicated.”<br />

Lutts also sees that ETFs increase investor trading activity.<br />

He cautions that increased activity does not necessarily<br />

equal increased profitability. Yet, in the overall<br />

investing scheme, he believes in the fluidity of ETFs. “I<br />

am thrilled to have them,” he said. “But they do raise risks<br />

and those risks are something we have to be aware of.”<br />

Risk is not something Lutts avoids. He recognizes it<br />

comes with the territory, “There is no free lunch. You cannot<br />

get high returns without taking risk,” he said when<br />

addressing the recent appearance of advertising, allegedly<br />

delivering market returns with no risk. “In the long<br />

run, they are lying. If you take less risk, you simply are<br />

going to get less return.”<br />

Lutts understands where the notion is coming from.<br />

The past ten years, marked with financial scandal after<br />

scandal and two bear markets have made investors leery<br />

of risk. He calms investor fears with a simple reminder:<br />

“Investing is about the long-term.” According to Lutts,<br />

“Over a long period of time, if you invest in a carefully<br />

chosen group of companies, you will achieve a 9-10 percent<br />

annual rate of return.”<br />

For now, Lutts does not see a federal uniform fiduciary<br />

standard being developed. “It’s not there aren’t issues to<br />

be addressed. It’s just that most of those arise ‘after the<br />

fact,’” he said.<br />

“For investors, counselors and wealth advisers, it is<br />

very challenging to come up with a uniform set of standards<br />

effective at managing and monitoring markets.<br />

Investor behavior dramatically changes from cycle to cycle<br />

and what usually happens is that they (government<br />

authorities) outlaw things that didn’t work – after they<br />

didn’t work.”<br />

Instead of looking in the rear view mirror, Lutts is always<br />

looking forward. He’s working on being a bit less<br />

bullish at market highs and less bearish at market lows<br />

– which he acknowledges is challenging.<br />

Lutts comes by this careful watching of trends and opportunities<br />

naturally – his father was the founder and<br />

original editor and publisher of the “Cabot Market Letter.”<br />

In 1983, when launching his own firm, Lutts contacted<br />

those subscribers because he knew they were also<br />

looking for new opportunities. The next profitable opportunity<br />

is what Lutts intends to keep on finding not only<br />

for himself, but more importantly, for his clients.<br />

216 Essex Street Salem, MA 01970 (978) 745-9233<br />

www.ecabot.com<br />

THE SUIT MAGAZINE p.63


y amy m. armstrong<br />

Keeping Clients From Unnecessary Risk<br />

Jordan Schlick is keeping his clients<br />

out of the bond market. That<br />

is, at least until he sees what effect<br />

the impending end Federal Reserve’s<br />

current quantitative easing (QE) process<br />

will have on interest rates in 2014.<br />

Schlick anticipates a rise in interest<br />

rates as the Fed reduces its bond purchases.<br />

As he notes, in March 2013,<br />

interest rates rose by three-quarters of<br />

a percentage rate based merely on the<br />

discussion of a potential end to quantitative<br />

easing.<br />

“It was a pretty big shock,” explains<br />

Schlick, chief executive officer of the<br />

Columbia, Maryland-based Compass<br />

Capital Management, LLC – a firm he<br />

first established a decade ago. “Our<br />

perspective is that when the Feds get<br />

the economy healed and once they<br />

take off this stimulus (QE) that has<br />

kept interest rates artificially low, then<br />

interest rates will jump another 0.5% to<br />

1.0% pretty quickly.”<br />

This is not a good thing for purchasers<br />

of long-term government bonds.<br />

When interest rates rise relative to the<br />

time of purchase, the price of the bond<br />

drops. As Schlick points out, interest<br />

rates on government bonds have remained<br />

low due to the Fed’s QA program<br />

– a tool pulled back out of the<br />

government’s economic tool box to use<br />

after the 2007-08 financial collapse. As<br />

reported by “Time” and Forbes” magazines,<br />

the Fed continues to purchase<br />

$85 billion per month in Treasury<br />

bonds and long-term mortgage-backed<br />

securities. When this ends, financial<br />

analysts, including those at the Congressional<br />

Budget Office, expect bond<br />

interest rates to more than double, hitting<br />

5 percent by 2019.<br />

“However, economically, we believe<br />

we are in a pretty good position right<br />

now,” Schlick said. He expects growth<br />

of 3% or higher in 2014, which should<br />

allow the stock market to see further<br />

gains.<br />

Regardless of the markets, he continues<br />

to work with clients to determine<br />

