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Why the Startup Ecosystem in the Twin Cities has Blossomed, with Diane Rucker, University Enterprise Laboratories

August 9, 2021 by John Ray

MSPBRDianeRuckerAlbum
North Fulton Studio
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Why the Startup Ecosystem in the Twin Cities has Blossomed, with Diane Rucker, University Enterprise Laboratories

Diane Rucker: [00:00:00] Now, the contrast between a really strong ecosystem and one that’s really growing or maybe hasn’t taken off yet is not the individual elements, but it’s the connections across the ecosystem. Does somebody in venture capital know a number of different startups? Have startups been through this before? Do they have connections to corporations who could help them out? Is government actively helping out? And are they connecting them with capital?

Diane Rucker: [00:00:30] And I think if we look back about ten years ago in the Twin Cities, what we had is individually strong elements to that ecosystem. A strong but maybe more inwardly focused university. Corporations that were also strong and growing but not necessarily focused as much on the community. Entrepreneurs in many cases who would go outside of the Twin Cities to start a business not believing that the support was there inside.

Diane Rucker: [00:01:00] What’s happened over, really, about the last six to seven years has been an extensive crossover across that ecosystem and a building up of connections. We’ve brought a number of accelerator programs to Minnesota. TechStars is probably one of the most well-known generator, it focuses on the Midwest and on small concierge type work.

Diane Rucker: [00:01:25] From the TechStars and generator grouping, they’ve added some additional levels of accelerators. So, a generator, for example, includes the G-Alpha, which is, “I have an idea, but nothing more.” The T-Beta, “I’ve got a business idea, but I don’t know how to pitch it yet.” And the Generator Flagship Program, which is, “I’m ready to launch. I’m looking for investors and I’ve got a product. I need the tools to be able to scale my business.”

Diane Rucker: [00:01:55] So, having that across the ecosystem means that the path from idea, to improving it, to a launch phase, is a lot simpler and a lot faster. And the support is there in a way that it wasn’t six to seven years ago. Minnesota, in particular the Twin Cities in Greater Minnesota, has a strength of clusters where people work in retail, and health care, insurance, in logistics, just even to the start. And people move between those. Medical devices is another very strong cluster. What happens when you move between those clusters is you get a lot of ideas moving from retail, to medical device, to health care, to insurance, and the overall region becomes stronger.

Diane Rucker, Executive Director, University Enterprise Labs (UEL)

Diane Rucker is the Executive Director of University Enterprise Laboratories (UEL), a business incubator for early-stage ventures in biotechnology, medical health, and life sciences. Diane is an active part of the growing Twin Cities entrepreneurial ecosystem, serving as a mentor for gener8tor, CleanTech Open, Technovation MN, and Twin Cities Startup Week.

She has an Executive MBA from the MIT Sloan School of Management, and served as a mentor and judge for the MIT 100K competition. She also has an M.S. in Materials Science and Engineering from the University of Michigan, and a B.S. in Materials Science and Engineering from the Massachusetts Institute of Technology. Her recent experience includes a collaboration with MIT’s Trust Center for Entrepreneurship and broad-based business and ecosystem experience around the world, including Europe, Asia, and the Middle East. She also served as the VP of Client Services for Carrot Health, a startup in healthcare analytics, and held leadership roles with Seagate and General Motors.

In her current role, Diane works closely with startup and growth companies, helping them to build and scale a business. Diane serves on several boards, including Towerside Innovation District, the Ramsey County Workforce Innovation Board, the gBETA Advisory Board for gener8tor, and the MIT Sloan Alumni Board.

She and her husband, Derek, live in Apple Valley, Minnesota, with their three (awesome) daughters.

LinkedIn

Listen to her full Minneapolis-St. Paul Business Radio interview here. 


The “One Minute Interview” series is produced by John Ray and in the North Fulton studio of Business RadioX® in Alpharetta. You can find the full archive of shows by following this link.

Renasant Bank has humble roots, starting in 1904 as a $100,000 bank in a Lee County, Mississippi, bakery. Since then, Renasant has grown to become one of the Southeast’s strongest financial institutions with over $13 billion in assets and more than 190 banking, lending, wealth management and financial services offices in Mississippi, Alabama, Tennessee, Georgia and Florida. All of Renasant’s success stems from each of their banker’s commitment to investing in their communities as a way of better understanding the people they serve. At Renasant Bank, they understand you because they work and live alongside you every day.

 

Tagged With: University Enterprise Laboratories

Dennis Jackson, Worx Solutions

August 6, 2021 by John Ray

Worx Solutions
Nashville Business Radio
Dennis Jackson, Worx Solutions
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Worx Solutions

Dennis Jackson, Worx Solutions (Nashville Business Radio, Episode 27)

Working out of spreadsheets to bridge the gap in your internal systems? Dennis Jackson, owner of Worx Solutions, can help. He joined host John Ray to discuss how his work bridges data streams, increases efficiency, improves productivity, and delivers significantly better business results. He also shared some compelling success stories from the small and medium-sized businesses he’s worked with. Nashville Business Radio is produced virtually from the Nashville studio of Business RadioX®.

Worx Solutions

Worx Solutions bridges data streams.

They make workflows easy by bridging the operational gap so that you can wow your customers, communicate better, and drive productivity.  Dennis and his team collaborate with small to mid-size businesses that have a desire to drive efficiency within their organization.

Company website | LinkedIn

Dennis Jackson, Owner, Worx Solutions

Dennis Jackson, Owner, Worx Solutions

Dennis is passionate about helping business leaders gain efficiencies, improve decision-making with better insight and analytics, mitigate risk, and make their businesses and workforces healthier and more productive, and improve your bottom line. This means:

– Stronger data analysis for better decision making

-Improved decision making for better business results

– Efficiency and better business performance

– By transforming your data from spreadsheets to WorX Solutions you will experience significantly better business results.

Dennis has over 20 years of experience in the consumer products, customer service and healthcare industries. He specializes in finding new, better ways to solve problems, and his approach has repeatedly resulted in achieving results at scale, ranging from developing a 255,000 square foot corporate HQ with a budget of $100 million, leading supply chain management initiatives to consolidate purchasing raw materials, and streamlining product SKUs from 275 to 25.

Dennis holds an MBA from Union University.

LinkedIn

Questions and Topics in This Interview

  • Process Flow
  • Operational gaps
  • Reporting
  • Success Story

Nashville Business Radio is hosted by John Ray and produced virtually from the Nashville studio of Business RadioX®.  You can find the full archive of shows by following this link. The show is available on all the major podcast apps, including Apple Podcasts, Spotify, Google, Amazon, iHeart Radio, Stitcher, TuneIn, and others.

Tagged With: business processes, data analytics, Dennis Jackson, Nashville Business Radio, Process Workflow, Worx Solutions

Decision Vision Episode 128: Should I Take More Risk? – An Interview with Amanda Setili, Setili & Associates, LLC

August 6, 2021 by John Ray

Amanda Setili
Decision Vision
Decision Vision Episode 128: Should I Take More Risk? - An Interview with Amanda Setili, Setili & Associates, LLC
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Amanda Setili

Decision Vision Episode 128:  Should I Take More Risk? – An Interview with Amanda Setili, Setili & Associates, LLC

Do you think you understand risk? Whether you do or not, your understanding of risk and how it applies to your business is sure to deepen if you listen to Amanda Setili. Amanda joined host Mike Blake to consider what risk is, if and how we should take risks professionally and personally, the consequences of taking risks, and many other questions. In her words, “To be able to deal with uncertainty effectively and manage risks effectively is probably the number one thing that companies do to succeed in a fast-changing world.” Decision Vision is presented by Brady Ware & Company.

Setili & Associates, LLC

Setili & Associates provides experienced strategic and management consulting to Fortune 500 and growing companies, to generate profits, improve performance, and drive growth.

Clients call Setili when they would like to:

  • Develop and launch innovative new products, services, and platforms
  • Increase margins, and identify and expand profitable segments
  • Gain top service rankings and create differentiated customer experiences that drive loyalty and word of mouth
  • Enter new channels and make existing channels more productive
  • Develop new business models and expand into new markets
  • Achieve greater organizational performance and commitment

Company website | LinkedIn | Facebook | Twitter

Amanda Setili, President, Setili & Associates, LLC

Amanda Setili
Amanda Setili, President, Setili & Associates, LLC

Amanda Setili is president of strategy consulting firm Setili & Associates. An internationally acclaimed expert on strategic agility®, she gives her clients—including Cardinal Health, Coca-Cola, Delta Air Lines, The Home Depot, UPS and Walmart—unbiased and laser-clear advice on how to respond quickly and intelligently to a changing marketplace.

Setili has advised organizations in industries as diverse as consumer and industrial products, financial services, technology, non-profit, and retail. Her work has taken her throughout North America, Europe and Asia.

Before starting Setili & Associates, she served as director of marketing for Global Food Exchange, consulted for McKinsey & Company (where she planted seeds that became the firm’s Kuala Lumpur office), served as chief operating officer of Malaysia’s leading Internet services company, and developed products and optimized manufacturing operations for Kimberly-Clark.

Setili is author of Fearless Growth: The New Rules to Stay Competitive, Foster Innovation, and Dominate Your Markets(Career Press, 2017) and The Agility Advantage, How to Identify and Act On Opportunities in a Fast-Changing World (Jossey-Bass, 2014). Setili served as an adjunct professor at Emory’s Goizueta Business School, is a member of the Marshall Goldsmith 100 coaches program and the Million Dollar Consulting Hall of Fame.

She earned her degree in chemical engineering from Vanderbilt, and her MBA, with distinction, from the Harvard Business School. She is past president and board chair of the Harvard Business School Club of Atlanta.

LinkedIn

Mike Blake, Brady Ware & Company

Mike Blake, Host of the “Decision Vision” podcast series

Michael Blake is the host of the Decision Vision podcast series and a Director of Brady Ware & Company. Mike specializes in the valuation of intellectual property-driven firms, such as software firms, aerospace firms, and professional services firms, most frequently in the capacity as a transaction advisor, helping clients obtain great outcomes from complex transaction opportunities. He is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

Mike has been a full-time business appraiser for 13 years with public accounting firms, boutique business appraisal firms, and an owner of his own firm. Prior to that, he spent 8 years in venture capital and investment banking, including transactions in the U.S., Israel, Russia, Ukraine, and Belarus.

LinkedIn | Facebook | Twitter | Instagram

Brady Ware & Company

Brady Ware & Company is a regional full-service accounting and advisory firm which helps businesses and entrepreneurs make visions a reality. Brady Ware services clients nationally from its offices in Alpharetta, GA; Columbus and Dayton, OH; and Richmond, IN. The firm is growth-minded, committed to the regions in which they operate, and most importantly, they make significant investments in their people and service offerings to meet the changing financial needs of those they are privileged to serve. The firm is dedicated to providing results that make a difference for its clients.

Decision Vision Podcast Series

Decision Vision is a podcast covering topics and issues facing small business owners and connecting them with solutions from leading experts. This series is presented by Brady Ware & Company. If you are a decision-maker for a small business, we’d love to hear from you. Contact us at decisionvision@bradyware.com and make sure to listen to every Thursday to the Decision Vision podcast.

Past episodes of Decision Vision can be found at decisionvisionpodcast.com. Decision Vision is produced and broadcast by the North Fulton studio of Business RadioX®.

Connect with Brady Ware & Company:

Website | LinkedIn | Facebook | Twitter | Instagram

TRANSCRIPT

Intro: [00:00:01] Welcome to Decision Vision, a podcast series focusing on critical business decisions. Brought to you by Brady Ware & Company. Brady Ware is a regional full service accounting and advisory firm that helps businesses and entrepreneurs make visions a reality.

Mike Blake: [00:00:21] Welcome to Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we discuss the process of decision making on a different topic from the business owners’ or executives’ perspective. We aren’t necessarily telling you what to do, but we can put you in a position to make an informed decision on your own and understand when you might need help along the way.

Mike Blake: [00:00:41] My name is Mike Blake, and I’m your host for today’s program. I’m a director at Brady Ware & Company, a full service accounting firm based in Dayton, Ohio, with offices in Dayton; Columbus, Ohio; Richmond, Indiana; and Alpharetta, Georgia. Brady Ware is sponsoring this podcast, which is being recorded in Atlanta per social distancing protocols. If you’d like to engage with me on social media with my Chart of the Day and other content, I’m on LinkedIn as myself and @unblakeable on Facebook, Twitter, Clubhouse, and Instagram. If you like this podcast, please subscribe on your favorite podcast aggregator, and please consider leaving a review of the podcast as well.

Mike Blake: [00:01:19] So, today’s topic is a topic I’m very excited about, because it’s a topic that I, frankly, do a lot of thinking about and is central to what I purport to do for a living. And that topic is, Should I take more risk? And the reason I’m so intrigued by this topic is because, frankly, I think risk gets a bad rap. I think it gets a bad rap because it’s misunderstood. And I think it gets a bad rap, frankly, because it’s not very sexy. And it gets a bad rap because it’s not very visible, it’s not very high profile.

Mike Blake: [00:02:01] But when you think about risk in business and, I think, in life, risk is an overarching and underlying variable that impacts or should impact every decision that we make. And risk is often viewed negatively. We think of risk as something that is always to be avoided. Conversely, we admire the people who are risk takers.

Mike Blake: [00:02:35] As somebody who has traveled abroad quite a bit, I’m frequently asked in my travels, “What is it that makes Americans different from everybody else?” And I think there’s really one thing that makes Americans different from everybody else, and that is that we treat the entrepreneur as a folk hero. There’s no other society that I’ve been to, that I’ve studied, that does it quite the same way that we do. And I think we treat the entrepreneur as a folk hero because we admire their willingness to take risk. And by and large, in our economy, we are okay with rewarding people handsomely who take risks and benefit from that risk paying off, basically.

Mike Blake: [00:02:35] But at the same time, risk is one of these things that I think is highly underappreciated. And on that same token, I’m asked pretty frequently, actually, you know, “How do I improve the value of my business in the short term?” Thinking of selling or I want to make it a better asset to leave to my children or to somebody else, how do I make it more valuable? And the answer that I think most people expect are, “Well, make your company more profitable or find a way to make it grow.” And those things are fine as far as they go, except those things are a lot easier said than done. It’s not that easy to grow a company. It’s not that easy to make a company more profitable. Those are hard things to do.

Mike Blake: [00:04:17] But the thing you almost never hear somebody saying, is my stock answer, is, “Well, figure out a way to de-risk the business. Take what you’ve got and make it more reliable, more resilient, more predictable.” And that in and of itself is going to make the company more valuable. And I would argue and I think I could show you the math to do this for an audio, so I’m not going to inflict that upon you. But I can very easily illustrate with math that if you can decrease the risk by, say, two percent, you will improve the value of your company more than if you increase growth or profitability by two percent. But, again, it’s not sexy.

