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Decision Vision Episode 11: The Atlanta startup ecosystem and the Siggie Awards – An Interview with Gordon Rogers, Avondale Innovation District

April 18, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 11: The Atlanta startup ecosystem and the Siggie Awards – An Interview with Gordon Rogers, Avondale Innovation District
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“Decision Vision” Host Michael Blake and Gordon Rogers

The Atlanta startup ecosystem and the Siggie Awards

Startup investor and mentor Gordon Rogers speaks with “Decision Vision” host Michael Blake on the history and development of the Atlanta startup ecosystem, the pivotal role of Sig Mosley in this community, and the “Siggie Awards,” which honor Sig’s contribution and recognize other noteworthy Atlanta investors.

Gordon Rogers, Avondale Innovation District

Gordon Rogers

Gordon Rogers is a three decade veteran in the Atlanta startup community, particularly in the field of education technology and online learning. In 1992, he founded a company that created one of the industry’s first learning management systems. He led the start-up from the bootstrapped stage to an IPO, through a merger with Paul Allen’s company, Asymetrix Learning in 1998, now part of SumTotal Systems, a SkillSoft company. He has spent the past 15 years working with startups in the ed-tech sector, including K-12, higher-ed and career & tech ed programs.

He mentors early stage ventures at Georgia Tech’s ATDC incubator and Flashpoint programs. As a social impact investor and entrepreneur, he advises Village Capital’s Ed-Tech Accelerator and Points of Light Civic Accelerator programs. He’s served as an advisor to over a dozen startups, including Authentica Solutions (now BrightBytes), Crescerance, ExceptionALLY, and RapidLD. In his role as advisor to CTE Portfolio, he works with Career & Technology Education directors to streamline Work-Based Learning and Apprenticeship Programs. CTE Portfolio can be thought of as a student-friendly version of LinkedIn.

He is Past President of Atlanta Technology Angels, and serves on the TAG Top 40 committee. He co-founded Teachers & Techies, a group of educational innovators working to improve technology in schools. He also serves as a guest lecturer and business competition judge at Georgia State, Georgia Tech, Emory, University of Georgia and Kennesaw State University business schools.

The Avondale Innovation District™, located in downtown Avondale Estates, is a place-based urban development designed specifically to support entrepreneurs and creative professionals, foster open innovation, attract and accelerate new business ventures. It is the venue for the inaugural Siggie Awards.  The “Siggies” are a way to recognize some of the unsung heroes in the Atlanta startup community: early-stage investors. The “Siggies” are named after Sig Mosley, Managing Partner of Mosley Ventures. To nominate an Atlanta investor for a Siggie award or to get more information on the inaugural event on May 15, 2019, click here.

Michael Blake, Brady Ware & Company

Mike Blake, Host of “Decision Vision”

Michael Blake is 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. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

He 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.

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 here. Decision Vision is produced and broadcast by Business RadioX®.

 

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show Transcript:

Intro: [00:00:01] Welcome to begin 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 that helps businesses and entrepreneurs make vision a reality.

Michael Blake: [00:00:20] And welcome to another episode of 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. Rather than making recommendations because everyone’s circumstances are different, we talk to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:38] My name is Mike Blake, and I’m your host for today’s program. I am 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, which is where we are recording today. Brady Ware is sponsoring this podcast. If you like this podcast, please subscribe on your favorite podcast aggregator, and please also consider leaving a review of the podcast as well.

Michael Blake: [00:01:03] So, today, we’re going to talk about a startup project in Atlanta called the Siggie Awards. And we’re going to talk a little bit about the award program itself, but also dig into what goes into launching an award program, what it takes to build and sustain one, and whether you, as a business owner or decision maker, should consider being involved in an award program in your community.

Michael Blake: [00:01:25] And to help us today is Gordon Rogers, the Avondale Innovation District. Gordon is a 25-year veteran of startups in the field of digital education and learning management, both as a founder and an investor. Gordon is a mentor at Georgia Tech’s ATDC and Flashpoint Accelerator Programs, as well as Managing Director of Vernon Bridge Ventures, an early-stage capital advisory firm. He serves on the advisory boards of Authentica Solutions, Crescerance, ExceptionAlly, and Rapid LD.

Michael Blake: [00:01:55] As a social impact investor and entrepreneur, he advises Village Capital’s Education Accelerator, as well as Points of Light Civic Accelerator programs. He is also past president of Atlanta Technology Angels. He sits on planning committees for Venture Atlanta and TAG, Technology Association of Georgia, Top 40. He also serves as a guest lecturer and business plan competition judge at Georgia State University, Georgia Tech, Emory University, Kennesaw State University, and the University of Georgia Business Schools. He has made angel investments in mobile learning, online language training and employee wellness companies, and virtual world startups.

Michael Blake: [00:02:32] Gordon’s newest project is serving as venture partner of the Avondale Innovation District located in downtown Avondale Estates, which is almost due, well, I guess north and east of Atlanta. Avondale Innovation District is a place-based urban development designed specifically to support entrepreneurs and creative professionals foster open innovation, attract and accelerate new business ventures. It is the venue for the inaugural Siggies Awards. The Siggies is our way to recognize some of the unsung heroes in the Atlanta startup community. The Siggies are named after Sig Mosley, who is the Managing partner of Mosley Ventures and is widely regarded as the godfather of the Atlanta early stage investment community.

Michael Blake: [00:03:17] In addition, Gordon, how many children do you have? Seven or eight?

Gordon Rogers: [00:03:20] Seven at last count.

Michael Blake: [00:03:22] Severn at last count.

Gordon Rogers: [00:03:23] We’re holding.

Michael Blake: [00:03:24] And holding steady. Very talented, by the way. I’m an amateur musician. Gordon’s family is a gaggle of musicians and have some fascinating YouTube videos. In particular, a couple where they all play around the same piano doing a couple of songs. He’s doing percussion, playing the strings, playing the keys. And it’s remarkable, not only the musicianship, but they all get along well enough to accomplish that.

Gordon Rogers: [00:03:51] For those three minutes.

Michael Blake: [00:03:51] For those three minutes. Well, I have two, I have two kids, I’m not sure I can accomplish that for those three minutes. So, congratulations to you.

Gordon Rogers: [00:03:59] Thank you.

Michael Blake: [00:03:59] And I guess I didn’t realize how much you’re involved in addition to your expansive family. How on earth do you find the time for this?

Gordon Rogers: [00:04:12] Well, as you know, kids grow up. So, most of them have finished college by now. So, they’re “self-sustaining adults.”

Michael Blake: [00:04:21] Congratulations.

Gordon Rogers: [00:04:23] And we have one about to graduate from high school. So, we are not quite as encumbered as we once were.

Michael Blake: [00:04:30] The herd is somewhat thinning, I guess.

Gordon Rogers: [00:04:32] Yeah, but it’s kind of like a herd of cats.

Michael Blake: [00:04:34] But you’re still — I mean, you’re still busy, but you somehow found time to take on this new project. So, you, obviously, have a lot of demands on your time. You don’t say yes to everything. Why did you say yes to this?

Gordon Rogers: [00:04:46] Well, it was a chance to work with two people that I’ve admired and enjoy working with for quite some time. Ed Rieker, who is the guy who started and launched Avondale Innovation District, a serial entrepreneur from ATDC and others who have several healthcare startups that have gone on to success. And he’s always been a great supporter of the startup community.

Michael Blake: [00:05:11] Yes, he has.

Gordon Rogers: [00:05:10] And I’ve worked with him for, at least, 10 years. As a matter of fact, fun fact, I think, Mike, you and I were behind the microphones at a different podcast in 151 Locust in 2010.

Michael Blake: [00:05:27] That sounds right. Yeah, the old Startup Lounge Podcast.

Gordon Rogers: [00:05:29] The Startup Lounge Podcast was there. And you and Scott were kind of the originators of this whole process. And 151 Locust was an old farmhouse that Ed converted in the middle of Avondale Estates into a co-working space. And we held a lot of events there, one of which was hosting your Startup Lounge Podcast.

Michael Blake: [00:05:51] Yeah. And that was sort of a co-working space before it became cool to have co-working spaces. Really, I mean, before Atlanta Tech Village, before Tech Square, before Opportunity Hub, before for any of these guys, right?

Gordon Rogers: [00:06:03] Ed was a man ahead of his time.

Michael Blake: [00:06:06] And so, you’re involved now in the Avondale Innovation District. And then, at some point the conversation came up, “Let’s have, I guess, an awards ceremony,” or was that you’re just sick and tired of Sig getting every award there is? So, we’ve got to find a way to give an award to somebody else. How did that conversation come around?

Gordon Rogers: [00:06:24] It was a little bit of both. We thought, “Okay, Sig has received a lot of awards. Maybe it’s time to put him on the other side instead of being on the receiving end,” which is well-deserved over all those years. But to give him yet another award might be just another of the same old, same old.

Gordon Rogers: [00:06:43] And we both recognized that Sig has been around, a fixture really, for three decades or more. And he really is the guy who got the whole angel early startup program off within Atlanta. And, now, it’s time that he kind of takes a little more time to go off to his villa in Costa Rica and other places. And there’s so many other people around the community that are doing similar work but may not get such recognition. So, we thought, what better way to honor that legacy that Sig has created and let him provide some accolades to others, other deserving souls?

Michael Blake: [00:07:27] And I think there’s another benefit. I do want to get into the notion of recognizing people are social contributors. But, also, for a long time, this town was basically Sig, and maybe Charlie Paparelli, and maybe Steven Fleming. And if those three said no, you basically felt like your deal was done.

Michael Blake: [00:07:47] And Sig is still so highly regarded. He’s such an important fixture that I think a lot of people who would like guidance and funding themselves don’t realize there are many active people, maybe more active at their stage of their lives versus Sig at this point that can be resource to them. It’s an opportunity to highlight that and pass the baton on in a way, sort of, kind of, this group succession planning. Is that a reasonable way to think about it, or am I off the reservation?

Gordon Rogers: [00:08:16] No, I think you’re right. And let’s go back to another throwback to that Startup Lounge here. I don’t know if it was you or your buddy, Scott, that came up with that t-shirt “Sig said No.”

Michael Blake: [00:08:28] That was Scott. He was the funny one.

Gordon Rogers: [00:08:29] All right. So, just for those who weren’t around in that era, there was a T-shirt that kind of threw a little bit of humor at. If you got a no from Sig, essentially, your startup was dead in the town of Atlanta. And that put a lot of pressure on Sig, of course. And it just didn’t give a lot of opportunities for people with ideas to go somewhere else.

Michael Blake: [00:08:54] I think Sig would tell you, he didn’t want to be in that position.

Gordon Rogers: [00:08:57] Absolutely not.

Michael Blake: [00:08:57] He did not want to be that that grand inquisitor, that grand executioner.

Gordon Rogers: [00:08:59] Right, exactly. But he was the default. And I look back, and if you look at Silicon Valley, if Ron Conway was the only guy out there that made angel investments, where would that be today? There’s a lot of Ron Conways out there. And I argue there’s a lot of folks like Sig, but they don’t have the same name and reputation. And, now, it’s time to build more pillars. I mean, he’s been the central tent pole, but we need others holding up the tent as well.

Michael Blake: [00:09:29] I think part of that is cultural too. I think Silicon Valley has a culture where if you’re an angel investor, you’re kind of like the rock star mentality, you’re kind of okay with the spotlight and drawing a lot of people to you. I think, in Atlanta, we still have a little bit more keep it close to the vest. Yeah, I’d like to make some investments, but I don’t necessarily want everybody knowing that I have the wherewithal financially to make those investments too.

Gordon Rogers: [00:09:55] Fair enough. And, yeah, Sig is kind of the unsung hero. And he is, obviously, responsible for a lot of successes. But you know what, you can’t rely on one person because that one person is not going to do it forever. And so, if you want a sustainable ecosystem you got to have a lot of people in the game.

Michael Blake: [00:10:12] So, you’re setting up this award program. What are you looking to reward? What are you looking to acknowledge and bring to light? What categories do you want to acknowledge people in?

Gordon Rogers: [00:10:26] Well, the first people who we’re turning to are those entrepreneurs who have raised capital and want to recognize the angels and mentors that have helped them do that. So, for founders that have started companies and raised anywhere between, say, 250K up to a million dollars, it’s an actual seed stage investment.

Gordon Rogers: [00:10:47] We want them to nominate angel investors and others who have helped them raise that round because anyone who’s done a startup knows that that first round is probably the hardest. And the more people that are involved in that process, the better chances you have of getting that first round. So, that’s the launching pad. So, that’s one award.

Michael Blake: [00:11:09] Okay.

Gordon Rogers: [00:11:11] The other one is Investors’ Choice, which comes from angels choosing other investors and recognizing other investors. And that’s not necessarily people who write the biggest checks or the most checks. It’s the people who are there helping those startups refine their pitch deck, work on product market fit, mentor them through the many different programs that are around here today, which were not around back in the Startup Lounge days.

Gordon Rogers: [00:11:41] Besides ATDC, which has been there all along, but you’ve got the Farm, you’ve got TechStars. Most of the universities have entrepreneurship programs. All those rely on outside mentors and many angels to help provide that support. And those are the people we’re looking to recognize.

Michael Blake: [00:12:02] Now, you also have a category, an award called the Resurgent Award. What is that? Who do you think the ideal nominee for that award would be?

Gordon Rogers: [00:12:11] Well, yeah. We had a list of potential award categories, and I came up with 8 or 10, and we had to pare it down. But the two that Sig really, really wanted to make sure got recognized, one of those was that, originally, we call it the Comeback Kid, but it’s recognized as a fact that not every founder and, certainly, not every startup is successful the first time around. And we need to recognize and honor those who have gone through failure and be willing to do it again, and maybe got socked by the markets, or they had missed the product market fit, but they learned from that, and that wasn’t the end of their journey. And so, by giving this award and this recognition to someone who is “resurgent,” we want to encourage failure, and learning from that, and continuing. And that’s how you build the ecosystem.

Michael Blake: [00:13:09] And Bill Gates is famous for saying that, “That success is a lousy teacher.” I think that concept is so important. My wife is in entrepreneurial venture. And her business partner, who himself has had a couple of failed ventures said that, I think is very profound, “If you don’t start a business after the failed one, then you’ve wasted the most expensive education you’ve ever had.”.

Michael Blake: [00:13:36] And I think that’s profound, right? When you get to sort of rewind, you realize, “I should have paid more attention to marketing,” or “I should have had a compensation program that was different,” or “I should have pivoted.” Whatever those would have, could have, should have were, you gain no value from them if you don’t find some way to, sort of, act upon them and profit that, right? And profit from that.

Gordon Rogers: [00:13:58] Exactly.

Michael Blake: [00:13:59] And, of course, the other part of that is it requires an investment community to be accepting a failure. And one of the criticisms of the Atlanta ecosystem for a long time has been, one and done. You lose money, you get that reputation, you’re damaged goods, and you’re just done. Do you think that’s changing now in the Atlanta area? Can you get a second shot?

Gordon Rogers: [00:14:24] Absolutely. And that’s what the purpose of this award is to recognize that shift. Before 2010-2011, I would say what you just described was absolutely the situation. As more capital has come in and as investors have become more sophisticated, they are looking at the founders and say, “Did you learn from this? Are you coachable? Are you willing to try again?” And they’re willing to give them another shot. And that’s the whole purpose of this award is to recognize that the shift has occurred and to encourage that failure. We’re willing to try and try again.

Michael Blake: [00:15:03] So, you’ve mentioned the timeline of the startup community here in Atlanta. And you and I have both been referred to as the OGs of the community. I’m not sure how I feel about that, but I’m going to lean into it for the time being. What are some of the other ways you’ve seen the startup community here evolve in the last 10-15 years?

Gordon Rogers: [00:15:22] Well, again, the support infrastructure that did not exist back when 151 Locust was, as you’ve mentioned, the first co-working space, before it became cool. Now, you cannot throw a rock without hitting either an accelerator, incubator, or co-working space. And that’s also part of a stronger ecosystem. Back before, if you try a startup, and you were working out one or two places that were the only place you could go, if you failed there, you might want to go somewhere else, but there really wasn’t anywhere else.

Gordon Rogers: [00:15:59] And, now, you can bounce around from one accelerator program to the next. And, hopefully, you’re learning something from those. And those accelerator programs, they’re not all based just here. They’re part of national chains and international organizations, such as TechStars, for example. They are bringing international focus to these startups. And so, they plug those founders into a network, not just of national but international investors and customers. And so, none of that infrastructure was there even five years ago. It’s really shifted in the last few years.

Michael Blake: [00:16:33] Yeah. Even in Chamblee, where I live, there are, at least, two co-working spaces of, which I’m aware. And then just three miles north up Peachtree Boulevard, this Prototype Prime, Sanjay Parekh is out there. We’ll get him on a podcast at some point. And, now, you’re seeing some market segmentation, right? Each of these are bringing something a little bit different to the table. Globe Hub in Chamblee has sort of an international focus, and Prototype Prime has a maker space, and Opportunity Hub has become a focus for minority entrepreneurs or entrepreneurs of color. Kind of interesting how that’s shaking out, isn’t it?

Gordon Rogers: [00:17:12] Yeah. Well, because there’s so many products out there, there has to be some product differentiation. One aspect, a potential downside that I worry about is growth of a species called accelerators surfers. And that’s people who really don’t necessarily have a business plan, but they can exist and survive three months at a time going from one accelerator program to another. Hopefully, they’re learning from that program, but it could also be a lifestyle. It’s like, “Hey, this is cool, I get to hang around with other innovative thoughtful people,” and they go through three or four accelerators, and they still don’t have a product. But, hopefully, that’s not going to be the case with most entrepreneurs.

Michael Blake: [00:17:55] Now, one thing I would argue has been, I think, a refreshing constant of the Atlanta community is even though capital has been hard to come by, historically, and to some extent appropriately so, there’s always been, I think, a very broad willingness to kind of pitch in not necessarily because you think you’re going to get something out of it, but I think people like you, like Sig, like many others, Scott Burket, have been very willing to give of their time to be a resource to help the entrepreneurs up their game, because I think that’s been another shift. I think entrepreneurs on the local market are better. I think they’re more skilled, they’re more sophisticated. What do you think?

Gordon Rogers: [00:18:36] Well, I agree. And I agree, the mentorship aspect has always been healthy and robust. But without the other side of that coin, literally, which is writing checks, the capital does still have to be there. Now, arguably, you can do more with less capital, and that has created a much bigger funnel of choice for VCs and angel investors because if you have an idea, and you can set up a wireframe, and get yourself a cloud account, you may have a company.

Gordon Rogers: [00:19:09] And so, as a result, thousands of companies are created. How many make it across the finish line? How many are actually able to raise capital? That’s a tougher thing to look at. And so, with a large pipeline, one of the benefits of these accelerators is you can help whittle down the actual likely people who are going to succeed out of those programs.

Michael Blake: [00:19:32] I guess, part of it, also, and I post this on a chart of the day about a week and a half ago, and you just alluded to it, the cost of starting the business now is so much less. It’s down to orders of magnitude in the last 20 years, right? I guess, part of the other side of the coin is you may not need the coin, right? Bootstrapping a company is much more viable than it was even five years ago. So, there’s actually a little, I think – tell me if I’m wrong- – there’s a little bit of a supply crunch to of companies that might have been coming to you, or to Sig, or to Atlanta Technology Angels. They’re not coming to them anymore because they’re finding they can do it on their own, thank you very much.

Gordon Rogers: [00:20:15] Well, absolutely. And the more of that, the better because startups should not have to rely solely on VC and venture funds to get off the ground. And by being able to go further and achieve some kind of customer penetration with bootstrap funds, and they become healthier, then that just raises their own valuations, and then puts those founders in a much better position, more in the driver’s seat when it comes to negotiation for valuation, when it comes time to actually raise capital.

Michael Blake: [00:20:46] Now, I understand you’re partnering with a nonprofit organization in putting the Siggies together. Tell us about that.

Gordon Rogers: [00:20:51] Yes. Well, one of the important things that we wanted to do here is to bring members of the investment community, angel community together with those who are supportive of nonprofits. And so, we wanted to find a nonprofit that followed the philosophy that we all support. And in this case, STE(A)M Truck is the one that we selected. And STE(A)M Truck, started by Jason Martin three or four years ago, essentially, is maker labs on wheels. They travel around the schools that don’t have their own facility, and it teaches STEM and STEAM skills to middle-school kids, and it gives them the access to those facilities that they might not otherwise have. And he’s grown from one pickup to five or six trucks and trailers in the last four years.

Michael Blake: [00:21:45] And so, why them? What’s that connection that you saw, or what connection did they see with you?

Gordon Rogers: [00:21:53] Well, I first met Jason when he was in the Civic X Accelerator Program, which Points of Light started several years ago. And that’s where nonprofits and social enterprises learned, build, and perfect their business model, so they can become sustainable. And they were scrappy, they figured out how to do it. And they’ve lasted several years now and grown to serve thousands of kids all around Georgia.

Gordon Rogers: [00:22:24] And so, to me, that’s a model that more nonprofits and social enterprises need to be able to follow. Still, they need capital, they need help. And by bringing them in the same room as investors in more for-profit startups, hopefully, there’s going to be some serendipity there, and people will take a look and say, “Yeah, this is a great model.”

Michael Blake: [00:22:47] Okay. So, I want to switch a little bit to kind of the nuts and bolts because, I think, a lot of people think about starting awards programs, getting involved in awards programs. You’re now doing it. Is this the first one? I guess not because you’ve been involved with Tag top 40, Venture Atlanta, and awards program of sorts, at least, as competitive to be invited to make a pitch. And that’s become a very successful exercise on its own right. Probably one the most awarded in Atlanta now.

Michael Blake: [00:23:19] From your perspective, you’re a successful individual, you got a lot of demands in your time, why choose to be involved in awards programs? Why is that a good outlet for your time or a good use of your time?

Gordon Rogers: [00:23:31] Well, I guess, I looked at this, and Ed and I kind of put our heads together, and we decided, “Okay, let’s go from ironic to iconic.” And so, we’re going to start off with — it’s sort of tongue and cheek. It’s not-

Michael Blake: [00:23:44] That sounds like Ed, by the way.

Gordon Rogers: [00:23:46] Yes, yeah. We decided not to take this too seriously. And, thankfully, Sig is happy to play along. So, we’re not giving out any kind of gold statuettes. We’re actually giving out bubbleheads with Sig’s likeness on it. And, again, we stole that idea from Scott because he had that idea back in the day. And we’re looking at some interesting things. Our version of the swag bag for the winners is the Siggie sack. And so, there will be some interesting things in that for the winners.

Gordon Rogers: [00:24:18] And so, we hope to have fun along the way, not take it too seriously. It is the first one of these awards. So, it’s the inaugural Siggie awards. But we’re hoping it will become an annual event, a must-attend event. And, again, as people age out of the ecosystem like Sig, he’s not going to be here forever, we need to build that next generation. So, my tag line for this is “Star Trek the Next Generation.”

Michael Blake: [00:24:48] Okay. Well, yeah. And I think for something like this, it is important not to take it too seriously.

Gordon Rogers: [00:24:56] That’s why we’re bringing you and Scott in to help with that.

Michael Blake: [00:24:59] I clearly see. Clearly, you’re not afraid of failure. That’s for sure.

Gordon Rogers: [00:25:02] Right.

Michael Blake: [00:25:03] Just as a side note, we’d contemplated doing some kind of awards program. We just didn’t have the time to pull it off. But we did get as far as we were going to name at the Shafties.

Gordon Rogers: [00:25:14] Okay.

Michael Blake: [00:25:15] Because the Startup Lounge logo was a gear shift. So, we’re going to give people like a golden gear shaft or something like that.

Gordon Rogers: [00:25:23] Right, right.

Michael Blake: [00:25:23] But we couldn’t really decide if that was going to be kind of too edgy or not. So, it kind of died there.

Gordon Rogers: [00:25:29] Well, we think the community is matured enough that they are ready for this kind of event.

Michael Blake: [00:25:34] I think so. I think you’re going to find that there’s going to be a tremendous amount of community support. Of course, Brady Ware supporting the program.

Gordon Rogers: [00:25:42] We appreciate that.

Michael Blake: [00:25:43] And we’re delighted to be a charter sponsor, so.

Gordon Rogers: [00:25:45] We know Sig is willing to play along because, again, going back to the 151 Locust days, we had those events called the Spring Fling. And we took over the streets. And there was a dunk tank, and guess who was in the middle the dunk tank? Sig Mosley.

Michael Blake: [00:26:00] He was. I did the dunk tank as well, and I learned a couple of things. The one I learned just how much my children hate me because when they couldn’t hit the target, they would just simply walk up and smack the target to make sure that I would be dunked.

Gordon Rogers: [00:26:17] Right.

Michael Blake: [00:26:18] Have you ever done a dunk tank?

Gordon Rogers: [00:26:20] I did. At that point, yes.

Michael Blake: [00:26:21] It is-

Gordon Rogers: [00:26:22] I didn’t let my kids participate though.

Michael Blake: [00:26:23] It is jarring.

Gordon Rogers: [00:26:25] It is.

Michael Blake: [00:26:26] I don’t think my back has ever been so wrenched as to when, all of a sudden, the seat just sort of gives way. And even though you fall into a tank of water, now, I know how the coyote feels basically when that happens. It’s a surprisingly weird physical experience.

Gordon Rogers: [00:26:41] Well, as I said, Sig has a good sense of humor, but he drew the line at that. He wouldn’t do the dunk tank this time.

Michael Blake: [00:26:46] Well, everybody has to draw the line someplace.

Gordon Rogers: [00:26:48] Yeah.

Michael Blake: [00:26:52] Thinking as somebody, then, who is a financial contributor, what’s the case for a company that has limited funds, limited marketing budget to support awards programs like this?

Gordon Rogers: [00:27:06] Well, I think it shows that they are recognizing the importance of building the community. And I hate to use that proverbial, it takes a village term, but it really does. And by participating in that, I mean, these things don’t happen automatically. We have to pay caterers. And, thankfully, Ed is really digging into his own because he’s providing the facility without charge.

Gordon Rogers: [00:27:32] And it’s also to showcase the fact that there are other centers of activity besides Midtown, and Buckhead, and Alpharetta. Avondale Estates is kind of a well-kept secret, although it’s due east, five miles due east of Ponce. So, we just want to show showcase the fact that there’s other parts for entrepreneurship activity around Atlanta. And it’s a stone’s throw from downtown Decatur.

Michael Blake: [00:28:02] You’re right about that. I mean, Decatur is sneaky entrepreneurial. Avondale is sneaky entrepreneurial. Chamblee is sneaky entrepreneurial in that way as well. I haven’t thought about that, but you’re right. A way to sort of — and there’s nothing wrong with the center of gravity, and the Georgia Tech Mafia and so forth, but there’s a lot of Atlanta that is not Georgia Tech, and TechSquare, and ATDC. And they’re great organizations, but they’re not for everybody. They’re not for everybody from a programmatic perspective. And we know how hard it is to get around town too, that for somebody coming in from Avondale Estates having to go into Midtown, that’s not an insignificant time commitment anymore. So, being able to localize these things, I think, is really important.

Gordon Rogers: [00:28:46] That and the fact that, as you’ve pointed out, as the economy has improved, rates for per square foot have gone up in those areas that you just mentioned. And most startups are pretty cash-strapped. And while some of these programs do give them free rent for two to three months, eventually, they have to start paying. And no one wants to commute two hours to get to their office. And so, they can find affordable space along with other people – mentors and co-workers – who are doing similar things with startups that provide that support. Then, they shouldn’t have to drive for two hours to get there.

Michael Blake: [00:29:27] So, how do you define — have you set a vision for this program will be a success if A, B, and/or C happen? And if so, what are those A, B, and Cs?

Gordon Rogers: [00:29:40] I guess if we get a flood of nominations for these different categories and get a lot of people recognized for what they’re doing, and we get a great turnout on May 15th at Avondale Innovation District, I think those are the things. And if we get people who were not prior to this event, didn’t have that awareness, or didn’t have that recognition. And so, then, founders can say, “Well, here’s some more people that I can tap into that I didn’t even know existed.” And so, again, it’s spreading the word about the entrepreneurial ecosystem.

Michael Blake: [00:30:17] Is there also a hope that perhaps by recognizing those who have made those contributions that it might inspire others to follow suit and maybe be that generation after next?

Gordon Rogers: [00:30:28] Yes, what you said, exactly.

Michael Blake: [00:30:29] And, hopefully, inspire the current one maybe to expand that as well, I guess.

Gordon Rogers: [00:30:34] Absolutely.

Michael Blake: [00:30:35] So, I think one of the challenges that awards programs have is they can become a little cynical. I think, you’ve probably seen it. I know that I have. They can be taken over by sponsors. They can start to become a vehicle, whereby the primary goal starts to become not so much recognizing whatever it is the award program was supposed to recognize. But then, sponsors want to recognize their clients, people on the board selection committee want to nominate p they can generate business. We’ve both seen that. And I’m sure you’re very aware of that. How do you keep an award program like this from going in that direction to make sure that it maintains its value over the long term?

Gordon Rogers: [00:31:32] Well, I think, by adhering to the standards. Ed, as I pointed out, has graciously agreed to put this event on. And, obviously, he’d love to have help from others, but there’s no real necessity to bow to that kind of financial pressure. We want people who are going to contribute on the basis of recognizing and helping building that ecosystem. And so, hopefully, we can stay true to that philosophy.

Michael Blake: [00:32:03] Do you see this award continuing to be to be run 5-10 years from now?

Gordon Rogers: [00:32:11] I would think, yeah, that’s quite a possibility. I mean, I think, it’s a — again, a lot depends on the first couple of years. It always takes a while to get these events off the ground. I remember with Tag Top 40, that was a much smaller production than it is now. And it takes two to three years to get these things into momentum. Even Venture Atlanta started off relatively small scale back in, I think, 2010 when they started or ’09. And it’s been a great success, but it’s taken a few years to get to reach their stride.

Michael Blake: [00:32:47] One of the things I’ve found, as I’ve been involved in a few of these things, it’s surprisingly hard to get nominations. I’ve always found that. I always figured, “Well, having award and nominations are flowing. Who wouldn’t like to have the public recognition, have people clap for you, etcetera, etcetera, so they get a front seat of the banquet?” But it’s actually deceptively hard to get a good nomination flow, isn’t it?

Gordon Rogers: [00:33:09] Well, it is. And, also, people don’t necessarily like to follow directions. When I send out this-

Michael Blake: [00:33:13] I have teenager, so I’m familiar with that. Yes.

Gordon Rogers: [00:33:15] Well, yeah, but even adults. You send them an email saying, “Hey, we’re having this event. Here’s the link to the Siggie awards site. We’d love for you to nominate.” And they reply, “Oh, great idea. Here’s five people I want to nominate.” And they missed the fact that, well, you need to fill out the form because why you’re nominating this individual, et cetera. So, I appreciate their willingness to help, but they’ve got to take that final step to actually get the nominations.

Michael Blake: [00:33:41] Yeah, if you break the — And we ran this at Startup Lounge to is that people want to be in the program, but they know us. They figure they can just send us an email, but the thing is we have systems of knowing who’s going to be in. If you break the system, then we might remember you’re coming, or we might not remember that you’re coming, right?

Gordon Rogers: [00:33:59] Right.

Michael Blake: [00:34:00] It’s not personal. It’s just Scott and I aren’t all that bright to, sort of, remember everything.

Gordon Rogers: [00:34:05] Well, you got a lot going on.

Michael Blake: [00:34:05] So, in order to sustain this program, what do you think are the key two or three things you need to make sure that this program is sustainable, so 5-10 years, we are still talking about, hopefully, as, by then, an institution of the Atlanta startup scene?

Gordon Rogers: [00:34:26] Well, for that, I would almost prefer to throw that over to my colleague and your good friend as well, Peter Baron of Carabiner Communications, because they are our communications partner. And they are starting to socialize this. And they are the experts on how to make something like this become, hopefully, a meme or something that people want to get to, what’s the buzz, and let’s find out what this is all about, and it’s a must-attend event.

Gordon Rogers: [00:34:55] Now, that doesn’t happen overnight typically, but by getting it into the hands of the right people and building awareness in the communications side of things with the owners and the investors, hopefully, the VCs will pay attention to this because this is helping their pipeline down the road. Typical VCs aren’t going to invest in the seed round, but they do want to keep their eyes open for the promising entrepreneurs. So, it behooves them to have this event continue because five years from now, they’re going to be writing series A and B checks for those same entrepreneurs.

Michael Blake: [00:35:31] It is a visibility into who is working with lots of entrepreneurs too, right-

Gordon Rogers: [00:35:35] Oh yeah.

Michael Blake: [00:35:35] … because you’re networking your pipeline?

Gordon Rogers: [00:35:37] Yes.

Michael Blake: [00:35:37] So, all right. So, I’m running out of time. So, we have to kind of wrap this up. How can people contact you or follow you to learn more about the Siggies?

Gordon Rogers: [00:34:54] Well, I’m on LinkedIn at Gordon Rogers. The Siggie Awards has its own site, siggieawards.com. And so, I would start with those two.

Michael Blake: [00:35:56] All right. Well, that’s going to wrap it up for today’s program. I’d like to thank Gordon Rogers so much for joining us, and sharing his expertise with us, and helping us learn more about the Siggie Award Program.

Michael Blake: [00:36:07] 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 a clear vision when making it. If you enjoy this podcast, please consider leaving a review with your favorite podcast aggregator. It helps people find us, so that we can help them. Once again, this is Mike Blake. Our sponsor is Brady Ware & Company. And this has been the Decision Vision Podcast.

Tagged With: Dayton accounting, Dayton business advisory, Dayton CPA, Dayton CPA firm, Emory University, Gordon Rogers, Investors Choice, Kennesaw State University, Michael Blake, Mike Blake, Mosley Ventures, Sig Mosley, Siggie Awards, Siggies, startup community, startup ecosystem, startups, venture capital, venture capital funding

Decision Vision Episode 10: Should I Have a Quality of Earnings Report Done? – An Interview with Teresa Snyder, Brady Ware & Company

April 11, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 10: Should I Have a Quality of Earnings Report Done? – An Interview with Teresa Snyder, Brady Ware & Company
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Teresa Snyder, Brady Ware & Co., and Mike Blake, Host of “Decision Vision”

Should I Have a Quality of Earnings Report Done?

What is a quality of earnings report? Why would I want one done for my business? How does a quality of earnings report help as I’m getting ready to make an acquisition or sell my company? These questions and more are answered in this episode of “Decision Vision,” as host Michael Blake, Director of Brady Ware & Company, interviews Teresa Snyder, Director of Brady Ware & Company.

Teresa Snyder, Brady Ware & Company

Teresa Snyder, Brady Ware & Company

Teresa Snyder is a Director of Brady Ware & Company. Teresa has over twenty-five years of experience in public accounting and private industry. Her experience includes not-for-profit organizations, professional service firms, wholesalers, manufacturing and importers/exporters of various industries. Teresa has assisted her clients in a broad range of general management and financial consulting services, accounting systems design, and accounting and financial reporting issues.