the correct level of risk tolerance<br />

for their portfolios. Risk is different<br />

for each client, which is something<br />

Schlick says he and his partner, Tim<br />

Dull – both chartered financial analysts<br />

(the CFA is composed of 18<br />

hours of exams on investments and<br />

portfolio management) – understand<br />

well. While they determine what and<br />

where to invest, the client’s risk tolerance<br />

level provides key guidance in<br />

that decision-making process.<br />

“We custom-fit the client’s portfolio<br />

to meet that risk,” Schlick said. “We<br />

give them the parameters so they can<br />

understand what could happen in<br />

terms of market decline or market depreciation<br />

and to make sure they are<br />

comfortable with the level of risk.”<br />

Keeping clients assured of the safety<br />

of their investments is also key,<br />

Schlick noted. Advisers such as himself<br />

currently get an assist from the<br />

federal government which has increased<br />

its regulatory oversight. It<br />

means extra paperwork for firms that<br />

are registered investment advisers<br />

(RIAs), but Schlick believes ultimately<br />

that the shift toward greater scrutiny<br />

is beneficial to his business (and to all<br />

investors). His firm utilizes an independent<br />

custodian, TD Ameritrade,<br />

and he likes the fact that his clients<br />

receive statements from both his firm<br />

and from the custodian.<br />

Schlick observed, “Hopefully this<br />

gives our clients a greater sense of security.”<br />

www.compasscapmgt.com<br />

THE SUIT MAGAZINE - AUG / SEPT 2013


y diane alter<br />

Personalized Software Solutions Allowing for<br />

Small Companies to Compete With the Big Wigs<br />

Technology is evolving at such<br />

a lightening quick speed that<br />

companies today simply cannot<br />

afford to waste time, energy and money<br />

building or implementing software<br />

that is likely to be antiquated in a few<br />

months. With a good planning, however,<br />

it is possible to avoid this scenario.<br />

“You need to understand your business<br />

process before you decide on a<br />

particular software,” Natalie Noel,<br />

CEO of Tech Advocate Group (TAG)<br />

told “The Suit.” “Most companies attempt<br />

to adapt to new software. The<br />

optimal approach is to employ software<br />

that adapts to you. User adaptation<br />

starts at the planning stage.”<br />

Noel formed her Baton Rouge, LAbased<br />

company in 2012 after working<br />

for a number of years at several prestigious<br />

software consulting companies<br />

around the country. Her exposure<br />

to a wide variety of<br />

business cultures and<br />

vastly diverse software<br />

systems paved<br />

the way for a high<br />

level of comfort in developing<br />

mission-critical<br />

applications for<br />

many different kinds<br />

of business. An established<br />

entrepreneur as<br />

well as an elite college<br />

basketball player, Noel has the discipline,<br />

drive and endurance of an accomplished<br />

athlete coupled with the<br />

skill of an industrialist.<br />

“Unlike many of the big software<br />

solution companies that specialize<br />

in impersonal customer relationship<br />

management (CRM), we are very personalized.<br />

We start any affiliation by<br />

fully understanding the client, their<br />

business, their revenue goals and who<br />

their users are. We gather all the pertinent<br />

information and spend a great<br />

deal of time in the planning stage. But<br />

we don’t stop there. We stay on board<br />

to make sure the software adoption<br />

flows. By establishing<br />

long-term relationships,<br />

we also have a<br />

foothold on securing<br />

future business,” Noel<br />

explained.<br />

Without question,<br />

the future of software<br />

lies in cloud computing.<br />

It opens up a great<br />

many doors by making applications<br />

and data more accessible than ever<br />

before. A host of cloud applications<br />

have already, and will continue to<br />

greatly improve a company’s productivity<br />

and profits. “Eventually – and<br />

sooner rather than later – every piece<br />

of equipment and every gadget will<br />

be equipped with devices to transmit<br />

data via the cloud. That relay of facts<br />

and figures will improve customer service<br />

and the user experience. By capturing<br />

that invaluable information, an<br />

organization can increase revenue and<br />

growth. Cloud computing is in its early<br />

stages, but it’s evolving every day.<br />

As an industry expert, what I see as<br />

one of cloud’s biggest benefits is that it<br />

lets small companies compete with the<br />

giants,” Noel detailed.<br />

And that is exactly what TAG is doing.<br />

Although it is a new player in the<br />