Mike Blake: [00:05:02] The chief risk officer never appears on Bloomberg television, has never profiled in The Wall Street Journal, at least very rarely. In spite of the fact that we are currently involved in emerging from – I call this – a trans-pandemic period, I think that’s probably still out, we’re still in this this pandemic period where our nature, our very relationship with risk and the nature of risk in our society and our lives, is just different and I think irreversibly so.

Mike Blake: [00:05:33] And so, when our current guest comes on – and we had a conversation earlier and she wanted to talk about risk, I just jumped at the opportunity because I think it’s so important and it’s really not given its due. And so, it’s my pleasure to introduce Amanda Setili, who is president of strategy consulting firm Setili and Associates. Setili and Associates provides experience, strategic, and management consulting to Fortune 500 and growing companies that generate profits, improve performance, and drive growth.

Mike Blake: [00:06:05] An internationally acclaimed expert on strategic agility, she gives her clients, including Cardinal Health, Coca-Cola, Delta Airlines, the Home Depot, UPS, and Walmart- you might have heard of them – unbiassed and laser clear advice on how to respond quickly and intelligently to a changing marketplace. Amanda is also author of Fearless Growth: The New Rules to Stay Competitive, Foster Innovation, and Dominate Share Markets; and the Agility Advantage: How to Identify Opportunities and Act on Opportunities in a Fast-Changing World.

Mike Blake: [00:06:36] Amanda served as an adjunct professor at Emory’s Goizueta Business School, is a member of the Marshall Goldsmith 100 Coaches Program and the Million Dollar Consulting Hall of Fame. Amanda earned her degree in chemical engineering from Vanderbilt and her MBA with distinction from the Harvard Business School. She is past president and board chair of the Harvard Business School Club of Atlanta. Amanda Setili, welcome to the program.

Amanda Setili: [00:07:00] Thanks so much, Mike. It’s a pleasure to be here.

Mike Blake: [00:07:04] So, Amanda, I want to lead off because, you know, we haven’t known each other that long. But the thing that struck me from our first conversation is, you and I are kindred spirits, I think, in one regard in that we really find risk fascinating and conversations about risk to be very impactful. And I’d love to hear your take. You’ve heard mine in my opening monologue. But I’d love to hear your take on why risk interests you. Why is it important? Why do people need to understand it better?

Amanda Setili: [00:07:37] Two main reasons. One is, I work mainly with big companies. And big companies do what they do very well and very consistently. So, they’ve been historically good at managing risk, but they’re really bad at taking a risk of entering into a new market or learning something new, building new capabilities, dealing with the changes that are coming at them so fast in the market today. Just in terms of the way customer behaviors are changing fast, the way competition is changing fast, the way competition can come out of nowhere, which they’re used to be able to do as easily.

Amanda Setili: [00:08:14] And the unwillingness to take risks, whether either because of trying to make sure to make quarterly earnings promises that they’ve made, or fear of having to lay people off, or fear of not being able to build new capabilities fast enough. That fear of the risks hold so many companies back from being successful. And you can see tragedies of large companies who just lose their way and don’t adapt quickly enough to the market change.

Mike Blake: [00:08:47] Yeah. And that’s really interesting, we both can probably name numerous examples, but the one that comes to mind – of which I only learned fairly recently, but it’s such a shocking story – many people don’t realize that Kodak had invented compact flash storage many years before it actually became widely available in the marketplace. But they were so afraid to risk disrupting their own industry, they wound up eventually being effectively consumed by the digital photography market, that they had every opportunity to dominate by virtue of patent protection. And that, to me, is an object lesson of how a company killed itself by not taking enough risk.

Amanda Setili: [00:09:34] Absolutely. It’s like the perfect story to illustrate that exact point, because they did invent digital photography, but they were so intent on protecting their film category that they just couldn’t step into that territory.

Amanda Setili: [00:09:49] So, I said I was going to tell you two things and I didn’t tell you the second one. The second reason, I think is important and interesting, is, because most companies don’t do a good job at managing risk. They do a good job at seeing the risk, but they don’t do a good job at managing the risk. They flee from risk without just saying, “There’s steps we can take to manage this.”

Amanda Setili: [00:10:11] So, one of the stories that I think is illustrative of this is, back when Elon Musk first started Tesla, he said, “There’s only a 50/50 chance that I’ll be successful.” But what he did was he said, “So, why would I not be successful? Maybe people will have range anxiety, so I’ll build a car that instead of only can go 80 miles on a battery, can go 350. I’ll build these superchargers going up every major highway corridor.” He said, “Why else would they be worried? They will be worried about safety, so I’ll win the top safety ratings. Why else would they be worried? They’d be worried about resale value.”

Amanda Setili: [00:10:48] So, he even, for a time, promised to buy their Tesla back for a price pegged to the price of a certain Mercedes model. So, he just said, “Okay. It’s risky. There’s only a 50 percent chance of success. Figure out what the risks are and address each of them very explicitly.” And that’s why he’s been quite successful.

Mike Blake: [00:11:10] I love that Elon Musk story. I hadn’t heard it before. But I think it’s brilliant and a couple of business geeks like us, I think, can appreciate sort of the subtle genius and that buy back part. Because they’re basically then selling a car with a built-in protective put. I mean, it’s just classic hedging.

Mike Blake: [00:11:32] So, I want to come back to this, but before I go too far off the deep end with you, even though it’s really tempting to do so, I want to make sure that everybody understands, our listeners understand, when we say risk, what exactly does that mean? So, if I could maybe, please, ask you to give your definition of risk.

Amanda Setili: [00:11:52] My definition is just that you have uncertainty about the outcome. That’s all it is. There’s many different sources of risk. But the bottom line is you’re not sure it’s going to work.

Mike Blake: [00:12:03] Now, I love that definition. And for what it’s worth coming from me, I mean, to me, that definition shows why you’re an expert on risk. Because I think when most people hear the word risk, they automatically think of the definition of risk being that risk is the possibility that something will go wrong. But you said it differently and I think correctly, which is, it’s simply the risk that something will go differently than how you anticipated. And that’s a massive distinction, isn’t it?

Amanda Setili: [00:12:37] Right. Because there’s always an upside too. So, there are things that are uncertainty about the outcome that are actually on the positive side. And if you don’t recognize what might happen better than what you expect, you’re never prepared to take advantage of your good luck.

Mike Blake: [00:12:57] So, you said something in the opening question, which, again, I just think is so smart that I want to make sure that we hit on, and that is that, you described many companies as failing to manage risk because instead they avoid risk. And there’s a subtle but important distinction there I’d love you to go into, if you would. And that is, why is avoiding risk not the same as managing risk?

Amanda Setili: [00:13:29] Well, they’re completely different. So, avoiding risk is, “Oh, I don’t know what’s going to happen. I’m afraid. I better not do anything.” Managing risk is, “Oh, I don’t know what’s going to happen. What could affect what might happen?” List those things out and then say, “What can we do to manage each of these? What can we do to make it more likely that the good thing is going to happen and less likely that the bad thing is going to happen?” And then, be very explicit about assigning each of those risk to somebody who can make sure that that risk is managed well.

Amanda Setili: [00:14:07] So, for example, you’re launching a new product. What could go wrong? The market fails to understand it. Our call center gets overwhelmed with calls. The sales force is incapable of selling it or is hesitant to sell it because it cannibalizes another product. Just list these things out and then say, “So, what are we going to do about each of them? And who’s in charge of managing that risk? If we’re worried about the call center being overwhelmed, can we get some backup capacity lined up? If we’re worried about the sales people being unwilling to sell it because it cannibalizes something else, give them some kind of override on their commission?”

Amanda Setili: [00:14:48] All of these things could be managed. And at the same time, when you talked about, you know, uncertainty about the outcome can also be on the upside, what if this goes even better than we expect? Do we have our suppliers organized to be able to sell us more supply than what we thought? Do we have the ability to expand geographically faster than what we were anticipating? Do we have the ability to make the biggest PR buzz out of anybody that likes our product that we didn’t expect to like it? You know, there’s all kinds of things that can go right. And if you plan for them, you get to jump on it and take advantage of them.

Mike Blake: [00:15:27] So, you have a great pedigree working with brand name companies. And, clearly, the subject comes up when you’re working with them. Why, in your mind, do large companies struggle so much with risk management? Is it something that’s cultural? Is it a misalignment of economic incentives or some sort of pathology? What, in your mind, kind of drives that?

Amanda Setili: [00:15:52] Two things. One is the incentives usually incent you to do the same thing that you did last year plus five or ten percent. And if you don’t do that, you’re in big trouble, you don’t make your bonus or you might get fired or whatever. And if you do way better than that, it’s not necessarily as big of an advantage. So, the incentives tend to be very much disincenting taking risks. The second thing is they’re just sloppy. They’re not disciplined about how they think about risk and how they manage it.

Mike Blake: [00:16:32] So, what, in your mind, when you work with companies like that and you present them with the case that they should be taking on more risk than they are, how do you position that argument? Or what does that argument typically look like that a given entity, person, organization should take on additional risk?

Amanda Setili: [00:16:53] Well, first of all, we find ways to manage it where it’s not all that risky. So, understand the market better. Maybe make a small experiment before you make a big experiment. Play several different small bits at once, which is a hedging strategy. Isolate the risk into a certain area of the company where it can’t damage the other areas of the company. So, there’s a lot of things that we can do to manage risk that’s on the plus side on the kind of way to get them to kind of emotionally accept the risk more. It’s often a case of saying, “If you don’t do this, you’re going to be left in the dust.” I mean, they know that, but sometimes they have to be reminded.

Mike Blake: [00:17:45] One of the basic concepts of behavioral finance is the concept or the construct that humans seem to be hardwired against taking risk. And in particular, they’re hardwired to avoid loss or with this notion of loss aversion. Which, I know you know what this means, but our listeners may not. It means that people miss more on a dollar that they actively lose than they do on a dollar that is an opportunity missed. And that sort of creates this perception of risk asymmetry. Have you encountered that as well? And if so, how do you get people to confront that and look at risk in a more clinical way?

Amanda Setili: [00:18:38] Well, first of all, you do want to make sure you don’t lose anything that you can’t afford to lose. So, you don’t want to get in a position where you can’t pay your mortgage. So, there’s a certain level of risk that you just can’t afford to take and so be very explicit about that. But then, I think, thinking about expected value, which is the percent chance that something’s going to happen, times of value that would come to you if it did happen is pretty helpful. And just being very explicit about there is an upside here. The upside is worth it. There’s some downside. But if you look at the expected value, it’s probably a favorable thing to do. And if you don’t do it, you’re going to be in a slow decline.

Mike Blake: [00:19:29] So, it leads nicely to my next question and we’ve touched upon this a little bit with the Kodak story, but I’d like to make this part of the discussion explicit. And that is, so what if people don’t take enough risk? What are the consequences of not taking enough risk?

Amanda Setili: [00:19:49] Well, you mentioned people, and so I think that it would be interesting to take this out of a corporate context and just into a human being context. You take risk when you decide to ask somebody on a date. You take risk when you decide to get married. You know, 50 percent of marriages end in divorce, do you say, “I better not do that because mine might be one of the 50 percent?” Or do you say, “This is my chance for a wonderful life with this wonderful person, I’m going to go for it even with the risk.” What’s was your question exactly?

Mike Blake: [00:20:25] What do you miss out on when you’re not taking enough risk?

Amanda Setili: [00:20:31] A lot of stuff. You have fewer experiences. Fewer experiences or opportunity to grow your business. Fewer opportunities to fully live your life. You name it. You miss out on a lot if you’re too risk averse.

Mike Blake: [00:20:49] So, another question I wanted to cover is, you know, there are varying degrees of risk and you talked about you never want to bet your mortgage or put anything on the line you can’t afford to lose. And, of course, that’s a relative construct. But the question I’d like to ask you to engage with is, is high risk always bad? Is something that’s high risk always something that you should walk away from? Or are there cases in which, you know, something that’s high risk may actually be sensible?

Amanda Setili: [00:21:30] Well, if you just look at investments, for instance, you tend to have a higher return for the higher risk. So, it’s definitely not always bad. You also never would achieve anything truly remarkable and knock it out of the park if you didn’t take risks. Because we would have never gone to the moon if we didn’t accept some risk, for instance. So, high risk is certainly not always bad. But high risk without managing the risk is probably always bad. So, high risk without considering the consequences, mitigating what you can mitigate, taking into account how can we reduce the risk that we see, that is bad.

Mike Blake: [00:22:15] And, you know, that sounds like there’s an important distinction to be made there, if I can semi-put words in your mouth. It seems to me that a risk taker is somebody who takes risks but manages it, can be contrasted with someone who’s reckless that also takes risks. But they don’t manage it and maybe they don’t even fully understand the risks that they’re taking.

Amanda Setili: [00:22:39] That’s exactly it. They don’t understand or don’t think about it. And that probably happens more often when the risk is long term and the benefit is short term. So, if I eat a piece of cake with ice cream every single day, my risk is that I’m going to become obese, and I’m going to have diabetes, and I’m going to die early. But people don’t take that into consideration when they serve themselves that extra helping of dessert.

Mike Blake: [00:23:09] Well, that’s true. And that’s interesting, because, you know, there’s another element. I typically think of risk in terms of two dimensions. One dimension is, what is the likelihood of a bad outcome? And then, B, how bad is that bad outcome? Or what is the distribution of bad outcomes look like and how bad can it go? But a third dimension to that, actually, is the timing of risk. And some risks are accretive over a long period of time and some are instantaneous. And I guess that’s something that also is an important part of the discussion and maybe even gets back to your Fortune 500 clients, where you talk about incentives. Can there be perverse incentives to take risk because the negative impact of the risk may not manifest itself for years after that person’s tenure at the company has long since ended.

Amanda Setili: [00:24:14] That’s exactly right. So, you know, if I’m in a job, I’m the president of a division, and I’m being incented based on this quarter’s results or this year’s results, I don’t want to risk anything for something that’s going to happen after I retire in a few years. Why would I want to do that? So, that’s the kind of thing you need to watch out for when you’re managing a company. But, also, some of the benefits occur way down the line. Well, I guess that’s the same thing that I’m saying, is that, in companies, often the cost is now and the benefit is later.

Mike Blake: [00:24:52] Well, you know, and I think that’s really important. And I have a hypothesis that one of the reasons that private equity and venture capital struggles is because their return thresholds have become much more compressed. And this notion that most venture and private equity funds have a ten year lifespan. That may very well just not be enough time for companies to mature to the point where they can generate a return. And indeed, there’s data out there to suggest that as you approach a 20 year time horizon for a company, that’s when you kind of optimize your risk adjusted return.