In addition to providing client service, Teresa serves as the Atlanta Audit Leader for the firm. She has earned the AICPA IFRS Certificate. Prior to joining the firm, Teresa specialized in software consulting and implementation of fully integrated accounting software for various types of organizations including wholesalers and manufacturers, and importers/exporters.

Teresa is a CPA in Georgia and a member of the American Institute of Certified Public Accountants and the Georgia Society of Certified Public Accountants. Teresa has served as a coach for youth sports and is involved in a variety of not-for-profit organizations where she holds leadership positions.

Michael Blake, Brady Ware & Company

Mike Blake, Host of “Decision Vision”

Michael Blake is 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. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

 

He 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.

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 here. Decision Vision is produced and broadcast by Business RadioX®.

 

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show 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 vision a reality.

Michael Blake: [00:00:20] And welcome back to Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we’ll discuss the process of decision making on a different topic. Rather than making recommendations because everyone’s circumstances are different, we’ll talk to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:40] Hi. This 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 in Alpharetta, Georgia, which is where we are recording today. Brady Ware is sponsoring this podcast. If you like this podcast, please subscribe on your favorite podcast aggregator, and please also consider leaving a review of the podcast as well.

Michael Blake: [00:01:04] So, today, we’re going to talk about something called quality of earnings reports. And this an important topic. We’re, right now, at a high point over the last 10 years of merger and acquisition activity, which in English means that businesses are being bought and sold all over the place, and valuations are very attractive, financing is out there. Whether you think it’s back to the good slash battle days of 2006 -2007, I’ll leave it to you to make that determination. But the fact of the matter is that buying businesses is definitely back, and it’s back in style.

Michael Blake: [00:01:42] And as it turns out, a lot of that or a lot of my practice in the business appraisal happens to be in the M&A world. And my job is to help a client figure out the appropriate price and, to a certain extent, the terms associated with the transaction. But within that process of examining a transaction, there’s this thing that we call due diligence. And due diligence, when we really get down to it, is really just trying to answer the question, is this business what the seller says the business is? It’s really all that and a bag of chips basically.

Michael Blake: [00:02:22] That due diligence process, if it’s done well, is typically very involved and a very engaged process. It sometimes takes 30 days. Usually, it takes 60 to 90 days. And I’ve seen it go as far or as long as 180 days if it’s a particularly complicated transaction. And the due diligence process will involve everything from legal due diligence, intellectual property, customer due diligence, and so forth. And to be perfectly candid, from the seller’s perspective, it’s about as comfortable as your garden variety colonoscopy. But if you want to sell your business, you want to get the right price for it, that’s what you got to do. There’s just no alternative to it.

Michael Blake: [00:03:07] Now, financial due diligence, of course, is an important part of this entire kind of investigation and, sort of, crunching the numbers. And what we’re going to learn about today is, kind of, a specialized portion of that financial due diligence that’s called quality of earnings. And what quality of earnings means at the end of the day is that not all earnings are alike. Accounting is a funny thing. Accounting is a language. And like any language, a word or a term can mean different things depending on the context, depending on the syntax of that conversation.

Michael Blake: [00:03:47] And so, quality of earnings can mean different things to different people, to different buyers. And looking at quality of earnings has become much more in vogue. I’ve seen it come much more in vogue in, say, the last 10 years where a specific exercise is done, not just to, kind of, validate the numbers that are presented, but really dig into what do those numbers mean, is the financial performance of the company sustainable, is it telling us the story of what we would like to do.

Michael Blake: [00:04:19] But, of course, with performing additional due diligence, that means extra expense, extra time, extra fees. So, the question comes up, does it make sense to perform or have a quality of earnings report done on this particular transaction?

Michael Blake: [00:04:35] And for those of you who have listened before, I am not qualified to tell you that. I’m not an accountant. I’m not a CPA. I don’t even do my own taxes. But I have somebody here today who is qualified to help us answer that question. And she is my friend and business partner, Teresa Snyder.

Michael Blake: [00:04:50] Teresa is an audit partner with with Brady Ware. She has over 25 years of experience in public accounting and private industry. Her experience includes not-for-profit organizations, professional services firms, wholesalers, manufacturing, and importers/exporters of various industries. Teresa has assisted her clients in a broad range of general management and financial consulting services, accounting systems design, and accounting and financial reporting issues.

Michael Blake: [00:05:17] In addition to providing clients service, Teresa serves as the Atlanta Audit Leader for the firm. She has earned the AICPA IFRS, which means international gap certificate. Prior to joining the firm, Teresa specialized in software consulting and implementation of fully-integrated accounting software for various types of organizations, including wholesalers, and manufacturers, and importers/exporters. Now, until I looked this up, I did not know you are that much of a tech head. You’ve been holding out on me.

Michael Blake: [00:05:44] Teresa is a CPA in Georgia and a member of the American Institute of Certified Public Accountants and the Georgia Society of Certified Public Accountants. Teresa has served as a coach for youth sports and is involved in a variety of not-for-profit organizations in which she holds leadership positions. Teresa, thank you so much for coming on the program today.

Teresa Snyder: [00:06:05] Thank you, Mike. Happy to be here.

Michael Blake: [00:06:07] So, let’s, sort of, before we get into it, I’d like to learn a little bit more and let our listeners learn a little bit more about your role at Brady Ware. When we say that you’re the Director of the Audit Leader of the Atlanta office of Brady Ware, what does that mean? What does somebody who hears that take away from it?

Teresa Snyder: [00:06:28] Well, our team provides audit and review services that help our clients in meeting their financial reporting obligations to investors and bankers. We also serve as advisors to our clients in a variety of business transactions, which include M&A transactions.

Michael Blake: [00:06:47] Okay. And one of the services that you provide out of this office is a quality of earnings analysis.

Teresa Snyder: [00:06:54] Yes, that’s correct.

Michael Blake: [00:06:55] So, somebody is buying a company, and they’re really interested, but they think that they would like to kind of do that deep dive into the financials. That’s something that you do through your practice, correct?

Teresa Snyder: [00:07:11] Yes, that’s right.

Michael Blake: [00:07:12] So, what is a quality of earnings analysis exactly? What is a client buying?

Teresa Snyder: [00:07:18] Well, it’s a detailed analysis of all the components of the company’s revenue and expenses, their operating cash flows, and their assets and liabilities. Typically, we’re going to look at a period of about 24 to 36 months of financial data, so that we can assess the accuracy of the historical data and consider the sustainability of future operations.

Michael Blake: [00:07:42] So, I’d like to hone in a little bit on the sustainability. What are the kinds of things that make operations or make earnings sustainable versus not sustainable?

Teresa Snyder: [00:07:52] Well, we’re looking for transactions such as non-recurring items. They might be non-recurring revenue. It might be a one-time revenue opportunity that a company had and is not present in the future on an ongoing basis.

Michael Blake: [00:08:09] Now, one thing, actually, I’m engaged, and I’m working on right now, I’ve got client who’s thinking about buying a company. And then, all of a sudden, their expenses went down conveniently right before the transaction is supposed to take place. And we’re kind of suspecting, but we don’t know that what’s happened is they’ve delayed their expenses to make that look good. And then, those expenses will wind up popping up after the transaction. Is that something that a quality of earnings analysis can bring to light for a client?

Teresa Snyder: [00:08:39] Yes, it should. It should be part of that analysis. So, you’re going to be looking at expenses as well and trying to determine, are there understated expenses for a variety of reasons? It could be someone postponing. It could be an unfilled position. For instance, an executive position that’s not filled for a time period, and so your expenses come in understated

Michael Blake: [00:09:01] Okay. So, if I’m a — we both know that doing a transaction is not cheap-

Teresa Snyder: [00:09:10] Right.

Michael Blake: [00:09:10] … if you want it done well, right. If you want to go into it blindly, it’s very cheap. It’s not cheap to do it well. On top of all the other fees we got going on, paying somebody like me for appraisals, tax advice, investment bankers, lawyers, everything else, when does it make sense to think about adding a quality of earnings study onto that to-do list or onto that venue?

Teresa Snyder: [00:09:36] Well, I think, the quality of earnings study, going through that process, part of it is to normalize your EBITDA. That’s your earnings before interest, taxes, depreciation, and amortization.

Michael Blake: [00:09:51] And that’s often a proxy for cash flow, right?

Teresa Snyder: [00:09:54] Correct. And so, then, once you normalize your EBITDA for the time period that you’re looking at, then you’re also going to start looking for those one-time transactions. And, generally, they’re going to be add-backs. They might involve owner transactions that wouldn’t be present in the future operation. There could be a variety of of add-backs to that number. And you’re trying to — once you normalize the EBITDA, that becomes your basis for establishing the multiple, which is your selling price. So, it’s very important. That number is critical in the sales transaction.

Michael Blake: [00:10:32] So, I want to touch upon — so, it’s not uncommon, it sounds like, that for even a seller to have a quality of earnings done on their own company, right? Almost like having a private investigator investigate yourself.

Teresa Snyder: [00:10:46] Correct. So, there can be two different approaches. Typically, the buyer is the one that’s going to commission the quality of earnings study. They’re going to use it for their own purposes to decide if what they’re looking at buying has a sustainability that they’re looking for. But a seller could also — and I have seen that, a seller might commission a quality of earnings study in preparation for going to market, or a buyer has come to them, and they want to see what it looks like, and are they being offered a fair price.

Michael Blake: [00:11:19] And I think that’s a smart thing to do because selling a business, in addition to being expensive, is hard. It’s complex. You and I both know the business owners, and they’re selling a business. It’s both an exciting and stressful time.

Teresa Snyder: [00:11:38] Yeah, exactly.

Michael Blake: [00:11:39] And the stress often comes from when a buyer starts pointing out, “Face of the baby is not as pretty as you think it is.”

Teresa Snyder: [00:11:47] Right.

Michael Blake: [00:11:48] Right? So, you’re getting very constructive, very practical criticism about the business. And that’s a lot easier to react to in a constructive way if you already know that criticism is coming, right. And maybe even, you’re in a scenario where you know that criticism is coming, but because you had that study done before the seller even finds out about it, maybe it discloses them proactively. And that can create a positive impression, create trust in the conversation. But the minute, at least, then, you’re prepared for it, right?

Teresa Snyder: [00:12:21] Yes.

Michael Blake: [00:12:21] So, you don’t you don’t react to it in a panic, right. Is that a fair way to think about it?

Teresa Snyder: [00:12:25] Yeah, I think so. And even if you back up and take even a longer-term view, and you go through this process or some version of this process, then you can react to it and act on opportunities that you might be missing or make corrections in areas that need to be corrected before you ever go into the marketplace.

Michael Blake: [00:12:46] Interesting. So, can you think of examples of those, kind of, opportunities that might surface if you do this preemptive, proactive QoE or quality of earnings? And if I understand you correctly, it sounds like you don’t necessarily have to wait until there’s a pending transaction. You may just do it as a matter of good management. Is that fair to say?

Teresa Snyder: [00:13:05] Correct.

Michael Blake: [00:13:06] Okay.

Teresa Snyder: [00:13:06] If you’re anticipating that you want to sell at some point in the future, and again you may not go through the full level of the quality of earnings analysis, you might do — there are some other engagements and agreed-upon procedures. And a lot of business owners know if they have a problem area. And so, that could be something that a business owner might enter into to help construct what are our challenges here, and perhaps what are some things that we can do to correct that.

Michael Blake: [00:13:38] Okay. So, a question I hear a lot is, what if the firm’s financial statements are already audited, right? There’s a perception, which I’m not sure is entirely right, but there’s a perception that because an audit has been done, automatically, they’re going to catch these things. And we had one of our colleagues, Randy Domigan on a few weeks ago and talked about forensic accounting. And audits don’t necessarily catch fraud, for example. Is it reasonable to assume that because there’s a gap compliance audit with a clean opinion or an unqualified opinion, is it reasonable to assume that there’s a quality of earnings report kind of baked in, or do you really need to kind of parse that out and separate that out because that’s a more separate detailed exercise?

Teresa Snyder: [00:14:32] That’s a great question. And there is absolutely added value to a quality of earnings study on top of an audit. So, an audit or even a review, which is a lower level of service, either one of those are a great tool to enter into a transaction or enter into discussions. Adding the quality of earnings study, it has a lot more key details of what’s occurring in the business. Those details are not going to be contained in the audit, and you won’t go through that process of normalizing the EBITDA and looking through what those add-back items might be that might be unique to your business but not necessarily to the industry.

Michael Blake: [00:15:20] Now, as a buyer, I might be thinking to myself, “I’m retaining attorneys, and I’m paying the 400-500 bucks an hour or more. I’m working with investment bankers, and they’re doing their thing. They’re getting their fees, and all kinds of advisors.” Aren’t they already doing this? Isn’t this already part of their normal scope?

Teresa Snyder: [00:15:45] No, they’re not. Everyone works in their specialized areas. And so, the attorneys are focused on the legal due diligence issues. The investment bankers are looking at how to market your company, and how to negotiate your selling price, and how to represent you in that particular transaction. So, the CPA is the accounting advisor as a part of that team. And putting that team together can help you successfully navigate a transaction and, hopefully, navigate — or excuse me, but, hopefully, to achieve your maximum selling price.

Teresa Snyder: [00:16:23] So, it does cost a lot of money for all of these professional services. But, again, going back to the CPA, the other part of the team is looking to them for their expertise and applying gap, which is generally accepted accounting principles. That’s what’s used in the audits and the reviews. And once you start applying gap, you’re taking that company, and you are measuring the transactions of applying consistency, and comparability, and reliability to the numbers in their financial statements.

Michael Blake: [00:16:58] Okay. Now, as we know, not every business acquisition is a financially-driven transaction. We can see this in some of the price multiples that are paid. Maybe there’s a strategic customer, or maybe there’s a piece of technology, maybe they just want to hire some of the talent. The only way they can do that is through an acquisition. In that case, does a quality of earnings report still make sense?

Teresa Snyder: [00:17:23] It possibly could from a buyer perspective. It really depends. They may want to look at the historical transactions and use that as a measure of not only the sustainability but the future predictions of what they anticipate doing with that business.

Michael Blake: [00:17:43] Okay. So, what are the most common issues you see that come up in a quality of earnings report? What is, sort of, on your checklist?

Teresa Snyder: [00:17:53] Well, the top one is inconsistency in financial reporting. And this goes back to the gap financial statements. Not all companies are preparing GAP financial statements. They don’t necessarily have to in terms of their tax compliance. So, even though their work might be going through a CPA for tax preparation, it doesn’t necessarily mean their financial statements are in accordance with gap. And so, inconsistency is a big thing. The gap part of that process is comparability and consistency of the financial statements and the reporting.

Teresa Snyder: [00:18:31] You also have, again, the non-recurring items or the understated expenses. If you’re trying to defer expenses in accordance with gap, you’re going to accrue that. The businesses is incurring those expenses. They just haven’t paid for them yet. So, again, you also identify related party relationships, and transactions, and owner items. That’s all a part of that process.

Michael Blake: [00:18:57] So, when you say inconsistencies, what’s an example of something that you might find an inconsistency and that winds up being material potentially to the transaction?

Teresa Snyder: [00:19:07] There, generally, are — cutoff is a big issue for a lot of companies, especially smaller businesses. So, the proper timing and recording of sales transactions, and the allocation of expenses, or the matching of expenses to those revenues generated, those are generally your two top areas where you’ve got cutoff and maybe not consistency and reporting.

Michael Blake: [00:19:33] Now, have about revenue? How about the way in which revenue is recognized? I see that in an area that’s near and dear to my heart, which is technology. And what about revenue recognition? Can you, sometimes, see inconsistencies there and how revenue recognition is applied?

Teresa Snyder: [00:19:50] Absolutely. Revenue recognition is different among different industries. And technology is unique to some other industries or other businesses. So, yes, you can see differences in revenue recognition. And, of course, the standards are changing for that as we speak. They’re going into effect this year for private companies. And so, that may present a challenge to some private companies for transactions over the next two years is working through the revenue recognition issues.

Michael Blake: [00:20:25] So, on, sort of, the other side of this process, you go through a quality of earnings process. Have you seen it? Have you seen instances where it’s actually kind of changed the price in terms of a deal? The deal typically starts with the letter of intent, which we both know is varying degrees of not that binding. It’s really just a place holder. Have you seen it since where the QoE basically changed the parameters of the deal?

Teresa Snyder: [00:20:56] Yes, it can. It can start reducing that multiple of the EBITDA. So, a seller who enters into a transaction, and they have their financial reporting house in order, so to speak, and they are able to substantiate all of the information that they’ve reported, they’re generally able to hold on to that initial selling price and not face the adjustments.

Michael Blake: [00:21:25] Now, another concern that I wonder if clients have, particular if a transaction is ongoing, we all know good transactions take a long time to unfold. When there are millions of dollars involved, grownups are careful making decisions around millions of dollars. And so, a concern might be, “Oh boy, we’re already doing X, Y, and Z. We’re negotiating. We’re doing the due diligence. If we inject a quality of earnings report into this discussion, am I going to drag this thing out yet more months and might just never going to sell this business?” I mean, how do you frame that conversation, or is that even a legitimate concern?

Teresa Snyder: [00:22:08] The due diligence process is lengthy. And I think you described it accurately. And it can be a painful exercise for you’re still trying to run the business, but at the same time, you’ve got to address all of the due diligence items in this transaction. And they do take a lot of time. And you’re addressing, again, your legal diligence, your tax diligence. There’s so many issues. Your customers, your HR, the culture. There are many, many aspects of it.

Teresa Snyder: [00:22:39] So, it’s all running concurrently, and you’re hitting all of these fronts at the same time as you’re going through this process. The quality of earnings study could potentially add time to it. It may depend on the complexity of your revenue and expense streams. Again, if the house, if your financial reporting is in order, if your books are current, and they’re accurate, and you’re able to quickly respond to questions, then it’s going to speed up that process. But if you’re asked a question, for instance, to produce an accounts receivable report, and, now, you’ve got to take some time to put one together because you haven’t been maintaining it, those things just keep adding time from the seller’s perspective.

Michael Blake: [00:23:32] Okay. So, one of the things I think, also, a client has to think about, and certainly in the appraisal world, it’s t’s very important because gathering data is the lifeblood of what we do. And, sometimes, I wonder if the client wonders who’s working for whom sometimes.

Teresa Snyder: [00:23:52] That is true.

Michael Blake: [00:23:54] I’ll get 50 questions from me. And, all of a sudden, they find out they have to blow a whole morning, or an afternoon, or sometimes more getting us the data. Does a quality of earnings look like that? And if I’m a client, I’m signing up for this, I’m not just signing up for the money but also the time I got to invest, how much of the client’s time or typically at what level of the organization does that time need to be spent?

Teresa Snyder: [00:24:18] I guess, the answer to that depends on the kind of team that you have in place. So, if you have an accounting and a finance team in your organization, obviously, they’re going to be able to field most of the questions when it comes to quality of earnings study. The owner potentially may need to get involved in terms of explaining some things, but it depends on the quality, and the training, and the experience of the accounting team that that you have.

Michael Blake: [00:24:46] Okay. Now, do you find that the quality of earnings makes a difference in terms of the impression on the parties in the transaction, the advisors in the transaction? Maybe you’re a seller, and you’ve already got a QoE, you’re ready to go, or maybe your buyer, and you want to buy the business, but you still have to get the thing financed. Do other parties appreciate kind of having the quality of earnings report ready to go, done, kind of part of the package, or are they a little maybe a little bit more blasé about that, and they kind of think, “Well, we’ll get to it when we get to it”?

Teresa Snyder: [00:25:21] Like many answers in our business, I think, that depends. Some buyers may not rely on a quality of earnings report that you provide to them. They may want to have their own report commissioned. Sometimes, depending on the complexity and, obviously, the dollar value of the transaction, sometimes, they will want to see national firms conduct the quality of earnings study.

Teresa Snyder: [00:25:48] So, again, it depends. They might read it and decide if they question that report or the credibility of that report. And they may decide to accept it if they’re satisfied with what they see, and it’s consistent with the information that you’re providing. So, that’s hard to say. If you’ve gone through it on your own and in advance of entering into a sales transaction, and you have to go through it a second time, it’s certainly not going to be as painful because you have the information. You know what it is and what they’re looking for.

Michael Blake: [00:26:24] So, another question that kind of comes up, and I see this in my world, sometimes, a client is reluctant to have their business appraised because, then, it can be asked for in the due diligence of the locker to say, “Well, I’m not going to provide that to you.” But on the other hand, it feels like you’re in a poker game, but you have to show the other person your cards-

Teresa Snyder: [00:26:45] Right.

Michael Blake: [00:26:45] … before the bets are in, right. So, that’s a delicate thing that I have to work around on my practice. I’m curious, does that come up on your end to where maybe somebody doesn’t want to do the buyer’s work for them and at their expense and kind of risk exposing anything in advance? Again, is that a reasonable concern to have?

Teresa Snyder: [00:27:09] I guess it could be. I think it depends on how much they know and understand their business, I guess, and, perhaps, what they think the buyer is looking for or might find. Generally, if they’re trying to hide something somewhere it’s going to come out at some level. So, that’s generally not advisable. The buyer, if a buyer commissions a report, which is what we’ve seen historically, they don’t necessarily have to share that information. Now, they may choose to, but they don’t have to share that information with the seller.

Teresa Snyder: [00:27:48] And, again, I think from the seller’s perspective, it’s their option if they want to share that with the buyer. They may want to share it in the hopes that they don’t have to go through the process again or, you know what I mean, it can be very positive information that comes out of that quality of earnings report. And so, it could be to their advantage to share it.

Michael Blake: [00:28:08] There’s certainly something to be said for getting out in front of the entire discussion.

Teresa Snyder: [00:28:14] I think so on many levels. And I think the seller, if they commissioned a quality of earnings study, no matter at what point they are in the process that they would want to share that with their investment bankers because their investment bankers are the ones that are cued up and ready to represent them and help them present their business in its best light and, also, provide advice to them throughout the process.

Michael Blake: [00:28:39] So, running out of time. We got one last question. and I’ll have to wrap it up. And I know, for you, it’s also busy season, so we do want to keep you away from it too long. The deliverable of the quality of earnings report, how is that typically used? Does it kind of automatically get sent out as part of the sales package, as a part of maybe the offering memorandum, or is it kept in the data room for part for the due diligence exercise? How have you most typically seen that used?

Teresa Snyder: [00:29:10] I think that would depend on the investment banker and probably the results of that quality of earnings study and how they might present that. They may decide to take the time, and make some corrections, make some improvements in the business operations, and then update a quality of earnings. I haven’t personally participated in that, but I could conceive of that happening.

Michael Blake: [00:29:37] Okay. So, if someone wants to contact you because we’re running out of time, but somebody who may have other questions, if somebody would like to contact you and learn more about this quality of earnings process whether the buy side or the sell side, how can they reach you?

Teresa Snyder: [00:29:51] Sure. You can find me on our website. That’s bradyware.com. My email is tsnyder@bradyware.com. And, also, my direct line is 678-350-9510.

Michael Blake: [00:30:11] All right. Well, thank you so much. That’s going to wrap it up for today’s program. I’d like to thank Teresa Snyder so much for joining us and sharing her expertise with us. We’ll be exploring a new topic each week. So, please tune is that when you’re faced with your next business decision, you have clear vision when making it. If you enjoy this podcast, please consider leaving a review with your favorite podcast aggregator. It helps people find us that we can help them. Once again, this is Mike Blake. Our sponsor’s Brady Ware & Company. And this has been the Decision Vision Podcast.

Tagged With: Dayton accounting, Dayton business advisory, Dayton CPA, Dayton CPA firm, due diligence, earnings sustainability, ebitda, financial statement review, financial statements, legal due diligence, M&A, M&A transaction, merger, Michael Blake, Mike Blake, normalized cash flow, normalized EBITDA, one-time revenue, operations sustainability, quality of earnings, quality of earnings analysis, quality of earnings study, revenue recognition, sustainability, Teresa Snyder, understated expenses

Decision Vision Episode 9: Should I Sue? – An Interview with Jessica Wood, Bodker, Ramsey, Andrews, Winograd & Wildstein, P.C.

April 4, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 9: Should I Sue? – An Interview with Jessica Wood, Bodker, Ramsey, Andrews, Winograd & Wildstein, P.C.
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Jessica Wood and Mike Blake

Should I Sue?

How do you assess the pros and cons of bringing a suit or defending against one? How do you know “when to hold ’em and when to fold ’em?” What’s the best way to work with your attorney in a lawsuit? In this episode of “Decision Vision,” litigator Jessica Wood speaks with host Michael Blake, Director of Brady Ware & Company, on these questions and much more.

Jessica Wood, Bodker, Ramsey, Andrews, Winograd & Wildstein, P.C.

Jessica Wood

Jessica Wood is a Principal with Bodker, Ramsey, Andrews, Winograd & Wildstein, P.C. one of the top 100 Super Lawyers™ in Georgia.  She has won all of her trials in her twenty-four year practice.   Jessica is also known for achieving outstanding results for her clients without going to trial.  She helps individuals (including doctors, lawyers, CPAs, and entrepreneurs) and companies begin, maintain, and end business relationships.  Her advice relates to contracts, employment issues, officer and director duties, and trade secrets.

In addition to practicing law, Jessica teaches law students and attorneys.  She lectures on contract drafting, expert depositions, mindfulness in the practice of law, networking, pro bono work, trial techniques, and wellness. In her free time, Jessica enjoys volunteering, 80s new wave/pop/punk, and compulsive punning.

More on Jessica’s professional affiliations, awards, publications, and representative cases can be found here.

Michael Blake, Brady Ware & Company

Mike Blake, Host of “Decision Vision”

Michael Blake is 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. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

 

He 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.

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 here. Decision Vision is produced and broadcast by Business RadioX®.

 

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show 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 vision a reality.

Michael Blake: [00:00:21] And welcome to Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we’re discussing the process of decision making on a different topic. Rather than making recommendations because everyone’s circumstances are different, we are talking to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:39] Hi. My name is Mike Blake. And I am 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, which is where we are recording today. Brady Ware is sponsoring this podcast. If you like this podcast, please subscribe on your favorite podcast aggregator and please, also, consider leaving a review of this podcast as well.

Michael Blake: [00:01:06] So, today, we’re going to have the car wreck equivalent of a business conversation, which is about, “Should I sue?” And if you’ve never thought about suing somebody, it means that you have not been in business long enough to have thought about it. It, ultimately, is going to come up. And it’s a lot more complicated than just, sort of, dialing up the phone number of an attorney whose picture you saw on a bus driving by to figure out if that’s a good idea. It’s a very complex decision. There’s a heavy emotional investment, as well as a financial investment in doing it.

Michael Blake: [00:01:48] And, of course, this is not something we can just tell you over the virtual radio, “Hey, you got to go sue somebody.” That doesn’t make any sense. But we can give you some advice from somebody that knows what they’re talking about in terms of thinking through that decision. And, probably, maybe there’s no place for a framework is more helpful because chances are if you want to sue somebody, think you might want to sue somebody, you’re pretty upset. And not many of us make our best decisions when we’re upset

Michael Blake: [00:02:19] And so, having that touchstone, I hope for all of you guys listening, that’s going to be helpful. And to help us through this is a dear friend of mine, Jessica Wood, who is a litigation attorney with Bodker, Ramsey, Andrews, Winograd & Wildstein. Stein or Stein?

Jessica Wood: [00:02:36] Stein.

Michael Blake: [00:02:39] And I’ll say this. I know Jessica. I know a lot of her colleagues as well. And it’s, sort of, hard, I felt like I was picking which one of my children I was going to have on the podcast, I was going to favor.

Jessica Wood: [00:02:50] Are you saying that because I’m so short?

Michael Blake: [00:02:53] Not at all, not at all. I’m definitely not going there. But one of things that impresses me about the firm too is all of your colleagues mentioned all five named partners all the time. Everybody else. There may be 18 partners, only the first two get mentioned. We have this firm in town called Morris, Manning & Martin. Nobody ever here is the Martin. I wonder if there’s a real Martin or not. It’s just everybody says Morris Manning, for example. But you guys all mentioned the five. I think it has something to do with the law firm culture, but I digress.

Michael Blake: [00:03:24] Jessica is one of the top 100 Super Lawyers in Georgia. She’s won all of her trials in her 24-year practice. So, she’s basically the Golden State Warriors of litigation or the Miami Dolphins of the early 1970s that were undefeated. She’s also known for achieving outstanding results for her clients without going to trial. So, this is not something that’s necessarily trying to railroad you into a trial, which is why I wanted to have her on. She helps individuals, including doctors, lawyers, CPAs, and entrepreneurs, and companies begin, maintain, and end business relationships. Her advice relates to contracts, employment issues, office and director duties, and trade secrets.

Michael Blake: [00:04:04] In addition to practicing law, Jessica teaches law students and attorneys. She lectures on contract drafting, expert desk positions, mindfulness in the practice of law, networking, pro bono work, trial techniques and wellness. Jessica also runs a quarterly water cooler event in midtown Atlanta that’s designed to help attorneys build a professional network within the legal profession, focusing on younger attorneys, but also helping older and younger attorneys build mentor-mentee relationships. She enjoys volunteering ’80s new wave punk rock, which explains the orange hair that she walked in with here today and compulsive planning.

Michael Blake: [00:04:43] And on a personal note, I’ve known Jessica for, I think, about 15 years or so. And she’s also been my personal attorney, although I’ve not had used her in the context of a lawsuit. I’ve used her for contract work to make sure that I didn’t get sued. So, I have a healthy respect. And I’m not just an admirer, I’m also a client, as they say. Jessica, welcome to the program.

Jessica Wood: [00:05:07] Thank you for having me. Just one friendly addition to my bio. You, Michael Blake, helped me invent Water Cooler Office Hours. So, thank you.

Michael Blake: [00:05:17] Again, I think you give me too much credit for that, but I’m just going to stop resisting everything and accept it. You’re welcome. I’m awesome. So, we’ll will just move-

Jessica Wood: [00:05:25] I agree.

Michael Blake: [00:05:26] We’ll just agree I’m awesome and move on.

Jessica Wood: [00:05:28] All right.

Michael Blake: [00:05:29] So, you’re undefeated in law. What’s your secret to being undefeated?

Jessica Wood: [00:05:38] Luck and preparation.

Michael Blake: [00:05:39] Yeah, okay.

Jessica Wood: [00:05:39] And it’s really picking the cases to go to trial. You can control the outcome by knowing where the dangers lie.

Michael Blake: [00:05:51] Yeah.

Jessica Wood: [00:05:51] And I coach my clients relentlessly about, “Here are the pros. Here are the cons. Here’s a risk benefits analysis,” so that they — and I love the way you described this podcast. We are on the same team. I’m trying to coach them, so they can make an intelligent decision. And it really depends on what the goal is, what the mission is.

Jessica Wood: [00:06:13] Sometimes, the mission in my life as a litigator, sometimes, the mission is to save a marriage. There’s an inconvenient fact that you do not want your wife to know about. And so, that person is going to be incentivized to not sue or to get out of the lawsuit by settling on reasonable terms. Sometimes, the mission is to teach the other person a lesson, so that they do not commit this business sin that they’ve committed again. Sometimes, the mission is to punish and deter. Sometimes, the mission is to save the company. So, every decision we make, every bit of analysis that we do is around what is that end result that we want to see.

Jessica Wood: [00:07:00] So, a lot of this, I guess — and we’ll get into this as we really jump into the questions here, but is it fair to say a lot of litigation is knowing when to hold and knowing when to fold?

Jessica Wood: [00:07:10] Yes.

Michael Blake: [00:07:11] Right. Because, sometimes, I’ve heard-

Jessica Wood: [00:07:12] To quote of Kenny Rogers, yes.

Michael Blake: [00:07:12] There you go. You can’t go wrong with that, right? So, I miss that punk rock. But there is such a thing as overplaying your hand.

Jessica Wood: [00:07:22] Absolutely.

Michael Blake: [00:07:22] That’s right. It can be irresponsible and can really blow back in your face, right?

Jessica Wood: [00:07:26] Yeah.

Michael Blake: [00:07:26] So, you want to understand, sort of, the certainty of your outcome. So, with that, let’s talk at the very beginning. And the first question I have, I think, really gets to probably the first question, the first call you receive from a potential client. They’re mad, they’re upset, they’re frightened. Maybe some cocktail of all three and plus two other things I can’t think of right now.

Jessica Wood: [00:07:56] Chagrined.

Michael Blake: [00:07:57] At what point — Chagrined, nonplussed.

Jessica Wood: [00:08:00] Yes.

Michael Blake: [00:08:01] At what point does that emotion get converted into a serious discussion about taking this from a garden variety, “I’m mad” kind of, dispute into potentially a court of law?

Jessica Wood: [00:08:16] One approach that I’ve used with some success with clients is telling them, “I want you to sleep well at night. I want this business issue to stop haunting you at a certain point, so that you can go forward and be successful.” People don’t come to see me on a good day. They don’t come in to tell me how well their business is going.

Michael Blake: [00:08:36] That would be weird.

Jessica Wood: [00:08:37] It would be really. I would love it, actually. It would be delightful. So, they’re coming to me on their worst day. A nightmare has occurred. Something awful has happened. Someone may be about to see them, or, as you said, they’re furious. They performed a bunch of work. Someone got what they wanted out of them. And, now, they refuse to pay. And it can be very consequential for small to mid-sized businesses. So, they are, I think, you mentioned the cocktail of emotion. And I think you’re dead on.

Jessica Wood: [00:09:09] And so, I always want people to have to take a deep breath. I always urge them, “Let’s talk. And let’s go away from this, spend the weekend. Go to your child’s dance recital. And then, come back and tell me how you want to do this.” Of course, you always have to look at timing. There is a statute of limitations that may apply. The quickest one is defamation, that’s one year, on up to breach of a written contract, which is six years. So, there’s a lot of time for that anger to cool.

Jessica Wood: [00:09:43] And we also have to look at the life cycle of a lawsuit, which it’s going to be 18 months to two years. I have a case right now in Knoxville that’s been pending for five years, but I’m the defendant, s I’m okay with that.

Michael Blake: [00:09:56] Right.

Jessica Wood: [00:09:58] We can take as long as we need.

Michael Blake: [00:09:59] And so, I think, it’s not by accident that that the honorific of attorneys is often counselor because one thing that you and I have in common, your profession and my profession has in common, is that we are counselors. And I don’t think that’s not what they teach me in business school. I don’t know if they teach that in law school either necessarily.

Jessica Wood: [00:10:24] They don’t, unfortunately.

Michael Blake: [00:10:25] But you do have to have a certain way of managing anxiety and managing emotions to kind of get to the root of the problem and make the problem manageable, right? Is that fair to say?

Jessica Wood: [00:10:36] Yes, yes. We break it up into smaller components. Often, these things are inextricably bound, but there’s a lot of untangling that goes on. And a lot of the times — this bears noting. A lot of the times I have to be cognizant of the fact that a portion of my client’s anger is with themselves. And so, I have to be somewhat deaf and delicate around that. We can’t change the past. So, frequently, I will say to a client, “We can’t change what happened then, but what can we do today? What can we do tomorrow?”