technology sector, it is already successfully<br />

competing with the industry’s<br />

“big boys.”<br />

Noel knows that success in basketball<br />

or in life doesn’t come easy, and<br />

the same is true when implementing<br />

mission-critical software systems –<br />

that’s why she created TAG, and that’s<br />

why she is sorely needed.<br />

www.techadvocategroup.com<br />

THE SUIT MAGAZINE p.65


y the suit staff<br />

Effective Training Delivery and<br />

Cloud Computing Drive IT Business<br />

Capitalizing on the notion that computer users train<br />

better on their own workstations, NEM Technology<br />

of Oscoda, Michigan, is using video training delivered<br />

directly to the end user as a mainstay in support programs<br />

being offered to its technology clients. This training<br />

delivery system seems in line with surveys favoring the<br />

video approach, including one recent Forbes survey showing<br />

that 60 percent of executives prefer watching a video<br />

versus reading text at their personal workstations. Even the<br />

U.S. Department of the Navy utilizes video training, personalized<br />

for delivery to workstations. It promotes retentive<br />

learning, largely because of the emotional involvement<br />

a viewer experiences.<br />

It’s a notion with which Larry Holland, CEO of NEM<br />

Technology, heartily agrees.<br />

“Video absolutely is one of the handiest tools for training,”<br />

he said. “It keeps them (the user or trainee) in their environment<br />

rather than disrupting them to have to come and<br />

sit in a training session somewhere. To be able to deliver the<br />

training to them while they are involved with their workload<br />

is one of the best avenues for delivering training.”<br />

Training the end user in any technology his firm brings to<br />

its clients is an important component in Holland’s overall<br />

plan of service. But it isn’t his only goal. He’s looking to<br />

work with companies that want to be able to fully utilize<br />

the best overall technology they can afford.<br />

“It is important first of all to make sure that the companies<br />

we are working with do not want to continue to<br />

struggle underneath a best efforts basis,” he said. Knowing<br />

how the recent economic downturn forced some companies<br />

to hold on to “antiquated” equipment, Holland's<br />

philosophy includes identifying ways to make existing<br />

equipment and IT infrastructure work until budgets improve.<br />

But ultimately, his firm seeks to provide its clients<br />

with the most affordable of the most current technology<br />

– including the support and security measures his team<br />

of experts can provide – such as controlling the flow of<br />

electronic mail, network access and DNS (Domain Name<br />

System) resolution against malware attacks.<br />

Holland is a fan of cloud computing for a couple of<br />

reasons, including the simple fact that its existence has<br />

helped grow his own business, even in a sluggish economy.<br />

“Through our work with Microsoft or other providers,<br />

we are able to bring cloud computing to businesses<br />

that stand to gain in two areas: mobility and productivity,”<br />

Holland said. He noted that some cloud customers<br />

might not be in the market for any other IT services, but<br />

can at least find a use for cloud services. “When we have<br />

that mobility factor or the agility for a customer to use<br />

services on up to five devices, so that they are not limited<br />

to the workstations at their desks but can now work<br />

from the cloud on the computer at the hotel, their laptops,<br />

their tablets or in some cases, even on their cellular<br />

phones – this increases productivity.”<br />

www.nemtechnology.com.<br />

THE SUIT MAGAZINE - DEC / JAN 2014


y travis taylor<br />

Renewable Energy, Sustainable Executives<br />

Forging a successful path finding renewable energy executives<br />

Renewable energy is a<br />

multi-billion dollar<br />

industry. Investment<br />

in technologies such<br />

as solar power, wind<br />

power and hydroelectricity, reached<br />

$257 billion in 2011 alone.<br />

Rapid growth like that creates<br />

a need among companies for<br />

top-notch executives focused on<br />

renewable energy. This is where<br />

Carina Whitham and the Whitham<br />

Group come into play. Whitham,<br />

founder and CEO, brought the<br />

company together in 2010 after<br />

spending over 10 years in recruiting<br />

and staffing. Whitham and her<br />

associates found a niche in renewable<br />

energy recruiting and brought both<br />

their talent and passion to bear on<br />

that industry.“The one thing we<br />

noticed was that the people within<br />

the renewable energy industry, they<br />

take their talent and direct it toward<br />

the bettering of the environment,”<br />