Mike Blake: [00:25:31] But on the other hand, if your bonuses are calculated year-to-year or you’re only going to be in that fund for five years or whatever the circumstances are, it probably motivates not industry perverse behavior, for example, to try to harvest companies before they’re fully baked, which is not doing the investors any favors. And that’s just an illustration of that mismatch between the risk and return time horizons.

Amanda Setili: [00:25:59] Right. So, public companies, I think, have even more of a problem with short term thinking because they have to deliver on their earnings expectations every single quarter, and they get really dinged by Wall Street if they don’t do that. Whereas, at least with a private equity firm, if you say we’re shooting for a five year horizon, at least in years one, two and three, you can let it go negative on EBITDA, if that’s the right thing to do, for instance. Because you know that it’s going to pay off in the five years. So, if private equity firms can stay a little bit flexible of what’s the right period of time for this investment to turn positive, then they can protect themselves from that.

Amanda Setili: [00:26:45] But you look at somebody like Amazon, Amazon didn’t make money for years and years and years. They just kept investing. And I’ll never forget that way back in about 2001, I was talking with one of my classmates from Harvard Business School who was way up in the chain at Amazon working closely with Jeff Bezos. And somebody in the crowd said, “When will you guys stop losing money?” And she said, “Well, it only costs us $4 to acquire a new customer. When would you stop?” I just thought that’s a really, really smart way of putting it. Because if it’s only $4 to acquire a new customer, keep doing it until you have everybody in the world using Amazon. And then, you’ve cornered the market, which is kind of what they did.

Mike Blake: [00:27:33] Well, I hadn’t heard that story, but you’re right. I mean, the logic there is very hard to escape, isn’t it?

Amanda Setili: [00:27:39] Yes.

Mike Blake: [00:27:40] So, let’s say that somebody listening to this is starting to ask themselves, “Hey, I wonder if our company is taking enough risk.” What are some signs that a company should be taking more risk or at least should consider taking on more risk than it currently is? What are the warning signs?

Amanda Setili: [00:28:04] If you’ve got a lot of change in your market and you haven’t done anything about it is one of the key things that I look at. If you haven’t invested in any innovation is another thing. Innovation can be product innovation, but it can also be systems integration, process innovation. Even simple stuff like changing the script that your call center is typically a sign that you’re not taking enough risk. If you’re not talking about where do we need to take more risk. And if you don’t have discipline systems for managing risk, that probably means you’re not taking enough risk because you don’t have it in your DNA of how do we think about risk?

Amanda Setili: [00:28:51] You know, because the world is changing fast, the companies that can deal with uncertainty effectively, that’s a huge competitive advantage. To be able to deal with uncertainty effectively and manage risk effectively is probably the number one thing that companies can do to succeed in a fast changing world.

Mike Blake: [00:29:14] I’m absorbing that statement. I think you’re right. And my perspective is one of corporate finance. And I refer to the law of gravity and finance, which says that, high return only accompanies high risk. And if you generate a high return from something that you thought was low risk, you probably just got lucky. And you misevaluated the risk as being lower than it actually was.

Mike Blake: [00:29:46] And I think what you’re describing is fairly closely connected with that. You know, if you want to outperform, then you must do something different from what the rest of the market is doing. Otherwise, you just simply fall into the trap of reversion to the mean. I mean, you might have temporary day-to-day, month-to-month, even year-to-year variability or noise, if you will. But the ending in the long run, you cannot possibly outperform everybody else if all you do is what everybody else is doing.

Amanda Setili: [00:30:23] Exactly.

Mike Blake: [00:30:27] In your mind, is all risk created equal? Or are there different kind of flavors of risk, if you will?

Amanda Setili: [00:30:37] Yeah. There’s definitely different flavors. One major flavor is, are we capable of doing this? Another major flavor is, how are other entities or other people going to respond to what I’m doing? Another is, just what are the consequences of what I’m going to do? So, I think, yeah, there’s a number of different categories that you can think about and each can be managed.

Mike Blake: [00:31:04] So, in your mind, do you have a distinction of what a good risk is versus a bad risk? Is there such a thing as good versus bad risk?

Amanda Setili: [00:31:14] A good risk is something that you can at least name, and that you at least have either some kind of plan to reduce it or manage it. Or, at minimum, monitor it so that you can respond and you have a plan for how to respond if it starts going going badly. A bad risk is the risk you don’t even know is there.

Mike Blake: [00:31:39] The famous unknown unknowns, right?

Amanda Setili: [00:31:42] Yeah. Right.

Mike Blake: [00:31:44] Because those bad risks are almost kind of like open-ended liabilities. There may be no limit to how bad that outcome could be.

Amanda Setili: [00:31:57] Right. Or it’s something that maybe you sort of think might happen, but you don’t really think it’s going to happen, so you don’t worry about it. Like, pandemics, which we all knew. I had a friend at the CDC who, ten years ago said, “We’re way overdue for a pandemic, a worldwide pandemic.” I just go, “Yeah. Yeah. It probably won’t happen.” And here we are.

Mike Blake: [00:32:19] Here we are. So, here’s a question I want to ask you, I hope you’ll agree it’s an interesting one. And that is that, if you take a risk and it doesn’t produce a positive outcome, does that mean that the act of taking the risk was automatically bad?

Amanda Setili: [00:32:46] Definitely not. I mean, there’s some really good speakers on this topic, they’re often professional poker players. And they say, “You know, you calculate your odds and you place your bet. Of course, you don’t always win because the odds were not 100 percent that you were going to win. So, of course, you know that you’re not always going to win. But don’t let the evidence from your failures teach you that you made a bad decision in the first place.”

Mike Blake: [00:33:17] Yeah. And that last point, I think, is so important because, again, it ties back to psychology, at least the things I’ve read. I’m no expert in psychology. But, again, we as people seem to be hardwired to very clearly remember our losses and failures. Whereas, we don’t dwell as much or remember or even place as much value in our successes. And in that regard, it can dissuade people just because you have one bad outcome. It can dissuade people from doing more of the right thing.

Amanda Setili: [00:33:52] I think that’s really true. I think people learn from their failures and that can be kind of bad. Because, oftentimes, when you fail, you think, “Oh, that was because of something that I did that I made a bad decision.” And when you succeed, unfortunately, you often think, “Oh, I got lucky. It wasn’t because of what I did. I just got lucky.” So, yeah, I think that no matter what you do, you’re being trained every day. And you’re training your employees every day. And, often, you’re training them things that you really shouldn’t be training them.

Mike Blake: [00:34:27] Oh, you know what? That’s interesting. What are some examples of things that somebody might be inadvertently training their employees themselves be too risk averse?

Amanda Setili: [00:34:39] A typical one is, you start a new venture within your company because you think that you need to enter a new market or something. And you assign somebody to manage that, they try their hardest. But, you know, it’s hard. Stuff goes wrong. They fail and they either get switched into a different department, or demoted, or even maybe fired, or at least not rewarded very well. But maybe they should have been rewarded well because maybe they did everything that they could have possibly done to make that successful. And the outcome was uncertain and the outcome didn’t go their way. But once you said a couple of examples like that, boy, people are watching. Nobody wants to go near a project like that anymore.

Mike Blake: [00:35:26] Yeah. You know what? That’s really interesting. And I wonder if we’ll ever get to a point where American businesses – and it may not be unique to America, but something I can comment on intelligently – actually celebrate failures? Because, first of all, failures are great teachers, number one. And number two, because the nature of risk that things just aren’t always going to go your way. And I’m curious if you agree with us or not, really, in order for risk management to really take hold and to really make an impact, you almost have to do it a lot. You have to accumulate enough of a sample size so that the impact of the risk management becomes pronounced. And you can actually attribute performance to something other than simple dumb luck of a small sample size.

Amanda Setili: [00:36:28] Right. Right.

Mike Blake: [00:36:30] And on that, I’m curious if you have an opinion on this. On that note, that brings to mind the archetypal Google, now Alphabet, approach to new projects where they like to fail fast. And our conversations made me start to wonder about that particular approach. I think many people idolize Google for the fail fast approach. It’s gutsy. It’s splashy. It’s high profile and everything else. But on the other hand, I wonder if, actually, that could be kind of a perverse or unhealthy form of risk aversion because you may not be writing things out as much as you should.

Amanda Setili: [00:37:18] So, what I think is important is being very clear about what you need to learn from each experiment that you run, and what metrics you’re going to be watching, what behaviors you’re going to be watching, what you’re really wanting out of it. And fail fast, part of it is really good, which is saying, if something isn’t going well and it’s not going to turn around, it’s not going to do any better. Kill it right away, and document what you learned from it, and then try something else.

Amanda Setili: [00:37:51] Because sometimes, especially big companies, they’re slow anyway. It’s a long time between getting the management team together. They just don’t make decisions fast. So, they let this thing linger because they don’t want to embarrass the person who runs it or they don’t want to have to go back to Wall Street and say, “We told you this is going to be successful, but it wasn’t.” So, they let these things linger hoping that they’ll turn around and continuing to pour not quite enough money into them to make them successful, maybe. And so, because there’s a stigma against failure, they don’t let things fail.

Amanda Setili: [00:38:28] So, I think, actually the concept of fast failure is healthy for Google. And I like the fact that they just keep putting different stuff out there and seeing if it flies. And if it doesn’t, they kill it. You know, Facebook is famous for that, too. They do A/B testing, hundreds of different A/B tests every day. And they let almost anybody – I don’t know about almost anybody – but there’s a lot of people who have the decision rights to be able to conduct A/B tests and to learn from them very, very, very quickly.

Mike Blake: [00:38:59] We’re talking with Amanda Setili. And the topic is, Should I take on more risk? You know, we’re both talking kind of a good game here about risk, if you will. I wonder if you’d be willing to share with the audience an instance in which you took a pretty significant risk. And, you know, whether that was a success or a failure, the impact of taking that risk and the lessons that you learned from doing that for yourself or your own company.

Amanda Setili: [00:39:28] You really got me thinking with that one. I guess, that writing my first book was kind of a risk because I invested a lot of time for many months doing that and I didn’t know if this was really important to do, so that was a risk and it did pay off.

Amanda Setili: [00:39:44] I don’t know if I’ve told you, Mike, that my husband and I are really, really into kiteboarding. And in July in kiteboarding, we tend to only get wind when there’s a thunderstorm. So, we’re always watching the radar and trying to figure it out. And, you know, back in March, April, or May, when we get more wind, we might say, “Oh, we’re going to pack up the kites and go home if the lightning is within 20 miles.” And then, it gets to July and you’re, like, desperate for wind. There’s been no wind for seven days or whatever you’ve been waiting for wind. And there’s wind, but the lightning is within ten miles and you go, “Well, maybe I’ll just go out there for a little while.” So, that’s an example.

Mike Blake: [00:40:32] Well, you know, that’s an interesting story and actually is illustrative, I think, of a dimension of risk where, you know, the same risk is there. But because your perceived return was higher, you then determine that it was a risk that was worth taking. I do think there’s a business application to that, is that, higher risk is okay as long as you’re being adequately compensated with the potential upside of taking that risk alongside with, of course, management of downside as well. And in your case, that upside manifested itself with, I think, relative scarcity, because the downside was that if you didn’t take the risk, you might have just missed out on your entire kiteboarding season and have to wait another year.

Amanda Setili: [00:41:24] That’s right.

Mike Blake: [00:41:30] Now, a common approach to managing risk and finances where I live is this concept called diversification. I’m sure you’re familiar with it, too. Can diversification as a risk management tool be applied outside of the direct investment world?

Amanda Setili: [00:41:51] Well, yeah. We do that all the time, where, you know, you are trying to enter a new market, let’s say. And instead of just doing it one way, you might run three to five different experiments. We’ll try different things in different markets. We’ll try different ways of going to market. We’ll try different sales pitches for this product. So, I think that diversification, in that sense, is just trying different things and being very systematic about what you try and what you need to learn from your trials.

Mike Blake: [00:42:27] So, Amanda, we’re running out of time, and this is a topic that, frankly, we could do a whole semester on risk. Maybe we should. But there are probably questions that I didn’t get to or questions that somebody would have liked us to go deeper into but we didn’t. And if that’s so, can people contact you with additional questions about this topic? And if so, what’s the best way for them to do that?

Amanda Setili: [00:42:50] So, you can certainly email me at amanda@setili.com, S-E-T-I-L-I. And reach out to me on LinkedIn. I’ve got a weekly newsletter there which you can subscribe to, which I address issues like this. And, actually, I think both of my books have a chapter on managing uncertainty, and how it’s so important, and how people who don’t accept uncertainty are probably not going to do very well. So, get a hold of those and you might be able to get some additional insight. Connect with me on LinkedIn and my website.

Mike Blake: [00:43:29] Do you want to give us the website domain?

Amanda Setili: [00:43:34] The website is just setili.com, S-E-T-I-L-I.com. There’s lots of information there, and videos, and other podcasts, and things like that.

Mike Blake: [00:43:44] Very good. Well, that’s going to wrap it up for today’s program. I’d like to thank Amanda Setili so much for sharing her expertise with us.

Mike Blake: [00:43:52] We’ll be exploring a new topic each week, so please tune in so that when you’re faced with your next business decision, you have clear vision when making it. If you enjoy these podcasts, please consider leaving a review with your favorite podcast aggregator. It helps people find us that we can help them. If you’d like to engage with me on social media with my Chart of the Day and other content, I’m on LinkedIn as myself and @unblakeable on Facebook, Twitter, Clubhouse, and Instagram. Once again, this is Mike Blake. Our sponsor is Brady Ware & Company. And this has been the Decision Vision podcast.

 

Tagged With: Amanda Setili, Brady Ware & Company, Decision Vision, Fearless Growth, manage risk, Mike Blake, risk, risk advisory, risk advisory services, Settili & Associates, The Agility Advantage

The DSO Deal – What You Better Know

August 6, 2021 by John Ray

DSO-Deal
Dental Law Radio
The DSO Deal - What You Better Know
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DSO-Deal

The DSO Deal – What You Better Know (Dental Law Radio, Episode 15)

Within the next few years, it’s likely that 60% to 70% of all dental practices will be owned by a DSO. That’s what some industry observers are predicting, and if that’s the case, says host Stuart Oberman, you’d better understand the elements of what’s involved in an acquisition. From the letter of intent to the closing, Stuart covers the key highlights in this episode. Dental Law Radio is underwritten and presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®.

TRANSCRIPT

Intro: [00:00:02] Broadcasting from the Business RadioX Studios in Atlanta, it’s time for Dental Law Radio. Dental Law Radio is brought to you by Oberman Law Firm, a leading dental-centric law firm serving dental clients on a local, regional, and national basis. Now, here’s your host, Stuart Oberman.