Jessica Wood: [00:11:16] Another question that I ask along the road is, “Do you care about this?” I’m involved in a negotiation right now where it came down to a stapler. It’s not about the stapler.

Michael Blake: [00:11:29] Just not.

Jessica Wood: [00:11:31] The stapler, I don’t think. It’s a proxy for something else. But I will, sometimes, give my clients a little bit of tough love and say, “Okay, you’re paying me X number of dollars an hour. Do you want me to negotiate this stapler deal for you?”

Michael Blake: [00:11:49] Right, in an hour.

Jessica Wood: [00:11:49] And then, they’ll be like, “Wait a minute.”

Michael Blake: [00:11:51] An hour, you could have gone to Office Depot and bought a hundred staplers.

Jessica Wood: [00:11:56] Exactly. Here, take my stapler.

Michael Blake: [00:11:58] So, at what — So, let’s fast forward that a little bit. Let’s say somebody gets through your game. I think it’s worth mentioning that I know that you don’t take every case that comes to the door. I know your colleagues don’t take every case that comes to the door. And I think that’s a sign of a good advisor. But let’s say they meet your standard, that this is (A), a case that is winnable on facts and law; and (B), is worth having the fight about basically.

Jessica Wood: [00:12:29] Right.

Michael Blake: [00:12:31] What does that process look like? And we push that red button. What are the mechanics that process look like?

Jessica Wood: [00:12:39] Well, so, there is something that leads up to the process. I will frequently say to the client, “I want every piece of paper that relates to this. I want every text, I want you to tell me every scary thing. I want you to tell me every embarrassing thing.” And it goes back to what you said about our roles as counselors. We, as humans, want to impress each other. And so, frequently, what can tank a case is what a client does not tell me. And so, I try to be very kind and gentle and say, “There’s no perfect case. If you think there’s something stunning and bad out there, I really, really, really need to see it.”.

Jessica Wood: [00:13:15] Because I can always help a client. I can always do my special brand of legal ninja. And I can handle it live on the record as a surprise, but I can do a lot better if I know about it. So, I’m simply just going to gather up everything. Frequently, I’ll ask my clients to do a narrative for me, and everything in chronological order. That can be enormously helpful because they’re going to bottom line everything even though I’m going to look at the documents behind the narrative.

Jessica Wood: [00:13:46] But it also helps them unburden a little bit. It, also, helps them refresh their recollection. Frequently, clients will say, “As I was typing this 27-page, eight-point font, single-space document for you, I remembered that one time where the bad guy did this thing.” And I, also, always tell them, “We’ve all seen so many police procedurals and TV shows about law firms. They will want to censor themselves and say something like, ‘Well, I can’t tell you about that. It’s hearsay or what have you.'” I’m like, “Don’t you worry. We’ll fix that in the mix. Tell me everything. Don’t worry about whether it’s relevant. You and I will sort that out together.”

Michael Blake: [00:14:32] So, that’s interesting. I was not expecting that answer, which means I’m learning something. Part of that decision process, if you’re going to sue is, are you willing to be vulnerable yourself? And I imagine not just to your counselor but to your representation. But you’re, also, asking that questions because you’re assuming opposing counsel, who is competent, will make the best move available to them, and it’s going to come up and, potentially, on the public record.

Jessica Wood: [00:15:02] That’s correct.

Michael Blake: [00:15:04] So, you had to think long and hard that if push comes to shove, am I willing to have that out there? Winning this case, is the price of having that out there a price I’m willing to pay to win this case?

Jessica Wood: [00:15:21] Yes.

Michael Blake: [00:15:21] And, sometimes, maybe it isn’t.

Jessica Wood: [00:15:23] That’s right.

Michael Blake: [00:15:24] I imagine, right.

Jessica Wood: [00:15:25] That’s right.

Michael Blake: [00:15:26] I mean, have you ever had a client, you say, “You need to know X, Y, and Z,” and they say, “You know what. If I got to disclose that, it’s not worth it”?

Jessica Wood: [00:15:34] Absolutely.

Michael Blake: [00:15:34] Okay.

Jessica Wood: [00:15:35] And the issue that comes up the most frequently would be what I would delicately call a relationship overlap issue where you’re engaged in one marital relationship, but there’s another relationship that occurred simultaneously or a couple of them.

Michael Blake: [00:15:51] An uncomfortable Venn diagram.

Jessica Wood: [00:15:53] Yes, a very uncomfortable Venn diagram.

Michael Blake: [00:15:56] Okay. So, you’re right. A nice segue. So, thank you for that. One of the first things you do is you ask in effect for a data dump.

Jessica Wood: [00:16:05] Yes. yes.

Michael Blake: [00:16:06] Everything on analog paper, digital paper, and otherwise.

Michael Blake: [00:16:09] And texts. How does that-

Jessica Wood: [00:16:10] And Facebook post and social media.

Michael Blake: [00:16:13] All that too, right?

Jessica Wood: [00:16:14] Yeah

Michael Blake: [00:16:14] If it’s out there, it’s out there.

Jessica Wood: [00:16:15] Absolutely.

Michael Blake: [00:16:17] Certainly cheaper, if the client provides it to you, than you have to go scrape it somehow

Jessica Wood: [00:16:21] Yes.

Michael Blake: [00:16:21] So, how does all of that work? I mean, you mentioned police procedurals. Everything I know about the law, I learned from basically NCIS and TJ Hooker because I’m in the tank for William Shatner, and I just admit it. I have a problem, I admit it. But in the real world, how does evidence work? I mean, is everything on the table? What kind of stuff does get excluded. I mean, go through the mechanics of how evidence works in a trial scenario.

Jessica Wood: [00:16:56] Sure. It’s a multi-step process. So, in a lawsuit, there’s going to be a complaint. And then, 20 to 30 days after service, depending on if you’re in state of federal court, there’s going to be a responsive pleading, which could be an answer and could be a counterclaim. So, that’s always something you have to keep in mind. And then, there’s a discovery period. And, again, state versus federal, it’s going to be about four to six months. Frequently, it’s going to get extended because it’s unwieldy, and it takes a long time.

Jessica Wood: [00:17:24] So, everyone is going to exchange documents. They’re going to pose written questions. Then, you’re going to be deposed. So, that’s all of these pieces of paper, they all become evidence, could conceivably become evidence. So, at the discovery stage, you’re not really looking at whether something’s admissible. So, it’s a little more free range. At the trial stage, however, there are going to be many motions filed. They’re called motions in limine. You’re going to file motions to knock out certain evidence because it is irrelevant. That’s a big one. It’s actively harmful and can bias the jury in a way that’s inappropriate.

Jessica Wood: [00:18:09] And so, what comes in and what comes out is going to be up to the judge. I will tell you a very interesting evidentiary issue that’s arisen recently is what do emojis mean? So, we’re seeing more and more. When we think of a contract, we think of something with very formal language, and whereas, and things of that nature drafted by an attorney. Well, most of my messy cases don’t involve that. It’s the old spinal tap. They drew it on a napkin and crayon.

Michael Blake: [00:18:41] Right.

Jessica Wood: [00:18:41] And that leads to problems. Well, now, you might have a contract that’s a series of letters, or emails, or texts. And people are less and less formal in how they communicate. So, what does that winky emoji mean? Does it mean that that’s really the deal or that you were kidding? So, we’re starting to see this show up as an evidentiary issue.

Michael Blake: [00:19:01] That is fascinating.

Jessica Wood: [00:19:02] A very pivotal one, Isn’t it?

Michael Blake: [00:19:04] That is fascinating. So, a thumbs up emoji could be, I guess, construed-

Jessica Wood: [00:19:07] It’s a deal.

Michael Blake: [00:19:08] … as acceptance of a deal, right?

Jessica Wood: [00:19:09] Absolutely.

Michael Blake: [00:19:11] That’s really interesting. So.

Jessica Wood: [00:19:12] So, watch your emojis, people.

Michael Blake: [00:19:14] Yeah. Well, boy. Nothing but smiley faces now or maybe just the straight face actually, just noncommittal. Now, what is a deposition? Not everybody necessarily knows what a deposition is.

Jessica Wood: [00:19:28] All right.

Michael Blake: [00:19:28] And they’re not necessarily the funnest things to go through. So, what is a deposition?

Jessica Wood: [00:19:33] Well, they’re fun for me.

Michael Blake: [00:19:35] It’s more fun if you’re in the driver’s seat, right?

Jessica Wood: [00:19:37] Absolutely. So, in a deposition, it’s a Q&A. You’re going to ask. An attorney’s going to ask questions. And then, the deponent is going to answer those questions. And the deponent is going to be seated right next to their attorney. And the attorney may object as to form. But like I said, it’s going to be pretty free range. Mostly anything goes. So, truly, you’re trying to figure everything out and get to the essential facts of the case. And they may ask something that is impertinent or improper, but you’re rarely going to see an objection that’s going to stick. Typically, the client is going to have to answer.

Jessica Wood: [00:20:20] So, this is where you start getting nervous in a lawsuit, if there’s something that’s got to be — something unsavory that has to be unpacked.

Michael Blake: [00:20:27] Okay.

Jessica Wood: [00:20:29] And it might be audiotape. There’s going to be a court stenographer there. It may be audiotaped. And then, it’s ultimately going to be transcribed. And it might be videotaped and shown to the jury. So, if it’s videotaped, and my client is going to be videotaped, I’m obviously going to prepare them for that and videotape them beforehand. We all have weird facial tics.

Michael Blake: [00:20:51] We do.

Jessica Wood: [00:20:53] And some of us may have an aspect to our personality where the outside doesn’t match the inside, and where your credibility could be called into question even though you’re telling the truth. But you’re so nervous, it appears that you are not being truthful. And the opposite is also true. I’ve seen some very smooth operators in my day.

Michael Blake: [00:21:15] We all do.

Jessica Wood: [00:21:16] They are absolutely not telling the truth, but if you’re looking at their micro expressions, and you’re listening to them, and you’re watching their body language, they appear to be truthful.

Michael Blake: [00:21:27] So, at what point then or what are the most common reasons where you look at this whole process, you look at what the client is telling you, saying, “You know what, don’t sue. This is not going to help anybody. I don’t want to take your money.” What kinds of things typically leads you to that advice?

Jessica Wood: [00:21:47] What’s going to lead me to that advice is a client who has never been in a lawsuit before, and a client who does not seem to understand my warnings, doesn’t understand — when a client says it’s about the principle, that is never about the principle. It’s about something else. When a client wants a victory that to me seems unseemly, or inappropriate, or something I’m not going to sign up for, I’m going to show them the door. If someone walks in and says, “It’s not enough for me to win. The other guy’s got to lose, and he’s got to be humiliated-

Michael Blake: [00:22:26] He’s got to be scorch to earth.

Jessica Wood: [00:22:27] … in front of the world.” I’m not going to do that.

Michael Blake: [00:22:31] Why?

Jessica Wood: [00:22:32] I find it wildly inappropriate. It will take a portion of my soul that I’m not willing to give. And that’s just not how I’m going to do business. And not for nothing. It’s destined to blow up in everyone’s face. It’s just not an appropriate mission statement in my view.

Michael Blake: [00:22:51] Now, I want to pause on that and kind of go off a script. So, I think that’s a really important discussion point because one thing that I have observed in the litigation process, the few times that I’ve been involved, is clients will sometimes be frustrated because they don’t think that their counsel is mad enough basically, right. And then, like, “You know I’m right. Why aren’t you pissed off about this whole thing? Why don’t you leaping across and ripping out their throat and so forth?” Why is it not a good idea to have your counsel get swept up in that?

Jessica Wood: [00:23:31] I have a saying, “A mad attorney is a bad attorney.” The calmest person in the room is the person in the catbird seat. So, actually, I would think the opposite. I would want my attorney to be very calm, cool, collected, and poised because they know something that everyone else in the room is about to find out; that they’re really, really good; that they’ve got good facts; that they have marshaled for their client; and that they’ve got solid case law. So, I don’t believe that yelly attorneys are good. And when I find one on the opposite side, I actually know instantly that they do not have what it takes.

Michael Blake: [00:24:12] Well, that makes sense. To me, I always advise my clients, no matter how mad you are on the outside and the inside, always be the adult in the room-

Jessica Wood: [00:24:24] Absolutely.

Michael Blake: [00:24:24] … on the outside because, at some point, somebody outside maybe determining your fate. And in my experience, it does not impress a trier of fact to have somebody that’s just a blow hard or your stack bully kind of personality.

Jessica Wood: [00:24:41] Not only that, it may infuriate the judge, it may infuriate the jurors, it might infuriate the bailiff, or the court stenographer in the courtroom. You can make a lot of enemies really, really fast by engaging that kind of vituperative behavior. Honestly, I’ve never seen it serve anyone. And when I do see it, I just sit back because I know I’m winning-

Michael Blake: [00:25:08] Yeah.

Jessica Wood: [00:25:08] … when that happens.

Michael Blake: [00:25:08] That’s right. Nobody gets upset because they’re winning so much, right?

Jessica Wood: [00:25:13] Exactly, exactly. It’s fear based, right? Someone feels insecure, or that is — or they’ve been bullied, and this is how they walk around in the world, which must be very exhausting. And I’m sorry for them. but I’ve never seen it gain an advantage for a client. Now, passion, yes. I am passionate in the courtroom. I take umbrage at things, but I just do it in a quieter way.

Jessica Wood: [00:25:39] And I should also say, attorneys come in all shapes and sizes. We all have our own level of emotional intelligence, and our own skill sets, and our own personalities. And I think we should bring our personalities to the table, whatever that looks like. A lot of people when they see me, I’m diminutive, I’m kind, I offer people snacks and coffee. And, sometimes, they think I’m a human marshmallow. and they find out very quickly that that’s incorrect.

Michael Blake: [00:26:14] You’re just luring them into the trap.

Jessica Wood: [00:26:15] I am, absolutely. Come hit her.

Michael Blake: [00:26:19] So, a question almost any client is going to come to the table with, and one of the sources of their anxiety frankly, and I know you encountered this is, can they afford justice? It’s one thing to have a problem you’d like to have solve. It’s another thing to be able to have the financial wherewithal to solve it. And going into a judicial process ain’t cheap, right? A friend of mine years ago told me it’s expensive to be mad. That’s just kind of all there is to it.

Jessica Wood: [00:26:50] Absolutely, it’s the most expensive anger you can feel. You’re better off axe-throwing.

Michael Blake: [00:26:56] Right.

Jessica Wood: [00:26:57] I think that’s like $30 per hour.

Michael Blake: [00:26:59] Not at people.

Jessica Wood: [00:26:59] Not at people.

Michael Blake: [00:27:00] Wooden targets or, at least, something, right?

Jessica Wood: [00:27:02] At a target.

Michael Blake: [00:27:05] Do you play a role in helping a client understand that? And maybe there are times when a client does need to financially extend themselves because of the benefit on the other end of the rainbow. And in that conversation, does that add extra pressure on you knowing that the client is extending themselves because they’re literally putting their faith and some of their financial stability in your hands to produce that outcome a year or two down the road? Am I making sense?

Jessica Wood: [00:27:34] You are making total sense.

Michael Blake: [00:27:35] So, how do you navigate that?

Jessica Wood: [00:27:37] So, we would have a budget. Frequently, we blow past it. It’s just like construction, right. It’s going to take twice the amount of money as predicted and three times the length of time, right? It’s always going to blow past that. Going back to a question you asked earlier about when would I show a client the door. If a client told me that they were going into their children’s college fund, I’m not going to do that. I’m just not. They’re going to be enraged. They aren’t going to get what they want. And I don’t think that’s a good use of their money.

Michael Blake: [00:28:11] And that’s not so much you don’t have faith in winning the case. You just don’t think that’s a good idea for the client.

Jessica Wood: [00:28:17] Yes. I think it’s a wretched idea because you could lose. You could lose. You could wind up paying your attorney’s fees and the other side’s attorney’s fees. So, what I would do at the beginning of a case would be to sit down and, sort of, project out how much will this cost. Are there less expensive alternatives?

Jessica Wood: [00:28:35] Frequently, even before suit is filed, I’ll want to go into a mediation or perhaps sit down and talk with the other side. It won’t hurt. It might help. But yeah, we’re going to have a very careful conversation about money because it’s going to be — the other thing is there’s no economy of scale. I will do almost these identical actions for a suit over $5000 as a $5 million case. You still have to have the depositions, you still have to file a complaint. So, you still have to do all this work. So, we really have to look at the scale.

Michael Blake: [00:29:10] That’s somewhat of my line of work. It costs as much or, sometimes, even more for me to appraise a pre-revenue startup than it would to appraise a $100 million publicly-traded company.

Jessica Wood: [00:29:26] Exactly.

Michael Blake: [00:29:26] And it’s not the scale. It’s just that the diligence and do-care required doesn’t vary depending on the size of the matter. It’s just you either do it right or you don’t do it right. End of discussion, right.

Jessica Wood: [00:29:39] Absolutely. Now, there might be a $5000 case I would take if my client walked in the door, if my client was a corporation, and had a lot of money, and the client said, “We need the word out on the street that we don’t put up with this kind of behavior. You will get sued, and it will be painful for you.” Something like that. That’s a noble cause, and that’s a good use of money. Frequently, I actually send my client to their tax advisor, whether it’s an individual or a corporation, our attorneys fee is going to be deductible. And what are the tax ramifications of what you may have to pay for a claim or a counterclaim?

Michael Blake: [00:30:18] Okay. Now, what about contingency fees? We all hear about attorneys that will take a case on a contingency fee. One, I mean, does that happen, or is that urban legends like roving bands of surgeons that steal kidneys when you’re drunk and dump you in a bathtub, or does it only happen in certain areas of law like personal injury? Talk a little bit about that. Is that a realistic expectation in a commercial civil litigation context?

Jessica Wood: [00:30:47] It is. It is a rare attorney who will do them. And I’ll tell you when they might be inclined to do them. So, if you have a vanilla breach of contract, you can get compensation for the breach, and you can get attorney’s fees and expenses. But to get the numbers really pumped up, to get punitive damages, you cannot get punitives on a breach of contract. You can on a tort. So, a tort might be tortuous interference with a business prospect, or it might be defamation, or it might be trespass, something of that ilk. Assault, battery-

Michael Blake: [00:31:22] Fraud.

Jessica Wood: [00:31:23] … fraud. All of these can be torts. So, you could have fraud in a director officer case for example. So, you might be able to find an attorney who would take something involving fraud on a contingency because the punitives are going to be in an amount to punish and deter. They aren’t going to be somewhat tied to the worldly circumstances of the defendant. So, you might be able to find someone to do that.

Jessica Wood: [00:31:47] The incentives are going to be a little bit different in terms of how that attorney is going to behave. They may be in a bigger hurry. They may really want to settle for some certain. They may be super aggressive because they want to get it in, or they want to get to trial by the end of the year, if that’s possible. But I’ve also seen cases where the other side, I suspected they were on a contingency fee basis, and they were not pushing hard at all, perhaps, because they had too much going on.

Jessica Wood: [00:32:17] So, it’s difficult to predict what kind of business incentives they’re going to be when you have a contingency fee attorney. But they are very, very rare, I can tell you that. Contingency fees are more common in personal injury.

Michael Blake: [00:32:31] Now, we’re talking about-

Jessica Wood: [00:32:34] And plaintiffs. Sorry to interrupt. Plaintiff’s employment, those are frequently done on a contingency.

Michael Blake: [00:32:41] Right, okay, yeah.

Jessica Wood: [00:32:42] Which makes sense, you’ve just lost your job. You don’t have any money for attorney’s fees.

Michael Blake: [00:32:45] Right, right. Okay. So, switching gears just a little bit. I think, there’s a conception or concept that if we are suing somebody, then this automatically is going to end up in court at some point. Is that true? How many of these cases actually make it in front of a judge and a jury?

Jessica Wood: [00:33:11] Very few. So, first of all, I would want to look at the contract to see, is there an arbitration provision? So, arbitration is basically, you’re going to pay the judge in your case. You’re not going to have a jury. It’s going to be swifter and more expensive because instead of your tax dollars paying the judge, you’re paying the arbitrator or arbitrators per hour.

Michael Blake: [00:33:32] That can be more than one.

Jessica Wood: [00:33:33] Yes. I once had an arbitration where he had — the deal was if the two sides couldn’t agree on an arbitrator, and, of course, they could not, each one would choose an arbitrator. And those two would choose a third arbitrator. And all three arbitrators would hear the case. And that is what we did.

Michael Blake: [00:33:50] Wow.

Jessica Wood: [00:33:50] Yeah.

Michael Blake: [00:33:51] That’s a fast running meter.

Jessica Wood: [00:33:53] Oh my gosh, yes. And we won. Thank goodness. But it was very, very expensive. But I’ll tell you this, the arbitrators, when you’re paying an arbitrator, they’re going to read every word, you’re going to brief the issues before you walk into court. It’s a little bit wild west-ish in terms of evidence because they know what they should pay attention to and what they shouldn’t.

Jessica Wood: [00:34:15] So, the first, the threshold question is going to be, do you have an arbitration provision? Then, the next question is going to be, is it enforceable? Otherwise, it is a long road to justice. As I said, it can be 18 months, 24 months, five years. So, you are going to wind up in court along the way perhaps for hearings or a status conference. But to get to trial, it takes a long time. Frequently, the judges will order you to mediation because you have to look at what — The judge is trying to be efficient with these public funds. They’re trying to get cases off their calendar. And so, there’s big incentive to settle.

Michael Blake: [00:34:57] Yeah. I want to ask you about that, in fact. So, I am familiar with the fact that judges want to — they do want to get it off their calendar, and mediation is often a step. Have you found mediation frequently to be effective?

Jessica Wood: [00:35:11] Yes.

Michael Blake: [00:35:11] Really?

Jessica Wood: [00:35:13] I have a 100% — there’s an asterisk here. for sports fans.

Michael Blake: [00:35:21] You did steroids?

Jessica Wood: [00:35:21] Yes, I did steroids. No, I used my whole anger to get through it. I have a 100% success rate in mediations. The asterisk is it doesn’t always settle that day. But it’s like, you know how you’re trying to open up a peanut butter jar, and you’re not successful, and you have to hand it to somebody else? It’s like that. You’re going to loosen things up a little bit. You’re also — not for nothing, you’re going to get free discovery. You’re going to learn something that you don’t know by the end of the day.

Jessica Wood: [00:35:52] And, frequently, going back to your question about anger-fueling litigation, there are other ways to feel like you’ve been heard, and you’ve had your day in court than actually going to trial. Mediation, I think, is a great way to do it. Frequently, you’re going to be in front of someone who’s a current judge, who you’ve hired, or a retired judge, or a litigator with years or decades of experience. And they’re going to sit down and listen to you. I’ve had things wind up at 2:00 in the morning. You’re going to spend a very long day, but your client can bring up things that you don’t feel are — perhaps, aren’t relevant in the case but are important to the client.

Michael Blake: [00:36:36] And so, there’s a-

Jessica Wood: [00:36:37] Going back to the stapler-

Michael Blake: [00:36:37] … cathartic element.

Jessica Wood: [00:36:38] Going back to the stapler. The gosh darn stapler. I’m so furious about the stapler.

Michael Blake: [00:36:43] I’m never going to look at a stapler the same way now. I’m going to have issues with stapling. In fact, I may have stapled my last thing. It’s all going to be paper clips and thumbtacks from now on.

Jessica Wood: [00:36:53] There’s always a stapler in every case. I have a case right now where there’s a stapler. I mediated a case to a successful conclusion a couple of months ago. And it was all about the social media of a non-human animal. That was the most important issue. So, you never know, but there’s some version of a stapler in every case.

Michael Blake: [00:37:17] Okay.

Jessica Wood: [00:37:17] But it’s rosebud, right?

Michael Blake: [00:37:19] Yeah. That’s right.

Jessica Wood: [00:37:19] It has meaning. It has meaning to the client, and I’m not going to look askance at that.

Michael Blake: [00:37:25] Sure.

Jessica Wood: [00:37:25] I must respect it.

Michael Blake: [00:37:27] Well, it’s part of the fact pattern at the end of the day, right?

Jessica Wood: [00:37:30] Absolutely, yes.

Michael Blake: [00:37:33] So, it wouldn’t be the way I ran a railroad, but it’s not my railroad.

Jessica Wood: [00:37:35] Exactly.

Michael Blake: [00:37:36] So, I got time for a couple. I could have a two-hour conversation with you on this, but I can’t afford your rate. So, I’ve only got time and budget for another couple of questions. But one question I do want to ask is, at a high level, what is the best way a client can maximize your value to them? How does a client make sure you’re in the position to be most successful for them?

Jessica Wood: [00:38:03] That’s a great question. Give me everything at the front end or as much as you can, partner with me, collaborate with me on coming up with your narrative, be available. That’s another thing that we haven’t talked about. Once you file a lawsuit, you can be held into court at any moment. And the court does not care if you’re on spring break with your children. So, that’s another thing. You’re giving up time, but you might be giving up something intensely personal as well.

Jessica Wood: [00:38:36] I want my clients to be responsive, to get back to me quickly. In general, I want to get some forward momentum on a case. There are rare times where I will ask my client, do you want me to refrain from acting? Do we want to just hang out and see what the other side’s going to do? So, there are appropriate times for silence and not doing anything. But, in general, I just need the client to be available to me. I have clients who I will pose a pivotal question, or the other side will ask them for when can we have deposition dates, and they will become [monstrous]. That’s a client I’m going to fire.

Michael Blake: [00:39:12] Okay. There are lots of people out there who do what you do. Same with me. There’s people out there who do what I do. And as you said, all attorneys are different. They bring their different strengths and weaknesses to the table. Somebody decides they want to have that conversation, and they need to kind of pick the right representation for them, what are the two or three things you think are the most important or the, kind of, due diligence points that that potential client should be doing on their own end?

Jessica Wood: [00:39:48] So, most of my clients are sophisticated business people. Either individual C-suite level, doctors, lawyers, or on the corporate side, very good at what they do. I would say that they should ask around. That’s the best way to find — a lot of people find me through two completely different people. That always makes me feel really good when that happens. But they should ask around, and they need to hear horror stories, and they need to hear success stories. I think that’s the due diligence.

Jessica Wood: [00:40:19] You can’t really look up a win/loss record. You would actually have to talk to the attorney about that. I mean, I’m sure you could go to the Northern District of Georgia or Fulton County and look up what cases they’ve dealt with but ask the attorney. And a win/loss rate isn’t everything because, sometimes — or as I’d like to put it, coming in second place because that’s what happens at trials sometimes.

Michael Blake: [00:40:41] And there’s that human element, right?

Jessica Wood: [00:40:44] Yes.

Michael Blake: [00:40:44] You don’t know what kind of judge and jury you’re going to get, and the client may sandbag you by withholding material information.

Jessica Wood: [00:40:52] Right.

Michael Blake: [00:40:52] And you can play a great game basically and still lose. That’s just the way it works.

Jessica Wood: [00:40:58] Absolutely. So, to quote Depeche Mode, “Everything counts in large amounts.” So, it’s a little bit your likability on the stand. It’s a little bit how good is your attorney. It’s a little bit what are the facts of the case, how did the court rule on whether certain evidence should come in or be left out. So, there are many, many ingredients that go into a success or going into second place.

Jessica Wood: [00:41:24] Just because you go into second place doesn’t mean that you’re an abject failure. And just because you win doesn’t mean you really won. There are appeals that can be had. I had one case where — and I told my client this. I said he’s going to file for bankruptcy if we win. He said, no, he would never do that. His pride won’t allow him. Guess what happened, spoiler alert. So, my client got a sheet of paper that said, “You won, and you’re awesome. Here’s $1.1 million.” But then, my client had to chase this guy for another two years to get a fraction of that. So, you can win without winning.

Michael Blake: [00:42:01] Yeah.

Jessica Wood: [00:42:01] You can lose without losing. You can also win too hard. There are times where you have an early victory, perhaps, at an evidentiary hearing, or you humiliate the other side intentionally in a deposition. And then, that person’s ego becomes so fragile and so involved that they then make the decision to crush your client. So, you have to be deaf at all times, and you have to think everything through. Every single step comes with a consequence. And so, I’m always careful to avoid blow back.

Michael Blake: [00:42:42] So, I can’t do any better ending an interview than with a Depeche Mode quote. So, I’m not going to try. I don’t have it in me. If somebody wants to learn more about this topic, if they want to learn more about Depeche Mode, or they just have a great pun they want to share with you, how do they get in contact with you?

Jessica Wood: [00:43:07] Well, they can call me. I actually pick up my phone.

Michael Blake: [00:43:09] You do?

Jessica Wood: [00:43:09] I absolutely do. I know, unless I’m on a deadline, in which case I’m going to ignore the call and get back to you. But typically, I’m going to pick up the phone. So, they can call me on my direct line, which is 404-564-7409, or they can email me at jwood@brawwlaw.com. They can look at my website, and read more about my bio, and read more about the kinds of litigation that I’ve done.

Michael Blake: [00:43:40] All right. Well, that’s going to wrap it up for today’s program. I’d like to thank Jessica Wood so much for joining us and sharing her expertise with us. 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 this podcast, please consider leaving a review with your favorite podcast aggregator. It helps people find us, so that we can help them. Once again, this is Mike Blake. Our sponsor’s Brady Ware & Company. And this has been the Decision Vision Podcast.

Tagged With: contingency fees, data dump, Dayton accounting, Dayton business advisory, Dayton CPA, Dayton CPA firm, Decision Vision, Decision Vision podcast, Decision Vision podcast series, deposition, discovery, due diligence, emojis, fraud, lawsuit, legal evidence, mediation, Michael Blake, Mike Blake, pleading, settlement, Super Lawyer, Super Lawyers in Georgia, tort, trade secrets

Decision Vision Episode 8: Should I Hire a Recruiter? – An Interview with Joanna Cheng, Creative Financial Staffing (CFS)

March 28, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 8: Should I Hire a Recruiter? – An Interview with Joanna Cheng, Creative Financial Staffing (CFS)
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Joanna Cheng, Creative Financial Staffing (CFS), and Mike Blake, Host of “Decision Vision”

Should I Hire a Recruiter?

Should I hire a recruiter? What’s the best way to work with a recruiter? Michael Blake, Director of Brady Ware & Company and Host of the Decision Vision podcast, interviews Joanna Cheng on these questions and much more in this edition of Decision Vision.

Joanna Cheng, Managing Director and Branch Manager, Creative Financial Staffing (CFS)

Joanna Cheng, Creative Financial Staffing (CFS)

Joanna Cheng is a Managing Director and Branch Manager with Creative Financial Staffing (CFS). CFS is a leading, employee-owned accounting and financial staffing firm—the largest one founded by CPA firms. With more than two decades of experience helping companies locate, attract and hire exceptional accounting & finance professionals, CFS has unique resources to better understand hiring needs, attract higher-caliber candidates and assess candidate potential. Established in 1994, CFS today operates 30+ offices across 21 states and the Caribbean. Serving most major U.S. markets and beyond, CFS connects companies with candidates, from entry-level to executive level, temporary to direct hire and project support to interim management.

CFS has twice been named to Forbes’ list of “Best Professional Recruiting Firms” and twice cited by LinkedIn as one of the “Most Socially Engaged Staffing Agencies.”

Michael Blake, Brady Ware & Company

Mike Blake, Host of “Decision Vision”

Michael Blake is 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. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

He 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.

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 here. Decision Vision is produced and broadcast by Business RadioX®.

 

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show Transcript:

Intro: [00:00:02] 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 vision a reality.

Michael Blake: [00:00:21] And welcome to Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we’ll discuss the process of decision making on a different topic. Rather than making recommendations because everyone’s circumstances are different, we talk to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:39] 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, which is where we are recording today. Brady Ware is sponsoring this podcast. If you like this podcast, please subscribe on your favorite podcast aggregator, and please consider leaving a review of the podcast as well.

Michael Blake: [00:01:05] So, today, our discussion is going to be about whether to work with a recruiter when hiring new employees. And talent acquisition is a funny topic because we deal with human beings. And human beings are, for the most part, the most unpredictable things on the planet. And you don’t know necessarily what you’re going to get when you’re hiring. You don’t even know what you’re going to get when you get through the interview process. I mean, you pick a resume, you don’t even know what’s going to show up and walk through that door.

Michael Blake: [00:01:38] And in an environment now, we have some 4% unemployment and talent is not exactly growing on trees. And if you live in the Atlanta area, you can see that just by the traffic that’s in the area. You know that everybody is back to work because it, now, takes about an hour to get from [Chamblee] to Alpharetta. Talent is hard to find. But the question is you can, of course, go to the route where you can try to find talent “for free,” and we’ll find out just how free free actually is, or you can pay for help.

Michael Blake: [00:02:10] And here to help us with that conversation is my good friend, my pal, Joanna Cheng, who is Managing Partner and Branch Manager of Creative Financial Staffing in Atlanta. Prior to joining CFS, she worked for an Atlanta CPA firm in the audit practice for seven years. So, she’s a recovering CPA just like I’m a recovering investment banker and venture capitalist. She holds a bachelor’s degree from Kennesaw State University and is an avid adventure racer. I hope I’m saying that right.

Michael Blake: [00:02:40] CFS is the leading employee-owned accounting and financial staffing firm, the largest one founded by CPA firms. With more than two decades of experience helping companies locate, attract, and hire exceptional accounting and finance professionals, CFS has unique resources to better understand hiring needs, attract higher caliber candidates, and assess candidate potential.

Michael Blake: [00:02:59] Established in 1994, CFS today operates over 30 offices across 21 states and the Caribbean. Serving most major US markets and beyond, CFS connects companies with candidates from entry level to executive level, temporary to direct hire, and project support to intern management. CFS has twice been named to Forbes List of Best Professional Recruiting Firms and twice cited by LinkedIn as one of the most socially-engaged staffing agencies. And with that, my pal, Joanna Cheng. Joanna, thanks for coming in.

Joanna Cheng: [00:03:31] Thanks, Mike, for having me.

Michael Blake: [00:03:35] So, I got to ask this first. You have an office in the Caribbean. I mean, that’s just a front for like resort staff, or does one of your owners live in the Caribbean, and that’s how they sort of minimize their taxes?

Joanna Cheng: [00:03:47] We have an office in Puerto Rico, and it’s actually a pretty robust practice.

Michael Blake: [00:03:51] Okay.

Joanna Cheng: [00:03:51] Even in the light of recent events.

Michael Blake: [00:03:54] In light of the fact that island destroyed a year ago.

Joanna Cheng: [00:03:56] Yeah, there were interests, yeah.

Michael Blake: [00:03:58] So, that is a robust practice. That’s interesting.

Joanna Cheng: [00:04:02] Well, I mean, I think, as of late, they’ve had some struggles. But, again, from a temporary staffing perspective, there certainly continues to be a need for people to kind of fill the gaps.

Michael Blake: [00:04:12] Yeah, okay. That’s interesting. I would not have guessed that. So, I mean, I’ve given out, sort of, your name, rank, and serial number. You’re at CFS. You’ve been there. I think you’ve been there as long as I’ve known you. I’m not sure that I knew you when you’re an accountant, maybe for six months.