Whitham said. “And they’re just<br />

good people to work with.”<br />

In less than two years, the<br />

Whitham Group has already found<br />

success. “In 2012 our revenues<br />

skyrocketed. This year – 2013, we<br />

are slated to double last year’s<br />

revenues,” noted Whitham. “And<br />

we are now expanding our offices<br />

all over the nation.”<br />

Already Whitham Group has<br />

concentrations in solar power,<br />

with expansion into the biofuel,<br />

geothermal and wind industries.<br />

Part of the reason for the scope<br />

of this achievement is the way<br />

Whitham and her associates go<br />

about finding talent for companies,<br />

saving them money in the process.<br />

Before taking on any new client,<br />

for instance, Whitham Group goes<br />

through an assessment process.<br />

First, they only consider<br />

companies that are in the renewable<br />

energy industry. Whitham concedes<br />

that this means considering only<br />

American-based companies.<br />

Secondly, each potential client’s<br />

revenue and capitalization is<br />

taken into consideration and<br />

thirdly, Whitham Group uses their<br />

vast connections to feel out the<br />

company, take a look into their<br />

corporate culture and interview<br />

people who work for that potential<br />

client. “We don’t want to place a<br />

candidate anywhere that’s not a<br />

viable position in a viable company<br />

with a good reputation,” Whitham<br />

said.<br />

Because Whitham Group can<br />

offer a retained-level search and<br />

do it on a contingent basis, they are<br />

able to greatly reduce the amount<br />

of money a company spends on<br />

finding the right five-to-seven figure<br />

talent. That savings can be up to<br />

half of what is spent on larger, less<br />

renewable energy-focused search<br />

firms – and with better results.<br />

With so much success already,<br />

Whitham Group is poised to<br />

continued their significant growth<br />

and influence in the renewable<br />

energy industry. “In 2014 our plan<br />

is to align ourselves with some<br />

of the top energy companies and<br />

diversify by expanding our client<br />

portfolio,” said Whitham.<br />

This combination of passion,<br />

talent and even a sense of fun has<br />

driven Whitham Group to the top of<br />

renewable energy executive search<br />

firms. “We love what we do,” said<br />

Whitham, “so it doesn’t really seem<br />

like work.”<br />

www.whithamgroup.com<br />

THE SUIT MAGAZINE p.67


y diane alter<br />

WALKING COUPLES THROUGH<br />

DIVORCE-O-NOMICS<br />

Avoiding a Divorce Hangover<br />

Divorce, no matter how<br />

amicable, is a profoundly life-changing<br />

experience. It is painful, confusing and<br />

can be very costly. Helping couples for<br />

nearly three decades keep divorce from<br />

devastating their finances – and as a result,<br />

their lives – is Bob Bordett, owner<br />

of Atlanta-based Collaborative Practice<br />

and Mediation Services, Inc.<br />

“I am the neutral party,” Bordett, a<br />

Certified Financial Planner and Certified<br />

Divorce Financial Analyst, told “The<br />

Suit.” “I don’t have a dog in the fight.<br />

Clients come here to discuss their issues<br />

– not for a battle. I help couples, families<br />

and businesses make sound financial decisions<br />

through alternative dispute resolution<br />

methods. These processes involve<br />

trust and communication and all work<br />

very well.”<br />

The successful processes Bordett employs<br />

are centered on an interactive approach.<br />

solutions that are beneficial for all involved.<br />

That’s an important part of my<br />

methodology and it allows for greater<br />

successes,” Bordett explained.<br />

Also important are the myriad emotions<br />

involved in divorce. One of the<br />

greatest challenges a person will ever<br />

go through, divorce affects every area<br />

of life and stirs up a hornet’s nest of<br />

emotions. “That’s why I include divorce<br />

coaches and mental health experts<br />

in my practice. You see, with<br />

every asset there are emotional ties.<br />

For example, a home is an extremely<br />

emotional asset. Working with these<br />

experts, clients are able to remove the<br />

emotional part and determine if holding<br />

on to or vying for an asset makes<br />

financial sense,” Bordett added.<br />

Clients working with Bordett will<br />

agree that his methods have resulted<br />

in better long-term relationships with<br />

former spouses, largely because there<br />

is no court fight. There are also a number<br />

of benefits inherent in the methods<br />

Bordett employs, including:<br />

•Mediation and settlement is<br />

easier on children, since these are<br />

typically more peaceful than litigation.<br />

“I USE THREE SETTLEMENT METHODS. THEY<br />