Stuart Oberman: [00:00:26] Hello everyone, and welcome to Dental Law Radio. The topic of the day, DSO. The DSO deal, what you better know. I can’t tell you how many times a day, a week, a month we get calls from buyers or sellers. “I want to form A DSO. I want to scale a DSO. I want to sell the DSO. I got private equity, I want to be a DSO. I want to buy ten practices. I want to sell my practice.”

Stuart Oberman: [00:00:57] And I will tell the doctors, one, you got to take a step back – I don’t care if you’re buying, selling, merging, acquire – you have to understand the nature of the deal. It is not like it is ten years ago. Honestly, it’s not like it was five years ago or even, frankly, two years ago. We’re seeing a whole different metrics in there in the world. There’s a whole cottage industry now that does nothing but DSO deals, whether it’s law firms, consultants, buying, selling. Everyone is into the DSO deal. I think they estimated that, probably, within the next couple of years 60 to 70 percent will be group-owned practice. Now, we’ve got to understand what that means.

Stuart Oberman: [00:01:46] What does a group-owned practice mean? So, you got different levels. You got your docs, “I own maybe one to five.” Then, you got your mid-levels, you know, maybe it’s 10 to 20. Then, you got the big boys, maybe 20 to 40. Then, you got the really big boys, really big boys. There’s a big difference on economy of scale. But a lot of our guys are middle market good doctors. They want to grow. They’re a little tired. They want to get out of the chair a little bit. They want to make some revenue. Their backs getting sore. They see what the market is. It is an absolute brutal market from a legal standpoint. It is a brutal market from an accounting standpoint.

Stuart Oberman: [00:02:34] And I’ll tell you, most CPAs have no idea what this constitutes. I hate to say that, but most do not. Some are very good, some are under the cloak. We work with clients all over the country. We’re very, very fortunate we have a lot of exposure in this area and we deal with a lot, a lot of resources.

Stuart Oberman: [00:02:51] So, what I want to do is, I want to take apart a DSO deal. This is a seven day topic. We’re trying to drill it down pretty good. First and foremost, you got to understand what a letter of intent is. That’s the key. That’s the start. So, what do you do on a letter of intent? Everything looks good, you agree. And then, all of a sudden, the one page letter of intents are dead. Now, we’re talking 10 or 15 page letter of intents. I want to walk through what these are. I don’t care if you’re a buyer or a seller, you have to know what you need to know before you walk in the door. I’m trying to be generic on these as far as the terms go. And I would urge you that this is a whole different market. DSO is a whole different world, that’s if you’re going to scale.

Stuart Oberman: [00:03:46] So, first and foremost, you got to understand the terms of the purchase. Nonbinding agreements, what is it? It’s a mutual understanding, reflection of the parties, and it should never be a binding LOI. Now, you’re going to have some confidence in there that they’re going to be, you know, enforceable but should be nonbinding. If you sign a nonbinding agreement, you’re getting really, really bad advice.

Stuart Oberman: [00:04:11] So then, you have to look at what the overall transaction is. You’re thinking, “What in the world does that mean?” Every detailed LOI on DSO side has a term sheet. Everyone that we ever run across. I’ll say it’s Exhibit A, call it what you want. So, what is it? What does it include? “Well, Stuart, you know, I dealt with a broker one time and the LOI was three pages.” You might just shred that in this world.

Stuart Oberman: [00:04:43] So, what is the terms? Here it is. This is what you need to look for. You need a seller, you need a buyer, the purchase price. What’s your price reduction? There’s always price reductions. What’s your holdbacks? What’s your equity rollover treatments, your in-seller indemnification clauses. Yes, you have obligations.

Stuart Oberman: [00:05:07] So then, all of a sudden, you get into what we call bonus performances. Well, what in the world is that? So, that’s broken down in various categories. You never knew that before. You have performance bonuses. You got primary bonuses. You got 12-month collections. You got 24-month collections after closing. Yes, you’ll be held accountable for those performance bonuses. Trust me, you are not walking in there with no obligations. That’s a performance bonus. All that’s listed separately.

Stuart Oberman: [00:05:38] So, what about a primary performance bonus, your PPB parameters? “Oh, never heard of that.” So, what happens if that’s not met? What happens if you’re PPB is not met? What if it’s not earned in a specific year? How are you equating that? How is that calculated? Do you even know what that is? So then, in addition to that, you got additional performance bonus opportunities. So, what does that mean? So, you calculate what happens if your bonus exceed calculations for the 12 or 24 months. “Well, I didn’t know I had that opportunity.” These are the things that if you are not careful with, you’ll be leaving tons and tons and tons of money on and off the table. These are all performance bonuses.

Stuart Oberman: [00:06:38] If you think you’re going to walk into a DSO, whether you’re buying or selling, and not have performance bonuses, you are sadly mistaken. The days are gone where you’re going to sell your practice to a DSO. Or you’re going to buy one and the seller is going to be out on the road in 90 days, it doesn’t happen.

Stuart Oberman: [00:06:59] So then, you got to look at what are your additional performance bonuses. I know we’re getting a little deep here, but I want to run through this. Your APB parameters. You got targeted achieved, targeted not achieved. So what if you hate it, you got to prorate it. Does your CPA have any idea what these numbers are? So, now, we say, “Well, we’re just looking at the price.” So, now, you got the assets purchase agreement. A lot of times the government allocations are not included. What if you have a high subsidy of insurance or governmental payments? You got to look at those numbers. If you’re a CPA, you got to know these numbers. What are your earnout hurdle reductions? “I didn’t know I had those.” You’re always going to have earnout reductions.

Stuart Oberman: [00:07:48] So then, they say, “Well, you know what? We’re going to take a percentage of your sale price. And, now, I want you to hold back equity in our company.” That is a risk always. Are you getting more money upfront? What’s the next three to five years look like? What’s the recap look like? So then, you’ve got to take a hard, hard look, are you Class A preferred shares, Class C shares? You have to understand what those ramifications are as far as your obligations and your rights.

Stuart Oberman: [00:08:29] I will tell you that probably under these particular classes, you will not have many rights and you’ll be at the beck and call of the DSO. You got to understand that. You got to get these agreements up front before you even sign the final dotted line. Because once you sign the documents, it’s too late. You can’t get into these documents. You got to drill deep pretty hard before those.

Stuart Oberman: [00:08:54] So then, you work through the other areas, employment issues, you and your staff. How long is the employment? Employment of your staff, you want to protect your staff. It’s not going to happen. Post-closing role, what are you going to do? Are you going to be clinical director, going to be chief dental officer? How much time are you taking off? “Well, I’m going to work 246 days a year.” No, you’re not. You’ll never hit your numbers. “Well, that’s not what I wanted.” Well, you’re in the wrong game. Because you’ll have some strict numbers you got to hit. And it’s not going to be at your control because you’re going to have expenses that are going to come off your bottom line. What’s additional compensation? “Well, I don’t know what that is.” Then, you better know.

Stuart Oberman: [00:09:45] So, that’s a very, very generic overall concern regarding performance bonuses. Again, that’s pretty deep stuff. We’re talking documents and documents, documents. But I want to give you a brief overview as to what you need to look at, and what you should be prepared for, and what you need to know before you even get into the game, and your CPA needs to know.

Stuart Oberman: [00:10:09] So then, “Well, you know, we’re going to sign a noncompete.” You bet you are. You’re not going to work for another DSO for a couple of years. “Noncompete is probably two years, 25 miles. That’s a long way.” “Yes, it is, Doc. Yes, it is.” You’re going to be tied. You’re getting millions. You’re going to be tied. So, if you’re buying a practice, you better tie that doctor down. If you’re selling, you better know what you ramifications are as far as radius goes.

Stuart Oberman: [00:10:37] What’s excluded assets? There’s always excluded assets. Liabilities, are you in debt? Do you know all your debt? What’s your intellectual property? Do you own your logo? Do you own your trademarks? What are your holdbacks? Cash upfront, cash being held back? Are you repurchasing Class A shares, C shares? Are you getting equity rollover as collateral? What’s the tax consequences of that? Is it a taxable event or is it tax deferred? What’s your tax allocation in the purchase price?

Stuart Oberman: [00:11:13] There’s a big difference in a DSO and a normal sale as far as your tax allocations go as far as personal goodwill. Some are liberal, some are not. Those are things you got to drill down with the CPA. This is not a 30 day process, guys.

Stuart Oberman: [00:11:27] Let me tell you, if you’re buying, you better do your due diligence. You better have a due diligence checklist, folks. If you’re selling, you better be prepared to be worn out. You’re talking about [inaudible] earnings. You’re talking about a lot, a lot of information that’s going to be passed hands down through a lot of information. So, due diligence is going to be extensive. You get a $40 million deal, they’re going to wear you out. But you got to be prepared for it. It’s a journey.

Stuart Oberman: [00:11:59] So, one of our recommendations is, before you even start this process, get your documents upfront, get your numbers, get them loaded up, and ready to roll. Because once that process starts, it rolls quickly. And it goes quick.

Stuart Oberman: [00:12:14] So then, you got a question, “Well, they’re going to tie me down. They don’t want to deal with anybody else for 60, 120, 180 days.” You’re right. What if the deal falls apart? You’re off the market for four, six, eight months. You got no way out. You’re stuck. So, you need to understand that the offers that you get will tie you up. So, you better pick a good one. I know what’s going on upfront because otherwise you’re going to be off the market for a while and time is money in these deals.

Stuart Oberman: [00:12:52] So, how do you terminate an LOI, Letter of Intent? A couple ways, which [inaudible] the asset purchase agreement itself. When the buyer sends you a letter saying, “You know what? I’m good. I don’t want to do this anymore. The numbers didn’t add up. Sorry. We no longer wish to proceed.” You’re done but you’re still an exclusive period. Or the expiration of an exclusive period. “We’re done. We’re closing.”

Stuart Oberman: [00:13:23] So, there’s a lot of information, guys. A lot information, and it’s really way beyond this particular scope, if you will, as far as the DSO deal. This is a whole seminar, a whole topic. But we’re getting a lot of questions on this, a lot of questions every day. How I form it? How I buy it? How I sell it? What do I do? How to consolidate a merging? What do we need?

Stuart Oberman: [00:13:54] First and foremost, if you’re a buyer, you’ve got to have the right people around you. It doesn’t matter if you’re a doctor or DSO. Of course, you already know that if you’re a DSO. But if you’re a doctor, you got to be prepared to scale. You’ve got to have your systems in place before you do anything else. There’s no way that you can purchase three practices without your internal partitions being set. There are a lot of headaches.

Stuart Oberman: [00:14:18] If you’re selling, you got to be prepared for the rigors of selling to a DSO. You got to be prepared to have performance bonuses. You’ve got to be prepared to, possibly in some case, work a little harder. If you think you’re going to sell and work three days a week like you were doing before, it’s probably not going to happen. Expect to hit all your numbers, and you will be expected to hit your numbers. Again, you got performance bonuses, you got primary performance bonuses, you got additional performance bonuses, you got top additional bonuses.

Stuart Oberman: [00:14:52] So, you got to look at all those parameters and make sure you know exactly what you’re buying, what you’re selling, what’s the company like, what’s the cap rate. What are you looking at, Class A preferred shares, Class C shares, or vice versa? What are you looking at on that side? What’s the compensation on the chief financial officer side? Post-closing, what was expected there? The non-competes, your holdback numbers. So, those are all the things. And, again, you’ve got to have people, especially on the financial side, who understand this. And on the legal side, it gets very complex – very, very complex on our side. So, there’s a lot of pieces here.

Stuart Oberman: [00:15:44] So, that’s the sort of the DSO. You know, it’s hot all over the country. A lot of money to be made in these areas. But there’s a lot of risk. And it’s not for everyone. Some doctors want to scale, some don’t want to scale. So, basic parameters. Hopefully, you’ve picked on a couple of topics that you need to take a look at or be aware of, if you are not or your CPA needs to be aware of.

Stuart Oberman: [00:16:12] So, yeah, give us a call. We do it every day. We love what we do. We have access to a lot of information on a national basis because of the DSO market. And if you have any questions, give us a call, 770-886-2400. My name is Stuart Oberman. Feel free to reach out to us or e-mail at stuart, S-T-U-A-R-T, @obermanlaw.com. And thank you for joining us. And we will see you on the next DSO deal.

About Dental Law Radio

Hosted by Stuart Oberman, a nationally recognized authority in dental law, Dental Law Radio covers legal, business, and other operating issues and topics of vital concern to dentists and dental practice owners. The show is produced by the North Fulton studio of Business RadioX® and can be found on all the major podcast apps. The complete show archive is here.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm
Stuart Oberman, host of “Dental Law Radio”

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the health care industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

Tagged With: dental law, Dental Law Radio, dental practice acquisitions, Oberman Law Firm, Stuart Oberman, The DSO Deal

Should I Do What I Want to Do?, with Profitability Coach Bill McDermott

August 5, 2021 by John Ray

BillMcDermott07142021
North Fulton Studio
Should I Do What I Want to Do?, with Profitability Coach Bill McDermott
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Should I Do What I Want to Do?, with Profitability Coach Bill McDermott

John Ray: [00:00:00] And hello again, everyone. This is John Ray with Business RadioX. And I’m here with Bill McDermott. Bill is the profitability coach and he’s also the host of ProfitSense here on Business RadioX. Bill, my question for you is, should I do what I want to do?

Bill McDermott: [00:00:17] So, that’s a provocative question, John. And I will say yes, but also maybe no, or maybe the better answer is it depends. What I’ve been asked recently is, Should I hire this person? Should I buy this piece of equipment? I can’t find a building, should I build one? And I’m renting, should I go ahead and buy a building?

Bill McDermott: [00:00:47] And so, what I catch sometimes is, these business owners are asking these questions because they’re afraid to incur cost. How much is this going to cost me? And so, part of that is really just a mindset issue. And so, I answer the question, is it a cost or is it an investment? And what I mean by that is, if I’m hiring a person, certainly I’m paying them a salary. But I should reasonably expect a rate of return on that person, because, otherwise, they’re just overhead. The same thing with the building. If I’m building a building or buying a building, that building is going to increase the efficiency or the capacity in my business that would create more revenue in excess of the cost of the building. And, of course, the same thing with the piece of the equipment.

Bill McDermott: [00:01:37] So, a lot of my conversations with my business owners about should I do what I want to do, is, it depends. You are spending money, but it’s not just a cost, it’s an investment in your business. You should expect a return over a certain time horizon. And even further, it’s an investment in your future.