Joanna Cheng: [00:04:29] I don’t know. I left public accounting at the end of 2011. Joined CFS beginning of 2013. So-

Michael Blake: [00:04:38] Okay. So, there’s a couple of year overlap actually but-

Joanna Cheng: [00:04:40] Yeah, six years now at CFS officially.

Michael Blake: [00:04:42] But they locked me down the sixth floor of the building, so they didn’t let me out much.

Joanna Cheng: [00:04:46] Exactly. We are probably like ships in the night.

Michael Blake: [00:04:49] Yes. It’s ships in the night that were locked and never allowed to see one another.

Joanna Cheng: [00:04:53] Just like when I was an audit. It’s funny because I was gone for a year from the firm, and when I came back people, I’d run into people, and they’d say, “Oh, I haven’t seen you for a while. Have you been in out in the field?” And I’m like, “Yeah. I’ve actually not worked here for a year, but I’m back.”

Michael Blake: [00:05:07] And thanks for noticing.

Joanna Cheng: [00:05:10] It’s like I just took a hiatus.

Michael Blake: [00:05:11] A walkabout.

Joanna Cheng: [00:05:13] Right. I was just very long on it.

Michael Blake: [00:05:15] A self-audit, maybe you can call it that. So, what do you do at CFS? I mean, it sounds like you’re basically the Grand Poobah, the head honcho, the big cheese. Is that fair, at least, for the Atlanta office?

Joanna Cheng: [00:05:28] Right, queen of middle management here in Atlanta.

Michael Blake: [00:05:30] Queen of middle management.

Joanna Cheng: [00:05:31] Yeah.

Michael Blake: [00:05:31] Okay. Your highness.

Joanna Cheng: [00:05:31] I run the Atlanta office for CFS. We’re a national firm. And so, I manage a team of recruiters. And we are able to help on a temporary or direct hire basis, kind of, at any level, as long as it relates to accounting and finance within the middle market.

Michael Blake: [00:05:49] And how many people do you have on your staff right no?

Joanna Cheng: [00:05:51] We have four. We’re a team of five.

Michael Blake: [00:05:53] Okay, team of five. So, as I said, you’re a recovering CPA as I’m a recovering investment banker, et cetera, et cetera, recovering adult. What made you make that jump? When did you wake up one day and said, “Yeah, I just can’t count stuff anymore. I’ve got to go be me.”

Joanna Cheng: [00:06:11] It was really by happenstance. I think, like many people who come out of public accounting or start to look around, I didn’t really know what I wanted to do. I didn’t know what the next move was. So, I reached out to some recruiters, had some less-than-great experiences. I met one in particular that had a similar background to mine, had gone up the ranks in public accounting, gone into recruiting, was successful, opened up an office, and needed her first-time employee.

Joanna Cheng: [00:06:50] So, it was just something I decided try for a year. I mean, I think, from the things I enjoyed the most about being in professional services was the networking aspect, the relationship aspect, the adding value, and, of course, being a profit center versus a call center. So, I thought-

Michael Blake: [00:07:08] Boy, that’s huge.

Joanna Cheng: [00:07:08] Yeah. I thought recruiting could kind of be a good segue into that. And worst thing that could happen is go back and do accounting. So, some years later-

Michael Blake: [00:07:18] Which isn’t so bad.

Joanna Cheng: [00:07:19] Right. Seven years later, it seems to be working out.

Michael Blake: [00:07:23] I guess, it’s worked. Yeah. I mean, you’re still gainfully employed, productive member of society, and we haven’t had to bust you out of jail.

Joanna Cheng: [00:07:29] Yeah, not yet, yeah.

Michael Blake: [00:07:29] So, not yet. So, so far, so good. So, you mentioned you had some experience with recruiters that weren’t so awesome. I think you mentioned that.

Joanna Cheng: [00:07:40] Yeah.

Michael Blake: [00:07:40] What’s an example of that when you’ve had a bad experience yourself?

Joanna Cheng: [00:07:44] Well, it’s interesting. So, for instance, one of the — part of our process that CFS is we prefer to meet with our candidates in person, just like we like to go on site to our clients, just so we can get a really good 360 feel for the person, and the opportunity, and find that good fit. So, even before I went into recruiting, I mean, I wanted to meet people. I don’t like just virtually knowing people. I feel like I’m best face-to-face. It was just really interesting to me.

Joanna Cheng: [00:08:18] I talked to this recruiter that was referred to me, and it was a great conversation. But, by the end of it, I asked, “Oh, yes. We should meet for coffee. You should probably meet me, make sure I’ve two eyes, and off of my limbs, and yeah.” I mean, he said no, and it was just — I didn’t really know what to think about it because I felt like I couldn’t really adequately work with someone that I had never met in person, especially for such a big decision, which was a possibly career change and change of industry. Experiences like that made me think like, “There’s just got to be a better way.”

Michael Blake: [00:08:56] Yeah. I mean, it’s not like it’s a multi-level marketing scheme. It’s a serious professional position. And in what you do, every time you recommend a hire to a client, I mean, your reputation is big time on the line with that, isn’t it?

Joanna Cheng: [00:09:14] Yeah.

Michael Blake: [00:09:14] So, how you could go into that, how you could get behind somebody, and put that cloud without meeting the candidate, I’m no recruiter, but I don’t see how I could do that either.

Joanna Cheng: [00:09:24] Yeah, exactly. We’ve done hiring together in our past lives. And, yeah, I think it’s just — We don’t sell paper. And I always say that. And I don’t know if that really resonates. I think that’s a common stereotype among recruiters, and we just throw a bunch of things out there, and we just hope and pray that one of them makes us money. But I mean, there are people behind these pieces of paper. And I’ve seen the best of candidates with the worst resumes. I’ve seen pretty terrible people with really outstanding resumes. That’s part of the sniff test. That’s why we charge for our services. That’s why we have value, and yeah.

Joanna Cheng: [00:10:05] So, along with that, I also worked with a number of recruiters that provided jobs that were clearly not a match for my background. And so, again, I just kept thinking like, “This doesn’t even make sense.” This is not a, “Hey, I need a job. Here’s a job. You want this job?” I mean, it just didn’t make any sense to me. I kept thinking, “Are you even listening to me?” And, of course, I never met these people. So, I mean, I’m like, “Well, you honestly don’t know me from the next person.” So, yeah. So, I think, probably naively, going into recruiting, I thought I can make that just a better experience for people.

Michael Blake: [00:10:47] So, in your opinion, why do you think your clients hire you?

Joanna Cheng: [00:10:54] Really, I wish I knew the answer to that. If there was a concrete answer, I would package it and sell it. Prospecting would be so easy.

Michael Blake: [00:11:02] Well, how about this? How about instead of you, because I know you have a humble streak that we will try to break down and destroy over the course of this podcast. But until we get there, why do people hire you as a profession? Why do they hire somebody like you?

Joanna Cheng: [00:11:20] Well, initially, I think it’s typically out of need. But outside of that, I will say that, just like anything else, whether it’s audit, valuation, services, recruiting, people do business with people they like. I mean, that’s something that’s very important to me is to develop sincere relationships with people and to understand people’s businesses.

Joanna Cheng: [00:11:41] Hopefully, I think, my background is helpful in some sense and really understanding accounting and finance, and what that means to your company for specific positions, but yeah. I mean, it’s either that or my sparkling personality. I mean, I think.

Michael Blake: [00:11:58] I’m sure it’s a healthy combination of the two. But a thought occurred. I’m going to go off the script a little bit but not too far. It’s that, in one respect, what you and I do is very much alike is that I put together merger and acquisition transactions, and you put together talent acquisition transactions.

Michael Blake: [00:12:19] And in what I do, the reason my clients hired me, I think, is because they either have never been through a transaction, or they do it very rarely, right. And the chances are good the other person on the side of that table has done many transactions, okay. And so, they’re hiring me to kind of leverage the expertise of, say, the 200 transactions I’ve done into the one that they’ve done, right.

Michael Blake: [00:12:45] In your world, correct me if I’m wrong, but I think that, hopefully, they’re not hiring all that often for the same position. If they are, that’s a different issue if it’s a merry go round, right. But in an ideal world, you’re maybe hiring once a year, once every couple of years, or maybe once every few months if you’re growing like gangbusters, but that’s still different from somebody whose job it is to hire people 24/7 or place people to be hired 24/7, right?

Joanna Cheng: [00:13:16] Yes.

Michael Blake: [00:13:16] There’s a big advantage to having that expertise and experience in that discussion, isn’t there?

Joanna Cheng: [00:13:24] Well, absolutely. I mean, it’s what we do day in and day out. And I think that’s what the advantage is. I mean, we’re talking to people, we’re talking to companies where we have like the pulse on talent. We can see what’s available, what’s not. And, again, I think, CFS, one thing that we really emphasize is being consultative. I mean, this is, hopefully, not just a transaction. I mean, this is so important to your business. I mean, finding the right controller. And when I say right controller, I mean not someone who understands accounting can do the job. It’s someone who can help your business go from A to Z or wherever it is that you want to go that you like and that likes you.

Joanna Cheng: [00:14:02] I mean, that’s the magic, right. That’s what you can’t see from the paper. That’s what you can’t see from an online application. And I think that’s a fallacy that creates the need quite honestly. People have these experiences. We did it ourselves. We found this person. They were perfect on paper. They’re perfect in the interview. They showed up, and they were crazy.

Michael Blake: [00:14:23] Right.

Joanna Cheng: [00:14:24] Yeah? And you go, “Well, we hear that story all the time.”

Michael Blake: [00:14:26] Because they don’t say on the resume interests and crazy.

Joanna Cheng: [00:14:30] Right.

Michael Blake: [00:14:30] Right? It doesn’t show up, right? And-.

Joanna Cheng: [00:14:32] Their representative was like, “Let’s keep that.”

Michael Blake: [00:14:36] It’s on the down low.

Joanna Cheng: [00:14:36] Yeah, yeah.

Michael Blake: [00:14:36] Yeah. And, often, the people who have the most polished resumes have them polished because they’re polishing them frequently.

Joanna Cheng: [00:14:45] Right, or they’re paying for the polish.

Michael Blake: [00:14:46] They’re paying for the polish, one of the two, right? And you probably developed a spider sense. You must developed a sixth sense of some kind.

Joanna Cheng: [00:14:55] There is a little bit of that. I mean, you do get a feel for people, but that feel is — That’s, I think, the fun part. I think the best part of my job is really knowing my client, understanding their business, and then meeting somebody. I think this happened with you. Meeting someone and going, “Hey, I just met this person, and I just think you should really talk to them. I think they may be a good fit for your group.”

Michael Blake: [00:15:20] That’s true. I’d almost forgotten, I was actually a client of yours.

Joanna Cheng: [00:15:23] Yes. And we know when that works, and those types of situations more than often does, I mean, it’s a good feeling because you just feel like all the stars aligned and maybe you’re good at your job.

Michael Blake: [00:15:40] And that hire worked out. I mean, he stayed longer than I did by a lot. So, I really can’t disagree with that. So, can you point to like a favorite success story of yours where you really helped the company or even maybe helped the candidate out?

Joanna Cheng: [00:15:58] I can think of a lot of stories, but I think one thing, in fact, I had lunch today with a candidate that was a relocation candidate. It’s a really tough and usual position. It was like on the request of one of my favorite clients. And the process was painful, and it was hard because I don’t think either — we didn’t really — we didn’t know what we were looking for until we found it. But I’ve been talking to that candidate today, and how happy they are, and what they’ve been able to achieve in the time they’ve been at the company. I don’t know. It just made — that’s what makes me wake up and do what I do. And, in fact, that client is one of my adventure race buddies.

Michael Blake: [00:16:45] Really?

Joanna Cheng: [00:16:47] So, I’ve recruited for them since their inception as a startup to, now, a very successful business. And that’s something I’m very proud of.

Michael Blake: [00:16:56] So, in addition to running away from alligators and copperhead snakes and jumping over quicksand, you’re doing that.

Joanna Cheng: [00:17:02] Yeah. So, now, we throw ourselves in the briar patches and the like, yes. So, that’s real trust.

Michael Blake: [00:17:08] Yeah.

Joanna Cheng: [00:17:09] That’s when you trust, yeah.

Michael Blake: [00:17:09] Yeah, it is.

Joanna Cheng: [00:17:09] Like your service provider.

Michael Blake: [00:17:13] It is. I don’t know if anybody would trust me to lead them through an alligator or copperhead. In fact, it’s-

Joanna Cheng: [00:17:17] Oh, I didn’t say I led. I’m just, you know, but I’m there.

Michael Blake: [00:17:22] You don’t necessarily shove their head into the water-

Joanna Cheng: [00:17:25] Right.

Michael Blake: [00:17:25] … if something bad happens

Joanna Cheng: [00:17:26] Right. I would put a stick between my client and the alligator.

Michael Blake: [00:17:28] Okay.

Joanna Cheng: [00:17:30] Yeah, yeah.

Michael Blake: [00:17:31] Okay. So, let me ask you. I want to ask you this in a very smart aleck kind of way.

Joanna Cheng: [00:17:37] Okay.

Michael Blake: [00:17:37] Why haven’t you been replaced by websites? They’ve been all over. They’ve come and gone, Monster, Hot Jobs, CareerBuilder, Yahoo Jobs.

Joanna Cheng: [00:17:46] And, again, they all have their place, and they certainly have their success. And we leveraged that technology. We partner, in fact, with some of these companies.

Michael Blake: [00:17:56] Is that right?

Joanna Cheng: [00:17:56] And they’re our vendors. But, again, it just goes back to the relationship. I mean, valuation. I mean, can’t we just make a calculator, and plug in some assumptions, and-

Michael Blake: [00:18:09] There are people that are saying that.

Joanna Cheng: [00:18:10] Yeah. Come up with a number or a multiple and go, “This is the-” It’s not the point. I don’t think that’s how the world works. I mean, we’re not — people aren’t widgets. Talent, it can’t be manufactured. It’s so interesting because, I think, especially within accounting and finance, I mean, people just think, “Oh, I just need a CPA,” or “I just need an AP clerk.” And I don’t know. It’s just like anything else.

Joanna Cheng: [00:18:36] Let’s say, think about you in any job that you’ve ever had, okay. And I don’t know. Maybe people have just been very lucky, and loved everywhere that they worked, and loved the people, and those people love them. But I’ve been in several situations where I could do the job, I did it well, I just didn’t like it, or they like me, and that’s what doesn’t work, right.

Joanna Cheng: [00:18:59] I mean, middle market, in particular, is really attractive to me, (1), because that’s all I know professionally; but (2), it’s like these businesses are often someone’s baby. I mean, they’re trying to achieve a very specific goal. They’re not looking for workers. They’re looking for partners. They’re looking for people who want to be part of this team. They want people to help drive their passion to do whatever it is they want to do with this business. And that just can never be measured by a machine. And I may be eating my own words when Skynet takes over the world. But as for now, I think, my job is safe.

Michael Blake: [00:19:40] Well, I think there’s truth to that. It’s interesting you bring up the valuation part because much of my industry is being replaced by websites. And I don’t think my children would have any interest in doing what I do. But if they did, I don’t think there’s a job there necessarily for them. And we have to move towards an advisory position. And I tell people, if you want a valuation, here’s a website that you can just go get a valuation done. If that’s good enough for you, then do that, right.

Joanna Cheng: [00:20:10] I like that, make valuation.

Michael Blake: [00:20:11] If, on the other hand, you want to learn something about the business that you didn’t already know, that technology is not is not out there yet. And I think I sense that’s a very similar kind of conversation, at least, implicit conversation.

Joanna Cheng: [00:20:27] Yeah, advisory, consultative, it’s all the same thing, right. I think people aren’t looking for an answer. I mean, the answer in valuation isn’t the number. It’s, “Can I achieve my goal? What are your thoughts on that? Do you have any advice for me? What do you think?” And those are the types of questions, and that’s the type of insight, I think, I can provide to my clients. What should the salary reasonably be? Is this reasonable? Historically, this is a person’s background. Does this make sense? Is this a fit?

Joanna Cheng: [00:21:09] And we can talk through all of those things. I mean, again, it’s not a perfect science. I mean, I think that’s one thing that’s always really resonated with me just professionally is an accounting in all things. And I think, I remember you saying this many years ago, but, sometimes, we are looking into a crystal ball, and it’s just not a binary world, and there is no right or wrong. I mean, the perfect — everything could go perfect in the hiring process, and it could be the perfect candidate, but something can happen, and you have to — all recruiting is or financial reporting is just trying to control, and assess, and analyze enough of the variables to, hopefully, ensure success or some type of predictable outcome, but there’s no guarantees.

Michael Blake: [00:22:00] So, let’s talk. The large companies that have their own in-house HR departments, do they also use recruiters, or are they typically bring the whole function in-house?

Joanna Cheng: [00:22:13] Oh no, they absolutely use recruiters.

Michael Blake: [00:22:14] They do, okay.

Joanna Cheng: [00:22:14] Yeah. So, we tend to shy away from large HR departments for that reason. It’s just a lot more cooks in the kitchen than needed. We prefer to work directly with hiring manager and get a better sense of what that position is. Not saying that HR isn’t our ally, and we certainly want to work through their process, but something like a Fortune 100 company is just a completely different beast. And I think if, again, create a financial staffing just specifically, we don’t typically serve that large of a company. We probably aren’t the best resource. We’re not as willing to go and work with a VMS system where, again, in many ways, it’s selling paper. You could be drawing-

Michael Blake: [00:23:03] What is a VMS system?

Joanna Cheng: [00:23:04] Vendor management systems-

Michael Blake: [00:23:06] Okay, yeah.

Joanna Cheng: [00:23:08] … where you have to upload resumes and something, probably a robot, is looking for keywords. Again, anyone can do that. I mean, it just makes no sense to me. I could put CPA controller manufacturing expert on a piece of paper and have that picked up, but is that the right candidate for your job? I mean, maybe, maybe not. But I’ll tell you, like the effort and cost to go through all of that doesn’t really make sense for our model.

Michael Blake: [00:23:38] Now, hiring somebody today is a big commitment. And it’s not just a big commitment economically, but, to some extent, it’s a big commitment legally. And you can’t just hire completely whatever your whim takes you, right. There are certain processes, there’s certain standards of fairness that we have to observe both from a moral standpoint, a legal standpoint. Is that something that you also can help a company navigate to make sure it doesn’t accidentally step in something during the hiring process?

Joanna Cheng: [00:24:10] Absolutely.

Michael Blake: [00:24:11] And you save somebody’s bacon doing that?

Joanna Cheng: [00:24:13] Well, I mean, and I won’t use any specific examples here, but I think especially smaller businesses or owner-operated businesses. People just don’t know what they don’t know. I mean, it’s purely out of ignorance, not out of spite, but yes. I mean, there will be certain things discussed that we’re like, “Yeah, we can’t have that. That can’t be a variable.”.

Michael Blake: [00:24:35] Right. You can’t ask that question.

Joanna Cheng: [00:24:37] Right, or don’t ask that question.

Michael Blake: [00:24:39] Right.

Joanna Cheng: [00:24:42] So, yes. And from a hiring liability perspective, I mean, I think, we do our diligence as well as kind of anyone else, right. You got do your reference checks, background checks. And technology has certainly been very helpful in that that it’s more difficult now, I think, to kind of hide some of your educational or criminal skeletons than maybe you could have in the past.

Michael Blake: [00:25:05] Now, 10 years ago, we saw, remember, the job market was – to use a technical term – in the toilet. But I think firms were even using recruiters then, even in times where there’s ostensibly a much more rich labor pool from which to select talent. Why do you think that is?

Joanna Cheng: [00:25:27] Well, again, your needs are your needs. Very often, that looks and smells a certain way. So, the question to yourself is return and your effort. Your company, your people, your internal efforts, that’s going to cost you money to source and go through kind of just all the bodies, or you could outsource that function to someone that does it every day.

Joanna Cheng: [00:25:55] I mean, again, good economy, bad economy, businesses have to operate. Everyone’s always looking for talent in some respect, whether that’s from a project basis or a direct hire. And I think that each economy has different demands, and that’s why recruiting has kind of been able to navigate these different cycles.

Michael Blake: [00:26:20] So, we hear a lot or I hear a lot, and I’m sure others do, about different models where one fee model is contingency-based, the other is retained search basically. Can you explain kind of the difference between the two? And from a customer’s perspective, what do you think the pros and cons are of each?

Joanna Cheng: [00:26:39] CFS is a contingency model. So, I always like to say I work for free. I get paid upon my success, and I really enjoy that aspect of what I do. Retained search is different the sense that you pay a fee regardless of outcome, in some respects. And those are typically very specialized positions, more difficult to find positions. I mean, national and international searches.

Joanna Cheng: [00:27:08] So, pros and cons. Contingency, I mean, the pro is, again, you can get a lot of recruiters working for you for free. They’re out there kind of kicking bushes, and doing all the legwork, and hopefully bringing in the best of the best, and you can make a hire, and best recruiter wins. The con is those recruiters are working on many different other contingent searches, and you may not be their sole focus, or there could be other drivers of why you’re not seeing what you think you should be seeing from the caliber of candidate, or quantity of candidates, or whatever it is.

Joanna Cheng: [00:27:44] From a retained search perspective, I mean, that typically should be a dedicated effort. I mean, they want not only to take you money, but they do want to earn it. I’m a little bias because I’ve never worked in the retained search model. I think that the only thing I can think of is everyone has to make money, and just makes me wonder sometimes the bandwidth of recruiters even within the retained model like how much time are they truly dedicating to your search. I mean, that’s something to think about. But, again, you got to use who you know and use who you trust, right?

Michael Blake: [00:28:23] Yeah. That’s why you got us. What is a stereotype about your industry or people in your industry that we should dispel? What do most people think about what you do that’s just wrong?

Joanna Cheng: [00:28:35] I’m a big advocate of the saying that stereotypes come from somewhere.

Michael Blake: [00:28:39] Okay.

Joanna Cheng: [00:28:40] Okay. And I think one of the reasons I became a recruiter is because I had terrible experience with recruiters. And I continue to kind of hear those stories often. So, recruiting is a sales job. And I think that’s-

Michael Blake: [00:28:59] Twice over.

Joanna Cheng: [00:29:00] … the reality. That’s the reality of this job. And what I’d like to dispel is that we’re like used car salesmen, and we’re just throwing bodies at companies, and just walking away with a check.

Michael Blake: [00:29:15] Wish, it was that easy, right?

Joanna Cheng: [00:29:16] Oh yeah. I mean, that would be great because that’s the issue is that does happen. And there is a reason why recruiters can have a bad reputation. But what I would encourage people to think about is there are good recruiters, just like there are good accountants, like good doctors, good lawyers, good valuation experts. People who, hopefully, kind of care a little bit more, who take pride in what they do, and really stand behind their business.

Joanna Cheng: [00:29:47] And, also, too, I think, have the luxury to say that as a privately-held company, like we certainly are making things a little bit differently than maybe some of our larger publicly-traded competitors, and they’re driven by a different — they need a different outcome.

Michael Blake: [00:30:02] Well, they’re going to be driven — they have to be driven by a quarterly number, right?

Joanna Cheng: [00:30:07] Right.

Michael Blake: [00:30:07] They have to have 90 days of view ahead of them. And then, after that, they’ll worry about the next 90 days.

Joanna Cheng: [00:30:13] There’s just a reality of that.

Michael Blake: [00:30:15] Yeah, that’s right because that’s what shareholders are telling them they wanted them to do.

Joanna Cheng: [00:30:18] Right.

Michael Blake: [00:30:20] How does a company best work with you? Like you, I’m in the service business, but there are certain conditions in my business where the client does certain things, they make my job a lot easier, and the likelihood of a positive outcome that much greater, right?

Joanna Cheng: [00:30:36] Right.

Michael Blake: [00:30:37] For a company to maximize your effectiveness, what should they be prepared to do on your end as part of that partnership to give the best chance of securing that great outcome?

Joanna Cheng: [00:30:48] Just being available. I think that’s number one.

Michael Blake: [00:30:54] What does that mean exactly?

Joanna Cheng: [00:30:56] I think we’re in this hyper-busy world, especially when you’re a man short, or you need an extra pair of hands. You’re busier than ever. And that drives the backbone of my business. That being said, if you were truly looking for the right fit, you’ll spend the upfront time to invest in speaking with me, so I can learn about your business. You’ll make time for me to come visit, and talk to me in person, and show me around. And when we make our recommendations, really take the time to listen, and discuss, and ask questions.

Joanna Cheng: [00:31:33] I think that’s the best way to work with a recruiter. Like we’re, again, not selling paper. I mean, there are people here. There’s a reason why I’m making a recommendation. If you don’t have the time to talk to me about it, it’s very hard for me to help you. So, I’m often thinking like, “Help me help you.” I know you’re busy, but we’ve got to talk about this, and we’ve got to make time because I think this is a choice.

Michael Blake: [00:31:59] Yeah. I think I would imagine in your world, there are clients that look at you and say, “Oh, thank God, I can just hand this entire thing off to Joanna. She’ll go away for whatever period of time, and she’ll just come back with-”

Joanna Cheng: [00:32:13] A magical unicorn.

Michael Blake: [00:32:14] Magical unicorn.

Joanna Cheng: [00:32:15] Yeah.

Michael Blake: [00:32:15] Right?

Joanna Cheng: [00:32:16] Mhmm (affirmative).

Michael Blake: [00:32:18] But maybe you’ll come back with a magical unicorn, but if they don’t just sort of throw the thing over the wall, that’s more likely to happen, right?

Joanna Cheng: [00:32:25] Right. Yeah, exactly. And that’s exactly right. I think what happens a lot in recruiting, especially when you’re working, again, with many firms who will just take a general job description and kind of run with it, is, again, these are people, they’re unique. And I do, actually, use that term in my office is we hunt for unicorns. And so, something that like a purple unicorn with a gold horn is very different than the green speckled one. So, when you show up with the pink one with orange sprinkles, and you go, “That’s not what I wanted at all-”

Michael Blake: [00:33:00] It sounds like a very mythical place to work, by the way.

Joanna Cheng: [00:33:01] It’s a magical land.

Michael Blake: [00:33:03] It sounds like it.

Joanna Cheng: [00:33:05] I mean, again, it just comes down to information. And that’s what I typically advise my clients, especially when I first worked with them. I say, “Hey, we present candidates in very small rounds. We like to discuss their backgrounds with you and discuss why we think they would be a fit, and why you should consider them for hire.” And if we’re completely off target, then someone is missing information, or maybe we don’t know what we’re looking for yet. And I see that a lot as well. Sometimes, people think they need these 10 bullet points, and you go, “Well, yes, but this unicorn has six of those, and you don’t even need the other four.” But until you have that conversation and kind of work through that process, you kind of don’t know what you don’t know.

Michael Blake: [00:33:53] And then, maybe, it turns out you don’t need a unicorn, just a really nice horse will do.

Joanna Cheng: [00:33:57] Exactly, yeah, with a party hat on.

Michael Blake: [00:33:59] With the party hat on.

Joanna Cheng: [00:33:59] Yeah.

Michael Blake: [00:33:59] So, last question, and then then we got to wrap up. But I think a lot of people miss the fact that recruiting is an active job. When we call your recruiter, that’s an action-related. To recruit is as active as opposed to just sort of posting a job and waiting for resumes to fill in. And a question I’ve always had and just been kind of curious about is when you recruit somebody who wasn’t necessarily looking for a job at that time, how do you kind of gauge or kind of verify that that person’s really invested in the process, and that if they do kind of make it through your vetting process, you’re going to present them to the client that they’re going, there’s a fully invested candidate, and not just sort of as a hired gun that might be recruited away from them two years later? You know what I mean?

Joanna Cheng: [00:34:55] Well, yeah. And you see that in like the tightest labor market we’ve seen in many years.

Michael Blake: [00:35:00] Right.

Joanna Cheng: [00:35:00] And I mean, I think that in some respects, it’s the new normal, just poaching or the temptation to jump in for what it is when times are good. I think people are always open to opportunity. Again, we can’t see into the future. I don’t know if someone’s going to leave in two years or 20. All we can assess now is your factors causing them to be open to opportunities, like why are they looking? Why would they want your job? Why would they want work here? Why would they stay? I think into overriding all of that is something that is mentioned, but it’s probably not discussed as much as it should, which is retention. Whose job is it to retain these employees? Is it the recruiters’ job?

Michael Blake: [00:35:52] It doesn’t sound like because your job description is not retainer.

Joanna Cheng: [00:35:57] Right. So, that’s something I always think about. And I will say this, I mean, generally speaking, for instance, there are definitely companies that are known for extremely high turnover. And those are companies we tend to shy away from, or we will provide staffing on a project basis. But it’s hard for us to put — I always say it’s hard for us to put A people in kind of a C Company. It’s hard for us to put C people in an A company. It’s the same thing. It doesn’t work.

Joanna Cheng: [00:36:29] So, yeah. I mean, my advice in terms of choosing a recruiter also says, “Hey, yeah, there’s a cost to that. There is a benefit there. There could be some risk associated with it, but what are we doing as a company to retain that talent?” because you can get in the door, but keeping them, that goes beyond my job.

Michael Blake: [00:36:52] Sure.

Joanna Cheng: [00:36:52] And I think that’s pervasive in recruiting. I mean, people switch firms all the time. One thing that attracted me to CFS and kind of holds true in my experiences, our tenure of employees is unusually long for our industry. I do think that says something in a positive way.

Michael Blake: [00:37:14] Well, this went great. We got a lot of great information, great insights, but we can’t cover everything that we’d like to cover in a half-an-hour podcast. So, if somebody wants to ask you some questions, reach out to you, follow up, can they do that?

Joanna Cheng: [00:37:27] Yeah, absolutely.

Michael Blake: [00:37:28] So, how would they reach you?

Joanna Cheng: [00:37:30] I’m on LinkedIn. So, Joanna Cheng with, apparently, not enough of my background. I’ll let you-

Michael Blake: [00:37:41] Yes. Well, it was background-light. We’ll just say you use social media judiciously.

Joanna Cheng: [00:37:47] Right.

Michael Blake: [00:37:47] And Cheng is spelled C-H-E-N-G.

Joanna Cheng: [00:37:48] Yes.

Michael Blake: [00:37:48] Correct?

Joanna Cheng: [00:37:51] And our website is cfstaffing.com. It will have our company number. You’re welcome to give a shout, shoot us an e-mail. Happy see how we can be a resource for you.

Michael Blake: [00:38:03] Okay, very good. Well, that’s going to wrap it up for today’s program. I’d like to thank Joanna Cheng so much for joining us and sharing her expertise with us. 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 this podcast, please consider leaving a review with your favorite podcast aggregator. It helps people find us, so that we can help them. Once again, this is Mike Blake. Our sponsor is Brady Ware & Company. And this has been the Decision Vision Podcast.

Tagged With: contingency fee, contingency fees, Dayton accounting, Dayton business advisory, Dayton CPA, Dayton CPA firm, Decision Vision, Decision Vision podcast, Decision Vision podcast series, employee recruiting, employee retention, Employee retention strategies, Executive Recruiter, executive recruiting, executive recruitment, financial staffing, hiring a recruiter, hiring candidates, hiring employees, hiring needs, LinkedIn, Michael Blake, Mike Blake, online hiring sites, polished resume, recruiter, Recruiting, resumes, retained search, retaining talent, staffing, talent acquisition, talent recruitment, talent retention, vendor management system, VMS

Decision Vision Episode 7: How to Hire a Forensic Accountant – An Interview with Randy Domigan, Brady Ware & Company

March 21, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 7: How to Hire a Forensic Accountant - An Interview with Randy Domigan, Brady Ware & Company
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How to Hire a Forensic Accountant

Michael Blake, Director of Brady Ware & Company and Host of the Decision Vision podcast, interviews Randy Domigan, Director of Brady Ware & Company, on different types of fraud, why a normal financial audit doesn’t usually detect fraud, and signs your business might be a victim of fraud.

Randy Domigan, Brady Ware & Company

Randy Domigan

Randy is a Certified Fraud Examiner and can identify the warning signs and red flags that indicate evidence of fraud and fraud risk. He uses his expertise to help dealerships improve fraud prevention, detection, and deterrence. He has been trained to uncover and illuminate fraud when it occurs, and even more importantly to deter fraud before it starts. In addition to his fraud expertise, Randy has over 20 years of experience in tax and financial planning and internal control consulting.

 

Michael Blake, Brady Ware & Company

Mike Blake, Host of “Decision Vision”

Michael Blake is 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. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

He 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.

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 here. Decision Vision is produced and broadcast by Business RadioX®.

 

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show Transcript:

Intro: [00:00:01] Welcome to Decision Vision Podcast, a 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 vision a reality.

Michael Blake: [00:00:21] And welcome to Decision Vision, a podcast giving you, the listener, clear vision to make great business decisions. In each episode, we’re discussing the process of decision making on a different topic. Rather than making recommendations because everyone’s circumstances are different, we talk to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:40] 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, which is where we are recording today. Brady Ware is sponsoring this podcast. If you like this podcast, please subscribe on your favorite podcast aggregator, and please consider leaving a review of the podcast as well.

Michael Blake: [00:01:05] Today, we’re going to talk about hiring a forensic accountant. And forensic accounting is always fun to talk to because in the accounting world, they always have the greatest stories, the greatest war stories. I mean, who doesn’t love a story about white collar crime? Unless you’re in it, I guess, then, it’s not so great. But if you’re sort of a third person, it makes the best cocktail story. So, pro-tip to the listeners out there, if you’re ever, sort of, at a mixer at a CPA firm, and you don’t know who to talk to, ask who the forensic accountants are because they have the best stories by none.

Michael Blake: [00:01:43] Yeah, forensic accounting is a very specialized area of the accounting profession, and it’s one of the most difficult decisions in terms of deciding whether or not you’re going to hire a forensic accountant because by definition, when you’re considering hiring a forensic accountant, you think that, potentially, there’s been, at least, a major mishap, and in many cases, you suspect that a crime has been committed often by somebody that you trust.

Michael Blake: [00:02:18] And so, I can tell you from talking to my clients who I’ve referred to forensic accountants over the years, it’s a major hurdle to, then, make that call to say, “Yeah, I need to get this checked out. I need to have somebody really come in, and look under all the rocks, and, hopefully, find nothing. That would be a great outcome. But then, if something is going to be found that we know exactly what it is and we can make it from there.”

Michael Blake: [00:02:42] And so, to talk about that with us is Brady Ware’s resident expert. Joining us today by phone from the Gem City Dayton, Ohio is Randy Domigan, one of my business partners at Brady Ware in Dayton. Randy works in a variety of accounting, auditing, and consulting engagements, as well as corporate and individual tax areas. He provides services to closely-held businesses in a variety of industries, including manufacturing, dealerships, retail, distribution, professional services, transportation, and real estate. He leads our firm’s fraud services practice and assists with recruiting and training of new team members, and serves as the head of the firm’s Insurance Services Group Technology Committee.