INCLUDE INTEGRATED MEDIATION, ARBI-<br />

TRATION, AND COLLABORATIVE DIVORCE.<br />

since they make the decisions instead<br />

of the court.<br />

Bordett emphasized, “Once you are<br />

in court, it’s a judge – who knows very<br />

little about you and your family – that<br />

will make final, life-altering decisions<br />

about you, your family, your property,<br />

your money and ultimately how you<br />

will live your life. That’s a daunting<br />

prospect.”<br />

But whatever method is used, we discuss<br />

assets, liabilities, taxes and cash<br />

flow. I make it a point to educate clients.<br />

This helps them in recognizing the decisions<br />

and agreements are theirs not<br />

mine. I encourage clients to think outside<br />

the box and come up with creative<br />

•Mediation allows for far more<br />

discretion because it is private,<br />

while divorce is public.<br />

It expedites agreements and reduces<br />

expenses.<br />

•It helps clients stay in control<br />

www.u2agree.com<br />

THE SUIT MAGAZINE - DEC / JAN 2014


Making Family Law About Families<br />

Collaborative Divorce: A More Therapeutic Alternative<br />

by travis taylor<br />

Marriages are meant to<br />

last forever. But sometimes<br />

they don’t, and<br />

then a once-committed<br />

couple heads for divorce. With<br />

roughly 40-50 percent of marriages in<br />

the United States ending in divorce, a<br />

failed marriage is almost more commonplace<br />

than a successful one.<br />

What can be lost in the pursuit of<br />

these divorces is the emotional impact<br />

they will have on other family members. This is where<br />

Arthur Grossman and Florida-based firm of Grossman &<br />

Grossman helps out. The husband and wife team of divorce<br />

attorneys seek to make family law more about families, by<br />

respecting relationships, diversity and values. As Grossman<br />

noted, “We decided from day one to focus on divorce and<br />

family law, because we believe the practice of family law<br />

really presents us with the greatest opportunity to make a<br />

significant, positive impact on the lives of our clients and<br />

their families.”<br />

Grossman was in IT Management for 12 years before following<br />

his parents into law. He and wife, Kristin, met while<br />

both attending Florida Coastal School of Law, where Grossman<br />

graduated at the top of his class. After graduation,<br />

both attended the Straus Institute for Dispute Resolution at<br />

the Pepperdine University School of Laws and Grossman<br />

earned a Master of Law in Dispute Resolution.<br />

Since starting the firm, Grossman has looked for clients<br />

interested in what he described as a “healthy divorce.”<br />

A healthy divorce is one where the client recognizes the<br />

amount of stress involved in the divorce process, understands<br />

how it affects the entire family and takes steps to see<br />

a mental health professional to prepare for the road ahead.<br />

Part of what Grossman does to help make sure families<br />

get the most positive impact from divorce is through a collaborative<br />

divorce process. Collaborative divorce is where<br />

both parties use joint techniques, working together instead<br />

of looking to beat the other side. This can save money by<br />

avoiding extensive litigation and the courtroom. It also<br />

greatly reduces the amount of stress on the family.<br />

“Family law would benefit more if kept out of the courtroom,”<br />

said Grossman. While he believes the legal system<br />

in the US works well, he wants to see a shift toward more<br />

alternative dispute resolution. This means more mediation,<br />

informal negotiation and arbitration before getting to a<br />

courtroom.<br />

Grossman is driven by his focus on family in family law,<br />

viewing his greatest success in law as having provided his<br />

clients with a voice. “Too many people in our society just<br />

want to be heard,” said Grossman.<br />

As for the future, Grossman wants to increase public<br />

knowledge about collaborative divorce and increase the<br />

number of clients – but not necessarily just for money. “Increasing<br />

our clients means more people I can help,” Grossman<br />

said. “More people I can provide with a healthy alternative,<br />

a more therapeutic alternative for restructuring their<br />

families.”<br />

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y diane alter<br />

“COMMUNICATE, DON’T LITIGATE”<br />

Representing Community Associations<br />

“Community” is the foundation behind Kaman & Cusimano, LLC Attorneys at Law – an<br />

Ohio-based firm focusing on condominium and homeowner association law. “We don’t<br />

represent developers, owners, contractors, management companies, banks or tenants,” Joseph<br />

(Jay) Cusimano, partner, told “The Suit.” “We only represent community associations.”<br />