Bill McDermott, Founder and CEO, McDermott Financial Solutions

Bill McDermott is the Founder and CEO of McDermott Financial Solutions. When business owners want to increase their profitability, they don’t have the expertise to know where to start or what to do. Bill leverages his knowledge and relationships from 32 years as a banker to identify the hurdles getting in the way and create a plan to deliver profitability they never thought possible.

Bill currently serves as Treasurer for the Atlanta Executive Forum and has held previous positions as a board member for the Kennesaw State University Entrepreneurship Center and Gwinnett Habitat for Humanity and Treasurer for CEO NetWeavers. Bill is a graduate of Wake Forest University and he and his wife, Martha have called Atlanta home for over 40 years. Outside of work, Bill enjoys golf, traveling, and gardening.

Connect with Bill on LinkedIn and Twitter and follow McDermott Financial Solutions on LinkedIn.

Listen to all of the ProfitSense interviews here.


The “One Minute Interview” series is produced by John Ray and in the North Fulton studio of Business RadioX® in Alpharetta. You can find the full archive of shows by following this link.

Renasant Bank has humble roots, starting in 1904 as a $100,000 bank in a Lee County, Mississippi, bakery. Since then, Renasant has grown to become one of the Southeast’s strongest financial institutions with over $13 billion in assets and more than 190 banking, lending, wealth management and financial services offices in Mississippi, Alabama, Tennessee, Georgia and Florida. All of Renasant’s success stems from each of their banker’s commitment to investing in their communities as a way of better understanding the people they serve. At Renasant Bank, they understand you because they work and live alongside you every day.

Tagged With: Profitability Coach Bill McDermott

Sebastian Flores and Melanie Flores, OctoGifts

August 5, 2021 by John Ray

OctoGifts
North Fulton Business Radio
Sebastian Flores and Melanie Flores, OctoGifts
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Sebastian Flores and Melanie Flores, OctoGifts (North Fulton Business Radio, Episode 373)

Fifteen-year-old Sebastian Flores and his mom Melanie joined host John Ray to share how OctoGifts has evolved since their first visit in October 2019. Sebastian “fired” his mom and took over the primary business operations in 2020.  Sebastian talked about transitioning to a DIY model for the product, what functions he continues to “outsource” to Melanie, shared his advice for other young adults wanting to start their own business, and much more. Melanie also shared why it is so vital to Sebastian’s growth for her to step back and offered advice for other parents with entrepreneurial-minded young people. North Fulton Business Radio is broadcast from the North Fulton studio of Business RadioX® inside Renasant Bank in Alpharetta.

OctoGifts

OctoGifts celebrate love, friendship, and your inner child by offering candy dispensers and greeting cards that are fun to give and fun to keep.

OctoGifts is the brainstorm of 13-year-old co-founder Sebastian Flores. At age 11, he decided to make a combination candy dispenser greeting card for a friend who loved sweets. With no luck in searching for how-to videos on YouTube, Sebastian realized he’d have to figure it out himself. After hours of experimenting, he had built a working machine out of items that he salvaged from the recycling bin, as well as his art supply stash. In January of 2019, he revisited this idea and redesigned his card in the shape of a heart for Valentine’s Day. His greeting cards sold out within hours on Etsy, and Sebastian knew that he was on to something. He pitched his creation at the 2019 Alpharetta Business Expo; served as an entrepreneurship panelist at the 2019 MantisEdu UNCF STEM summer camp at Clark Atlanta University; made the 2019 Atlanta Business Chronicle’s 25 under 25 list; and has been featured in numerous publications including the Alpharetta-Roswell Herald and the Forsyth County News.

Company website | LinkedIn | Facebook | Instagram

Sebastian Flores, Founder, OctoGifts

Sebastian Flores, Co-Founder, OctoGifts

Fifteen-year-old Sebastian Flores is the founder of OctoGifts, a company offering playful 3D DIY cards and keepsakes. Armed with a knack for math and origami, a passion for making, and a cutting machine, he is spreading joy and human connection amidst a pandemic. His patent-pending creations are a mashup between 3D puzzles, candy dispensers, and greeting cards. What started as a surprise for a childhood friend has grown into a business with 400+ units sold across 25 states. Sebastian has been featured in Arianna Huffington’s Thrive Global platform, Authority Magazine, Atlanta Inno’s 25 under 25 list, VoyageATL magazine’s Most Inspiring Stories, the InventRight YouTube channel, Elementary STEM CON 2020, Making It in the Toy Industry podcast, the Business Infrastructure podcast, Forsyth County News, and Alpharetta-Roswell Herald. Most recently, he was a featured speaker at the International Children’s Advisory Network’s global summit.

Sebastian lives in Alpharetta with his parents and older brother. He plans to become a mechanical engineer.

Melanie Flores, “Volunteer Business Support” and former Co-Founder, OctoGifts

OctoGifts
Melanie Flores, OctoGifts

His mother Melanie Flores leverages an engineer’s mind, a teacher’s heart, and a gardener’s hands to help people learn and share memorable experiences together. She started up Corning’s optical fiber factory in the Charlotte, NC area, founded a popular kindergarten engineering design workshop based on a famous MIT course, and led the STEM coaching team serving Easter Seals teachers across metro Atlanta. Her work has been featured by TEDxJacksonville, TEDxAlpharettaWomen, Women 2.0, the National Association of Independent Schools, Engineering is Elementary, MIT’s pK-12 Action Group, the Boston Museum of Science, and many other entities. She has recently joined SymTrain, an Atlanta-based tech startup that helps customer-facing employees train/upskill faster by automating and scaling experiential learning.

LinkedIn

Questions and Topics in This Interview

  • How has your product evolved since your last visit in Oct 2019?
  • Why did you pivot to DIY kits?
  • What was involved in pivoting to DIY kits? How much work was it?
  • How has the working relationship between you evolved?

North Fulton Business Radio is hosted by John Ray, and broadcast and produced from the North Fulton studio of Business RadioX® inside Renasant Bank in Alpharetta. You can find the full archive of shows by following this link. The show is available on all the major podcast apps, including Apple Podcasts, Spotify, Google, Amazon, iHeart Radio, Stitcher, TuneIn, and others.

RenasantBank

 

Renasant Bank has humble roots, starting in 1904 as a $100,000 bank in a Lee County, Mississippi, bakery. Since then, Renasant has grown to become one of the Southeast’s strongest financial institutions with over $13 billion in assets and more than 190 banking, lending, wealth management and financial services offices in Mississippi, Alabama, Tennessee, Georgia and Florida. All of Renasant’s success stems from each of their banker’s commitment to investing in their communities as a way of better understanding the people they serve. At Renasant Bank, they understand you because they work and live alongside you every day.

Tagged With: candy dispenser gift, Entrepreneurs, Etsy, greeting cards, Melanie Flores, OctoGifts, Sebastian Flores

Malcolm Evans, Sales Accent, LLC, and Jordan Church, Matched by Jordan

August 4, 2021 by John Ray

North Fulton Business Radio
North Fulton Business Radio
Malcolm Evans, Sales Accent, LLC, and Jordan Church, Matched by Jordan
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Malcolm Evans, Sales Accent, LLC, and Jordan Church, Matched by Jordan (North Fulton Business Radio, Episode 372)

Malcolm Evans of Sales Accent and Jordan Church of Matched by Jordan joined host John Ray on this edition of North Fulton Business Radio. Malcolm helps corporate refugees create a business for themselves so, and he likes to say, they “never have to interview again.” Jordan Church, one of Malcolm’s clients, now offers personalized matchmaking services through his own company after years of working for major online matchmaking companies. North Fulton Business Radio is broadcast from the North Fulton studio of Business RadioX® inside Renasant Bank in Alpharetta.

Sales Accent, LLC

Malcolm Evans founded Sales Accent in 2013 to serve clients ready to create a job for themselves so they never have to interview again.

He coaches clients to be self-reliant, helping them create meaningful work for themselves in this new gig economy.

As a global entrepreneur, Malcolm has the tools and advice to help clients think about their situation in a new way and not worry. It is easier than one thinks to adapt to these times and set a new course.

Together he and his clients work on making them hirable, but clients also learn how to build their own business.

His motto is “If it is difficult, you are doing it wrong!”

Malcolm’s website says it all… “Never Interview Again”. 

Company website | LinkedIn

Malcolm Evans, Founder and Executive Coach, Sales Accent LLC

Malcolm Evans, Founder and Executive Coach, Sales Accent LLC

Malcolm Evans is originally from Wales, United Kingdom. He got the travel bug at an early age, lived in 3 countries and worked internationally for some of the largest companies. Since 2013 he has been showing teams how to predictably grow their sales and individuals how to take their ideas and passions and turn them into viable businesses.

He is a no-nonsense coach that will show you how to get healthy in your body, mind, and business.

LinkedIn

Matched by Jordan

Matched by Jordan provides experienced, professional matchmakers who work closely with assigned clients to get a very refined sense of their personalities and with whom they would pair well.Matched by Jordan

Company website | YouTube

Jordan Church

Matched By Jordan
Jordan Church, Professional Matchmaker, Matched by Jordan

Jordan has been a professional matchmaker for over 17 years.  He has thousands of matches, long-term relationships, and even marriages to his credit, but he likes to break his passion for his clients down to individual moments that people share as companions.  “When I look back on my life and think of everything I’ve been through with my wife, the big and the small events—the fun times the tough times, the vacations, the stresses that are erased when a companion goes through it with you—to be able to create that for others is the best feeling in the world”. To know that two people will not be alone at Christmas for the first time in years, or when I get a call that two people I matched just met each other’s kids for the first time over pizza, these moments continue to drive me to find companionship for all my clients”

During 2020 Jordan did some serious soul searching and realized that regardless of the tool (matchmaking, online sites, apps, personal networking) that somebody employs if they are not ready and have the proper mindset and expectations, the chances of success in finding their right companion is drastically reduced. From this, he created new approaches to make sure a person is best prepared and ready to find the right one.

Jordan lives with his wife and three children in northeast Georgia and spends most of his time “in the field” matchmaking in the Atlanta Metropolitan Area.

 

North Fulton Business Radio is hosted by John Ray, and broadcast and produced from the North Fulton studio of Business RadioX® inside Renasant Bank in Alpharetta. You can find the full archive of shows by following this link. The show is available on all the major podcast apps, including Apple Podcasts, Spotify, Google, Amazon, iHeart Radio, Stitcher, TuneIn, and others.

RenasantBank

 

Renasant Bank has humble roots, starting in 1904 as a $100,000 bank in a Lee County, Mississippi, bakery. Since then, Renasant has grown to become one of the Southeast’s strongest financial institutions with over $13 billion in assets and more than 190 banking, lending, wealth management and financial services offices in Mississippi, Alabama, Tennessee, Georgia and Florida. All of Renasant’s success stems from each of their banker’s commitment to investing in their communities as a way of better understanding the people they serve. At Renasant Bank, they understand you because they work and live alongside you every day.

Tagged With: Jordan Church, malcolm evans, Matched by Jordan, matchmaker, Never Interview Again, professional matchmaker, starting a business

Key Drivers of Valuation in the Sale of a Business, with John Marsh, The Bristol Group

August 2, 2021 by John Ray

John Marsh, The Bristol Group
North Fulton Studio
Key Drivers of Valuation in the Sale of a Business, with John Marsh, The Bristol Group
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John Marsh, The Bristol Group

Key Drivers of Valuation in the Sale of a Business, with John Marsh, The Bristol Group

John Marsh: [00:00:00] Clean books and records is the first thing. If they’re going to give me a financial statement that I can understand, doesn’t have any balance sheet items, a good test for me is how did you record the PPP? If you got PPP money, how did you record? And if they recorded it as revenue, we’re going to have to have a conversation. So, clean books and records.

John Marsh: [00:00:19] Owners involvement, how heavily involved is the owner? I’ve got a plumbing company right now, he’s got 19 technicians. He’s not going out and servicing customers. But if he had two, three technicians, and he’s out working 45 hours a week in the field, that’s not likely a sellable business. So, owners involvement. Revenue concentration or customer concentration, reoccurrence of revenue, the contracts. Do you have contracted revenue?

John Marsh: [00:00:47] So, all of those things kind of play into the range of value for the business. But those are some of the things we ask about right at the beginning, you know, clean books and records. What do you do in day to day as an owner? What’s your revenue contracting or reoccurrence of revenue look like? How is it contracted? Those type things.

John Marsh, Managing Broker, The Bristol Group of Greater Atlanta

Prior to founding the Bristol Group of Greater Atlanta, John served as a corporate executive with experience leading and strengthening finance, accounting, and operations organizations. He has held a variety of executive-level roles including CFO, VP of Supply Chain and Planning, and EVP of Finance and Operations during his 17-year career.

In those roles, John served as an integral part of the leadership team that scaled a medical device company that was sold to a private equity firm for $162M. John led integration efforts and was a part of due diligence on all the company’s acquisitions. In total, John participated in over $360M in transactions in his executive roles.

John started his career with the accounting firm, Ernst and Young in Atlanta, GA, and has worked with both start-ups and large private equity-owned companies. He leverages his significant mergers and acquisition experience to help entrepreneurs successfully transition business ownership.

John graduated from the University of Georgia with a BBA in Accounting and holds an MBA from Kennesaw State University. He currently lives in Marietta, with his wife and two daughters.

Company website | LinkedIn

Listen to the full Business Beat interview here.


The “One Minute Interview” series is produced by John Ray and in the North Fulton studio of Business RadioX® in Alpharetta. You can find the full archive of shows by following this link.

Renasant Bank has humble roots, starting in 1904 as a $100,000 bank in a Lee County, Mississippi, bakery. Since then, Renasant has grown to become one of the Southeast’s strongest financial institutions with over $13 billion in assets and more than 190 banking, lending, wealth management and financial services offices in Mississippi, Alabama, Tennessee, Georgia and Florida. All of Renasant’s success stems from each of their banker’s commitment to investing in their communities as a way of better understanding the people they serve. At Renasant Bank, they understand you because they work and live alongside you every day.

Tagged With: Key Drivers of Valuation, sale of a business, The Bristol Group

Reviving a Legacy Brand: An Interview with Stephanie Stuckey, Stuckey’s Corporation

July 30, 2021 by John Ray

Stephanie-Stuckey-DLR-Album
Dental Law Radio
Reviving a Legacy Brand: An Interview with Stephanie Stuckey, Stuckey's Corporation
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Reviving a Legacy Brand: An Interview with Stephanie Stuckey, Stuckey’s Corporation (Dental Law Radio, Episode 14)

How do you revive a brand name which the world has left for dead? CEO Stephanie Stuckey joined host Stuart Oberman to share the compelling story of how she and her team are resurrecting Stuckey’s Corp. Stephanie discusses why she plunged into this rebuild even when she was discouraged by others, the importance of having a management team which balances each other’s skills, the power of sharing not just victories but setbacks, and much more. It’s must listening, not just for dentists thinking of acquiring practices, but any entrepreneur considering a brand reconstruction of their own. Dental Law Radio is underwritten and presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®.