Michael Blake: [00:03:26] Randy is a member of the Ohio Society of Certified Public Accountants, the American Institute of Certified Public Accountants, and the Association of Certified Fraud Examiners. He also serves as a chair for the Better Business Bureau’s Eclipse Integrity Awards Committee and is active for the Dayton Chamber of Commerce and the Miami Valley Venture Association. Randy is a 1994 graduate of Wright State University. After working three years in another regional accounting firm in Dayton, Randy joined Brady Ware in July of 1997. Randy, thanks so much for taking your time out of tax season to join us for a little bit today.

Randy Domigan: [00:04:03] Yeah. Thank you, Mike.

Michael Blake: [00:04:05] So, I’ve kind of gone through your intro but I don’t think the intro necessarily does it justice. So, talk a little bit about your role at Brady Ware, and how much forensic accounting, and maybe chasing down white-collar criminals is a part of what you do.

Randy Domigan: [00:04:24] Yeah, absolutely. So, as Mike said, I am a director with the firm. And I do work out of our Dayton office. I do head up our fraud and forensic practice. And as part of that, I do spend a good portion of my time typically outside of our tax season, which is kind of our January through April timeframe. But outside of that timeframe, I spend a lot of time working with companies to primarily strengthen their internal controls.

Randy Domigan: [00:04:53] I do get involved in cases where fraud has occurred, and I do have to go in and do investigations. What I try to do because I see the ill impacts of that on businesses and how much it can destroy a company is I really try to get out, and get in front of these things, and work with companies to help strengthen controls, reduce risk, and really find ways to to prevent fraud from happening in the first place because that’s really where you want to be. You don’t want to be on the receiving end of needing a forensic accountant, which, of course, they can do, but you want to try to be on the front end of the this and try to put preventive measures in place to keep it from happening to begin with because, unfortunately, once it happens, usually, there’s never a real good result.

Michael Blake: [00:05:40] Yeah. Once that bell gets rung, it’s very hard to unring it.

Randy Domigan: [00:05:43] Absolutely.

Michael Blake: [00:05:44] And, I got to be candid. I did not know that about the forensic accounting role. I’ve worked in other firms as well, and all they ever talk about was finding stolen money or dealing with lost profits, and damages, and so forth. But it had not occurred to me, but it makes sense now is that the other side of that is putting in internal controls and preventative measures, so that the other side of that identity that you have is, we hope, never called upon.

Randy Domigan: [00:06:14] Absolutely. And part of that is bringing awareness to what the issue is because you don’t know you need a forensic accountant until it happens to you typically. And so, trying to educate people on the front end, and show what some of the risk factors are, and bringing awareness about it is part of the battle in trying to fight fraud, so companies can implement risk management policies ahead of something happening. And I’ve even had cases where I have gone out to do some of this consulting and looking at kind of where their business risks are in, and where their controls are, and how they’re set up where I’ve actually found fraud that has already occurred, and the company was completely oblivious to it.

Michael Blake: [00:06:59] I can imagine that led to some uncomfortable conversations.

Randy Domigan: [00:07:03] Yes. it did. Absolutely.

Michael Blake: [00:07:05] So, can anybody with a CPA do forensic accounting or what is their specialized training to become a specialist as you are in that particular field?

Randy Domigan: [00:07:18] Yeah. No, that’s a great question, Mike. So, in addition to being a CPA, I’m also a CFE, which stands for Certified Fraud Examiner. So, when I originally got interested in fighting fraud and getting into that aspect of my career, I had actually been involved on an engagement where some employee embezzlement had happened, and I went in and was basically just trying to figure out what happened. It’s like where the money was stolen from and the different ways that the individual was able to steal the money. And it really just fascinated me.

Randy Domigan: [00:07:52] And so, I started looking at other ways to help sharpen my skills in that area because just with my auditing background, it really wasn’t sufficient to really cover all the aspects that go into being a forensic accountant and a certified fraud examiner. You need to understand some of the laws surrounding how fraud is prosecuted. You need to understand what some of the things that lead people to commit fraud, what some of those risk indicators are. And so, I went ahead and went to an organization called the Association of Certified Fraud Examiners, became an associate member, and started looking at a lot of the classes and things that they offered in order to become a certified fraud examiner. And as a result of that, there’s an examination I had to take and several classes. And I came out at the end of that and really started to make that part of my practice area.

Michael Blake: [00:08:56] And how long ago was that?

Randy Domigan: [00:08:59] I did that back about 10 years ago.

Michael Blake: [00:09:02] Okay. So, you’ve had a decade of experience in dealing with these kinds of issues. So-

Randy Domigan: [00:09:08] Yes.

Michael Blake: [00:09:11] Does all fraud look alike? Is there basically one flavor of fraud, and fraud is just fraud, or does it come in different forms and shapes?

Randy Domigan: [00:09:20] Really does come in different forms and different shapes. I mean, the term fraud can mean a number of different things. You can have fraud in the medical industry where you have people submitting false claims to insurance companies. And I mean, it just covers so many different things, tax fraud and refund fraud. It’s huge.

Randy Domigan: [00:09:47] The area that I tend to focus on a little bit more tends to deal with occupational fraud, which is one of the most common occurrences of fraud. Occupational fraud, basically, deals with employees, directors, just individuals within a company that commit fraud. And it can be fraud from any direction. Typically, it relates to like something around a cash disbursement or something like that. It could be related to payroll. There’s just a number of different things where fraud can be committed against an organization, but it’s typically asset misappropriation, and that can take a number of different forms.

Randy Domigan: [00:10:36] So, what are a couple of different forms? What are, kind of, the flavors of asset misappropriation? And, I guess, to the simple mind like mine, asset appropriation means stealing stuff, right?

Randy Domigan: [00:10:51] Correct. So, one thing would be cash disbursements fraud. So, if somebody were to write a check to themselves or to a fictitious organization that they controlled that was an unauthorized disbursement, that would be an example of a cash disbursement fraud. Another way, another example that would be if somebody paid themselves through payroll, either an extra paycheck, they modified their pay rate, where they could be paid more money than what they were entitled to or what had been authorized and approved, again, that’s an asset misappropriation because they’re taking funds that have not been authorized to be taken.

Randy Domigan: [00:11:39] Another way could be inventory theft. They just, actually, just go in and take something right off the shelf at a store or within the organization. There could be equipment. Anything like that would relate to an asset misappropriation. And that’s, again, probably, the most common type of fraud that I tend to get involved with.

Michael Blake: [00:12:00] I was talking to somebody who does inventory tracking for hospitals not long ago, and they’ve got a company that facilitates that. And, apparently, one of the biggest — I don’t know if you’re doing medical work or not, but if one of the things that I learned is that for a given hospital, hundreds of thousands of dollars of stuff just walks out of the hospital. It’s not like bottles of aspirin either or stethoscopes. It’s like significant equipment that just sort of goes missing. Have you experienced that or heard of cases like that?

Randy Domigan: [00:12:35] Yeah. It does tend to happen in large medical facilities. I don’t typically get involved with those as much. Most of them have been focused around companies where they’ve had an employee just internally, well, a lot of times, involved with the accounting area where they’ve got access to those funds in some way, shape, or form. It could be that they are one of the authorized check signers. It could be that they are or they have access to online banking, and they wire money out of the account. And so, a lot of it is stuff that they can turn quickly into something that they can use. I don’t see as much inventory theft, but it does happen because there is a market for those things. And most of those things can be easily sold and turned into cash.

Michael Blake: [00:13:29] So, if these people that that that commit fraud, I think, the psychology here is interesting. I’ve had some experience with it just observing forensic accountants, kind of, across the hall and in valuation of other places. What’s the profile of the person who commits fraud? Are they somebody that’s they’ve already been out of jail three and four times, already kind of a known risk, or is it more somebody that that maybe the first crime they’d ever committed, at least, on record?

Randy Domigan: [00:14:00] Well, it can be both. That’s why if companies are hiring individuals into a position of trust, it’s really important to go through a very formalized and very detailed background check to make sure that somebody that you’ve got coming in hasn’t already served jail time, hasn’t been arrested, or anything else for one of these other crimes. So, to answer your question, on the other end, yes, it can happen to just about anybody unfortunately.

Randy Domigan: [00:14:35] Different circumstances come up in people’s lives that can give them the motivation that they would need to commit fraud. There’s what’s called a fraud triangle that has the different aspects of fraud that lead somebody into committing fraud. And the first thing is motivation. And there’s a number of things that can lead to motivating somebody to commit fraud.

Randy Domigan: [00:15:01] It could be that they’re living beyond their means, and they need additional money to help support what they’re spending. Might have had a medical incident, or a loved one that was hurt in a car accident, or they developed some disease where the medical bills just keep coming, and they have to find a way to cover those bills.

Randy Domigan: [00:15:20] It could be just bad credit. They might have had a bankruptcy. They might have been divorced that just really threw their finances into turmoil. There’s also things like alcohol and drug abuse or gambling. Just things like that where people have this additional need for funds that they’re not able to get just from what they’re earning in their paychecks every week. So, those types of things can motivate people to commit fraud initially.

Randy Domigan: [00:15:50] The second step is you know for them to justify it. People will justify it in their head by feeling that they are worth more than maybe what they’re getting paid. They see maybe somebody else in the company that’s making more money, and there’s maybe some jealousy there. They say, “Hey, wait a second. This person is making this much. I contribute more than what they do. I should be making more money.” So, that’s how they kind of justify it in their head.

Randy Domigan: [00:16:17] And the other thing is the opportunity. The opportunity presents itself. It could be that there’s a weakness in the control system that allows them to do it without it being detected. And that’s usually a big thing. And most people know their jobs very, very well, so they know what what’s looked at, and they know if they try something whether or not they would get caught or not. And so, it might start out as, “Hey, I just took a little bit here or there, and nobody said anything. Nothing ever comes up about it.” And so, it starts going further, and it gets bigger, and bigger, and bigger, and it can just snowball into something very, very large.

Michael Blake: [00:16:56] So, all right. So, now, I’m listening to this podcast. As a listener now, I’m afraid someone is stealing money, somebody is taking money out of the till, writing fake invoices, walking our laptops, whatever it is. As a business owner, how can I keep my eye out for warning signs that fraud might be going on? Are there any kind of telltale symptoms that you can share?

Randy Domigan: [00:17:24] Yeah, absolutely. So, one of the things business owners definitely need to be in tune with is what their employees have access to and looking for changes in their employees’ behavior, lifestyle, things like that. So, if I’m a business owner, and I know that I am paying my accounts payable person just, say, $50,000 a year, and they drive up in a $100,000 Mercedes car, that might be a red light that goes on to say, “You know what, something doesn’t look right there.”.

Randy Domigan: [00:18:05] And there could be a very good reason for that. However, it’s those kinds of things that you just need to be aware of and aware of changes to your employees. If you see a behavior change or you see physical symptoms of something that don’t look right, that should be something that you would look at and maybe say, “You know what, I should probably look a little bit more into that.”

Randy Domigan: [00:18:29] Another sign would be if you are having unexpected cash flow issues that just don’t make sense. I mean, your sales are up from what they were last year, and you would think your profitability is up, but you can’t meet payroll for some reason. You’re like, “Wait a second. Why don’t we have enough money in the bank to make payroll?” or “Why can’t we pay our vendors on time?” And it just doesn’t make sense to you, or you see just unexpected financial trends in your financial statements that don’t make a lot of sense. That’s when you know there could be a sign there that something’s going on, and you need to look into it and investigate it.

Randy Domigan: [00:19:08] When you when you described that, it sounds to me like financial fraud looks an awful a lot like data breaches in that the data breach is rarely, if ever, a one-time occurrence, and the one you hear about or by the time you hear about it, it’s really not one incident, but it’s likely something that has gone on, sort of, in a low-key, hard-to-detect way over an extended period of time. Does fraud often act like that as well? You wind up being the boiling frog, and you don’t realize it until you’re not a live frog anymore>

Randy Domigan: [00:19:49] Absolutely. And the sad part is, a lot of times, when fraud occurs, it’s people who the owners trust in it and, a lot of times, have been with the company for a long time. And, again, it starts out small. It’s, “Hey, I did a little bit here and a little bit there, and nobody noticed. Nobody said anything. And I figured out, hey, I can exploit this a little bit more. And I find different ways to do it.” And it starts getting bigger, and bigger, and bigger by the time you get to it.

Randy Domigan: [00:20:21] And, sometimes, it goes, “I had one case that had gone on for 20 years and I had no clue what was going on. And on an annual basis, if you look at it, it’s like, okay, well, it wasn’t enough to really damage the company in any way.” But in the aggregate, if you look at, say, at 100,000 over 20 years, that’s a lot of money that the company has lost to fraud. And it was all because it was this person that was in a trusted position of authority within the organization that exploited our weakness that was there.

Michael Blake: [00:20:54] Yeah. Yes, you’re right. And then, you think on top of that, if that $100,000 had been reinvested in the company or reinvested elsewhere, there’s a multiplier effect too of lost returns.

Randy Domigan: [00:21:08] Absolutely.

Michael Blake: [00:21:09] So, in your experience, is fraud more likely to come from the top part of the organization, say, at the CFO controller level, or in middle management, or kind of down in the shop floor cash register level, rank and files, more places where it’s more likely to occur, or does it kind of occur all over the place?

Randy Domigan: [00:21:31] It can really happen anywhere. The larger frauds tend to happen at the higher levels of the organization. So, if you have like, say, a chief financial officer that has access in the ability to cover up a fraud for an extended period of time, those can get very, very large, unfortunately. If you have somebody on the shop floor that’s stealing from you, and they’re stealing scrap metal, or parts, or something, and they’re selling them in the black market, yeah. I mean, you’re probably not going to notice any major financial impacts from that, but it’s still going to be impactful because you’re missing inventory, you’re not getting the money back from that scrap, and things like that. So, yeah, but it can happen all over.

Michael Blake: [00:22:18] Now, a lot of companies, of course, are subject to formal financial statement audits according to GAP. Is it reasonable to expect that over the course of the audit that fraud will just be detected over the due course of a well-performed financial audit?

Randy Domigan: [00:22:39] Yeah. Unfortunately, it’s not likely that a normal financial statement audit is going to detect most types of fraud. Audits are just not designed to detect fraud. I mean, there are aspects of the audit that will get an understanding of how the controls and things are set up. And if they see a glaring weakness in the control system, they should be designing their audit procedures around that to detect something.

Randy Domigan: [00:23:06] However, some of these things are so well hidden, and they’re not large enough to really be caught in the financial audit. Most of them aren’t. I mean, you have a very small percentage of them that would potentially get caught by a financial statement audit, but a forensic accounting engagement or audit really will dive deep into the specific areas where there is risk after an analysis is done. And so, yeah, just unfortunately doesn’t. And a lot of people think that because, “Hey, I have an audit done. I should be really good, and I don’t have to worry about fraud occurring.” That’s just not the case.

Michael Blake: [00:23:45] Yeah, I think that’s right. And my recollection is if you carefully read a standard financial audit engagement letter, there’s typically language that says, “We’re not necessarily going to detect fraud. That’s a separate exercise. If we stumble upon it, great. But don’t rely upon this exclusively to find that kind of issue.”

Randy Domigan: [00:24:06] That is correct.

Michael Blake: [00:24:09] So, okay. So, let’s say now that I’m a business owner, I commission a fraud engagement, and I find something. What typically happens then? Do you call the cops, and they just sort of cuff the person, they walk him out of the store, or what happens then?

Randy Domigan: [00:24:31] Yeah. I mean, I think, it’s going to vary depending on what type of fraud it is. I mean, obviously, if it’s something very egregious, and somebody is continuing to do it, and if you don’t get them removed immediately, further damage is going to occur to the company, then, yeah, you’re going to want to take some immediate steps to get that person out of their ability to do that.

Randy Domigan: [00:24:54] However, most cases, if you hired somebody to come in and kind of do a fraud checkup – that’s kind of what I’ll call it – and they happen to discover a fraud, first thing you should really do is get an attorney involved that has got experience in dealing with this kind of matters. And you need to look specifically for an attorney that has experience dealing with fraud situations because there are various federal and state laws that cover fraud.

Randy Domigan: [00:25:25] Now, again, if it’s somebody that you found stealing money out of the till, obviously, you get them out of there immediately because you don’t want to continue to incur losses as a result of them taking that, or stealing inventory out of the back room, or something like that. But this is really more for having somebody that’s in a position of trust that might be stealing through the payroll system, or the cash disbursements, and things like that that I described a little bit ago.

Randy Domigan: [00:25:55] You really want to have somebody get involved that knows the different areas that they can be attacked to try to recover the funds because, obviously, the end result is you want to try to recover as much as you possibly can. Unfortunately, with most fraud, the people spent the money already. And so, you have to have other ways to try to collect, and attorneys know how to go about doing that. And so, you definitely want to get them involved on the front end.

Michael Blake: [00:26:21] Yeah, I’ve noticed that. That’s very unfortunate about the people that commit fraud, they’re not very good savers and investors.

Randy Domigan: [00:26:29] No, they aren’t, unfortunately.

Michael Blake: [00:26:30] They never invested into a wise portfolio, diversify stock and bonds, and have real estate, and stuff. They’ve bought a Tesla, or they paid for a cruise to Easter Island, or they bought like a solid gold trailer, or something like that. It’s rarely something you can just say, “Well, I’ll just write you a check, and pay you back, and off you go.”

Randy Domigan: [00:26:53] Yeah, first class plane tickets for a trip to Europe. I mean, those are the kind of things that typically the money is spent on.

Michael Blake: [00:27:00] Yeah, you kind of mentioned the psychology. So, I would imagine that attorney that you call, or maybe it’s more than one attorney because I got to imagine there’s employment issue too, if you accuse somebody of fraud, and then you’re going to fire somebody for cause, you better be right, or you’re in a world that will hurt yourself, right?

Randy Domigan: [00:27:21] Yeah, absolutely. That’s why you really want to try to get those attorneys involved quickly to mitigate risk to the company in any potential additional losses.

Michael Blake: [00:27:30] Now. what if I suspect fraud, I bring you in, and you come back, and you say, “You know what, all this stuff is explainable. I mean, yeah, you ought to improve some processes and some transparency, but doesn’t look like anybody stole anything.” Is there a risk of fallout within the organization after you’ve done that, if you kind of hit the nuclear button, and then you’ve got other organizational problems to solve, or can you do that in a way that’s discreetly, so you can kind of get in and out, and very few people know you’re even ever doing that or suspecting anybody of fraud?

Randy Domigan: [00:28:11] Yeah. No, Mike, that’s a great question, and it’s something that we run into a lot, especially when the owner wants to just kind of have a checkup done. Come in, and kick the tires, and see how the controls are set up. And if you find something, let’s talk about it. That’s how a lot of the engagements go.

Randy Domigan: [00:28:28] So, if you’ve got somebody that’s good at working with employees, and the narrative comes out as to why somebody is there, and somebody is asking questions, and looking at some different things, you can definitely get around some of those concerns of having the organization just have major shakeup because somebody’s been here investigating a fraud or something like that. So, there are definite ways that you can go about that to mitigate that with employees and personnel within your organization. You just have to make sure that you have the right person that kind of talk through what your narrative is around it.

Randy Domigan: [00:29:11] So, a lot of times, it can be, “Hey, we’re looking to redo our insurance policy, and they want us to look at some of our controls, and policies, and things like that.” It could be that, “Hey, this is done in conjunction with our year-end audit, and they’re doing some other steps to look at some different things.” I mean, there’s a number of ways you can go about it to help mitigate any of that fallout.

Michael Blake: [00:29:36] Now, are there certain kinds of businesses that are more vulnerable or less vulnerable to fraud than others?

Randy Domigan: [00:29:48] Mike, just about every business could be susceptible to fraud. Now, if you do everything in your company, and you write all your checks, you take care of all the accounting, you ship all your merchandise out, you have nobody else involved in it, and you’re kind of a one-man shop, you probably don’t have to worry about too much fraud occurring within your organization. But as soon as you bring on somebody else, even if you’re a pretty small company, you have susceptibility.

Randy Domigan: [00:30:15] And, unfortunately, for smaller companies, they tend to have larger frauds occur because they do have maybe one person doing a lot of the different jobs that, typically, in larger organizations, they can move around to different people to help increase the controls around a lot of those key areas to try to mitigate fraud risk. But even with a small company, there are some very, very practical things that business owners can do to help mitigate the risk. And there’s a couple more things that might have to be added to their plate or even other employees’ plates, but it’s very easy to do without adding additional cost or headcount into even small organizations to help really mitigate fraud risk.

Michael Blake: [00:31:05] Well, that’s a great entrée then because I’m sure our listeners would like to understand, is there a short, kind of, punch list of things that owners can do fairly easily to reduce their exposure to fraud?

Randy Domigan: [00:31:23] Yeah, I would say that there’s definitely some things that they can do. I mean, where you see fraud that has gone rampant, it’s typically because there is very little oversight by the owner on any of the financial records. And it does happen a lot in small businesses. You have a business owner that is out trying to do sales, is out trying to make sure that if it’s a manufacturing that all the products are getting where it needs to go, the methods of distribution that they’re managing, shipping, and all those other different things. And the last thing that they want to have to worry about is, “Okay, who’s paying the bill? Then, did we get all the money collected from our customers?” and things like that.

Randy Domigan: [00:32:04] But when there’s no oversight there at all, that’s where the risk exponentially increases. And so, yes, there are definite things that business owners can do that would help mitigate that risk. And, again, it’s not a lot of additional time that they would have to spend in it, but some very simple things that you could go through. And, really, it just depends on each business. So, it can’t just be some blanket saying that, “Okay. Well, yeah, if everybody does this, that’s going to reduce your risk for fraud.” Yeah, there probably are a couple general things that you could do, but each company is just going to be real different because they’re going to have different levels of employees, different levels of knowledge, different facets within their business where they’ve got risk for fraud to occur. So, really needs to kind of be specific to each company when you look at it.

Michael Blake: [00:33:02] Right. Because the nature of the fraud that can occur is going to be different from a burger restaurant to, say, an auto dealership.

Randy Domigan: [00:33:09] Absolutely.

Michael Blake: [00:33:12] Okay. So, we’ve covered a lot of ground today. We probably could cover a lot more, but time is finite. So, if somebody wants to contact you for more information, can they do so? And if so, how can they find you?

Randy Domigan: [00:33:27] Absolutely. The best way to contact me is probably through e-mail. My email addresses is rdomigan@bradyware.com. And it’s R-D-O-M-I-G-A-N @ Bradyware.com. You can also contact me at my Dayton office. The number is 1-800-893-4283, or you can visit our website at www.bradyware.com, and you can go through the services link, you can find fraud there, and there’ll be a link directly to me on that website as well.

Michael Blake: [00:34:09] All right, very good. Well, that’s going to wrap it up for today’s program. I’d like to thank Randy Domigan of Brady Ware so much for joining us and sharing his expertise. We’ll be exploring a new topic each week, so please to tune in, so that when you’re faced with your next business decision, you have clear vision when making it. If you enjoyed this podcast, please consider leaving a review at your favorite podcast aggregator. It helps people find us, so that we can help them. Once again, this is Mike Blake. Our sponsor is Brady Ware & Company. And this has been the Decision Vision Podcast.

Tagged With: Dayton accounting, Dayton business advisory, Dayton CPA, Dayton CPA firm, Decision Vision, Decision Vision podcast, Decision Vision podcast series, financial statement audit, forensic accountant, fraud, healthcare fraud, Michael Blake, Mike Blake, payroll fraud, Randy Domigan, stolen money, Stolen Property

Decision Vision Episode 5: Should We Use Data Analytics in Our Business? – An Interview with Angela Culver, Mobile Labs, and Micky Long, Arketi Group

March 7, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 5: Should We Use Data Analytics in Our Business? - An Interview with Angela Culver, Mobile Labs, and Micky Long, Arketi Group
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Angela Culver, Micky Long, and Michael Blake

Should We Use Data Analytics in Our Business?

It’s a question for which all businesses should have an affirmative answer. Businesses large and small have all the means to collect and store significant amount of data on every aspect on their business. In this interview with Decision Vision host Michael Blake, Angela Culver and Micky Long argue that business success in coming years will be determined by a company’s ability to analyze the data they collect.

Angela Culver, Mobile Labs

Angela Culver

Angela Culver is the Chief Marketing Officer of Mobile Labs.  Since the first install in 2012, Mobile Labs remains the leading supplier of in-house mobile device clouds that connect remote, shared smartphones and tablets to Global 2000 mobile web, gaming, and app engineering teams. The company’s patented GigaFox™ is offered on-premises or hosted, and solves mobile device sharing and management challenges that arise during development, debugging, manual testing, and automated testing. A pre-installed and pre-configured Appium server with custom tools provides “instant on” Appium test automation. GigaFox enables scheduling, collaboration, user management, security, mobile DevOps, and continuous automated testing for mobility teams spread across the globe and can connect cloud devices to an industry-leading number of third-party tools such as XCode, Android Studio, and many commercial test automation tools. For more information please visit www.mobilelabsinc.com.

Micky Long, Arketi Group

Micky Long

Micky Long is Vice President and Practice Director, Lead Nurturing at Arketi Group. Arketi Group is a public relations and digital marketing firm that helps business-to-business technology organizations accelerate growth through intelligent strategy, public relations, messaging, branding and demand generation. Consistently recognized by Chief Marketer magazine as one of the nation’s “B2B Top Shops” and a “Chief Marketer 200” firm, Arketi helps its clients use marketing to generate revenue. Companies benefiting from this approach to B2B marketing include Cox, First Data, Featurespace, Mobile Labs, NCR and Snapfulfil. For more information, call 404-929-0091 ext. 210 or visit www.arketi.com.

Michael Blake, Brady Ware & Company

Mike Blake, Host of “Decision Vision”

Michael Blake is 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. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

He 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.

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 here. Decision Vision is produced and broadcast by Business RadioX®.

 

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show 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.

Michael Blake: [00:00:22] And welcome back to Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we will discuss the process of decision making on a different topic. Rather than making recommendations because everyone’s circumstances are different, we will talk to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:41] Hi. 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, which is where we are recording today. Brady Ware is sponsoring this podcast. If you like this podcast, please subscribe on your favorite podcast aggregator, and please consider leaving a review of the podcast as well.

Michael Blake: [00:01:06] And, today, we’re going to talk about making customer data analytics an integral part of your business. And this is a topic that, I think, we’re only, as a community, as an economy, scratching the surface of. American society sort of runs away from math. We kind of run away from numbers. We know what the educational data are out there in terms of our general math capability, but the fact of the matter is, now, if you’re running away from numbers, you’re running away from business. And like it or not, if you want to be successful, you’ve got to get comfortable with data analytics, with data collection, with data science.

Michael Blake: [00:01:52] But that’s an intimidating decision because what I’ve observed – and we have experts here that will say if this is right or not – people are having to fundamentally change how they are thinking about their businesses. They’re changing their business models based on data analytics, and they’ve had to move towards kind of a fact-based, scientifically-driven decision making process that the age of, sort of, the crusty executive that just flies by the seat of their pants and makes gut decisions, takes gut decisions on major points of interests or points of issue, that is rapidly disappearing. So, this is a very interesting topic, a very important topic, and one that I hope that you, as a listener, will listen to very carefully.

Michael Blake: [00:02:37] A little bit of data here. With predictions that by 2020, there will be 1.7 megabytes of data created for every person on earth every second. I’m old enough to remember one when all the data would fit on a half of a megabyte floppy disk. I still have a computer that does that. And now that that data is being created at that rapid rate, there’s no doubt that we’re in the age of data-driven business.

Michael Blake: [00:03:08] Businesses of all sizes, all markets, and all customer types simply must get a handle on the information generated by business transactions, internet behavior, and simple day-to-day activity. Those who understand and find ways to manage this endless and growing data flow will flourish. Those who don’t are destined to drown. And I couldn’t agree with that more.

Michael Blake: [00:03:30] We’re being joined by two guests today. Our first guest, not concurrently, but I’m just going left to right as I sort of see across the microphone, is Angela Culver. Since the first install in 2012, Mobile Labs remains the leading supplier of in-house mobile device clouds that connect remote shared smartphones and tablets to global 2000 mobile web gaming and app engineering teams.

Michael Blake: [00:03:55] The company’s patent of GigaFox is offered on premises or hosted and sells mobile device sharing and management challenges that arise during development, debugging manual testing and automated testing, a pre-installed and pre-configured IPM server with custom tools, provides instant-on IPM test automation. GigaFox enables scheduling, collaboration, user management, security, mobile dev ops, and continuous automated testing for mobility teams spread across the globe and can connect cloud devices to an industry-leading number of third-party tools such as Xcode, Android Studio, and many commercial test automation tools. Angela, thanks for joining us today.

Angela Culver: [00:04:35] Thank you.

Michael Blake: [00:04:36] We’re also being joined by Micky Long of Arketi Group. Arketi Group is a public relations and digital marketing firm that helps business-to-business technology organizations accelerate growth through intelligent strategy, public relations messaging, branding, and demand generation. Consistently recognized by Chief Marketer Magazine as one of the nation’s B2B Top Shops and a Chief Marketer 200 Firm, Arketi helps its clients use marketing to generate revenue. Companies benefiting from this approach to B2B marketing include Cox, FirstData, Featurespace, Mobile Labs, NCR, and Snapfulfil. Micky, thanks for joining us.

Micky Long: [00:05:14] You’re welcome. Glad to be here.

Michael Blake: [00:05:16] So, you guys are tag teaming today. You guys, obviously, had a relationship. Talk about that relationship. How did it start? How are you guys working together?

Micky Long: [00:05:26] You want to go first?

Angela Culver: [00:05:28] So, I actually inherited Arketi. I joined Mobile Labs about four months ago, and they were the agency of hire. I know one of the founders of Arketi. He’s been in my network for quite some time and was, actually, introduced to Mobile Labs through Mike Neumeier. I’m a data-driven marketer. Mike is all about numbers as well. He has built a practice, a marketing agency practice around that. So, there has definitely been synergy. I met Micky about four months ago. And we’ve had a great relationship. He is one of the drivers. I see him and his team as my extended marketing team, and they help me execute almost on daily tasks for what we need to get done.

Micky Long: [00:06:22] Yeah. As you say, we are a company that believes in the data. Everything we do is built around data. And having Angela at Mobile Labs has been really refreshing because with her approach, it really, really works much better than if you’re dealing with an organization that perhaps doesn’t have the same focus and commitment to making the data work for you.

Micky Long: [00:06:40] So, marketing has changed. Marketing over the years goes back to the way — I go back as far as to say I remember the days when marketing and advertising was built around I know that of every dollar I spend, I’m going to waste 50 cents of it, but I just don’t know which 50 cents. Well, those days are really gone. We have the tools, we have the data streams, we have all those things today that we can measure it. We just, now, have to figure out how to put it into practice and make it work.

Michael Blake: [00:07:05] Yeah, that’s a great point. So, I’ve heard that expression before. I mean, that’s just not acceptable anymore to say you’re going to waste 50% of your money, right?

Angela Culver: [00:07:14] Yeah.

Michael Blake: [00:07:14] But it wasn’t that long ago when that was sort of considered acceptable losses, right? But, now, for most well-run businesses, if you tell somebody, “Hey, look, I need $5000. We’ll do well to get 2500 bucks of value of.” You’ll be laughed at out of their office at this point, right?

Angela Culver: [00:07:33] Absolutely.

Michael Blake: [00:07:33] For most mature businesses, right?

Micky Long: [00:07:35] Right.

Michael Blake: [00:07:35] There are others, I’m sure, that haven’t gotten the program yet. So, where’s this data coming from? Data is hitting us from everywhere. I’ve got Amazon Echoes in my house, I’ve got a smart home, I’ve got cameras every place. Pretty much anybody on the planet who wants to know anything about my habits, they know it all, right. Where’s the data that you’re working with coming from?

Angela Culver: [00:08:03] So, we’re inundated with data. It truly is coming from all different sources. Everything that we do is tracked, essentially. My iRobot tracks and mops my house and becomes more intelligent on how it needs to vacuum my floors. Your Echo tracks your behaviors and delivers products to you that is more succinct with what you want.

Angela Culver: [00:08:38] It really is coming from everywhere. We are in a situation where we are living in a world, especially in business, where the mindset is the more data I have, the more I rule the world. And we’re about to take a bit of a shift with this. It’s no longer how much data you have. It’s how you use that data and why you’re using that data. And we’re starting to see that shift happen where our big data is just too big for us to manage and for us to actually use intelligently. And, now, we’ve got to focus on the quality of the data.

Micky Long: [00:09:17] It seems to me it’s kind of gotten to the point now there is so much data available. It’s like living in a library where all the books are in a foreign language.

Angela Culver: [00:09:25] Yes.

Michael Blake: [00:09:26] Right? And there’s so much of it that you cannot possibly use at all. And 20 years ago, companies would be begging for this kind of data. They thought they died and gone to whatever heaven it is they believe in. And, now, it’s an embarrassment of riches. They’re so much coming from all sides. Is it fair to say the first step is kind of wrestling that steer to the ground, and hog tying it, and just trying to organize it?

Micky Long: [00:09:56] I think you have to start with the goals of your own business. And this is where we see because we deal with a lot of companies helping them try to figure this out. And what we typically find is companies start at — Usually, they start at step two or three. And what is missing is the initial step of saying, “Okay, I’ve got all these data streams, but what from a business standpoint do I really want to accomplish with this? What can I do? What do I want to do? Assume I have everything, but what do I want to do?”

Micky Long: [00:10:22] And figure a plan based on that because once you have your strategy, then you can plug in what you’ve got. If you don’t do that, you go back to sort of just thrashing about. And we see a lot of thrashing. Companies have not really mastered that yet. That’s one of the things that we’re working with Angela is to figure out how the process is supposed to work. So, I think that’s the key. That’s the first step you’ve got to look at.

Michael Blake: [00:10:43] So, is there a particular kind of data that you find is the most often overlooked? There’s just a goldmine sitting right there in front of people. They just walk by it every day, not realizing they’re walking past a goldmine.

Angela Culver: [00:10:55] Yes. So, especially in B2B, one of the most overlooked data sources or types of data is emotional and behavior data. From a marketer, we all buy from people. We buy products. And for the longest time in B2B, there was a sense that there was no emotion in the buy. There’s always emotion in the buy because you are buying into a relationship with another organization, and you’ve got an entry point of the person.

Angela Culver: [00:11:28] Tracking that type of information, it’s been difficult. It’s much like unstructured data. We’re inundated today with unstructured data. Figuring out how to manage it is a bit reminisce of about 20 years ago, 15-20 years ago, of how you manage transactional data. Everybody wanted very structured data, non-changing. It stayed essentially in its format and didn’t it morph into something else like transactional data. And, now, we’re looking at that in an unstructured data. But within the unstructured data, the gold mine is understanding how to use the emotional behavior components.

Michael Blake: [00:12:17] All right. So, you said something really cool I want to come back to because I think there’s a very important vocabulary point, but this notion of of emotional data is really fascinating. And I’m in finance, and emotions have finally worked its way into what I do. It’s called behavioral economics or behavioral finance where academics and I are asking, “Well, what if everybody doesn’t make the right decision all the time?” Well, we never thought of that. Well, let’s start thinking about that.