Every case the firm takes on<br />

begins with practical considerations<br />

of potential outcome<br />

and its effect on the community.<br />

“We recognize that we don’t just<br />

represent clients,” explained Cusimano,<br />

who was included this year<br />

in the 20th edition of “The Best<br />

Lawyers in America” for real estate<br />

attorneys.<br />

“We represent entire communities.<br />

Every association is first and foremost a community.<br />

A primary goal and responsibility of ours is to keep our<br />

community association clients out of legal trouble. So, we<br />

are big on providing education for board members in order<br />

to prevent problems. And, we also keep the lines of<br />

communication open at all times,” Cusimano said.<br />

Homeowners associations (HOAs) are formal legal entities<br />

created to maintain common areas. Membership is<br />

mandatory for all property owners within a development<br />

and mandatory fees are the norm. HOAs are corporations<br />

with formal bylaws, and there is typically a governing<br />

board which hires a property management company to<br />

handle maintenance and a variety of enforcement issues.<br />

It’s a big industry which continues to get bigger.<br />

Indeed, according to the Community Associations Institute,<br />

about 50 million Americans live in association-governed<br />

communities. Approximately 1.25 million people<br />

serve on community association boards and another<br />

300,000-plus serve as community members. Some 6,000-<br />

8,000 new community associations are formed every year.<br />

The estimated real estate value of the homes in all community<br />

associations amounts to more than $2 trillion or<br />

roughly 15 percent of the value of all U.S. residential real<br />

estate. The estimated annual operating revenue for these<br />

associations is $30-$35 billion.<br />

Amid this rapidly growing industry, comes a growing<br />

number of disputes, running the gamut from smoking on<br />

the premises, to pet ownership, to laundry lines, to decorative<br />

gnomes (or flamingos). “These disputes, no matter<br />

how trivial they may seem to some on the outside, are<br />

important to those impacted by the matter and for that<br />

reason can be very costly. While we recognize that every<br />

person has a say, we also know that not every case has<br />

merit. We know every side of the issue; not just the law,<br />

but the practical considerations as well. That’s invaluable<br />

to all of our clients,” Cusimano detailed.<br />

The firm’s aim is not just to help clients avoid litigation.<br />

It’s to make sure neighborhoods are running smoothly<br />

and amicably. “When people are happy where they live,<br />

they come together and embrace their unity. Everyone<br />

benefits and it promotes property values,” Cusimano said.<br />

To be sure, the very name “community” sounds like the<br />

words “come” and “unity.” And getting everyone to come<br />

together in unity is Kaman & Cusimano’s goal.<br />

www.ohiocondolaw.com<br />

THE SUIT MAGAZINE - DEC / JAN 2014


y diane e. alter<br />

ATTORNEY, ADVOCATE<br />

AND BIT <strong>OF</strong> A REBEL<br />

“<br />

In<br />

Asset protection planning is all about<br />

planning before a claim or compromising<br />

situation arises. And, it’s<br />

important for people to understand<br />

that personal assets are for trusts,<br />

and business assets are for business<br />

entities.”<br />

order to make sure your legal rights are properly represented,<br />

it is imperative to hire a good, honest and skillful<br />

lawyer – which implies that you have to know how to<br />

find one. Unfortunately, a great many people don’t find<br />

out that they have selected a bad or incompetent lawyer until<br />

it’s far too late.<br />

Additionally, since lawyers have a wide variety of areas of<br />

expertise, it is also crucial to hire the right lawyer for the job.<br />

For those in need of estate and trust planning, international<br />

tax issues and disputes, asset planning, protection of assets<br />

and U.S. taxation issues, Walter Weiss, A Law Corporation,<br />

is the wise choice. Frequently consulted by colleagues and<br />

CPAs, Weiss has been honored in the annual “Top 100 Los<br />

Angeles Super Lawyers” publications every year since 2006.<br />