Stephanie Stuckey, CEO, Stuckey’s Corporation

Stephanie Stuckey is CEO of Stuckey’s, the roadside oasis famous for its pecan log rolls. The Company was founded by Stephanie’s grandfather, W.S. Stuckey, Sr. as a pecan stand in Eastman, Georgia in 1937 and grew into over 350 stores by the 1970’s. The company was sold in 1964 but is now back in family hands and poised for a comeback.

Billy Stuckey, son of the founder and former U.S. Congressman, reacquired Stuckey’s in 1985. Stephanie took over in November of 2019 and, under her leadership, Stuckey’s has purchased a healthy pecan snack company, undergone a rebranding, added three new franchised stores, expanded its B2B retail customer base, ramped up its online sales with a new website and will soon acquire a pecan processing and candy manufacturing plant.

Stephanie received both her undergraduate and law degrees from the University of Georgia. She has worked as a trial lawyer, elected to seven terms as a state representative, run an environmental nonprofit law firm that settled the largest Clean Water Act case in Georgia history, served as Director of Sustainability and Resilience for the City of Atlanta, and taught as an Adjunct Professor at the University of Georgia School of Law.

Stephanie’s achievements include being named one of the 100 Most Influential Georgians by Georgia Trend Magazine and a graduate of Leadership Atlanta. She is active in her community and serves on many nonprofit boards, including the National Sierra Club Foundation, EarthShare of Georgia, and her local zoning review board.

Connect with Stephanie on LinkedIn and follow Stuckey’s on Facebook, Twitter and Instagram.

Stephanie Stuckey and Stuart ObermanStuart Oberman and Stephanie Stuckey

 

 

 

 

 

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the Business RadioX Studios in Atlanta, it’s time for Dental Law Radio. Dental Law Radio is brought to you by Oberman Law Firm, a leading dental-centric law firm serving dental clients on a local, regional, and national basis. Now, here’s your host, Stuart Oberman.

Stuart Oberman: [00:00:26] Welcome everyone to Dental Law Radio. I know usually we’re talking about dental law, and employment law, and compliance. But, today, we have an absolute amazing guest in-studio, Stephanie Stuckey, the CEO of the famous world-renowned Stuckey’s Corporation. Stephanie, it is an honor, honor, to have you in here.

Stephanie Stuckey: [00:00:48] Well, thank you. The honor is all mine. I’m delighted.

Stuart Oberman: [00:00:51] You know, being the CEO of Stuckey’s, you have now reached the pinnacle of your career being on Dental Law Radio, right?

Stephanie Stuckey: [00:00:57] I absolutely think so. And the irony is not lost on me that a candy company is being featured on a dental radio show. I think it actually makes a lot of sense because we have sent you a lot of customers over the years.

Stuart Oberman: [00:01:12] Our clients love that. Thank you.

Stephanie Stuckey: [00:01:14] Right. You should be serving pecan log rolls in every dental office in this country because we are giving you a fair amount of clientele.

Stuart Oberman: [00:01:22] I appreciate that. It sort of keeps us paying the rent. So, you know, you are amazingly busy, amazingly. First of all, thank you. I know we scheduled this about two months ago to get you into studio here. So, I know how busy you are and your schedule. But, you know, the interesting part is, I think this says a lot about you and what you’re doing with Stuckey’s.

Stuart Oberman: [00:01:45] So, I remember one Saturday, I’m just playing around on LinkedIn and I pinged you. And I was going to introduce you to a client of ours that is in the industry that you’re in, in the pecan industry. And then, you, almost immediately, sent me a message back like, “You know, hey. [Inaudible].” And then, we’ve kept in touch a little bit. And then, you know, I’ve watched you take this brand, this iconic brand, that was almost on the brink of failure, I guess would be a good word.

Stephanie Stuckey: [00:02:19] Oh, yeah. Absolutely. I thought it’s generous.

Stuart Oberman: [00:02:21] Yeah. It was not doing well.

Stephanie Stuckey: [00:02:25] Not well.

Stuart Oberman: [00:02:26] And then, you know, this sort of American dream is you became CEO – and I want you to get into this little bit later – but you’ve taken this brand to a whole another level. This not only applies to our dental guys, but in the podcast, we have construction companies, all the way from a $1,000 a year to 500 million, that are listening to the podcast. And we’re very fortunate we have clients in about 35 states. I thought, “You know what? Really, this is a story that anyone who has any ups and downs in business that wants to rebrand can really benefit from hearing your story.” So, I’m just very, very grateful that you’re on the show.

Stephanie Stuckey: [00:03:11] Well, thank you.

Stuart Oberman: [00:03:12] And then, you know, Stuckey’s is a roadside iconic brand. I mean, I just stopped at one from Florida. You know, I bought a pecan roll and got a picture, and I’ll send that to you.

Stephanie Stuckey: [00:03:23] So appreciate that. Yes. Please stop.

Stuart Oberman: [00:03:26] And that’s what’s it really all about. So, we wanted to bring you in and talk to you really about a few things of what you’re doing. You got an amazing background, what I want you to get into a little bit. And then, how you got to rebrand and bring this company back. You’re a CEO, you graduated from UGA Law School, and House of Representatives, and you were recently named 100 Most Influential Georgians by Georgia Trend Magazine. That is an amazing, amazing accomplishment.

Stephanie Stuckey: [00:03:57] You know, that was actually not for Stuckey’s. That was related to my work with Sustainability.

Stuart Oberman: [00:04:03] Really?

Stephanie Stuckey: [00:04:04] Yes. So, that was only a couple of years ago. But I’ve only been running Stuckey’s for a-year-and-a-half. But prior to this, I was Head of Sustainability for City of Atlanta, and got that acknowledgment as part of my work with the City of Atlanta. So, I feel like I share that honor also with all the work that we were doing in Sustainability and Resilience. My position was actually Chief Resilience Officer. By the time I left the city, it had advanced to include a lot more functionality. But, anyway, it was a fun ride working for the City of Atlanta.

Stuart Oberman: [00:04:37] So, tell us a little bit about you and then how you became the CEO of Stuckey’s.

Stephanie Stuckey: [00:04:43] That’s a crazy journey. Yes.

Stuart Oberman: [00:04:45] I know. We can talk about it for like five days. I assure that –

Stephanie Stuckey: [00:04:49] I’ll condense it. Yeah. Yeah. So, I think the important takeaway – and I’m very mindful that this is a diverse group of people listening, so I’m going to try to make sure my comments are relevant – I was literally sitting at my desk one day happily in Sustainability world, which is what I had been doing for two decades, practicing environmental law and working on sustainability initiatives not only with Atlanta, but had advanced to working with cities throughout the southeast.

Stephanie Stuckey: [00:05:19] And I was at my desk and I got an email from one of my dad’s former business partners asking me if I wanted to buy their shares of Stuckey’s stock. And that’s how it began. It was initially just a financial transaction, “Do you want to buy stock?” And I asked to look at the financials, which is what any of us would do if you’re given an opportunity to add to your business portfolio. Or, in my case, I had no business portfolio.

Stuart Oberman: [00:05:50] Now, what did you think when you saw that message? What was your initial reaction? Did you fall off the chair? Or you thought, “No way.”

Stephanie Stuckey: [00:05:57] I was not surprised. And I’ll give a very quick recap of the Stuckey’s history, because it puts this into context. Stuckey’s was founded by my grandfather in 1937 as a roadside pecan stand in Eastman, Georgia. And from those incredibly humble beginnings, he grew it with my grandmother to 368 stores and 40 states, all over the nation’s Interstate Highway System.

Stephanie Stuckey: [00:06:22] We owned a candy plant. He owned a trucking company. Had a sign company. And he built that and sold it in 1964, which is not uncommon for a lot of entrepreneurs of that era. Howard Johnson’s, Holiday, and Kentucky Fried Chicken, all these entrepreneurs that we know that were household names, they sold. And that was sort of what you did, you build this company and you sold it and you made a lot of money. And he was a product of the depression, so he sold.

Stephanie Stuckey: [00:06:50] It was out of family hands for decades. There was a series of corporate takeovers. The company was really floundering. My father got the company back in 1985. He was already running several other companies at the time. So, Stuckey’s was a bit of a side hustle for my dad. He owned and operated Dairy Queen franchises on the Interstate Highway System. He had the exclusive rights to Dairy Queens within a half mile radius of a highway exit.

Stuart Oberman: [00:07:19] That’s a heck of a side hustle.

Stephanie Stuckey: [00:07:20] Heck of a side hustle. So, dentists should totally love my family because we are sending you all sorts of patients.

Stuart Oberman: [00:07:27] That is one side hustle.

Stephanie Stuckey: [00:07:27] Right? So, no, no. Stuckey’s was his side hustle.

Stuart Oberman: [00:07:31] Yeah. That’s what I mean.

Stephanie Stuckey: [00:07:31] His main business was Dairy Queen. And when he got Stuckey’s, it was in bad shape. And it was a little over 100 stores at that time. So, he just combined the Stuckey’s with the Dairy Queen, and so built on the Dairy Queen. And he also started putting Stuckey’s in other travel plazas, a store within a store cobranding concept, and that proved to work for decades.

Stephanie Stuckey: [00:07:59] And then, my dad and his business partners sold their Dairy Queen business to Warren Buffett – some of the listeners may have heard of him – in 2014 – 2012 – I should know the exact date – like, about a decade ago. And they all retired. So, they went home. They left only a very small skeleton crew, basically two people running Stuckey’s. It didn’t have a CEO. It didn’t have a marketing budget. There was really no franchise system to speak of. Most of the remaining locations were the store within a store concept. We had a rented distribution facility and that’s it.

Stephanie Stuckey: [00:08:43] So, I knew that the business had been floundering. What I didn’t know was how much it had been floundering. And so, when I pulled these financials, and I consulted some financial experts, and they were looking at the books. And I talked to three experts, two said, “Do not do this. The company had been losing money steadily for several years.” And the third person said – and I kept the third person because I kept shopping it around. I wanted a different answer, right?

Stuart Oberman: [00:09:13] You want the right answer. My clients do that.

Stephanie Stuckey: [00:09:14] They’re like economists, they have a different opinion. So, you keep going until you get the one who will tell you, “Yes. You should do this. It’s a good idea.” The one who said do it said, “I know what’s not on the balance sheet, which is the value of the brand,” which is what I knew, too.

Stephanie Stuckey: [00:09:30] And even though my entire childhood, Stuckey’s was no longer owned by our family, I knew and loved my grandfather. I vacation like everyone else and stopped at Stuckey’s. I knew innately that this was something really special. And that it would take a Stuckey, frankly, to bring it back. It needed that special touch. And with a little love, I figured we could bring it back.

Stephanie Stuckey: [00:09:53] The fact that it was not bankrupt, despite all the ups and downs over the year also told me it had some sticking power. So, you know, that’s what I thought. Like, I wasn’t surprised. I immediately also knew that I was not the first choice. I’m number four of five kids, they went through the roster and I was the only one. I’m like Mikey in the Life cereal commercial. The one kid who will try it. I was the only one who said yes.

Stuart Oberman: [00:10:19] So, here’s a key point, because as a firm, we do a lot of mergers and acquisitions in our dental clients and all those things. So, who did you consult with before you made the decision to go, the CPAs, the lawyers? Who were your advisors? Because that’s key in any transaction. And our guys have got to know that.

Stephanie Stuckey: [00:10:39] I went with people I knew and trusted. So, I think often what’s overlooked in business is the value of relationships and relationship building. And throughout my career, even though I never worked in business, I served on boards and I had colleagues on the nonprofit boards that I served on who had financial backgrounds. So, I went to some CPAs who served on boards with me, and I really respected their opinions.

Stuart Oberman: [00:11:10] So, what did you have to do? Obviously, was this a huge learning curve for you.

Stephanie Stuckey: [00:11:14] Yes. Absolutely.

Stuart Oberman: [00:11:16] What did you do to get through that learning curve?

Stephanie Stuckey: [00:11:17] A huge learning curve.

Stuart Oberman: [00:11:18] What did you do?

Stephanie Stuckey: [00:11:19] I surrounded myself with really smart people who understood areas where I lacked expertise. And I also spent a ton of time, which I still do, learning. I read Harvard Business, magazine, books.

Stuart Oberman: [00:11:34] I was going to ask you about that. I read that somewhere.

Stephanie Stuckey: [00:11:38] Yeah. Harvard Business School has a whole series of books, basically entrepreneurship 101. They have a book on mergers and acquisitions, and I read that several times. I also watched webinars. So, much of this is available, basically, for free. There’s a ton of webinars available. And so, I watched webinars. And, honestly, this is how big my learning curve is, I didn’t even know what EBITDA was. Somebody used that in a sentence and I’m Googling it during the conversation. Thankful that it was a phone call so they wouldn’t see me having to look up basic financial terms. So, I had a huge learning curve.

Stephanie Stuckey: [00:12:19] But at the same time, I also sought out people who knew what they were doing. So, I knew what I could do well. So, that’s the other thing, you fill your gaps and then you really double down on what you know you’re good at. So, what I knew was this brand. I’ll never forget when I first decided I was going to do this – well, frankly, it’s my father who said this, he asked me why I thought I could run Stuckey’s when, he said, “You can’t even run a lemonade stand.” And I thought for a minute and I said, “Well, you’re right. I can’t run a lemonade stand. But I can run Stuckey’s.” And it occurred to me what I knew about Stuckey’s was the brand. And I could tell the story of Stuckey’s unlike anyone else. I have that personal emotional connection.

Stephanie Stuckey: [00:13:08] And so, I just started going online and learning, how do you do social media? How do you do storytelling? And I just started practicing. That’s the other thing, you can learn and then you practice. And I made a vow to myself that every single day I would post on LinkedIn. I figured that’s where I need to be. That’s the business network. And I just started posting my story every day on LinkedIn. And I went from a handful of likes to, now, my posts routinely get a 1,000 plus likes, engagements, comments. My followers grew. I think I started with a couple hundred and I think it’s 36,000 in a year. And it’s just posting every day. It’s having personal discipline and having focus, which I constantly work on. I tend to be one of those people who has 50 things going at any given time. And I throw it against the wall and see what sticks. So, that’s more my personality.

Stephanie Stuckey: [00:14:11] So, it’s really important to surround yourself who, not only fill in your gaps with your skills and expertise, but also emotionally. So, I tend to be very high energy and a little high strung. And I have since gotten a business partner, and he is pretty chill. I mean, he’s a hard worker, but he’s unflappable.