Michael Blake: [00:12:43] Is emotional data, is it as simple as, “It’s 10:00 at night, and I stress eat, so I know I’m going to Taco Bell,” or is it, “I’m more likely to make impulse purchase because I’m depressed or I’m an insomniac. I’m up 2:30 in the morning watching QVC or Home Shopping Network”? Is it as simple as that or is it — Where else does that kind of show up?

Micky Long: [00:13:07] From my perspective, one of the things that is really interesting is you, now, with the tools and the ability, you have the ability to track behavior enough that I’ll eventually know more about you than you know about yourself. So, I know what behavior you take. And we often tell people, and this is somewhat overlooked when you’re looking at just crunching the numbers, if you want to find out what people are about sometimes, one of the easiest ways to is to ask them because from a behavioral standpoint, they’ll tell you. If you ask the right questions, they’ll tell you.

Micky Long: [00:13:35] A lot of companies we work with will do why they won analysis of sales, but what they don’t do is they don’t do the loss sale analysis. They don’t say, “Why did somebody either did not buy my product in favor of somebody else’s or just not buy anything at all?” And knowing that information to balance that scale is critical if you want to drive additional sales from learning what the behavior was that was going on in your prospect’s mind when they made the purchase decision, or they didn’t make a purchase decision.

Michael Blake: [00:14:02] And that requires behavioral changes of itself, right, because a big part of what I do is in sales, and learning a new engagement candidly is an endorphin rush. I like it. I never thought I’d enjoy sales as much as I do because I’m a natural introvert. My wife always says if they ever do a Mars mission, I’m going to be first one. Like I’m going to be a tin can with no way to talk to for seven months.

Angela Culver: [00:14:28] Yeah.

Michael Blake: [00:14:28] I am in. Radiation be damned, but that on the other side, it’s human nature to focus on the positive. But as Bill Gates is famous for saying, “Success is a lousy teacher. It’s learning from the places where you failed,” but that’s hard to do. So [crosstalk].

Micky Long: [00:14:45] I think, you learn more about it from why you failed if you really look at it that way because, again, we all believe that what we’re selling is wonderful, and it solves a problem for people, and what have you, and everybody should buy it, but not everybody does. So, learning why they didn’t is really the key thing. To me, that’s the most interesting data points that you can pull out of things. And, now, with the tools we have, we don’t have to do a one-to-one conversation each time. The behavior is out there for us to kind of measure and pull together. And it makes it much easier.

Michael Blake: [00:15:16] But, as a company or as a decision maker, you’ve got to have the courage to dive into the failure.

Angela Culver: [00:15:23] Absolutely.

Michael Blake: [00:15:23] And I think, Angela, you’ve told me stories about that with people that have basically made that kind of change in terms of their attitudes and approaches to things that it really drives it.

Angela Culver: [00:15:34] Yes. Emotional type of data can be seen as abstract. And I’ve learned over the years, I started off my career in technology and business intelligence, BI tools. And I went through the dot com boom, and then immediately the bust. And I realized very quickly that in order to keep my job, I had to become a data scientist. And then, I had to teach my team and my customers how to be that as well. One thing I realized is that marketing has really started taking this shift.

Angela Culver: [00:16:10] I seem to take it probably a little earlier than most folks, but, now, everyone needs to be a data scientist in marketing. And I use the scientific, basically, approach. I create a hypothesis, I formulate what my end result is going to be, I use math to manage and monitor that result that I’m anticipating. And with emotional behavior data, you’ve got to do the same thing. You’ve got to understand how you’re going to use it to make business decisions, and you’ve got to put a stake in the ground to start with. I find that a lot of people find this intimidating initially until they start working through this process. And it is all about a process, putting a process in place.

Michael Blake: [00:17:02] So, you mentioned something a little while back, but I think it’s important vocabulary, structured versus unstructured data.

Angela Culver: [00:17:09] Yes.

Michael Blake: [00:17:09] What does that mean? What is the difference?

Angela Culver: [00:17:11] So, unstructured data would be e-mail, or Slack messages, or Instagram feeds, or video content where you’re — I’m going to throw another word out there, where you’re managing it through metadata, which is essentially data about data. You’re giving a description. But the core information content is not in a table column field format that’s easy to search on. You’re doing more of a, I would say, free-form find and search.

Micky Long: [00:17:52] And the tools are getting better. And there’s a lot of the — We’re starting to see the prominence of artificial intelligence coming into data management and things like that that are giving us the ability to sort of go after this unstructured data and start to pull it together in ways that we didn’t have before. But it’s still early stage on that. But it’s a matter — You still have to do both because there’s a lot of unstructured data that factors into the process that you’ve got to consider.

Michael Blake: [00:18:15] And that unstructured data has a lot of really cool stuff. It’s harder to use because it’s unstructured. But like so many things, the thing that’s most valuable requires the most effort to monetize. So, yeah, I suspect almost anybody who’s listening to this podcast has read an article, Harvard Business Review, McKinsey Quarterly, whatever it is, you got to get on data. You got to get on data. Does that apply to any sized company? Like if I’m a small, three-person, graphic design shop, do I need to get on top of data, or is this something that only applies to the NCRs of the world, the Coxes of the world, and so forth?

Angela Culver: [00:19:02] Yes. Everybody needs to have an understanding of their data. You’re not too small. You’re definitely not too big. The biggest challenge I’ve seen over the course of my career is that companies start too late. They start during a growth acceleration period. And at that point, they don’t have the historical data captured to help them make decisions to properly forecast on growth. How many leads they need to have? How many leads turn into sales opportunities that, then, turn into closed one? They’re having to back step, and capture the data, and hoping that their intuition is going to guide them in the right direction while they’re going through growth acceleration.

Angela Culver: [00:19:50] So, I believe you start the minute that you open your company doors. Do you have to have so much sophisticated technology? No. You can start with a spreadsheet, but you have to have a plan. That’s the number one thing that you have to go to the table with is having a data management plan. And you need to be looking at where you need to go two quarters from now, but also a year from now, versus five years, so that you can grow and manage your data strategy according to the company growth.

Michael Blake: [00:20:27] It’s a whole lot easier when you’re small.

Angela Culver: [00:20:29] Yeah.

Micky Long: [00:20:30] Yeah.

Michael Blake: [00:20:30] … than when you get bigger.

Micky Long: [00:20:30] That’s right. It really is. And so, if you get the right things, it’s like a lot of other things, if you set the discipline up on the early stage, and you put the processes in place that are going to drive it, it’s a whole lot easier than trying to come back and backfill as Angela mentioned when you get larger or when you’re going through a growth stage. That’s a challenge.

Michael Blake: [00:20:50] I don’t know this for sure, but it makes intuitive sense. As you grow the data inflows become exponentially greater, right? And it’s just it’s harder to wrestle that loose firehose off the ground and do something with it. You haven’t developed habits. And then, I’m guessing, I do a lot of work with startups, when you do hit that high growth, when you haven’t put in that discipline of data analytics yet, it’s hard to kind of stop and make yourself do that when you have five prospects wanting to get a proposal right away, right?

Angela Culver: [00:21:22] Absolutely.

Michael Blake: [00:21:22] And the next thing you know, it just never gets done. Until then, it becomes such a big problem you can never tackle, right?

Micky Long: [00:21:27] Yeah. Let me give you a really, really quick example of what you were just talking about. A lot of companies spend a good bit of time trying to make sure they capture their information about prospects into a program like Salesforce. If they don’t have the discipline set up on the early stage to identify, “How are we going to manage the titles of these prospects that we’re using or the functions of these prospects?” and they allow that to go on for a while, you could end up-

Michael Blake: [00:21:54] We had a client, for example, and a couple of years back that will remain nameless that when we went in to try to find out how to segment to do a better job of marketing, they had 375 different types of titles in their Salesforce program because they never forced their salespeople to consolidate. So, if I was the vice president of stuff in my organization, that’s what went into Salesforce. But the vice president of stuff is not really something that you could really sort on.

Micky Long: [00:22:24] So, the reality is as it gets larger, and as your database gets larger, this company had 100,000 people in their database when we started to look at this. It was a phenomenal problem, a very expensive problem to fix. So, if you start early, and put the discipline process in place early, when you have 25 people or 100 people, it’s a whole lot easier to deal with.

Michael Blake: [00:22:45] Yeah. Our firm is a case study as well. We’re starting to go back now and trying to understand basic things about our clients. What industries are they in? And can we associate them with [makes] codes, so we can start doing some kind of categorization, and some geographic analysis, and income levels, very basic stuff.

Michael Blake: [00:23:05] But we’ve been in business 60 years. The easiest thing to do is to cache that stuff and make people put that on the client intake form. But then, you try to go back and capture. You’re trying to ask a partner who’s building it 400 bucks an hour, and it’s busy tax season. Like, “Hey, can you verify these 80 different clients?” Like, “No, I can’t. I mean, I understand you need this data, but I’m not going to tell — which client do I tell their tax return doesn’t get filed because I’ve responded to your data request.” It’s because 65 years ago, nobody thought about this. But, now, we have to go back. It does become 10 times harder.

Michael Blake: [00:23:42] But let’s say you do have a clean slate, and start a company called Donut Shop. What’s the most — What are the pitfalls or how do I get started? Sorry, this. How do I get started doing that, right? I think about data, open the door day one. What’s my to-do list?

Angela Culver: [00:24:04] So, I always advise people to start with the company goals. What are your company goals? What are you trying to achieve within this first calendar year? And then, how do you need to make those decisions whether it’s successful, failure, or neutral? And then, from there, start building an alignment with the type of data that you need to help you manage to those goals.

Angela Culver: [00:24:35] Data is not the only thing that you’re using as a resource, but it should be one that allows you to create predictability. Most of our data is still historical. So, if you’re just starting, then you really need to identify your company goals, so that you can start mapping. And a lot of times, I advise people to start with a free technology. Start with a spreadsheet and just start identifying some of those metrics that will help you move towards that.

Angela Culver: [00:25:09] Being in marketing, I focus more on that. So, I’m looking at, what is it going to cost me to acquire a customer? What’s my cost per lead? What are my retention rates? How many products am I selling by month, by quarter? Do I have any slow periods? What is the actual selling price on average, and the time for payback as well? Not just marketing but overall cost of the company. Those are some fundamentals that I look at initially. As you drill down, you’ll see that you have website metrics that roll up to that. You’ll have advertising metrics that roll up to that. But it all starts with company goals. Micky, what do you think?

Micky Long: [00:25:59] Yeah, you have to have them. And the other part of this is you can’t go too far too fast. What I mean by that is you have to — I would say the way I would put it is you have to figure out the appetite of your company for this because if you try to bite off too much and go way down the path, you’re not going to win. You’re not going to be able to do it, and you get frustrated, and somebody’s going to throw up their hands and say, “Well, that was a wasted exercise.” And it isn’t. It’s just that you tried to do too much. So, the idea of having a plan based on your business goals and taking steps along the way, so you create milestones is really the way to sort of do it in stages, so that you’re not trying to eat the elephant all at one time. So, that’s an important consideration.

Michael Blake: [00:26:40] So, there’s something to be said about being incremental and that-

Angela Culver: [00:26:42] Yes.

Micky Long: [00:26:42] Absolutely, absolutely.

Michael Blake: [00:26:43] Otherwise, you’re so intimidating, like, “Yeah.” You’re just sort of-.

Micky Long: [00:26:44] And if you try to do too much too fast, this is where you run into problems with something that nobody from the marketing side, anyway, wants to hear about, which is the data quality issues. So, that’s a real problem for clients now, for companies that are trying to deal with this because as the data flow comes in, and this data gets into their systems, if it’s not set up right the first way, if it’s not cleaned regularly, what you’re going to end up with is the dirty data issue, which costs companies millions of dollars to sort of struggle through. And that’s a big problem that it’s out there because if you run it too fast, you’re not going to have the discipline to sort of figure it out.

Micky Long: [00:27:22] So, I could be in your system as Micky Long, Micky L. Long, M. Long, or something else, and how do you know it’s all the same person? So, if you don’t have those things figured out, the tools and the processes, you’re not going to get there. So, you really have to make sure that you put the emphasis on ensuring that the data that you have in your system is clean. That’s a big consideration.

Michael Blake: [00:27:44] And the data collection itself, I think, to a degree, needs to be non-intrusive too, right? I’m old enough to remember RadioShack. And RadioShack used to be able to get cool stuff. I want to fix my TV, I want to get a remote-controlled car, you go to RadioShack. But, golly, the thing I always dreaded was that they would insist on taking my phone number every time I went in. Every time, which meant they took it. So, they wanted it, presumably, to know the geographic distribution of their customers, but they never hung onto it. There’s nothing — And, I think, the technology is not available that there is a central database to which they could connect, right?

Michael Blake: [00:28:30] If you think about it, if we had that barrier to kind of mechanically cough up our data every time we bought something, we’d never buy anything. We’d all live on some sort of agricultural economy and just share things with each other because the time costs of going into Kroger, and share, and getting our blood drawn is just not worth it, right?

Angela Culver: [00:28:49] Yeah.

Micky Long: [00:28:50] But the reality of that is I often had this this conversation with my kids, there is more data about you, and there are more people out there that know more about you than you’ll ever imagine. So, we’ve given up a lot of our data freedom, if you will, because of the exchanges we made. So, the reality in my mind is it’s there. Why can’t companies put it together and make sense of it? So, why can’t I walk into a Publix or a Kroger, and as I’m walking down the aisle with my mobile phone, have them immediately start feeding me offers about the dog food that I bought last time I was in the store or the competitor’s dog food with a special opportunity to try it?

Michael Blake: [00:29:29] All of that exists. All of that data is there at all of the stores. This is what Angela’s company does is help companies with these mobile applications. So, the applications are there. The data streams are there. Why haven’t they put it together? That’s, I guess, the big question is, why haven’t they figured out how to join A to B to create a really strong environment? Because they build better customer interactions that way, along with higher revenue.

Michael Blake: [00:29:54] Is part of it because maybe the data tools themselves are just prohibitively expensive, intimidating?

Angela Culver: [00:30:01] So, intimidation is probably one key. So, if we just look at MarTech alone, in 2018, there were over 8000 types of technology in this space. So, if you look at the Loomis Escape, you need a magnifying glass to actually see the logos now on the sheet. About five years ago, I think, we were at about 600 companies. So, the space has grown considerably. So, there’s more options than you know what to do with.

Angela Culver: [00:30:33] And a lot of companies start with, “Okay. I’ve got this huge dataset. I know I have all the answers in this dataset. So, I need to run out and buy the technology to support that, and be able to mine it, and digest it.” The problem is they start with the how. They go out and buy this complex system, multiple systems, integrated together, but they never really understand why they’re doing it and what they’re trying to solve for.

Angela Culver: [00:31:03] So, they put in these systems. They’ve got the technology to find the answer, but they don’t know what the answer they’re looking for. So then, they start breaking it apart and going backwards. So, we see this shift in companies quite a bit just because they didn’t start with the plan initially to figure out what they wanted. So, if I went into a grocery store, and they had an aisle that said, “Angela, here’s all the products you want. And this is what you typically buy,” or they packed my bags for me, they have all that information, and they could manage that if they wanted to create that type of a customer experience for their customers.

Micky Long: [00:31:50] Amazon’s doing it. You look at what Amazon does. When you go to Amazon, you buy something from Amazon. And so, for the next lifetime, you’re going to get recommendations from Amazon based on the products you’re buying. So, they’re using that same kind of technology with the data from previous sales to give you a better user experience. And that’s what it’s all about is trying to make the user feel more comfortable, more personal, and more engaged with the brand of the company.

Micky Long: [00:32:14] And that goes across, I think, companies from the three-person company that starting out as a very boutique-oriented company to a large organization. It’s trying to just keep things going in the middle of the road. So, whether you’re large or small, you really want to build that brand. So, it’s all about customer experience.

Michael Blake: [00:32:32] Now, there’s the tool out there. And that makes sense. I mean, if you have a mismatch tools, it’s like buying a Tesla. And then, all of a sudden, realizing you really like to do off-road stuff, and you think it’s the Tesla’s fault, right.

Angela Culver: [00:32:45] yeah.

Michael Blake: [00:32:46] Well, it’s not. You just you didn’t buy a truck. So, the other side of the coin is the skills, right?

Angela Culver: [00:32:54] Right.

Michael Blake: [00:32:54] Not everybody has taken a course in statistics. And many who did like me 20 years ago in my MBA diploma’s in a caved wall in France someplace, I don’t necessarily remember it. How do you get up to speed or how do you hire for that, find somebody that can make sense of that data and interpret it in a way that becomes useful business information?

Angela Culver: [00:33:16] So, when I’m hiring someone into a marketing operations role, which is traditionally where my data scientists, or analytics person or persons would sit, I am looking for someone that has a science and math mind, and they have a natural curiosity to solve problems with numbers. They’re usually linear in thought, but they’re very flexible to creative ideas. So, they’re a bit different than a financial person that you would see doing accounting or working in the finance department. But I found if — I have discovered that if I find someone that has a knack for science and really likes math, then they can learn the technology and be successful in this job.

Micky Long: [00:34:12] I think, you got to find somebody — Forgive the term. You have to find some that’s a little geeky, somebody that really gets excited over data, the kind of person that kind of runs out of their office and says, “Look what I found,” when they put these two things together, but they really have to I think have a passion for it because if you really want to see what the insights are, you’re looking for something, as you said for that, you want that curiosity, that deep curiosity that says, “If I put A and B together with 1 and 4, what I’m going to show you is this is something you never thought of before, and this is going to help drive our business in a different direction or a different way.”.

Micky Long: [00:34:43] To me, that’s nirvana. That’s what you really want to get out of this is to be able to take these things together in ways people haven’t thought of and say. “That’s going to put us in a new direction. That’s going to really, really light some fires under the sales team to get some high revenue coming in.” And it happens every day. You just have to have the right people.

Michael Blake: [00:35:00] And that sounds a lot like what Angela was describing in terms of that like hybrid of flexibility and linearity. You need the flexibility and creativity to ask the right questions, but then the linearity to answer the question in a process-driven way-

Angela Culver: [00:35:13] Absolutely.

Michael Blake: [00:35:14] … so, that the statistics are meaningful? right?

Angela Culver: [00:35:16] Yes.

Michael Blake: [00:35:16] If we don’t do that, then you get gobbledygook basically.

Micky Long: [00:35:19] Right.

Michael Blake: [00:35:24] What do most companies miss? What are companies most missing out on in data management? What do you think is the most frequent opportunity or biggest opportunity they’re missing out on?

Angela Culver: [00:35:33] I think to go back to when they get started, I think that is a miss that I see quite a bit in a lot of companies where they’re starting too late. They don’t set it as a priority earlier in the business when it can have a huge impact. They’re not treating data as an asset from day one. And that’s a potential mess.

Micky Long: [00:36:02] Yeah. I see two things. Number one, they take the approach that’s incorrect, which is that this is a marathon, it’s not a sprint. You have to be able to do this and have the discipline to do this over the long haul, and not do this as, “Oh, let’s try this for a couple of months. And if it doesn’t quite work, we’ll go back and do something else.” That’s one thing.

Micky Long: [00:36:18] And the other thing is it’s not a marketing exercise for the most part, it’s a revenue exercise, which means you can’t just sort of take the data streams coming in and say, “That’s the prevalence of the marketing organization.” You’ve got to join marketing and sales together for this thing to really work. And that’s something that is still a challenge.

Micky Long: [00:36:36] I remember back in the day when marketing automation tools first started. It was supposed to be the answer to all of our prayers. It was going to be marketing and sales were now, finally, going to get together, and sing Kumbaya around the campfire, and we’re all going to do everything together. And we’re still trying to put marketing and sales people together. And it’s been at least 10 years since that started. So, why has that not happened? It’s because we still have issues. They’re the people issues. They’re not tool issues.

Micky Long: [00:37:00] So, the reality of it is you’ve got to look at this thing holistically and say, “It’s a business issue, not so much that.” So, that’s what people miss, in my mind, that are big things that they don’t look at. It’s the integration.

Michael Blake: [00:37:10] So, do you have a favorite data success story, something really wonderful, spectacular you’ve found that you just did not expect to find in a data exercise?

Angela Culver: [00:37:20] I have two actually. I was working for a company a few years back, and part of what I was hired to do was to increase the brand equity of the company in a relatively short period of time. And when I got into the company, the brand colors were predominantly green and red. And after looking at the customer base, I realized that 80% were male, most of them were between the age of 35 to 50, and 1:10 were color blind, red/green colorblind. So-

Michael Blake: [00:37:59] Oh, yeah. I’ve heard of that statistic. Yeah.

Angela Culver: [00:38:00] Yeah. So, our ads, the call to action were either highlighted in red or green. And the company was losing almost a half a million dollars in advertising cost due to the end user not being able to see the call to action. So, I went into the leadership team, said, “We need to change the brand colors,” presented my data, and within seconds had the approval to change the brand colors. I changed from red/green to essentially green/yellow, citron. And we immediately saw an uptick in the brand value. We went from about 16% to a 25%, which is unheard of, especially with a tech company. So, I wouldn’t have been able to do that without the data.

Micky Long: [00:39:03] So, I can give you one that’s a really simple one hasn’t having to do with database size and the quality of data we talked about before. I had a client that had a base of 100,000 people, and they were doing the classic marketing e-mails and things like that to try to get them in place, and they were having miserable returns, miserable e-mail open rates, and all those statistics you look at. So, what we did was we started doing an analysis. And what we found was there was a large group of these 100,000 that had never opened an email, had never engaged with it, and had never done anything for them.

Michael Blake: [00:39:36] So, what we tried was something very revolutionary for that company, which is we said, “Let’s ignore that 75,000 people in your database that have never touched anything. Just don’t send e-mail to them. Don’t think about them when you’re crafting your messages, and concentrate only on that smaller group, and really refine that smaller group to see what we could do.”.

Michael Blake: [00:39:56] And as you might expect, what’s happening is the company is now seeing a tremendous return on the investment against that smaller group of people. And, now, with better messages and better approaches, they can start to expand out to other people that are like that. And the 75,000 that never did anything, they still sit there, and we don’t do anything with them.

Michael Blake: [00:40:14] So, the reality is it’s a matter of concentrating on the people that are likely to do something and ignore the ones that don’t. And I would predict that most companies, if not all companies, have that same situation in place.

Angela Culver: [00:40:25] We have been dealing with email within our support group. We track at mobile apps, all our support tickets. And we actually get a little worried if we’re not receiving support tickets from our customers because, typically, they’re not using the product daily. One set of support tickets we’ve realized has helped us educate and improve the functionality of the product. So, within our product, we use iPads, telephones, mobile devices. They come in at all different versions. So, you’ll have an iPhone 6, an iPhone 8, and they’re plugged in 24 hours a day.

Angela Culver: [00:41:15] After a certain period of time, you will start seeing battery bloating. And it will slow down the performance of actually testing a mobile application on one of those devices. So, through our support tickets, we started seeing that customers were complaining about battery bloating. So, we actually started sending out information in advance. We knew if they were a customer for six months, and that they were constantly plugged in, that they were most likely going to start seeing deterioration of devices. And we’ve been able to counterattack that through putting out more educational information through emails; where in the past, we would send out promotional materials and emails, and they weren’t getting it, they didn’t want it, but this educational material is actually helping them improve the performance of the product overall. And in the end, it has an impact on retention rates, customer churn. So-

Michael Blake: [00:42:14] Sure, it makes sense. So, okay. So, we’ve talked through a lot of topics here. Some of our listeners are thinking, “Okay, I’m sold. I got to make data part of my business,” where do they start? What’s the what’s the first thing on their to do-list?

Angela Culver: [00:42:32] Start with the goals, set realistic expectations. So, like what Micky has said, you don’t want to try to boil the ocean. Start with what your company can tolerate. So, understanding that if you’re going to set up a marketing data hub, and you need to utilize sales information, understand what the tolerances from your sales team. Putting over 50 required fields in Salesforce for them to fill out every time they have a prospect come in probably might be over their risk tolerance or their ability to handle that initially. Maybe start with five fields if you’re just starting to input data and utilize data. So, setting up expectations would definitely and setting goals would be my first.

Micky Long: [00:43:34] Mine would be just do it. Just stop talking about it, stop thinking about it, stop reading about it. Just go do something because even if the first thing you do isn’t 100% correct, it’s going to get you further than if you just start reading whitepapers about, “Look, I get this data under control.” And that’s what we see is just that inertia is what stops a lot of people because they start looking at all the downsides to it. Just go do it is really what I would recommend.

Michael Blake: [00:44:00] Just rip the Band-Aid off.

Micky Long: [00:44:01] Just rip the Band-Aid off and just go for it.

Michael Blake: [00:44:04] Okay. So, all right. So, again, a lot to unpack here. We’ve only scratched the surface. We could easily make this a three-hour podcast, but not everybody would listen for three hours. So, if somebody wants to learn more, can they contact you and ask you some questions?

Angela Culver: [00:44:21] Absolutely.

Michael Blake: [00:44:21] Would that be okay?

Micky Long: [00:44:21] Sure.

Michael Blake: [00:44:21] So, Angela, why don’t you go first? If somebody wants to ask you about your experience with this, ask you some advice, how would they contact you?

Angela Culver: [00:44:28] So, you can definitely contact me via LinkedIn. That’s my name, Angela Culver, Mobile Labs. Also, my email, angela.culver@mobilelabsinc.com.

Micky Long: [00:44:41] And likewise, my LinkedIn profile is out there for prevalence. And my email is really, really simple. It’s mlong@arketi.com.

Michael Blake: [00:44:53] Okay. Gone are the days, the long strings with nine different numbers behind the at symbol, right? So, thank goodness for that. That’s going to wrap it up for today’s program. I’d like to thank Angela Culver and Mickey Long from Mobile Labs and Arketi Group respectively so much for joining us and sharing their expertise with us.

Michael Blake: [00:45:13] 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. Again, if you enjoy this podcast, please consider leaving a review with your favorite podcast aggregator. It helps people find us, so that we can help them. Once again, this is Mike Blake. Our sponsor is Brady Ware &c Company. And this has been the Decision Vision Podcast.

Tagged With: customer data, customer data analytics, data analytics, data collection, data flow, Data Management, data science, Dayton accounting, Dayton business advisory, Dayton CPA, Dayton CPA firm, marketing, mobile applications, mobile devices, stored data, structured data, unstructured data

Decision Vision Episode 3: Should Our Firm Have an App? – An Interview with Scott Burkett, Incursus

February 21, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 3: Should Our Firm Have an App? - An Interview with Scott Burkett, Incursus
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Scott Burkett and Michael Blake

Should Our Firm Have an App?

Michael Blake, Director of Brady Ware & Company and Host of the Decision Vision podcast, interviews Scott Burkett on the decision process for building an app, understanding the business problems an app will solve, working with an app developer, and more.

Scott Burkett, Incursus

Scott Burkett is the Founder & CEO of Incursus.

Demonstrating a passion and commitment to quality and process improvement, Scott holds a certification in Six Sigma, and is a former director on the Board of the Carnegie-Mellon sponsored Software Process Improvement Network (SPIN). He played an instrumental role in a key client (AT&T Universal Card Services) winning the Malcolm Baldrige National Quality Award, as well as a 2,000+ person consulting firm achieving Ford Motor Company’s Q1 Quality Certification. An original contributor to the Linux kernel, Scott co-authored The Linux Programmer’s Guide, The New Linux Book, and Linux Programming Whitepapers. He was also a key contributor to the now legendary comp.lang.c USENET group.

Scott has been featured, quoted, or published in Money Magazine, The Wall Street Journal, Computerworld, TechJournal South, Datamation, WebSmith Magazine, The Linux Journal, and TechLINKS. He has been featured as a lecturer/speaker at events sponsored by such organizations as Georgia Institute of Technology (Georgia Tech), The University of Georgia, ATDC, Draper-Fisher Jurveston, NASAGA, APRA, ACPI, The Kettering Executive Network, ExecuNet, 400 Technology Connection, and i-Compass.

Incursus, Inc. is a boutique creative-design and open-source software solutions studio headquartered in Atlanta, Georgia. In short, “We Create Thingz®,” as they like to say! The Incursus team focuses on four key areas: creative design, custom application development, managed cloud services, and technical due diligence. Additionally, they have a program for startup companies aimed to help them affordably satisfy their technology needs.

They do not aspire to be the biggest provider of these services in the world. They simply aim to be the best. Period.

The Latin word Incursus — which can be translated into “raid”, “attack”, or “invasion” — represents their attitude towards their work — with swift forward movement into projects to get them done efficiently with skill and finesse.

Michael Blake, Brady Ware & Company

Michael Blake is 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. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

He 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.

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 here. Decision Vision is produced and broadcast by Business RadioX®.

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show Transcript:

Intro: [00:00:02] 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.

Michael Blake: [00:00:22] And welcome to Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we’re discussing the process of making decisions on a different topic, rather than making recommendations because everyone’s circumstances are different. We will talk it to subject matter experts about how they would recommend thinking about that decision.

Michael Blake: [00:00:40] 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, which is where we are recording today. Brady Ware is sponsoring this podcast. If you like this podcast, please subscribe on iTunes, and please consider leaving a review of the podcast as well.

Michael Blake: [00:01:02] So, today we’re going to talk about building an app, and not just the process of building an app. We, probably, won’t talk a lot about the process at all, but rather a decision of getting an app. So, lots of companies, now, are thinking that they’re kind of left out. They’re not in the cool kids club anymore if they don’t have an app. And so, everybody kind of wants one. But is that really the right — Is that the right decision? Is that the right place to put management time? Is that the right place to make investment? And is it really all it’s cracked up to be?

Michael Blake: [00:01:34] So, how do we go about making that decision? And to help us with that decision, I’ve invited my good friend, Scott Burkett. Scott is a 30-year veteran of the technology industry. He’s the Founder and Chief Executive Officer of Incursus Inc., a boutique creative design and open source software solutions studio headquartered in Atlanta. Incursus focuses on four key areas: creative design, custom application development, managed cloud services, and technical due diligence. Team Incursus, also, recently launched ticketburner.com, a web-based platform that focuses on customer service delivery by helping companies automate their business processes.

Michael Blake: [00:02:14] Prior to founding Incursus and TicketBurner, Scott served as a Chief Technology Officer for several companies, including MFG.com and Apto Solutions. Scott was also the founder of wwetcanvas.com, a large online community for visual artists, which is now owned by F+W Publishing, one of the largest privately-owned media groups in the country. Additionally, Scott has been very involved in the Atlanta area startup community for the past 15 years and was a Co-Founder of startuplounge.com, one of the early advocates for fast-growth entrepreneurship in the southeast. So, it’s my great pleasure to welcome to the program and recently released from prison-

Scott Burkett: [00:02:52] That’s right.

Michael Blake: [00:02:52] … Scott Burkett.

Scott Burkett: [00:02:53] Thank you. Thanks for — Thanks for being here, Mike.

Michael Blake: [00:02:56] Well, I’m [crosstalk].

Scott Burkett: [00:02:56] But the StartupLounge is here when we had our podcast.

Michael Blake: [00:02:59] This is sort of a role reversal. We did that podcast, you sort of drove this, and I was the foil. So-

Scott Burkett: [00:03:04] Well, that’s okay.

Michael Blake: [00:03:06] How does it feel to be Dean Martin now?

Scott Burkett: [00:03:08] Weird. I’m like Dean Martin without the drink.

Michael Blake: [00:03:11] Well, if you say so.

Scott Burkett: [00:03:13] Yeah, exactly.

Michael Blake: [00:03:15] So, let’s talk about, even the word “app” is kind of a new term in the English language, right?

Scott Burkett: [00:03:20] Right, yeah.

Michael Blake: [00:03:20] So, let’s make sure we have the right vocabulary when we start. What is an app? And when you think of an app or one of your clients thinks of an app, what are we talking about here?

Scott Burkett: [00:03:28] Well, generally speaking, when you hear someone use the word “app,” they tend to be referring to mobile devices, right. Your smartphone, download this app, download that app, or whatever, or maybe even your tablet or something like that. But I’m a software engineer by trade, so it kind of irks me when I hear app only being used that way. A lot of folks will refer to an app that way, but an app can be anything. It can be a web-based software product. It can be a desktop app, an application for your desktop. So, it’s a pretty broad term, but, yeah, it tends to get more love on the mobile side these days.

Michael Blake: [00:04:03] And so, is that where that’s now headed? Is every app a mobile app, or-

Scott Burkett: [00:04:07] No, not at all.

Michael Blake: [00:04:08] … do you see that there’s not an end for apps on a more conventional sense?

Scott Burkett: [00:04:11] I think, it’s hard to argue that the growth of mobile hasn’t played a role in this, right. I mean, there’s more mobile devices, phones, laptops, whatever, tablets than there are desktops. Just people aren’t buying desktop. They’d rather buy a smartphone and a tablet than buy a desktop. Unlike I’m a hardcore gamer, as you are as well.

Michael Blake: [00:04:31] You’re more of a game historian, I think, at this point. It’s true.

Scott Burkett: [00:04:34] But I still play them.

Michael Blake: [00:04:35] Long live Atari, baby.

Scott Burkett: [00:04:36] Exactly, but I’ll still have a high-end gaming rig at home and use desktop stuff, but most of the work that we do is on laptops or mobile devices these days. So, that’s a big shift.

Michael Blake: [00:04:48] So, when somebody comes to you and says, “We think we want to have an app for our company,” did you kind of walk them through the process? Is that the right path for them to go? Or how do you find the clients who are thinking about that? What does that decision tree look like?

Scott Burkett: [00:05:04] Well, it’s complicated because every situation is different, right. The first thing that we try to do at Incursus is dig into what the business problem is they’re trying to solve with it, right. We were talking at lunch here earlier about the cool factor behind apps. And that’s certainly out there, but the reality is 99.9% of our clients are going to come to us and say, “We need to build something to solve this particular set of problems.” And it could be to extend a web application to the mobile device, or it could be just greenfield app itself on a mobile device.

Scott Burkett: [00:05:37] So, you want to understand those business problems, right. And once those things line up, then you can kind of dive into what’s the next step. How do we prioritize these? How do we dig into them? And to make sure that their understanding of what a return on that investment is going to be is the same as your understanding of it because, at the end of the day, it has to drive some sort of value and trying to put that-

Michael Blake: [00:05:57] You’d like to [crosstalk]-

Scott Burkett: [00:05:58] Yeah, back to the-

Michael Blake: [00:05:59] Although it is cool just to have my logo on my phone.

Scott Burkett: [00:06:02] You have the light saber app, don’t you?

Michael Blake: [00:06:03] I do.

Scott Burkett: [00:06:04] I do, yeah. Hey, it’s at sword fight mode. We could actually-

Michael Blake: [00:06:06] We could, but it doesn’t work as well as audio.

Scott Burkett: [00:06:08] Yeah. I was going to make a bad crossing swords joke, but I’m not-

Michael Blake: [00:06:11] That’s all right.

Scott Burkett: [00:06:11] Did I just make a bad crossing swords joke?