“I work with clients that I know I can help,” Weiss told “The<br />

Suit.” “They want good results and so do I. While my practice<br />

runs the gamut from trust planning to estate tax preparation<br />

to business succession planning to charitable giving to matrimonial<br />

law, I enjoy and have had great success in cases that<br />

involve the IRS. I like fighting the government. I guess you<br />

could say I am a bit of a rebel in that regard,” Weiss said<br />

with a chuckle.<br />

Weiss’ highly regarded practice offers the most comprehensive<br />

insight and service in assisting clients to make informed<br />

and sensible decisions about the issues at hand. Providing<br />

the same capabilities and sophistication as a large law<br />

firm, the Weiss firm can also boast of providing the same<br />

coveted level of personalized attention given by boutique<br />

firms.<br />

Protection of assets is among the busiest areas in Weiss’<br />

practice. And contrary to popular belief, estate planning<br />

trusts are not just reserved for the wealthy. To be sure,<br />

the assets one has worked long and hard to accumulate<br />

can be quickly lost if not properly protected. “Asset<br />

protection planning is all about planning before a claim or<br />

compromising situation arises. And, it’s important for people<br />

to understand that personal assets are for trusts, and business<br />

assets are for business entities,” Weiss explained. In short,<br />

commercial operations are not personal piggybanks, and different<br />

needs call for different kinds of trusts<br />

As we move into 2014 – an unquestionably more taxing environment<br />

– Weiss stresses that people need to start planning<br />

for higher taxes and for tax changes now. You see, every situation<br />

also has a tax advantage. And Weiss helps clients find<br />

that benefit.<br />

1901 Avenue of the Stars, Suite 390,<br />

Los Angeles, CA 90067<br />

(310) 553-7019 Phone<br />

www.walterweiss.net<br />

THE SUIT MAGAZINE p.71


y a. marie velthuizen<br />

PUTTING THE CHILDREN FIRST<br />

Meeting the needs of children<br />

whose parents are<br />

divorcing is legal priority<br />

number one for<br />

Martha C. Hall, partner at Hall Law<br />

Group, PC in Statesboro, GA, a firm<br />

with a concentration in family law.<br />

She knows it’s a tall order, but she<br />

won’t represent litigants at all who<br />

won’t put their children’s welfare at<br />

the forefront of the divorce process.<br />

Hall considers the children to be the<br />

marital estate’s most precious and<br />

valuable asset – and she intends to<br />

protect them.<br />

“I look for clients who are going<br />

to put the children first and if I sense<br />

they are not on that path, or if the<br />

children are being used as pawns in<br />

the litigation process, I simply choose<br />

not to represent those folks,” Hall<br />

said.<br />

She offers a variety of coaching materials<br />

for parents aimed at educating<br />

her clients about what is appropriate<br />

behavior and discussion topics in the<br />

presence of their children. Perhaps it<br />

is a fancy term for bad-mouthing the<br />

other parent – but Hall spends a fair<br />

amount of time teaching clients about<br />

“parental alienation” and the deleterious<br />

long-term effects it can have on<br />

a child’s well-being.<br />

“I’ve learned through years of practice<br />

that some clients do not know<br />

they are doing that,” Hall said. “If<br />

you coach them, offer them literature<br />

and walk them through the different<br />

situations they may face, most of<br />

them realize which word choices and<br />

topics are not appropriate in the presence<br />

of the children.”<br />

This is not to say that Hall doesn’t<br />

fight hard for her clients’ other best<br />

interests – particularly the financial<br />

ones. As far as she is concerned, it’s<br />

not a challenge to separate the children’s<br />

issues from other aspects of<br />

the divorce.<br />

“I treat it more like a business,” she<br />

said. “It is two partners trying to divvy<br />

up the assets in a fair and equitable<br />

way. I separate that from the child<br />

custody issues. It is possible to make<br />

sure your client gets what is due on<br />