Stuart Oberman: [00:14:34] Would you say your type A?

Stephanie Stuckey: [00:14:35] I am type A. But I think there’s different type A’s. Like, you can be really ambitious and a go-getter type, but also not easily excitable. And I do tend to get really – you know, like something will happen that’s really great and I am just on the moon. Like, “This is the best thing. We’re going to totally be like a $20 million in sales company this year.” And then, something bad will happen, I’m like, “Oh, my God. We’re going to go bankrupt.”

Stephanie Stuckey: [00:15:06] And my business partner just set nice, even keeled influence on me. So, he’s very financially savvy and he also knows the pecan market inside and out, which is very important with what we do.

Stuart Oberman: [00:15:18] So, you surround yourself with people that know more than you, which is key.

Stephanie Stuckey: [00:15:23] Yes. And balance my personality. If our leadership team are a bunch of people who are super high energy, I think our heads would all pop off. So, you to have the chill people with the energy folks. And I’m an eternal optimist, even though I do occasionally have these, “Oh, no. Everything’s falling.” But I am very, very optimistic. And one of our key team leaders is – I’ll just say if he hears this, he’ll agree – he’s a curmudgeon. And any time I have an idea, he will literally come up with 20 ways that it won’t work. And I need someone like that around me because it forces me to think through all the details. And I’m not a detail person. So, I’ve got this person who’s, like, overly detailed and that will say, “Oh, that will never happen. You are overthinking this.” But I need that. I need that balance.

Stuart Oberman: [00:16:20] So, you’ve got a variety of personal experiences. You’re practicing law. You’re a state representative.

Stephanie Stuckey: [00:16:25] I’m still practicing law. I am in-house counsel for Stuckey’s. I do a lot of – I’m serious.

Stuart Oberman: [00:16:32] General counsel, CEO.

Stephanie Stuckey: [00:16:32] Welcome to being an entrepreneur. You know, you wear 21 hats. I’m Chief Brand Officer. I was Chief Sales Officer, and it got to be overwhelming so my business partner and I have split up those duties. He does a large retail accounts and I do the small sort of mom and pop, which is really what I thrive at. And I do the marketing. And I’m Chief Storyteller. Yeah. I love it. I’ve got a lot of roles.

Stuart Oberman: [00:16:59] Welcome to Business.

Stephanie Stuckey: [00:17:03] Yes. Yes.

Stuart Oberman: [00:17:04] Then, you have been running Sustainability for City of Atlanta. So, you know, what lessons – and I know it’s been a long, long journey being in the family and then becoming CEO. So, what roles helped you for this new CEO position? I mean, what have you learned? What previous roles helped?

Stephanie Stuckey: [00:17:24] Politics and –

Stuart Oberman: [00:17:27] That’s a blood sport.

Stephanie Stuckey: [00:17:29] Right. And being an attorney. I started out actually as a public defender in Fulton County, Georgia. So, City of Atlanta, that was overwhelming. I had 200 clients at any given time, which is welcome to the world of being a public defender. So, I learned not only the ability to manage a lot and perform under pressure. And know it’s not the end of the world if something goes wrong. Like, the ability to just put things in perspective has been critical.

Stephanie Stuckey: [00:18:01] One of my favorite sayings since I’ve taken over – and I stole it from another candy maker, Goo Goo Cluster. I stole those comments from their chief marketing officer. But she said, “When I get stressed out, I think it’s just candy.” So, that’s what I think. When I get overwhelmed with running Stuckey’s, like, “It’s just candy.” But having managed politics and running my own campaigns and working the City of Atlanta, which can be a blood sport. Just being able to roll with the punches and not get easily overwhelmed is critical.

Stephanie Stuckey: [00:18:35] The other thing I learned was almost all of my roles, I was fighting for the underdog. As a public defender, I would represent some really hard to represent individuals. As a politician, I was very active in environmental issues, which isn’t always the most popular, the Georgia General Assembly. And then, as an attorney, I practice environmental law representing Riverkeeper, Sierra Club. So, I represented environmental groups against large corporations. Many of the corporations with whom I now partner. So, it’s interesting turnabout.

Stephanie Stuckey: [00:19:08] But what I learned was the ability to persuade. If you can stand up for a tough cause – and that’s what you learn in law school – whether you believe in the cause or not, although it certainly helps if you believe in the cause, you’ve got to believe in something fundamental about the cause in order to really have it be a compelling case. So, like when I was a public defender, I may not have thought that my client’s case was the best case, but I believed in the justice system. So, you have to have a core set of values and beliefs that stabilizes you. But being able to stand up and persuade is a critical skill.

Stephanie Stuckey: [00:19:45] And everything I’ve done, and most critically in Stuckey’s, because I am trying to persuade financial investors, potential financial investors, potential large retailers who are used to doing business with established brands. And, yes, Stuckey’s has sticking power. We’ve been around for 80 years, but we’re a dusty brand. We’ve been losing money. We don’t have market share. And so, here I am trying to make the case to large, big box retailers, “You need to carry Stuckey’s products.” That’s a tough sell sometimes. So, just the ability to persuade and connect with people, it’s, I think, the most valuable skill you can have.

Stuart Oberman: [00:20:27] So, you had taken this audacious challenge of reviving this family brand. Most people that have had your experience are not even looking for a second career. They’re winding down their career. They’re like, “You know what? I’m just going to ride it out. I’m good.” And you’ve done a total career pivot. It’s this whole another world. Why?

Stephanie Stuckey: [00:20:48] Well, it’s interesting. I really think that this is what I was always meant to do. I just finally figured it out and it was later in life.

Stuart Oberman: [00:20:56] So, the message is, you know, from a goal standpoint, no matter what you do, who you are, it is never too late to start what you love.

Stephanie Stuckey: [00:21:05] Absolutely. And there’s so many great examples in business. I look at Harland Sanders with Kentucky Fried Chicken, he was in his 60s when he started that chain. I was the exact same age, age 53, as Ray Kroc when he bought the McDonald’s franchise from the McDonald’s brothers.

Stuart Oberman: [00:21:22] I wasn’t going to ask you your age.

Stephanie Stuckey: [00:21:23] Well, I don’t mind. Like, I know. I’m a Southern woman. My mom has cautioned me, “You got to watch what you say your age is, because suddenly I’m going to be ten when you were born.” So, I am very mindful that that is a fine Southern tradition, that we like to maybe not broadcast our age. But it’s relevant for this, because 53 was when I made that pivot. And I think it’s an excellent age.

Stephanie Stuckey: [00:21:52] And here’s why, especially for business. When you’re starting something that’s entrepreneurial – and I consider ourselves an 80 year old startup. I could not have gotten the financing to buy a manufacturing facility. And I got a business partner. I’ve mentioned him, but his name is RG Lamar. He’s a pecan farmer. He’s 17 years younger than me. Great age gap there, where we really do complement each other well. And he and I jointly acquired a pecan shelling and a candy plant in January of this year, so about six months ago.

Stuart Oberman: [00:22:25] So, not only are you reviving, you’re expanding out even more, taking more risk.

Stephanie Stuckey: [00:22:31] That’s right. Well, I’m getting back to our roots, which is we started as a pecan stand on the side of the road. And my grandfather had a candy plant. And I realized the way we were making our profit was through the sale of our product. Eighty percent of our profit is being driven by product sales. So, you double down on what’s working. That’s the other lesson, especially if you’re buying a distressed company, look at what does move the needle financially. And then, you hunker down on that.

Stephanie Stuckey: [00:23:01] So, the point I was getting to as far as my age, though, with buying this candy plant, which was a multimillion dollar acquisition, I could have never done that earlier in my life. It’s because I had a strong credit rating. It’s because I had some financial assets that I had acquired over the year that, actually, age 53 was the perfect year. Because at age 40, I would have never gotten a bank to approve a loan of this size. So, I think 50 plus is the best time to start a new venture. Financially, you are in a good position to be able to do that.

Stuart Oberman: [00:23:38] So, it’s taken you 30 years to be an overnight success.

Stephanie Stuckey: [00:23:41] Absolutely. And we’re not even done yet. Like, we’re just starting. The brand – I know I’m an optimist – we’re on the brink, really, of hitting it.

Stuart Oberman: [00:23:50] That’s a great point, because the roadside competition on the highways is brutal. Retail is brutal. I don’t have to tell you that. What’s sort of the plan going forward? What’s the growth plan? And I know certain things are obviously trade secrets and you don’t want to reveal, but what’s sort of the position going forward? How do you revive that?

Stephanie Stuckey: [00:24:12] Well, that’s why I take a lesson from politics. Because when you’re running for office, people frequently say, “Well, who else is running and tell us about your competition. How are you different from your competition?” And I learned pretty quickly to say, “I’m not here to talk about my competition. I’m here to talk about me. And more importantly, I’m here to talk about you. What can I do for you if you vote for me? What’s important to this community? What can I bring to the table that’s going to align with what you want?”

Stephanie Stuckey: [00:24:43] And so, yes, I’m very aware of the competitive market landscape on the Interstate Highway System. But at the same time, I’m more focused on what is the unique differentiator that Stuckey’s bring that will add value to customers. Having said that, I shop all the time at every roadside establishment. And I actually posted on LinkedIn the other day – I throw stuff out there on LinkedIn and I never know if it’s going to resonate or not. I put posts up that literally get, you know, 20 comments or likes. And then, I’ll put one up and it gets 3,000. So, this is one that really did resonate. And I put up that I was shopping at Bucky’s.

Stephanie Stuckey: [00:25:25] People always ask me, “Have you ever heard of Bucky’s?” And I try to be polite but I really want to scream. It’s like asking Pepsi if they heard of Coke. I mean, not that I have any pretense that Stuckey’s is at that level. But, you know, of course, I am aware of the competition on the highway. And not only am I aware of it, I stop all the time at Bucky’s. I stop all the time at T.A. I stop all the time at Pilot. And I’m taking notes. I’m paying attention. I’m looking at the customers and seeing what they’re interested in. I study the cars in the parking lot. Where are the cars coming from? What states are they coming from?

Stuart Oberman: [00:26:00] So, you’re doing your homework.

Stuart Oberman: [00:26:00] Are these families? Are these motorcycles? Are these people on a vacation, because you can see all the luggage? I study retail, and that’s exactly what my grandfather did. And I’m less concerned with beating the competition as I am with winning the customer. What is it that the customer wants? And I look at what is the competition offering where there’s a gap? Where is there a gap in what they are providing? Now, that’s where it’s trade secret. I have a whole list I compiled.

Stephanie Stuckey: [00:26:33] The other thing I do, I think, you got to use what you have as an advantage, even if others may see it as a vulnerability. We don’t have a big budget. We don’t have a big marketing team. In fact, I do the marketing for Stuckey’s, by and large. I have a few outsource 1099s who help me, but I pretty much do it myself. So, I use that to my advantage. I do my own LinkedIn post, and guess what? People respond because it’s real and it’s honest. And I don’t have the money to do market research to find out who’s stopping at Bucky’s and what do they think of that? Or what do they think of Pilot? So, I do my own research. I go on to Yelp. I go on to Google reviews. I read what people are posting. Now, some of that I think is fabricated, but some of it is authentic.

Stephanie Stuckey: [00:27:23] So, you do your own research and you pay attention. And you know what the market trends are and you read the industry publications. And I have a whole plan for how Stuckey’s is different. But more importantly, how we’re growing the brand right now is selling our product, because we do not own or operate any of our stores.

Stuart Oberman: [00:27:40] Did I [inaudible] that your growth is, like, 550 percent?

Stephanie Stuckey: [00:27:44] Oh, that was on the Internet. Our e-commerce.

Stuart Oberman: [00:27:47] Got it. Okay. Which is huge.

Stephanie Stuckey: [00:27:50] It’s huge. Yes. Because when I started we, basically, just had a Bare Bones website. And even then, we have done so little with the e-commerce because we just don’t have the capacity. We’re actually having a big confab this afternoon with our team trying to figure out how we’re going to prep for Q4, because we don’t have the capacity right now to make sure we can fulfill orders. But we will. We’ll have it together.

Stuart Oberman: [00:28:15] So, you bought a shelling and a candy plant in Wrens.

Stephanie Stuckey: [00:28:18] Yes.

Stuart Oberman: [00:28:19] Why? Because that was an enormous step for where you guys are at now. Why? What was the purpose of doing that? And from a CEO standpoint, what are your thoughts on manufacturing in America right now?

Stephanie Stuckey: [00:28:31] Well, there’s two questions here.

Stuart Oberman: [00:28:32] At least two.

Stephanie Stuckey: [00:28:33] Right. We could talk for an hour. But it gets back to the point I raised earlier, look at where the money is coming from. And Michael Coles taught me that. It’s a very basic concept but, still, having someone on the outside with that different perspective advising you. Michael Coles founded the Great American Cookie Company. He went on to run Caribou. And is just such an incredible businessman. And gave me a lot of advice, and he said, “Stephanie, you need to really look at where your money is coming from.”

Stephanie Stuckey: [00:29:03] And so, I put it in buckets and I realized the bucket that was sale of our product, not only to branded Stuckey’s locations, because there’s only 65 of them. And of those, only 20 are standalone stores. And of those, we don’t own or operate any of them. So, we have very limited control over that line. I realized that the biggest potential for growth was selling our product to third party retailers. So, Ace Hardware stores, tourism’s gift shops, you name it. High end gift shops is really what I’m looking for, and we’re getting a lot of those accounts.

Stephanie Stuckey: [00:29:41] And then, I was thinking we could get into big box retail. Well, we couldn’t get into big box retail because we couldn’t make the margins, because we’re not producing our product ourselves. They run their margins so tight, especially if you want to get into like a Walmart or Costco, and that’s a whole other conversation about whether or not you should get into those markets.

Stephanie Stuckey: [00:30:03] Because there’s two sides to getting into Walmart, right? They have low prices for a reason. And I don’t blame them, they want to offer that value to the consumer. But it’s not always a good deal for the business and their vendors. It depends on whether it’s a good fit for you or not.

Stephanie Stuckey: [00:30:22] But we couldn’t even play in that space unless we were making the product ourselves. So, we had to manufacture. The other thing is you can control the quality better. You can control the margins. And you can play with the big box retailers.

Stuart Oberman: [00:30:38] How was the quality before you became CEO? And where is it today?

Stephanie Stuckey: [00:30:42] It was okay. I would give it a C. Where it is today, is an A. It is the absolute best ingredients you can find at this facility that we have acquired. And that’s really been the differentiator. We’re not changing the recipe. This is not New Coke. But we’re getting the best ingredients. We’re getting the absolute most premium quality pecans that we are shelling onsite and going right next door and putting it into the candy, literally, as soon as it’s shelled. You can’t get fresher or better tasting.