Michael Blake: [00:06:12] It’s not that kind of podcast.

Scott Burkett: [00:06:14] That’s right. Family-friendly.

Michael Blake: [00:06:17] So, every sort of situation is different, which is kind of what we expect. So, is it fair to say that there are kind of two categories of apps? One is kind of outward-facing. You’re trying to have an app that is client-focused, client-facing, maybe let clients interface with your company a different way. And then, kind of, an internal app, something that makes the way your company works or operates more effective and more efficient. Is that a fair distinction?

Scott Burkett: [00:06:44] That is fair. The thing with the App Store is it’s a public utility effectively at this point, right. You go into it, and you find what you want. You pay for it or you get it for free. You download it. Most companies are probably not going to want you to download their internal applications from the app store, but we do see both. We do see both.

Scott Burkett: [00:07:01] I think, the biggest trend over probably the past, I’d say, the best decade, really, as the shift to mobile happened was you had successful web applications like Facebook, for instance, or LinkedIn, those kinds of sites, social media type sites in general that didn’t, initially, have a mobile app. And the mobile adoption is a lot greater now than it was when those companies were founded.

Scott Burkett: [00:07:22] So, the mobile strategy kind of came in later for them, but that became a way to interface with a larger platform on the desktop effectively. It’s the same product, right, but you’re limited to a certain set of features and certain experience on a mobile device that’s a little smaller in footprint than what you’d get on a desktop, for instance, right. But, yeah, that shift is definitely there.

Michael Blake: [00:07:44] Are we at a point now where you can realistically have an app that doesn’t have a mobile companion?

Scott Burkett: [00:07:50] Well, in that context do, we talked about web applications, right. On the B2B side, if you’re successful, you need to have a mobile app. It’s just your users are going to demand it. In fact, if you don’t eventually have a mobile app in your B2B type web application, your customers are going to go find another solution somewhere else because mobile’s that important in the enterprise now, right.

Scott Burkett: [00:08:13] My UPS guy who comes to the house and drops off packages, first thing he does is he pulls out his mobile device, and he’s got access to all this back in functionality at UPS that he’s like flipping around and doing all this stuff. I try to sign my name, it looks like my kindergartener signs it when I do my finger, but all that functionality is all on a mobile device. That’s a great example of an enterprise application on a mobile device right there. Not something you can download from the app store, but they have it. So, yeah.

Michael Blake: [00:08:39] So, apps, I mean, back in the old days, we used to call them software applications or programs. So, the words changed, but what we’re creating is largely the same. Does an app have to be something grandiose, like PowerPoint or Microsoft Word? Is this something that can be fairly slim? Walk us through that. Does an app have to be big, and hairy, and complex to be valuable? Are there ways to do something relatively quick and painless?

Scott Burkett: [00:09:10] I can tell you that 99% of the stuff that’s on my smartphone, my iPhone here, was put there by my kids. And the vast majority of things that are on there are simple silly things that add zero value to my life. So, the short answer is it doesn’t really matter, right. There’s an app for anything these days, you want to track your weight loss or whatever. And you’re still doing all the work, by the way. It’s not like you stand on the iPhone-

Michael Blake: [00:09:34] I don’t need an app for that by the way, but the math there is not that complicated or fast.

Scott Burkett: [00:09:37] You don’t stand on your iPhone. I want to write a trick app that it’s a scale for your iPhone, and you just stand on your iPhone, and I wonder how many people would do that. But there are apps for everything, small, large whatever. I don’t think people have to have a vision of something being grandiose or lightweight. I think they have to have a vision that their app — And I’m speaking more in a business context here — solves some kind of problem or fulfill some sort of need in a marketplace, right.

Scott Burkett: [00:10:06] So, it could be a game. It could be just pure entertainment or just a boredom breaker kind of a thing. And those things tend to be kind of lightweight. But when we start talking about business-to-business enterprise type integration, those things tend to lean towards the hairy side just by their very nature, right.

Michael Blake: [00:10:22] Got it.

Scott Burkett: [00:10:22] So, yeah.

Michael Blake: [00:10:23] All right. So, somebody comes to you and says, “Scott, we think we want an app. We’d like to have you build it.” Open the hood a little bit, what does that process kind of look like?

Scott Burkett: [00:10:33] Well, the first thing I do is I get out my incense burner. No, I’m kidding.

Michael Blake: [00:10:38] No, that’s what we do in valuation.

Scott Burkett: [00:10:39] no. The interesting thing about technology is that while technology has changed a lot over the past 20 years – let’s just say 20 years. It’s really longer than that. About 30 years, I guess, at this point. God, we’re getting old – the process by which you build it has nominally changed, right? Certainly, we have faster tools we have better tools, and libraries, and integrated environments that we can build all these great things in.

Scott Burkett: [00:11:04] And that’s condensed the timeframe for delivery of building something like that, but the process is still largely the same. You got to understand the requirements. Are there requirements? What are you trying to build? If you just have an idea you’ve got a lot more work to do. You could come to me with an idea, that’s great. I’m happy to help you walk through kind of flashing that out.

Scott Burkett: [00:11:21] But, at some point, you’ve got to put pen to paper, or well, we used to do that, but put your fingers on the keyboard, as it were, and type up your requirements. Well, what are the problems it’s going to solve? How is it going to solve? What are the benefits to the user? What are they going to reap by using this particular application? And it doesn’t matter if it’s on the web, or if it’s on a desktop, or if it’s a mobile app, the same principles still apply.

Michael Blake: [00:11:41] Now, having known you as long as I have, I know you’re a very creative guy. You’ve done-

Scott Burkett: [00:11:45] A few things, I guess.

Michael Blake: [00:11:47] You’ve done literally done art websites.

Scott Burkett: [00:11:50] That’s true, that’s true.

Michael Blake: [00:11:51] So, when you have that conversation or when somebody — I want to depersonalized a little bit. Is it reasonable to expect that if I’m looking for someone to help me develop my app, is the app developer going to, then, maybe interact with me and help flesh out what the business case might actually be, suggest additional functionalities, or is it more like an order-taking process where, “I need an app that does A, B, C, and D,” “Here it is, go”?

Scott Burkett: [00:12:17] Well, to the latter, there’s a million people that can do that, right? You can go to upwork.com, find a freelancer offshore somewhere, send them a bulleted list of stuff that you want to build, and they’ll build exactly that.

Michael Blake: [00:12:31] Okay.

Scott Burkett: [00:12:31] Okay. And it will be cheaper. By and large, it will be cheaper to do that. The problem is if your development team isn’t completely aligned with your business drivers, and in those sessions, and on the white board, and trying to understand how your business is evolving, and not just in a bulleted list, these are the things that are important to us, but understanding your customers and what they want. You’re going to paint yourself into a corner as a founder. You’re making an investment. Ostensibly, it’s a chunk of your savings, or you’ve raised some money maybe in a seed round or something like that, and you’re trying to build something. The last thing you want to do is know that you just wasted $100,000, or $50,000, or whatever it is by giving somebody a bulleted list because you think you’ve got all the answers, and you think that’s all they need. There’s always more to it than that.

Scott Burkett: [00:13:18] If I took a pile of building supplies and dropped them off on a lot that you owned, and said, “We’re going to build a house.” And you came to me and you said, “Okay. Here’s what I want. I want three bedrooms, and I want two baths, and I want a sunken den. That’s all it. That’s my main thing. I just got to have these things.” We’ll build it. We’ll build the house. It will have three bedrooms, two baths, and a sunken den. And then, you’re going to realize that you wanted brick, and you wanted one bedroom upstairs, and not all three. You didn’t want a ranch house, right? So, the house is still built. I did my job, right?

Michael Blake: [00:13:46] Yeah, yeah.

Scott Burkett: [00:13:48] And so, you run into situations like that. And more importantly, you run into situations where you realize you can’t add an extra room to your house because of the way the house was initially built, right? It wasn’t built to be extensible. We took up all of the real estate on that lot by building this house, right?

Michael Blake: [00:14:02] If we add here, that’s a support thing.

Scott Burkett: [00:14:04] That’s right, that’s right. That’s a load-bearing wall. We can’t take that down. So, you think about that from a development standpoint, developers, there’s something called technical debt, which may come up later in the show here. But technical debt is one of those things where it’s the — You’re familiar with monetary debt, right?

Michael Blake: [00:14:20] Of course.

Scott Burkett: [00:14:21] So, it’s financial debt, right? It’s very akin to that. When you’re building an application, and a developer takes the easy route, if you give me a bulleted list, I’m taking the easy route and implementing all this because I don’t know what you’re going to want to do a year from now or two years from now because I’m not in line with your business. So, I’m going to build those things, and I’m going to take the easiest fastest way for me to accomplish those tasks, and I’m going to do it. Okay.

Michael Blake: [00:14:43] Just satisfy the statement of work.

Scott Burkett: [00:14:44] That’s right, just satisfy the statement of work. So, fast forward a year from now, your business is pivoting, or you’re changing, you’re getting into a new market, you got a new partner that you want to integrate with or something like that. And all of a sudden, you realize you can’t do that because you have technical debt. You have to now re-factor, and take all the easy stuff out, and do it the right way where you can open those doors into integration with other companies and things like that in your code.

Scott Burkett: [00:15:07] So, when you think about giving someone a bulleted list, if anybody’s listening to this that is in that mode, don’t do that. Don’t give someone a bulleted list and a check and say, “Let me know when you’re done.” That’s absolutely the worst possible thing you could do.

Michael Blake: [00:15:23] So, one of the decision points, then, is do I, as a person who wants the app, do I have enough time myself to engage in this process, so that I get what I want? When you put an addition in your house, a great way to make sure you’re unhappy is just send the contractor off.

Scott Burkett: [00:15:39] That’s right. That’s right.

Michael Blake: [00:15:40] Not oversee the work, not get progress updates.

Scott Burkett: [00:15:41] That’s right.

Michael Blake: [00:15:41] It’s sounds like it’s the same thing there. You can’t just throw it over a wall.

Scott Burkett: [00:15:42] There’s basically there — I guess, three ways of looking at building an app, or three reasons, or drivers behind it. One is you’re writing something for yourself, which happens a lot with techies. Us, geeks, like to write tools that we use, and we think are cool. And that’s fine. You’re the only user of it, and you’re happy. That’s a success, right? Or you’re trying to monetize it, and actually grow business out of it, and turn it into something that’s a little bit more longer lasting than just you using a tool. And then the third one is the hobby market. You’re making something for other developers to use or other tool builders to use as a part of their applications.

Scott Burkett: [00:16:21] When you look at the second one, that example that you just gave about, “Am I going to have time to engage in this?” Well, if you’re writing it for yourself, and you don’t have time to engage in it, then I don’t even know what’s going on there. The third one is a hobby. It kind of falls back to the first one, which if you’re not willing-

Michael Blake: [00:16:35] You either do it or you don’t.

Scott Burkett: [00:16:36] Either do it or you don’t. If you’re trying to monetize it and build a business around it, you either find the time or you don’t. And if you don’t find the time, you’re just wasting your money.

Michael Blake: [00:16:43] Okay.

Scott Burkett: [00:16:44] Right? You have to engage. I think you absolutely have to engage with your developer. IT people and techies are not the same as they were even 20 years ago. They have business degrees now. They understand sales and marketing. They understand how companies work, at least, on the surface, right? They can understand those business drivers and apply them to how are we going to integrate with those partners in our app down the road. Things like that are going to open up for them. So, I think you absolutely have to find the time to engage with your development team no matter what you’re building.

Michael Blake: [00:17:12] Okay. So, I mean, apps sound great. It’s the way of the future. It’s all cool. Why doesn’t everybody have one?

Scott Burkett: [00:17:20] A lot of people don’t have a mobile strategy upfront. And we’re seeing this is a little bit different now because, I think, mobile strategy is one of the first things an investor is going to ask you, especially if you’re in the business-to-business side or building a web application that’s going to have a lot of users. What’s your integration strategy? What’s your mobile strategy? That’s one of the things they’re going to want to know. And if you don’t have one it’s going to be a strike against you. You’re not thinking big enough. You’re not thinking outright.

Michael Blake: [00:17:44] Right, because that’s where most of the devices are.

Scott Burkett: [00:17:47] Exactly. And that’s how we consume content, by and large, these days. I mean, I get my news from my smartphone. I don’t watch the news at night. Who does that anymore?

Michael Blake: [00:17:53] I can’t remember the last time I watched the news.

Scott Burkett: [00:17:55] Exactly.

Michael Blake: [00:17:55] Do you even do that anymore?

Scott Burkett: [00:17:56] Is Walter Cronkite still alive. No. Yeah, right. That’s the last news that I saw, right?

Michael Blake: [00:18:01] Right.

Scott Burkett: [00:18:02] Paul Harvey and Walter Cronkite, right? So, yeah. Someone’s listening to this going, “They’re Googling Walter Cronkite right now.”

Michael Blake: [00:18:08] Exactly.

Scott Burkett: [00:18:09] “Who is Walter Cronkite?”

Michael Blake: [00:18:09] Exactly. Going to the biography channel.

Scott Burkett: [00:18:09] How do you spell his name? Yeah. So, no, and people consume content on their mobile devices. So, mobile strategy is important. I think maybe a decade ago, 15 years ago, mobile was — I don’t want to say it was optional, but it was sort of like gravy. In fact, a lot of investors back then probably we’ll look at you and say you’re thinking too big. What’s this mobile thing? I mean, the world has changed. Obviously, it’s evolved. So, if they don’t have an app, then there’s either one of couple of obvious reasons for it. One is they don’t want to fund it. That can happen, right?

Michael Blake: [00:18:40] Yeah.

Scott Burkett: [00:18:41] They don’t see the value, in which case you want to short their stock, I think, at this point, right?

Michael Blake: [00:18:45] Got it.

Scott Burkett: [00:18:45] Certainly, if it’s an enterprise type company. And on the social side, I think any sort of social media app these days, application on the web is going to have a mobile component. If not designed kind of in counterpart with the web platform, it’s going to be built like shortly thereafter once they get all their integration points and everything is sort of in place where the mobile devic can communicate to the web app.

Scott Burkett: [00:19:06] So, I mean, when LinkedIn and Facebook first launched, they didn’t have mobile apps. This came along later. So, I don’t know how Facebook is now, but it’s probably 15 years old or something like that maybe.

Michael Blake: [00:19:18] It’s something like that, yeah.

Scott Burkett: [00:19:19] Something like that.

Michael Blake: [00:19:20] I mean they went public in — Went public in — Actually fairly recently. It went public in like ’13 or something. So, looking around 2006.

Scott Burkett: [00:19:28] Right. So, yeah. Yeah. So, there you go.

Michael Blake: [00:19:32] So, is there kind of a tale to this? It’s one thing to sort of build an app, but I have a feeling an app is not something you just buy once and put away, right?

Scott Burkett: [00:19:42] That’s right.

Michael Blake: [00:19:43] You put it online, and you’ve got to maintain it. Apps tend to get updated if they’re going to be around for long. So, is that the case that when budgeting and figuring out if an app is right for you? Do you have to think about six months from now, a year from now, kind of, what long-term commitment you’re going to make to it?

Scott Burkett: [00:20:00] Any business has to think about that. It doesn’t matter what your business is, you have to think about, “Okay, I know I’m going to raise this much money, maybe nothing. And I know that whatever I have is going to get me to a certain point at which, hopefully, I’ll have a product.” And there’s a revenue ramp. And at some point, your revenue is going to go up and then you can afford to pay the bills.

Scott Burkett: [00:20:21] What a lot of young entrepreneurs tend to do – and I see this unfortunately more often than I want to admit – they just assumed that once they get that revenue ramp going that it’s just cruise control from there. And they just basically are printing money. And that never works. It never works. When’s the last time-

Michael Blake: [00:20:40] It’s not that easy to become a billionaire?

Scott Burkett: [00:20:42] No, it’s not.

Michael Blake: [00:20:42] Oh, shocks.

Scott Burkett: [00:20:43] It’s absolutely not, but think about your — My iPhone, I turn it on. Every day, there’s updates to my apps, right. The ones that don’t get updated are going to become deprecated over time. Users are going to abandon them, and this could be mobile, but it could also be on the web as well. It could be on the desktop as well. I mean Word Perfect went under. Remember Word Perfect?

Michael Blake: [00:21:02] Sure.

Scott Burkett: [00:21:02] Yeah, it was great. It was great. Well, Microsoft Office came along with its auto updates, and then everybody said, “Hey, this is great. They’re adding new features to this incrementally. It’s getting better. It’s improving.” Word Perfect went the way of the dinosaur and had a horrible interface. They never did anything to fix it. It’s an antiquated analogy, but, still, it’s one of the examples.

Michael Blake: [00:21:20] No, it’s true. Once the old lawyers died out, that-

Scott Burkett: [00:21:21] That’s right.

Michael Blake: [00:21:22] Because the lawyers were the last stronghold-

Scott Burkett: [00:21:24] And they loved it, that’s right.

Michael Blake: [00:21:25] … for Word Perfect. And once they died out and retired, the new generation grew up with Microsoft Office or, now, Google Docs.

Scott Burkett: [00:21:31] That’s right.

Michael Blake: [00:21:32] That’s what they’re using, right?

Scott Burkett: [00:21:32] Users are going to demand a couple of things. They’re going to demand that the bugs get fixed. And there’s always bugs in software. It’s written by humans. Right? So, we’re going to have those problems. Bugs get addressed in a timely fashion. The product evolves. As new opportunities and new technologies arrive in the marketplace, your product, if it’s applicable, has to be in a position to take advantage of those things and incorporate those into your application as well.

Scott Burkett: [00:22:00] I’m just thinking out loud here, but I just bought a device called the AirServer, which is a little embedded device that allows me to stream Chromecast, and AirPlay, and Miracast from a PC, a Mac, a Smartphone. Any sort of device, I can screen cast directly to my TV. Well, before I learned about this product, you had to have the right laptop. You had to have the right TV.

Michael Blake: [00:22:24] Apple with AirPlay.

Scott Burkett: [00:22:25] That’s right, that’s right.

Michael Blake: [00:22:25] Apple TV.

Scott Burkett: [00:22:26] Exactly, right. So, something better came along. And it’s one of those things that something better is always coming along in this day and age. I mean, my Twitter feed is full of it. Every day, it’s just 20 new things that are launching that didn’t exist yesterday. And some of those things are going to fall out by the wayside. It’s just law of averages, right? But the ones that make it, the ones that have long-lasting ability in the marketplace are the ones you have to take advantage of. And how do I integrate with it?

Scott Burkett: [00:22:51] It may not be applicable to everyone, but when certain things come along — Like single sign-on is another great example of that, right. Interfacing with single sign-on, does your app want to take advantage of that? You see apps now that lets you login with Google or Facebook, right? Easy. You just click the button and you’re done, right?

Michael Blake: [00:23:06] Thank God.

Scott Burkett: [00:23:07] It’s great.

Michael Blake: [00:23:07] Just typing all those things with my fingers on the phone, it’s a nightmare.

Scott Burkett: [00:23:11] And it takes you eight times to get your password right. Then, you locked yourself out.

Michael Blake: [00:23:14] Exactly.

Scott Burkett: [00:23:14] But it’s one of those things that — Just think about this, if your product was in the marketplace, and you didn’t have that capability, it’s a seemingly inane feature. Okay. It shouldn’t be a make or break decision, but I can guarantee you, people will say, “Why do I have to keep logging into this when I can just — Why can’t I just click on the Facebook button and authenticate me that way?”

Michael Blake: [00:23:32] Especially if it’s just a subscription to Reuters. I don’t care if somebody pirates that account.

Scott Burkett: [00:23:37] That’s right. That’s right. You don’t really care.

Michael Blake: [00:23:38] I’m not paying anything. I can’t post anything. It’s not a high-leverage discussion.

Scott Burkett: [00:23:43] Absolutely right. So, I think you have to — Getting back to the question, I think, as a founder, you’ve got a budget for the incremental advancement and evolution of your app, okay. Be it on the desktop, the web, mobile device, it doesn’t matter, you have to constantly be thinking, how is this going to get better? Because that’s what makes your business better at the end of the day anyway. How are you going to evolve as a business? Well, that involves dragging your product along, hopefully, right?

Michael Blake: [00:24:05] Yeah.

Scott Burkett: [00:24:06] So, there you go.

Michael Blake: [00:24:07] All right. So now, It’s the time in the program to go negative.

Scott Burkett: [00:24:11] Uh-oh.

Michael Blake: [00:24:11] And what I mean by going negative is I like to talk about times when people and customers or, not even customers, companies have built apps that have just failed.

Scott Burkett: [00:24:21] Okay, sure.

Michael Blake: [00:24:22] Why do apps fail? And what can we learn from that where maybe it’s just not a good decision on the part of that company to commission the app in the first place?

Scott Burkett: [00:24:33] Well, we’re speaking here, obviously, in the business context. If you’re writing it for yourself, and it fails that you don’t even use your own tool, then that’s your problem. That’s not a world problem. But there’s a couple of things that it comes down to. If a company’s generating or building an app, we’ll just use a mobile app in this particular case, and maybe it mirrors their web application, right? They’re not seeing the adoption rate, for instance, going up.

Scott Burkett: [00:24:58] Now, if you’re web app is successful, and your mobile app is not, that’s a different problem, okay. That tells you that the core product that you have is valuable, and people are using it on the web, but they’re not using your mobile app. Maybe the interface stinks, maybe the usability stinks, it’s not worth it, there could be bugs, things like that that need to be addressed.

Scott Burkett: [00:25:18] But it all comes down, at the end of the day, to outreach and marketing, getting your app on the mobile side, the same exposure that your web application is getting in that particular instance. And when we say a business context, that’s generally what we’re talking about. It’s Facebook with a website or a web application, and they’ve got a mobile component to it as well, that type of pattern. So, they’ve got to look hard in the mirror and ask themselves why it’s not working, why it’s not getting the adoption.

Michael Blake: [00:25:44] And that’s true on the internal side too, right?

Scott Burkett: [00:25:46] That’s right.

Michael Blake: [00:25:46] If you want your app for internal use, you got to make sure people know about it.

Scott Burkett: [00:25:49] That’s right.

Michael Blake: [00:25:50] There’s got to be an incentive for them to use it.

Scott Burkett: [00:25:51] A policy. Crate a a policy, right?

Michael Blake: [00:25:53] It could be a policy, It could be you remove whatever process there was before, so they’re forced to use it,

Scott Burkett: [00:25:59] Right.

Michael Blake: [00:25:59] But-

Scott Burkett: [00:26:00] The worst thing you could hear as a developer, as s a software engineer, is that people aren’t using your app. They’d rather use email. That’s like the worst thing.

Michael Blake: [00:26:08] Really?

Scott Burkett: [00:26:09] Yeah. It’s too clunky, it does this, it’s too slow, whatever. It’s just easier to send the guy an email. Okay. So, that’s what they do, right?

Michael Blake: [00:26:16] Right.

Scott Burkett: [00:26:16] And email is like — Everybody wants to kill — Everybody has been trying to kill email for 20 years.

Michael Blake: [00:26:22] They have. It’s died more often than Rasputin.

Scott Burkett: [00:26:24] Exactly. I know, right? He’s on his 12th life at this point, right? But the reality is when that’s your fallback, your fallback is, “It’s just easier to send an email,” yeah, you got some issues with your app that you need to sort out.

Michael Blake: [00:26:37] And that brings up — I’m not going to attribute the name. I don’t necessarily have permission, but I was at a conference-

Scott Burkett: [00:26:41] Oh, come on.

Michael Blake: [00:26:43] I was at a conference a couple months ago, and there’s a venture capitalist there. One thing that he said that I’ll never forget, it was a great advice, is that, “Already good will always beat might be better, or good enough will always beat might be better.”

Scott Burkett: [00:27:02] Is there a question in there, or do you want to-

Michael Blake: [00:27:03] No, I’m asking for a reaction. If it’s something you’ve got, like email is already good enough, something that has, now, a learning curve that has some risk to it, if it’s not clearly better, it’s just going to get dumped off on the side of the road. They’ll go back, like you said, the email.

Scott Burkett: [00:27:20] Well, I think any founder would agree that their business plan paints a perfect picture of how things could be better or should be better. No business owner is going to say, “Well, my business plan does a poor job of telling you how great this product is going to be.” They’d probably go too far in that regard, if anything.

Scott Burkett: [00:27:36] I think that’s applicable sometimes. I mean, if it ain’t broke, don’t fix it Kind of mantra, but there’s certainly been plenty of applications that have come along that have made getting tasks done, or achieving certain goals, accomplishing something, adding value in ways that were it was easier than before. Case in point, look at LinkedIn, right. Before LinkedIn, I either knew you or I didn’t. I either could call you on the phone or send you an e-mail because I had that information. And email contacts were closely guarded, like that was your rolodex, right?

Michael Blake: [00:28:12] Yeah.

Scott Burkett: [00:28:12] Like the little black book that we used to have in the ’80s with all the phone numbers written down on. It was the same thing, you guarded your contacts. The business development people made a killing because they would go from one company to the next, and they bring basically their book of business with them because they had all their contacts, right?

Michael Blake: [00:28:26] Yeah.

Scott Burkett: [00:28:27] Well, that’s gone now. By and large, it’s gone. Still relationship-driven and a lot of industries are, but if you think about LinkedIn, if I wanted to connect with someone to ask them a question, or invite them to come on to a panel, or speak at an event, or whatever my reason is for reaching out, I can probably get to them within a day. I can probably get my message in front of them pretty, pretty quickly, right?

Michael Blake: [00:28:49] Sure.

Scott Burkett: [00:28:50] So, before LinkedIn came along, that didn’t exist. That capability didn’t exist. Now, imagine yourself as an investor, and it’s hard now because LinkedIn is just part of the fabric now. Everyone uses it but think about maybe 15-20 years ago as an investor, and some guy, Reid Hoffman, comes to you in California and says, “I’ve got this great idea. We’re going to connect the world on the internet.” “What? Okay. It’s a big idea. I get it, but-”

Michael Blake: [00:29:16] No, you burn them for witchcraft.

Scott Burkett: [00:29:18] Exactly. It’s heresy. “What do you mean? These are my contacts. I’m not going to share them with other people,” and that kind of thing. Well, the world’s changed. So, I think there’s some applicability to what that investor told you, either way though.

Michael Blake: [00:29:29] Yeah. So, a lot of apps are now made offshore. I don’t know if your company uses offshore.

Scott Burkett: [00:29:35] No.

Michael Blake: [00:29:36] Not so relevant to the discussion. But if I go to a shop, and they say that they tend to use a lot of offshore labor, wherever it is, it could be India, it could be Ukraine, it could be Philippines, should I be concerned? Should that in my mind be a disqualifying feature in terms of selecting who my developer should be?

Scott Burkett: [00:30:00] I think, it’s going to come down to one key factor here and that’s money.

Michael Blake: [00:30:04] Okay.

Scott Burkett: [00:30:05] Okay. You can certainly find a country that will build your app, probably off of a bulleted list, like we cautioned about earlier, and you save some good money if you find the right company in the right country. But I will tell you a story not so awful long ago, there was a Japanese software company that had offshored, outsourced some of its development on its key product to China. Okay. Well, China, hopefully, the Chinese politico is not listening to this right now, and they’re going to hunt me down or something, but China doesn’t really have a great track record in not stealing things. I mean, China has-

Michael Blake: [00:30:42] Always since Marco Paul.

Scott Burkett: [00:30:43] That’s right, yes. China has a wee bit of a reputation for reverse engineering things and just outright lifting things.

Michael Blake: [00:30:51] Adopting them as their own.

Scott Burkett: [00:30:52] Adopting them as their own. Look at our new stealth fighter, right. Yeah, right, whatever. So, this Japanese company was so paranoid about China, these developers in China working on their product, they actually had five different Chinese offshore companies, and they gave each one of them a piece of it. They wouldn’t give the entire thing to one company. So, what does that tell you?

Michael Blake: [00:31:12] I think Apple does that, if I’m not mistaken.

Scott Burkett: [00:31:14] They could, they could.

Michael Blake: [00:31:14] They don’t let everybody have the whole formula.

Scott Burkett: [00:31:15] The keys to the kingdom, right?

Michael Blake: [00:31:17] Yeah.

Michael Blake: [00:31:17] And I’m not here to say that all offshore is bad. It’s not. I’ve had some successes with offshore development in the past, and I’ve had some that were not as successful. Ultimately, it came down to the ones that were successful were the ones that were fully engaged with the team, the larger team, the business team throughout the development process. They took the time to understand the drivers behind it, and where we’re we going, and best practices. And there was a liaison on the business team that ensured that the development team were using best practices and things of that nature, so not to paint you into a corner.

Scott Burkett: [00:31:52] So, I think, it goes without saying that you should probably go into it with eyes wide open, if you do it. But to be fair, I would approach it here in the United States as well the same way. I’d do it the same way. I wouldn’t necessarily give it to five different companies to work on like the Japanese company I mentioned did. But I would certainly — Over here, we’re protected by NDAs and other things, IP agreements, and things like that, and, of course, the US Code of Law, which helps a lot.

Michael Blake: [00:32:19] There is that, yeah.

Scott Burkett: [00:32:20] The minute you put it offshore — And I’m not an attorney by any stretch of the imagination. Though, I have given a free legal advice before.

Michael Blake: [00:32:27] Don’t let that stop you.

Scott Burkett: [00:32:28] That’s right. But I think you should probably consult maybe some fellow entrepreneurs that have had successes building things offshore, and maybe kind of learn from them, specifically, who they’re dealing with, and are they reputable. That referrals always going to go a long way.

Michael Blake: [00:32:44] So, a recurring theme we’re hearing here is that the business side of the business has to be very closely involved with the technology side. This is not just something you hand over a bunch of nerds-

Scott Burkett: [00:32:55] That’s right.

Michael Blake: [00:32:55] … and say, “Have us build something.” I mean, you’ll get something.

Scott Burkett: [00:32:57] You’ll get something.

Michael Blake: [00:32:58] It just won’t be what you want most likely.

Scott Burkett: [00:33:00] Or the technical would be off the chart.

Michael Blake: [00:33:02] All right. Well, we’re running out of time, unfortunately. We could talk about this and other things-

Scott Burkett: [00:33:06] That true.

Michael Blake: [00:33:06] … for a long time. So, any concluding comments, anything that I should have asked but didn’t, or something else that our listeners need to know about the app decision process whether to build that app?

Scott Burkett: [00:33:19] I haven’t even got to my belly dancing bit.

Michael Blake: [00:33:22] Probably for the video version of the podcast.

Scott Burkett: [00:33:24] Okay. I think when you decide you want to build something, I think you have to make a commitment to the project. It doesn’t matter if you’re a solo founder, a single founder, or you’re a small team, or you’re a company that’s looking to build an application. Again, it doesn’t matter if it’s a desktop, web, or mobile.

Scott Burkett: [00:33:41] I think you’ve got to apply those fundamental business practices to it, take those practices, and basically force feed the development team with those business drivers because if you don’t, like you said, you’re going to get something back, but it may or may not — it may do everything on the list functionally, but it may or may not solve the problem at hand. And, I think, aligning those things is a very key factor that people should go into it with knowing that, so.

Michael Blake: [00:34:07] Okay. Well, this has been great. I’m sure somebody listening to this this podcast will want to learn more. How do people find you?

Scott Burkett: [00:34:15] Unfortunately, I’m fairly easy to find on the web. So, you can just Google my name, Scott Burkett, I suppose, or just go to scottburkett.com, and all my links are there somewhere. I think so.

Michael Blake: [00:34:27] Yeah. you are not hard to find.

Scott Burkett: [00:34:28] I’m, unfortunately, not hard to find.

Michael Blake: [00:34:30] All right. Well, that’s going to wrap it up for today’s program. I’d like to thank Scott again so much for coming and sharing his expertise.

Scott Burkett: [00:34:36] Thanks for having me.

Michael Blake: [00:34:36] This has been great. I’ve learned a lot. And we’ll be exploring a new topic each week. So, please tune in so that when you are faced with your next business decision, you have a clear vision when you’re making it. Once again, this is Mike Blake. Our sponsor is Brady Ware & Company. And this has been the Decision Vision Podcast.

Tagged With: custom app, custom app development, custom application development, Dayton accounting, Dayton CPA, Dayton CPA firm, Decision Vision, Decision Vision podcast, Decision Vision podcast series, LinkedIn, Michael Blake, Mike Blake, mobile app, offshore app development, offshore development, open source software, Startup, startup company

Decision Vision Episode 1: Should I Get a Patent? – An Interview with Jackie Hutter, The Hutter Group

February 7, 2019 by John Ray

Decision Vision
Decision Vision
Decision Vision Episode 1: Should I Get a Patent? - An Interview with Jackie Hutter, The Hutter Group
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Jackie Hutter and Michael Blake

 

Should I Get a Patent?

Michael Blake, Director of Brady Ware & Company and Host of the Decision Vision podcast, interviews Jackie Hutter on when it may be best to forego the patent process, the steps in a patent process and the cost, how an entrepreneur should select and manage their patent attorney, and other key topics related to patents.

Jackie Hutter, The Hutter Group

The Hutter Group enables start ups and small companies to generate and deploy intellectual property that can enhance revenue and exit goals. While working with innovators to obtain meaningful patent protection that “makes it cheaper to go through you than around you,” we work with our clients to identify IP Strategies that are meaningful to their businesses, with the objective of creating IP that is aligned with real value.

Jackie Hutter has been recognized for each of the last 8 years for her innovative insights in creating value from IP Strategy with the peer-awarded Top Global IP Strategist by Intellectual Asset Magazine. Ms. Hutter’s IP Strategy clients have been varied, and include a Fortune 500 consumer hardware company, a large alternative energy company, several funded medical device ventures and dozens of startup companies with diverse technology offerings. From 2011-2015, Ms. Hutter also served as a the CEO of a startup battery-related company, which has provided her with a unique vantage point among her experienced colleagues about what it means to work with counsel to generate the critical IP necessary to prevent competitors from “knocking off” the innovator’s technology. Her experience extends beyond the IP realm: she frequently handles contracts and related matters for her clients, especially those relevant to clients’ IP rights.

Michael Blake, Brady Ware & Company

Michael Blake is 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. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

He 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.

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 here. Decision Vision is produced and broadcast by Business RadioX®.

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show Transcript:

Intro: [00:00:02] 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.

Michael Blake: [00:00:23] Welcome to Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we’ll be covering a key topic to discuss the process of decision making rather than making recommendations because everyone’s circumstances are different. We’ll talk to subject matter experts about how they would recommend thinking about that decision. And then, you can make that decision on your own.

Michael Blake: [00:00:44] 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, which is where we are recording today. Brady Ware is also sponsoring this podcast. If you like this podcast, please subscribe on iTunes, and please consider leaving a review of the podcast as well.

Michael Blake: [00:01:07] So, today we’re going to be talking about — We’re going to be talking about patents. And patents are increasingly important. There’s a lot of data out there that suggests that, in the last 30 years or so, most of the value that’s being created in our economy consists of intellectual property. Now, the accounting world is actually only very slowly catching up to this. A lot of intellectual property does not show up on a balance sheet. In fact, some of the benefits of having intellectual property is that nobody knows it’s there at all. And that’s one of the things, I think, we’ll be talking about today.