the financial side but also to set them<br />

up to become a good co-parent on<br />

the child issues once the attorney and<br />

the judge are no longer a part of their<br />

lives.”<br />

Martha C. Hall & J. Michael Hall<br />

32 East Main Street, Statesboro<br />

www.hlg-pc.com<br />

THE SUIT MAGAZINE - DEC / JAN 2014


y amy m. armstrong<br />

Real Estate<br />

Practiced with Conscience<br />

When Barbara Brown<br />

opened her law firm, Emery<br />

Law & Mediation,<br />

P.A. in Tampa, Florida<br />

in 2006, as an attorney specializing in<br />

real estate matters, she had no clue how<br />

fortuitous the timing would be or what<br />

a dramatic shift she would ultimately<br />

undergo professionally.<br />

It was one year before the 2007 start<br />

of the housing debacle and a year before<br />

the real estate industry saw high<br />

foreclosure rates coupled with plenty<br />

of legal action.<br />

Brown, formerly Barbara Brown-Emery,<br />

parlayed a strong track record representing<br />

the plaintiff side in real estate<br />

court into something she never expected<br />

– a crossover to the defense side.<br />

“When I opened my own firm, I had<br />

a number of referrals from previous<br />

clients,” Brown said. “Once the market<br />

went down in 2007 and 2008, the<br />

realtors we worked with began talking<br />

about clients in distressed situations<br />

such as foreclosure or pre-foreclosure<br />

and these realtors said to me, ‘Hey,<br />

can you help my clients out?’” Brown<br />

thought about it and realized that she<br />

could. “It was like the criminal prosecutor<br />

flipping to the criminal defense<br />

side,” she joked. “We started moving<br />

into defending foreclosures and working<br />

with clients on loss mitigation strategies.”<br />

Brown makes this transition<br />

sound easy, but in reality<br />

it came with an enormous<br />

change in mindset.<br />

The clients she now works<br />

with are in significant financial<br />

distress, riding an<br />

emotional rollercoaster as<br />

they go through the various<br />

not-so-pleasant and<br />

not-so-quick legal processes<br />

potentially resulting in homelessness.<br />

“I try to keep in the back of mind that<br />

these are not just financial, contractu-<br />

al or legal issues for my clients. These<br />

are emotional issues. They are staying<br />

up late at night worrying about these<br />

things. It takes a toll on their relationships,”<br />

she said. “It sounds corny, but<br />

the bottom line of our practice is helping<br />

people. We review their financial<br />

situation and try to provide solutions<br />

that are specifically geared to their goal<br />

– whether that means keeping their<br />

property through restructure or getting<br />

them in the best position possible for a<br />

short sale.”<br />

Brown’s firm offers expertise in the<br />

various areas of foreclosure. When<br />

she began the firm in 2006, it was just<br />

Brown and an assistant. Today, Emery<br />

Law supports its clients with a full time<br />

staff, including a short sale negotiator,<br />

a loan modification specialist, title processor<br />

and legal assistant, along with<br />

administrative staff to support all areas.<br />

Her greatest success is aptly represented<br />

by the case of a former bartender<br />

who had to retire from bartending<br />

for health reasons and fell behind on<br />

his mortgage payments while starting<br />

a new business. Brown helped him stay<br />

in his home as he started a new career.<br />

“We were able to keep him in his<br />

home for four years as he built his new<br />

business. We gave him the gift of time<br />

to get what he needed as far as income<br />

for the loan modification,” Brown said.<br />

“The suc- cess is that we allowed<br />

him to stay in his home while he<br />

moved on with his life.”<br />

This is a prime example of how to<br />

practice real estate law with a conscience,<br />

aptly highlighting the admirable<br />

goal of Brown and her firm – “Fighting<br />

for Justice, One Home at a Time.”<br />

Emery Law serves Tampa Florida<br />

12718 DuPont Circle<br />

Tampa, FL 33626<br />

813-289-8485<br />

www.foreclosureattorney-tampa.com<br />

THE SUIT MAGAZINE p.73


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