Stephanie Stuckey: [00:31:15] We’re using real chocolate. I don’t think people always realize that if you buy a candy bar and the chocolate’s not melting, guess what? It’s not chocolate. So, we’re using real chocolate. We’re using real vanilla, not imitation vanilla. And you can absolutely taste the difference. And a lot of our product is made by hand. And I swear, you can taste the difference if it’s been made by hand versus going through an extruder, or any of the enrober, or some of the other. And we do use some of that machinery. But a lot of the process – and I filmed that and I put this up online – is done by hand.

Stuart Oberman: [00:31:54] So, you took a whole quality control overview. No matter what business you’re in, services, products, you took that overview and said, “This quality is a C. I want to get it to an A.” So, you just drilled down on the whole process on how to improve that. Which every business owner should do from a services or products standpoint.

Stephanie Stuckey: [00:32:14] That’s how we’re making our profit, is the sale of product. So, what can we do to improve the profit, and improve the quality, and improve the quantity of the product? And that all gets down to you have to control it. You have to do it yourself. And so, I knew I needed support with that. I got a business partner who could help me with the financing and help me with the negotiations. And RG negotiated the sale of buying an existing candy plant, existing pecan plants that was turnkey ready. And we are really turning the company around with that. And we’re expanding our market. So, we’re now exporting product. We exported three container loads of pecans to the Taiwanese.

Stuart Oberman: [00:32:59] Wow. Yeah. So, you’re taking a small little company, and now we’re doing exports.

Stephanie Stuckey: [00:33:03] Yeah. Yeah. So, I mean, you realize, like, so once you get into that market then you think – so your other question was about manufacturing. So, we’re manufacturing, so that opens up this whole world where we can offer direct to our customers. Most of our customers are other businesses. So, we’re more B2B, even though the front facing is what a lot of people remember about Stuckey’s. The way I’m rebuilding the brand is this B2B piece, and it’s by making it ourselves.

Stephanie Stuckey: [00:33:35] So, manufacturing, I really believe, is the key to turning our economy around, not just the key to turning Stuckey’s around. Making stuff ourselves, controlling the supply chain, not having to ship things from abroad. And even though the labor is cheap, the shipping costs are astronomical. And the delays are incredible. And you don’t have these relationships like you have if you are producing things domestically. And I try as much as possible not only to have vendors and partners, like who’s making our packaging, have them be U.S. I prefer Southeastern and even Georgia.

Stephanie Stuckey: [00:34:16] Because you can build those relationships. And it’s those relationships that if you’re in a bind, they’re going to back you up. They’re going to help you out. You’re going to say, “Oh, my gosh. I’m in a rut. I need packaging for a big order to fill. Can you provide it for me?” If you’ve got that relationship, they’re going to deliver, and vice versa.

Stuart Oberman: [00:34:37] You said bind, so if my research is correct, after you bought the company, you had a massive fire in one of your locations.

Stephanie Stuckey: [00:34:47] That’s right. Day two. Day two of ownership

Stuart Oberman: [00:34:50] And then, you had to work through the pandemic. So, tell us, as a business owner, head of this company, how did you get through those struggles?

Stephanie Stuckey: [00:35:01] Well, like I said, we do not own or operate any of the stores. So, that store burning, we did not own that store. But it was a big account for us, so we were losing the income from that account. They not only purchased product from us, but they paid a franchise fee and we waived the franchise fee for them the entire time. They were just building.

Stuart Oberman: [00:35:21] Which is another hit as soon as [inaudible].

Stephanie Stuckey: [00:35:23] Yes. Yes. And we just had to think about where else can we get revenue. And that fire made me look closely at how our branded locations were being run. And you’re a lawyer, this is lawyer show, so not to get too much in the weeds, but I realized that what we were doing was not running a franchise. We were licensing because we don’t have an operations program. We don’t have an operations manual. We don’t have a point of sale system. We don’t charge a percentage of sales. We don’t do any of the traditional indicia of owning and operating a franchise. We don’t even meet the legal definition. And so, that process of figuring out how we were going to deal with this one location that had closed turned into an opportunity for me to really hunker down and try to understand.

Stuart Oberman: [00:36:12] So, you took a failure into an absolute success.

Stephanie Stuckey: [00:36:15] Yeah. And I realized we really aren’t making our money through – and I’ve got air quotes here – the “franchising”. Because we’re not franchising and we don’t have the capacity financially or logistically staffing-wise to be running what’s a franchise system, either legally or realistically. So, we are transitioning all that to a flat out licensing program. And what we’re doing to make our money is we are selling product. So, that got me to reorient.

Stephanie Stuckey: [00:36:46] And I think the hardest thing when you are taking on an established venture like this is being able to let go of what that venture was. And in order to move it forward, you have to change things.

Stuart Oberman: [00:37:01] Dramatically.

Stephanie Stuckey: [00:37:01] And I had this total emotional attachment to Stuckey’s as this roadside store. Because, like so many of us, especially a certain era, I pulled over. I had that experience. And I want that again. But we’re not there yet. We don’t have the money to do that. You have to take a cold bath of reality and realize, “If I’m going to turn this company around, I have to let go of things to bring on new things that are going to grow the company.” I had to let go of that emotional and financial attachment that was weighing us down of we’re going to build back the stores. I still want to do it. I’m putting it on a shelf. But we’re making our money from selling our product. So, I got to do that. And not only just say I’m going to do it, I’ve got to go all in, hunker down on what’s working. And so, we bought a candy plant.

Stuart Oberman: [00:37:48] So, you’ve had to gut and rebuild, essentially, from square one.

Stephanie Stuckey: [00:37:53] Yes. Yeah.

Stuart Oberman: [00:37:54] Now, how did you get through the pandemic? Not that we’re out of it, but how did you get –

Stephanie Stuckey: [00:37:57] Online sales.

Stuart Oberman: [00:38:00] You had a whole different strategy, a regroup?

Stephanie Stuckey: [00:38:02] Online sales and getting new accounts with retailers who were thriving during the pandemic. So, I had to take a hard look at there are some businesses that did very well during the pandemic. Hardware stores is a great example. So, I mentioned Ace earlier, we got into over 250 Ace Hardware stores. So, you start going after the businesses that are doing well in a pandemic that are continuing to have their doors open.

Stephanie Stuckey: [00:38:35] Now, especially that we own manufacturing, have more opportunity to get into grocery channels for grocery stores who did well in the pandemic. So, we started opening up into more grocery channels. So, we’re in some food lines, not in all of them. And then, I started learning the grocery store business, which, frankly, the main thing I did in the grocery store business is to get a business partner who knows a grocery store business and let him do it.

Stuart Oberman: [00:38:58] Again, surround yourself.

Stephanie Stuckey: [00:38:59] My business partner, R.G., knows grocery channels. He understands slotting fees. He understands how they do their different pricing. He gets the promotional schedule. And so, he is running with that. And it’s amazing. You will soon see us in quite a few grocery store chains. I can’t wait.

Stuart Oberman: [00:39:18] I really can’t wait until the interview is over because there’s a lot of notes I need to make for myself.

Stephanie Stuckey: [00:39:24] Yeah. Thank you. I’m glad. I’m hopeful that, you know, this has some lessons.

Stuart Oberman: [00:39:28] It’s an amazing story. I mean, you started out in a very difficult spot growing, you know, 550 percent in this area. You took a risk. You bought a new plant, growth. I mean, it is truly a success story. It really, really is. And that’s why I wanted you to come in, because you had so much to offer, not only to our dentist, but, again, we’re talking about bankers that came up to us at the conference, “Hey, we’re now following Stuckey’s. What a great story.” So, it’s truly, truly a great story.

Stephanie Stuckey: [00:40:04] I love it. Tell them to get us some capital so we can actually rebuild the stores. But, you know, one thing I’ll add about that, because, yes, I did face a lot of challenges and I still do every single day. I heard Ralph Nader speak once – and you may love him or hate him, whatever, but this was good advice – he said, “It takes a certain amount of naivete to be a success were you don’t realize how hard it is or how rough it is.”

Stephanie Stuckey: [00:40:27] And he said when he took on the Big Three Automakers with his Unsafe at Any Speed book, he had no idea the immensity of what he was taking on. Because he was a really young Harvard grad, full of all this venom vigor, and he just went and did it. And he said, “Looking back on it, I realized how naïve I was and that was actually my strength.”

Stephanie Stuckey: [00:40:50] So, that’s when you take what may be a vulnerability and you turn it into your superpower. It probably was good that I didn’t have a business background. Because if I’d had a business background, I wouldn’t be sitting here today talking to you. I would be working on my sustainability initiatives

Stuart Oberman: [00:41:06] As we close, is there anything that you want to add that we haven’t covered, or what’s the future plans, or anything else we could add?

Stephanie Stuckey: [00:41:17] I think one of the the most important things I want to highlight – and this gets back to LinkedIn – because I scroll through LinkedIn all the time and I look and see what other people –

Stuart Oberman: [00:41:27] I was actually surprised. I have to say so, I was surprised you even got back to me. I can be honest with you, I’m like, “Okay, [inaudible].” So, here’s where I was even more surprised about, so I said, “You know what? This is a story I want our guys who listen to know this.” And I thought, “I want to invite her on the show.” I will tell you never in a million years that I think you’d even respond to my email.

Stephanie Stuckey: [00:41:48] Well, thank you. Yeah. I try to be accessible, and that is something I learned from politics. I remember when I first ran, I did this mail piece, and it went to, what seemed at the time, like an immense number of households. It was like 10,000 homes. And it gave my personal number. This was back when we had home phones. I gave my home phone number. And I remember my mother just being appalled and she said, “Honey, you can’t do that. You’re going to just be overwhelmed.” And I said, “Well, I want people to know that I’m accessible.”

Stephanie Stuckey: [00:42:15] And, you know, I didn’t get overwhelmed with calls even after I got elected. People will call you when they need you. And so, that gets back to the LinkedIn. I try to be accessible. I will say I am so overwhelmed with the sheer volume of LinkedIn messages. I’m getting now about 100 a day. It’s not personal if I don’t respond. And what I did was I put an auto response that says, “Please email me. I’m better at managing my email.” But I think I’m going to have to hire someone to help me manage the email.

Stuart Oberman: [00:42:45] You’re going to need people soon.

Stephanie Stuckey: [00:42:47] If I’m not responding, just try again maybe or email me. My email information is in my profile for a reason. A lot of people don’t put their email. You can actually email me. I will respond.

Stuart Oberman: [00:43:00] So, LinkedIn, how can they reach you on LinkedIn? And do you want to give us your email address?

Stephanie Stuckey: [00:43:05] I would rather people email me. So, it’s sstuckey@stuckeys.com. And you know, I took a page. I’m nowhere near anywhere even in the stratosphere of these men, but Jeff Bezos and Mark Cuban both post their email addresses, and they will sometimes respond. And, actually, Mark Cuban and I had a really nice exchange. I emailed him and asked him for some advice and he responded, and it was just amazing.

Stephanie Stuckey: [00:43:29] But I did have a final point. Sorry, we’re kind of all over the place. But you asked if I had a parting thought, and I was going to say, scrolling through LinkedIn, what we often see – and I do this too – is accomplishments. I won this award. We opened a new store. We were named best at blah, blah, blah, whatever, which is good. We should all celebrate those wins. But what you don’t see as much are the losses, are the hard times, are the missteps.

Stephanie Stuckey: [00:43:58] And so, I posted that the other day. I posted about how I’d gotten rejected from Tractor Supply. And I didn’t say that to shame Tractor Supply. I absolutely love Tractor Supply. If anyone’s listening, I would love to do business with you. Give us a second chance. I put it up more to say, you don’t always win them. We just don’t talk about that. And that we actually should be talking about that more. Because I think if you’re being hit with these rejections and all you see out there is people who are winning, winning, winning, it gives you this false sense of success.

Stuart Oberman: [00:44:32] It’s easy. Right.

Stephanie Stuckey: [00:44:32] Or yes, that it’s easy. It’s not. For every yes I get, I get nine no’s. I can’t tell you how many private equity investors have turned me down. I had one that said, “Well, we would be interested in Stuckey’s, but we would need to put in a real CEO.” Like, they basically said they were going to replace me. And I literally got off that call and cried. I had myself a good old fashioned cry. So, you get that every single day.

Stephanie Stuckey: [00:45:00] And I guess that’s what I want to leave with, is, you just have to keep going and you have to not let the successes get to your head. And you can’t let the losses bring you down. Otherwise, you’re just not going to move forward. I always say, I’m two steps forward, one step back. I really feel like I’m overall moving forward, and I just focus. Every single one of us has down days, every single one. It’s just your turn. So, you just accept it like, “Yeah. It’s my turn. It’s my turn to have a bad day.” But it doesn’t have to be because you learn from it.

Stephanie Stuckey: [00:45:40] And so, I’m just like such a huge advocate of – the Marines call it – embrace the suck. Just embrace the suck. Like, that is part of the learning. We should celebrate those losses. You celebrate them because you learn from them. If you don’t learn from them, then you just wasted a good loss.

Stuart Oberman: [00:45:57] Well, I mean, again, I can’t even thank you enough for coming on.

Stephanie Stuckey: [00:46:01] This is fun.

Stuart Oberman: [00:46:03] Literally, I learned something. You know, every time I talk, I learn something. I can’t even begin to start writing stuff down. I just can’t.

Stephanie Stuckey: [00:46:11] Thank you.

Stuart Oberman: [00:46:13] So, it’s an absolute pleasure. I know you’re extremely busy. So, I can’t really thank you enough for being on here. And I know that this will benefit to our listeners. There’s no doubt about it.

Stephanie Stuckey: [00:46:23] Well, I’m grateful to you for giving me the opportunity to to tell our story. Because that’s what it’s all about is getting the story out. So, thank you.

Stuart Oberman: [00:46:30] Yeah. My pleasure. Well, thank you for joining us on the Dental Law Radio podcast. And we’ll look forward to seeing you on air. If you need anything, any comments, concerns, anything we need to pass on to Stephanie, please feel free to email us at stuart@obermanlaw.com. Thank you and have a fantastic day.

About Dental Law Radio

Hosted by Stuart Oberman, a nationally recognized authority in dental law, Dental Law Radio covers legal, business, and other operating issues and topics of vital concern to dentists and dental practice owners. The show is produced by the North Fulton studio of Business RadioX® and can be found on all the major podcast apps. The complete show archive is here.

Stuart Oberman, Oberman Law Firm

Stuart Oberman, Dental Law RadioStuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the health care industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

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Tagged With: acquisitions, Brand name, Branding, candy, Oberman Law Firm, reviving a brand, Stephanie Stuckey, Stuart Oberman, Stuckey's

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