Michael Blake: [00:01:41] But one of the things that I’ve learned over the years I’ve been, myself, working with advisors, and entrepreneurs, and business people is that some patents are great, some patents aren’t great. Sometimes, they are all cracked up to be. Sometimes, there are better ways to accomplish protecting your intellectual property. But I’m not an attorney. I don’t know anymore about patents than I just said over the last 35 seconds or so. So, in order to not commit malpractice and be sued because I do not have the bar, we’re going to bring on a subject matter expert to talk to us today.

Michael Blake: [00:02:12] Joining me today is my dear friend and colleague, Jackie Hutter. Jackie has been helping innovators capture the value of their ventures at The Hutter Group since 2008. During this time, and probably not coincidentally, Jackie has been named by her peers as a Top Global Intellectual Property Strategist. For several years, Jackie took a break from the law as CEO of a startup technology company where she experienced entrepreneurship from the inside, which gives her a unique perspective among patent experts.

Michael Blake: [00:02:42] Prior to striking out on her own, she was a Senior Intellectual Property Lawyer at Georgia Pacific and a shareholder at an Atlanta intellectual property law firm. She started her non-legal career as a research scientist in an innovation group of a hair and skin product company. I didn’t know that. Jackie lives in the Decatur area in a groovy, mid-century house with her husband, teen daughters, and far too many pets. Again, joining us today is Jackie Hunter.

Jackie Hutter: [00:03:08] Thank you, Mike.

Michael Blake: [00:03:09] Thanks for coming today. And how many pets do you actually have now?

Jackie Hutter: [00:03:12] Oh, gosh. We have three very large dogs, including one that’s just emerging from puppyhood that requires me to walk him about six miles every day.

Michael Blake: [00:03:22] That’s why he looks so fit.

Jackie Hutter: [00:03:24] Well, thank you for that. We work hard. And then, three cats.

Michael Blake: [00:03:28] So, how far — I mean, what is the line between having too many pets and being the cat lady from The Simpsons?

Jackie Hutter: [00:03:34] Having a husband.

Michael Blake: [00:03:39] All right. Well, you heard it here, folks. You heard it here, folks. If you have too many pets, and you want to not be clinically insane, be married. That is apparently the line.

Michael Blake: [00:03:47] So, Jackie, thanks for coming on today. I’m really looking forward to this conversation. And you and I have had patent discussions forever, as long as we’ve known each other. I do a lot of work with entrepreneurs, many of whom think they want to have patents, and you sort of help talk them off the ledge, or maybe they should have patents, and you’re like, “God, why don’t they have a patent? They need to talk to me,” like, “Stop.” But let’s kind of build a foundation here. I’m not sure everybody understands what exactly a patent is. So, talk about what is a patent and how do patents work?

Jackie Hutter: [00:04:17] Well, patents are confusing because, quite frankly, lawyers make it too complicated. It’s really a simple framework in that a patent sets out the property lines of what you want to own. And when you file a patent application, you are setting out, laying a marker, if you will, into the world that, “I have come up with this, I have invented this, and I want to own it.” And so, that’s a very important part of the process that people don’t spend enough time on. But, generally, folks will think, “I need a patent,” and not really understand why they need it and why it creates value for them.

Jackie Hutter: [00:04:59] And because there are so many people who write about patents and who actually obtain patents for a living, there’s a lot of junk that’s out there that prevents people from really understanding. But, at the end of the day, a patent is something that protects something you’ve brought — that should protect something you’ve brought to a customer, and that customer will pay for it. And in order to retain that customer — In other words, to get them to be able to continue buying from you as long as you want them to, you need to consider whether or not it makes sense to draft a — obtain a patent that actually covers that stuff. And if it doesn’t, then patents are irrelevant to you.

Michael Blake: [00:05:47] So, just having a patent for the sake of a patent doesn’t sound like a great idea.

Jackie Hutter: [00:05:51] Well, if you like to have really pretty things on your wall. For a lot of people, the objective is, “Hey, I got a patent.” And, sometimes, they don’t even think about what the value is, or they assume there’s value, and they never really care or have to figure out what that value is. Certainly, for patent attorneys, the goal is to get patents because if they didn’t, they wouldn’t be in business. But the ultimate goal if you’re doing this the right way is because you have a validated customer, somebody wants to buy what you’re selling to them. And in order to continue to hold that customer and realize that value, you should have a patent. You don’t have to have a patent, but you should have a patent.

Michael Blake: [00:06:38] Okay. So, let’s say you sold me. I want to get a patent. And, for the moment, let’s leave a side value. Maybe, I do just want something pretty on my wall, and it’s cheaper than a Warhol.

Jackie Hutter: [00:06:51] Maybe not.

Michael Blake: [00:06:52] Maybe not. We’ll talk about that later, right. But I decided I want it, how do you go about that? Can I just go down to Washington and say, “Hey, give me a patent.” How does that work?

Jackie Hutter: [00:07:01] Well, it’s a very arcane process, even for patent experts like me. I’ve been doing this for far more years than I like to admit. And the details are just way too complex. Now, if anybody is a DIYer, there are plenty of books out there that purport to tell you how to do it, and I have seen some patents that have been generated that way. Usually, they’re not worth anything, not even the paper that they’re written off, but that’s just the nature of the business. Although there are some exceptions, but they’re very, very, very extremely rare. So, then, what you have to do is you have to hire a patent expert. It’s kind of like, “the fox guarding the hen house,” as a mentor of mine used to say. When you ask a patent attorney if you need a patent, the answer is probably going to be yes.

Michael Blake: [00:07:52] Of course, you need a patent.

Jackie Hutter: [00:07:56] And that made-

Michael Blake: [00:07:56] I got to get paid.

Jackie Hutter: [00:07:57] Yes, well-

Michael Blake: [00:07:59] I don’t know if you need a patent, but I need a patent.

Jackie Hutter: [00:08:01] Well, you said it, I didn’t, or maybe I did. But what typically happens in that process – and I know this is the way the training is – we say to our clients, “What did you invent?” And this is what my retainer is going to be. And most of the time, the vast majority of time, that gets things off in the wrong direction because when you’ve talked about what you’ve invented, you’re talking about what has happened in the past.

Jackie Hutter: [00:08:32] But if patents are to have value for you in your business strategy, as part of your business strategy, you need to be looking at the future and understanding why this patent is going to have meaning for you at some point in the future. And that’s with respect for my clients, with respect to potential sales and potential customers in the future.

Jackie Hutter: [00:08:53] So, by starting with, “What did you invent?” and starting writing about the past is where most patent applications and, actually, granted patents go awry, but it’s just the nature of the business. I take a different approach, a very different approach actually. When clients come to me, I use a gate. I will not take any client who has not been able to demonstrate or will not be able to demonstrate to me that they know who their customer is, why the customer cares, and why the customer will write a check in the future.

Jackie Hutter: [00:09:31] And when they do that, and only if they can do that, we talk about why it matters for them in the future to have this protection. And very often, it won’t be relevant. So, I say, “No, you don’t need a patent. Let’s go ahead and work on another type of intellectual property that might give you even more value than a patent.”

Michael Blake: [00:09:52] I think that’s great. I’m going to go off the script here because, I think, it’s a sign of a great professional that makes a client work a little bit to hire you. And I like to think I do the same thing in my practice where you don’t want to do an unnecessary operation, right. You got to live with yourself. And, at the end of the day, the client’s going to wise up and realize you took out their appendix when it’s perfectly healthy, right. And they’re going to be mad. It’s going to harm your reputation. And Atlanta is a big small town, right. So, I think that’s really important that you go through that process, and you challenge the client to think, “Do you really need a patent?” as opposed to, “Are you looking for something really pretty to put on the wall?”

Jackie Hutter: [00:10:36] Well, for professionals like us who had gone to school for a long time and been doing it for even longer, it’s really easy to make it complicated. And it’s hard to make something simple when it really is hard. And therefore, it has become, or not even become, I think it’s always been this way in the patent world that folks just want to hand stuff over to somebody else because it’s uncomfortable and difficult to learn something new, especially when you’re professional does not take the time or have the skill to be able to explain it to you in a way that’s meaningful to you.

Jackie Hutter: [00:11:13] And, actually, that’s sometimes the hardest part of my practice is to figure out the right way to talk to this person, this client, this potential client because you have to meet the client where they are and to be able to communicate to them in a way that’s meaningful for them. So, that has — I have actually fired clients and, I think, I’ve had my clients have fired me because I require them to do the work. At the end of the day, a patent is a business document. It’s not a legal document. It’s not a technical document. It’s something that sets out your business plans, and you have to be able to execute on those business plans. That’s why I write patent applications with my clients the way I do.

Michael Blake: [00:11:54] If you haven’t been fired, and you have never fired a client, you’re not really doing your job as an advisor because that means you’re just rolling over every time, and that’s not a good advisor, right? So-

Jackie Hutter: [00:12:06] Yeah, but it pays well, right?

Michael Blake: [00:12:08] In the short term, it does. So, they talk to you. Let’s say they’ve now convince you that a patent is the right thing, and you agree, they’re going to take you on. What happens then?

Jackie Hutter: [00:12:19] Well, what I’ll do is first figure out what the lay of the land is. Usually, we all. And that’s very different than what other folks do. People, just generally, clients will say to me, “I’ve done a patent search.” Well, usually, a patent — Well, not usually. The vast majority of times, clients really have no idea what a patent search entails. It is really a specialized process. So, that, you do need to have somebody who’s trained. You don’t necessarily need a lawyer. But the traditional way of doing searches is quite binary. Actually, that’s right. You can’t have quite binary. It is binary. And it’s either, are you patentable or you’re not patentable?

Jackie Hutter: [00:12:57] So, when you say, “Is something patentable?” you have defined what you’re going to patent. That is, again, looking backward, not looking forward. So, the approach I take with clients is I say, “I don’t know what we should patent. Help me understand your business better. I will go out and look to see what others have done and what the patent world looks like.” I don’t want to say landscape. I don’t want to use existing words because it really is a graze. It’s just trying to collect information and develop a frame of reference for moving forward.

Jackie Hutter: [00:13:36] And what’s interesting in there, especially since I work with early stage, smaller companies that are seeking to create patents that are meaningful to others, to get others to potentially write a check for the rights to practice or own that technology is you really have to patent for other people, and use the language, use the framework, use the context that the folks that you want to get their attention are going to be interested in.

Jackie Hutter: [00:14:07] If you look very different from them, they’re not going to want to buy you, right. They’re not going be interested. That’s just basic human nature, whether it’s patents or not. But, also, from the standpoint of companies that don’t file hundreds or thousands of patents a year, which seem to get all the noise is about all these large companies that are filing an enormous number of patents a year, those are not most of the people getting patents. Most people getting patents are much smaller companies, and they’re getting them Wednesdays ad Tuesdays.

Jackie Hutter: [00:14:41] Those folks don’t know their patent attorneys, as well as the people themselves, they’re not experts in getting patents. So, by going out looking at the existing patent literature and figuring out what other characterizations, what other language, what other definitions the experts have used, you can shortcut. You could not only make your patent look more similar to the people whose attention you want to get, you can also shortcut the drafting process and get a less expensive and higher quality work product because of that.

Michael Blake: [00:15:12] I’m sorry, go ahead.

Jackie Hutter: [00:15:13] No.

Michael Blake: [00:15:13] So, that front-end work, then, really makes a big difference?

Jackie Hutter: [00:15:19] Absolutely. And that’s one of the biggest problems with patents in the way that I learned how to do them, as well as the way that most folks do them today is that it’s a “File it and see what happens.” Well, that’s like going to battle without having any planning associated with it, right We know what happens from that. You’re fighting battles, and you don’t have a strategy to win, or even if you can win.

Jackie Hutter: [00:15:49] So, by setting up the groundwork in advance, it’s more work, and it can be challenging for the client to be pushed in this direction, especially for technical people. Business people get this. Marketing people get this. When I sit down with a technical person, they typically want to talk to another technical expert, and they get into a siloed conversation that ends up looking like a technical diagram, right, a technical document.

Jackie Hutter: [00:16:17] And to say to them, “I don’t care what your technology is. I want to know why it matters, and why it was so hard, and why nobody has done this before because you’ve been working on this for X number of months, X number of years, and it took you this long. We need to make sure that story is told to the patent office, so that the patent office is not going to say, ‘Looks like everything else that comes in.'” I don’t want to fight that battle on the back end. I want to make sure I’ve strategized, so I don’t have to fight a battle I know that’s going to happen.

Michael Blake: [00:16:46] I bet a big challenge of that too as an inventor has internalized that story so much that they find it hard to expressly articulate.

Jackie Hutter: [00:16:53] Absolutely. Everything is obvious in hindsight, even to the inventors sometimes. And I love to get to innovators before they have actually, hopefully, started their innovation journey or in the middle of the innovation journey because what I say to them is, “As a former research chemist, so often, nothing comes together until everything comes together.” And you’re struggling, you have that pain, you don’t know how you’re ever going to get through this block that you have. And then, you’re through that block, and everything’s going swimmingly. It’s the absence of pain. You have this feeling that, yeah, it was hard, but you can’t very often re-articulate it.

Jackie Hutter: [00:17:36] So, if I can get to folks before that that they get through that process, and everything is going swimmingly, I can get them to think about, “Hey, this is really hard. This is something I need to write down for Jackie, because Jackie said this is important to the story.” And for a lot of my clients, and this is where a lot of the noise comes about patents, you say, “You cannot patent this,” or “It’s really hard to patent that because of what the Supreme Court has done.” And I can’t change what that is. And there are many people who spend an inordinate amount of time trying to pull out threads from something that is frankly unintelligible because the rules are — There really are no rules these days that can’t be articulated to a client in a way that can help them plan and strategize. In other words, it’s left up to the lawyers and, hopefully, it’ll all work out.

Jackie Hutter: [00:18:29] Well, there is one rule that has been made by the courts that is clear and unambiguous in the realm of software technology, all this stuff where all the noise is out of Silicon Valley and here, actually, in various areas. Attorneys will say, “Well, let’s just try and see what happens.” Well, that’s the wrong approach because the courts have been extremely clear that, yes, you may not really be patentable, unless you can show more. Well, you know how to show more. You show more by telling a story, and why it was so hard, and why it’s meaningful.

Jackie Hutter: [00:19:08] So, especially for my clients that are in the software-related areas, I have several of those, we work really hard to be able to articulate that story in our patent application, which is very different from what they’ve done before, unquestionably, and it’s very different from other folks. They haven’t gotten it — The patent attorneys who do this every day haven’t gotten the message that you have to tell a story.

Michael Blake: [00:19:32] What you’re describing, try and see what happens, it’s like when I ask my teenage son to ask his mother a question. Then, he yells up the flight of stairs. It’s like, “Well, I could have yelled. I’m not that old yet.” And you don’t necessarily need to be a lawyer to sort of try something and see what happens.

Jackie Hutter: [00:19:51] But, also, there’s no accountability. There’s so many ways to blame other things, other externalities than your skills and abilities as a patent attorney on why something doesn’t work out. Even attorneys I really respect, they just seem to just shrug their shoulders sometimes and say, “Hey. Who knew? You never know what’s going to happen when it gets in the patent office.” Well, I know that’s not the case because while I can’t guarantee a patent is going to grant for any of my clients, by doing it this way, we consistently get broad patents out of the patent office in a very accelerated framework. But, again, we do the work, the hard work, on the front end, which effectively lays the groundwork for getting something through the office in the way we want it to get.

Michael Blake: [00:20:37] So, let’s drill down then. Let’s say we’ve sorted it. So, actually, there’s a bullet point that, I think, needs to be made here is that getting somebody like you involved early in the innovation process really helps. It sounds like it’s harder if I just say, “Hey, I just gave birth to an innovation. Let’s go patent it.” If you think that a patent is on the table, prepare for that along the process. Is that right?

Jackie Hutter: [00:21:01] I would not say if a patent is on the table. I would say that if you’re a company that’s bringing innovative technology to a customer to solve a long unmet need that you’re investing time, effort, and resources in that, then you need to bring somebody like me in at an early stage to, at least, lay the framework for what you need to know, what you need to be looking for. Waiting to the end is typically too late. It’s not always too late, but if you’ve already made all of your decisions, it’s kind of hard to go back if you’ve made the wrong decision.

Jackie Hutter: [00:21:41] And so, having that knowledge from the front end can be invaluable. And to that point, I’ve got clients that I’ve been working with on an ongoing basis, and they know to call me. One of the reasons why they’ll call me, and I’m not with them every day, but they know how important this is to their business strategy is, we’re going to go out and talk to a customer. And this customer does X. And we want to have, at least, a short meaningful patent application on file before we go talk to these folks because they know that, because I’ve trained them, they won’t to have a patent application on file today, so that if it works, they’ll be arguing in six months about how much their already-filed IP is going to be licensed for as opposed to arguing about who owns what was successful.

Michael Blake: [00:22:29] So, we’ve gone through that process. Now, are we close then to filing an application, telling the government that we’d like a patent. How does that-

Jackie Hutter: [00:22:38] So, you file the application, and you might want to talk about costs. We can come back to that, but we got the patent application on file. The typical process is to file the slow boat through Alexander — Is it? Arlington to get the patent. And it could be anywhere from two, to four, to five years based upon the technology. And, for my clients, that’s not an appropriate timeline for most cases. Some cases, we do file during that because it’s for non-leading-edge stuff but what I had incredible success for.

Jackie Hutter: [00:23:15] And unfortunately, it doesn’t seem to be in the toolbox of a lot of attorneys out there. I don’t know why. But there is an accelerated process. You pay a little bit extra on the front end to file a patent application. It goes in a special lane, if you will, in the patent office. And we have consistently begin the examinations within about six months. And if we do the front-end work correctly, we get allowances in less than a year. That is incredibly meaningful for early-stage companies, small companies that are looking to accelerate the value.

Jackie Hutter: [00:23:48] For larger companies where patents really aren’t meaningful because they’re not going out of business if they screw up their patents or don’t get a patent, then the longer path is fine. But specifically, for my clients, we do that. The examination process is back and forth. It’s like the patent examiner says, “You’re not patentable.” We say, “Yes, I am patentable.” And what often happens is that the attorney is incentivized to get an allowance. And so, they’ll amend the claims. And if they’re not absolutely talking very closely to the business team of the client, what happens far too often is that the client is left with a patent that doesn’t cover their product or anybody else’s product for that matter because you’ve got a patent, but you don’t have valuable patent, and the attorney has done exactly what you hired him to do.

Michael Blake: [00:24:39] Yeah, which is to get a patent. Okay.

Jackie Hutter: [00:24:42] Get a patent. Yeah.

Michael Blake: [00:24:42] So, good. So, I think that covers the process. And you touched upon this. It’s important. It’s a business decision. Can you talk about a range of what we’re talking about in terms of fees to obtain a patent?

Jackie Hutter: [00:24:56] Sure. I basically manage outside counsel a day. And that’s a big change than what I used to do because there’s really no transparency to legal fees if you’re not talking to a bunch of people. It’s to consult. Yeah, I’m a consultant. I see a lot of stuff, and I’m able to make assessments in that regard. Most of them cost far more than they need to cost. Typically, these days, I’m seeing — I’m not involved because I can keep these costs down and do it in a different way. Typically, what you’re looking at from outside counsel at a smaller firm, specialized firm, you’re looking anywhere from $8000 to $15,000 on the filing. For large firms that have different business models, you’re looking at double that. There are good attorneys, excellent attorneys at small firms, and there are lousy attorneys at big firms.

Michael Blake: [00:25:49] Same way the CPA works.

Jackie Hutter: [00:25:50] Yeah. And so, cost shouldn’t really be a driver. You should be hiring the attorney, not the law firm, but it’s the same way in your business, right. So, a lot of people immediately gravitate to a named brand firm.

Michael Blake: [00:26:03] Nobody gets fired for hiring Dentons, right?

Jackie Hutter: [00:26:06] Exactly, exactly.

Michael Blake: [00:26:08] Unless it bankrupts them. That’s a separate discussion. So, a patent is obvious. It’s a complicated process, not to be taken lightly. When do you find yourself talking people out of a patent? What are the kinds of things they say to you that sort of trigger, “You know, I don’t think a patent is right for you.” What does that look like?

Jackie Hutter: [00:26:28] So, in-and-out products. I think one of your guests today may be talking about in-and-out products. Nice business models, but they have a finite-

Michael Blake: [00:26:35] What’s an in-and-out product? I’m not familiar with that term.

Jackie Hutter: [00:26:36] Something that’s got maybe a six-month timeline, one-year timeline. I like to use the example of the endcaps in Target. Products-

Michael Blake: [00:26:45] The Snuggies.

Jackie Hutter: [00:26:46] Actually, Snuggies is a great story. Actually, I use that example. I probably could have got a patent on a Snuggie, believe it or not. It seems so obvious, but there’s a story there, right. So, you probably could have gotten something if it had been skillfully done. But there’s only a limited number of people that are going to buy a Snuggie.

Michael Blake: [00:27:06] I mean, it came and went, right?

Jackie Hutter: [00:27:08] Yeah. And also-

Michael Blake: [00:27:09] So, you don’t need 20 years of protection for a Snuggie.

Jackie Hutter: [00:27:11] But, also – and this is another aspect of that – really is Walmart going to slot to two shelf spaces for completely Snuggie? It ain’t going to happen, right. So, in that environment, patents really aren’t meaningful.

Jackie Hutter: [00:27:27] The other situation, and I use this example for folks that have products, Kim Cracks, whatever you want to call them, I ask people to walk through Tuesday Morning, which I effectively think about as the Island of Misfit Toys. You walk through Tuesday morning, and what I see is people’s 401(k)’s that had been totally evacuated because somebody convinced them that they could make a zillion dollars on their new way of doing X, Y, or Z. And the people who got that product to market, the people who patented that product, got paid. And this poor person had to sell. The only way they could make any revenue, which was far less than they invested, unquestionably, is to get it to be sold into a place like Tuesday Morning.

Michael Blake: [00:28:16] It’s like the gold rush, right?

Jackie Hutter: [00:28:17] Yeah.

Michael Blake: [00:28:18] You made money selling the axes, and the shovels, and the sifting pans but not actually digging for gold.

Jackie Hutter: [00:28:22] Great example, great example. So, I want people to realize that that’s not a real outcome, a probable outcome, for when you have just a better idea. You think, it’s a better idea.

Michael Blake: [00:28:34] Now, what about the argument that because when you obtain a patent, you’re also sort of opening the kimono, right. Is there an argument to be made that, instead, trying to protect something as a trade secret just by virtue of keeping something secret?

Jackie Hutter: [00:28:48] Yes and no. It depends on how you do it.

Michael Blake: [00:28:53] Okay.

Jackie Hutter: [00:28:53] The kimono only needs to be opened. That is a real legal term, opening the kimono, but it actually falls apart when I talk about this.

Michael Blake: [00:29:01] That’s a term of art?

Jackie Hutter: [00:29:02] Open the kimono, yeah, absolutely.

Michael Blake: [00:29:05] I have no idea.

Jackie Hutter: [00:29:05] Yes, absolutely. Yeah, it goes back to the old days when it was all men. But in any event, you only have to open the kimono if your claims are related to the goods, if you will. So, if you strategically define your claims in a way that doesn’t require the secret sauce to be disclosed, then there’s less probability that that’s the problem.

Jackie Hutter: [00:29:36] So, when I talk about my software clients, my software-related clients, we’re not claiming the algorithm. Why would you do that? Because there are probably 62 other ways to do the same thing with a different algorithm, but that’s not what we’re talking about here. If you claim the algorithm or the process, you have to disclose how you do the process.

Jackie Hutter: [00:29:54] But if you’re claiming something different – For example, what the customers buy, a product – the technology enables that claimed product. The technology does not lead that product. So, you have different — The legal requirements don’t change. But because you’re setting up the question to be different, very often, what I find is that the issue of trade secret disclosure is much different when you strategically define the claims in a way that’s actually more meaningful in the long run.

Michael Blake: [00:30:29] So, as we wrap up here, I would like to invite you to maybe share a little bit of a case study. Is there a patent success story you can think of that you could share?

Jackie Hutter: [00:30:40] I have, well, a couple of recent ones, but one that I had — And they’re a little bit different. So, I’ll briefly talk about both of them. First one is a medical-related client, detection client of mine that I’ve been working with for a few years now. They came to me very early. And they have been doing some really tough research on a condition, a medical condition that if you catch it before at the right time, it doesn’t become chronic. But if you don’t catch it, then the patient suffers for the rest of their lives.

Jackie Hutter: [00:31:15] And the problem there was you have to be able to detect it, and so that you can diagnose it, but the detection was very difficult because it has to be done fairly continuously. So, you can’t have a person come into the medical imaging office once a week. It’s just not feasible in most cases. So, they’ve developed a way to diagnose it on a regular basis. Ostensibly, there’s prior already out there, but why would they be working on it if the problem has been solved? That’s a big deal for innovators. Just think about you’ve got all these people working really hard on something, that means the problem is not solved. And that was the case here.

Jackie Hutter: [00:31:53] And they’ve got some really keen insights, amazingly smart people. They’re great technologists, great entrepreneurs. And it’s been a collaborative process. It’s always a collaborative process. And we were able to get them two patents within just shy of a year and a half. And after a year of really having cracked the code on this particular innovation, they obtained very substantial licensing revenue, a license agreement from a company that makes a medical device that has kind of been a moribund market.

Jackie Hutter: [00:32:29] And my client’s technology allows more sales to be had of an existing medical device that was pretty much a flat market. And they’re thrilled. And, also, importantly this revenue is not investor revenue. They didn’t have to give up any of the company to get this revenue. But they were very strategic. It was all about customer discovery, what the customer needed, why the problem existed, and the continuous collaboration with me to make sure our patents covered that.

Jackie Hutter: [00:32:55] The second example, and this is a quick example, but it’s a fun example because it tells me that I’m doing things right, I’ve been working with a startup technology company, actually, since the day they were they were founded: the CTO, a PhD, and a CEO. And we’ve been strategically working to generate IP protection. It turns out patents are very important in this space. We can tell that because there’s lots of patents in this space. It’s got a pretty obvious signal. And they have been getting the attention of the established companies in this market because of the patents because patents are technology-virtue signaling, right. I’ve got patents. I’m doing something different. So, that differentiates them from the other startups out there. But, also, that client is now going through Series A. And I found out that there was a bidding war between two VCs over the term sheet. And I found out the reason that-

Michael Blake: [00:33:52] Is it an Atlanta company?

Jackie Hutter: [00:33:53] It’s an Atlanta company, yes.

Michael Blake: [00:33:55] Two VCs bidding over an Atlanta company?

Jackie Hutter: [00:33:55] Yes, exactly, exactly. They were Atlanta VCs.

Michael Blake: [00:33:58] That’s urban legend.

Jackie Hutter: [00:33:59] Yes. It’s this truth. But how I found out about it was because the losing VC asked for my name, and they’re hiring me for one of their portfolio companies-

Michael Blake: [00:34:09] That’s good.

Jackie Hutter: [00:34:10] … which is great. But in this case, IP didn’t drive all the value. The technology and the validated business model for my client absolutely did that. But augmenting that with IP that actually covers what the customer cares about was a definite, definite plus to that valuation.

Michael Blake: [00:34:32] So, Jackie, I’d like to get a concluding thought out of you, kind of a 30-second sound bite. Most important to think about when deciding whether or not to get a patent, what do you think that is?

Jackie Hutter: [00:34:46] So. patents really matter. When they matter, they matter a lot. And being able to understand when and when that isn’t. And if it is, how to go about getting what you need in order to grow that company value, either in revenue or an exit, is the crucial first step to any patenting process.

Michael Blake: [00:35:13] Well, this is great. So, how do our listeners find you? I’m sure they’ve listened to us for the last, whatever, half an hour or so. They’ve fallen in love with you, as they should. How do they find you if they want to ask from ask you for more information?

Jackie Hutter: [00:35:24] Well, they can see me driving around Atlanta in my red Mustang convertible with the license plate that says, “I’m a lawyer,” or they can find me online at The Hutter Group. That’s H-U-T-T-E-R group.com. And more preferably look for my writings out there. I’ve been blogging for over 10 years – actually, 11 years now – about these topics. I’m passionate about them. And more importantly, I’m passionate about people learning about the patent process and why it matters before they come and talk to any patent expert, me or anybody else for that matter.

Michael Blake: [00:35:59] All right, terrific. Well, that’s all the time we have for today’s episode. So, we’re going to wrap up today’s program. I’d like to thank Jackie, again, for coming on, Jackie Hutter, for joining us and sharing her expertise with us. I think we’ve learned a lot, and there’s a lot to sort of unpack. So, the nice thing about podcasts, you can pause, rewind, play again. We’ll have a transcript posted as well. I have show notes posted.

Michael Blake: [00:36:21] Next week, we’ll be exploring a new topic. So, please tune in so that when you’re faced to making your next business decision, you have clear vision when making it. Once again, this is Mike Blake. Our sponsor is Brady Ware & Company, and this has been the Decision Vision Podcast.

Tagged With: customer discovery, Dayton accounting, Dayton business advisory, Dayton CPA, Dayton CPA firm, Decision Vision, Decision Vision podcast, Decision Vision podcast series, global patents, Intellectual Property Law, intellectual property protection, Invention, Inventions, IP law, ip protection, Jackie Hutter, Michael Blake, Mike Blake, patent application, patent attorney, patent law, patent search, patent value, patented invention, patented technology, Patents, Technology, The Hutter Group, US Patent Office

Introduction to the Decision Vision Podcast Series, Hosted by Michael Blake and Presented by Brady Ware & Company

February 7, 2019 by John Ray

Decision Vision
Decision Vision
Introduction to the Decision Vision Podcast Series, Hosted by Michael Blake and Presented by Brady Ware & Company
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Michael Blake, Host, Decision Vision

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. The Decision Vision library of episodes can be found here. Decision Vision is produced and broadcast by Business RadioX®.

Michael Blake, Brady Ware & Company

Michael Blake is 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. Mike is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

He 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.

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.

Visit Brady Ware & Company on social media:

LinkedIn: https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

Show Transcript:

Intro: [00:00:02] 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.

Michael Blake: [00:00:23] Hi. So, if you’re listening to this program, you’re wondering about this Decision Vision Podcast. My name is Mike Blake, and I’m the first and current host of this podcast that is sponsored by Brady Ware & Company. We are a full-service CPA firm that’s headquartered in Dayton, Ohio. And we also have offices in Columbus, Ohio, Richmond, Indiana, and Alpharetta, Georgia, which is where I call home.

Michael Blake: [00:00:48] And I want to share with you a little bit about the genesis of this podcast. We have a great team behind this podcast. I’m the one behind the mic, but we have people that do a lot of work to to put this together to help organize it. And I’m just, for now, just sort of the front talent. But when you set out to do a podcast, you either kind of have this one of two perspectives. One, you just want to get on the air and talk about stuff. And that’s fine. There’s no reason not to do that if that’s your thing, but that’s not necessarily a great use of business time and resources. So, the second reason to do a podcast is you’re trying to bring something to the table, into the market that you think is a little bit different, that you’re contributing a new voice to what is already becoming a crowd marketplace of voices on the internet for content.

Michael Blake: [00:01:40] And why should you listen to this podcast as opposed to some other podcast? Well, I think you listen to this podcast if you’re interested about the thinking of business. There are plenty of podcasts out there that will give advice, and they will tell you that you should do X, or you should do Y. And maybe that advice applies to you, maybe it doesn’t. Probably most of the people who are giving you the advice have the expertise in order to do so, but you don’t really know. This podcast, I think, is different. And that we’re not telling you what you should do, but we’re trying to equip you with the tools you can think about how to do that yourself because, ultimately, that’s what adds the most value.

Michael Blake: [00:02:25] So, if you’re the kind of person that thinks that you’re a thoughtful person about business, that original thought, and that being a thinker about your business is a source of a competitive advantage, then we think you’re really going to like this podcast. And it’s only going to get better over time as we find our footing, and find out the formula that works, and we get more guests, and generate content, but you’re going to learn something.

Michael Blake: [00:02:51] And we hope you’re going to learn something in a way that is not just informative but, also, at least, a little bit entertained. We’re not positioning this as a morning drive-through show or morning drive-time show. But still, if you want people to eat the broccoli, it’s helpful to put some sauce on it.

Michael Blake: [00:03:09] So, why am I the host of this podcast? Well, in one respect, I’m the host of this podcast the same way that I’ve been a little league baseball coach: my qualifications, and I’m willing to do it. I have podcasted in the past. I hosted a podcast called the Startup Lounge Podcast, and we got to about 25,000 listeners.

Michael Blake: [00:03:28] And the thing I really enjoyed about that was the impact that we made in doing that. I’ve had a lot of people, even years after we stopped doing the podcast, stopped me and thanked me for the content we put out there, and that the guests that we put out, and the expertise that we had. They really appreciated it. So, this is a great opportunity for me to, again, get back on the a chair, and give back to the community, and provide some of the great advice, not that I have in my head, but people that that we know in the community have in their heads, and bring the general smarts that Brady Ware brings to the table. And with any luck, whatever we do, whatever we talk about will empower you to make that decision for yourselves.

Michael Blake: [00:04:15] But if you feel like you need a little bit of extra help, that you need some analysis, we’d love it if you contacted us. Yes, we’re an accounting firm, but we’re business people, and we help business people to be successful every day. We help them get out of tough spots. We help them add a zero to their net worth or, sometimes, two zeros to their net worth, and help them and their families be be successful. And the fact that the firm is willing to support this exercise tells you that we’re very interested in helping the success of the community. And this is just simply one more outlet to do that.

Michael Blake: [00:04:54] In terms of my own background, although I worked for a CPA firm and I’m a CPA, I know very little about accounting, only what I needed in order to pass my exams in business school. I’m a business appraiser. And I come to that world having been in venture capital and investment banking for the first half of my career. And so, I’ve been out there doing deals, helping people make millions of dollars, and trying to help them not lose millions of dollars. So, kind of high stakes transactions.

Michael Blake: [00:05:25] So, on the shows I host, I’m naturally going to look through things, look at things through a financial lens and a strategic lens because a lot of our practice and the evaluation practices is seen at strategic lens, but we may very well have other hosts over time that are going to host this program, and they’re going to look at things from a different perspective. And that’s a good thing because there’s rarely one single right answer, there’s rarely one single way to approach thinking about a business problem. And the more perspectives that we can make available to you, the listener, we think the more that you’re going to benefit.

Michael Blake: [00:06:02] So, we hope you’ll listen to as many of these episodes as possible. We hope you’ll like them. If there’s things that we can do better, please contact us. We’re not hard to find. And thanks for putting us on your iPhone, thanks for putting us on your Android device, and thanks for listening to us through whatever your preferred podcasting platform is. Thank you.

Tagged With: Dayton accounting, Dayton business advisory, Dayton CPA, Decision Vision, Decision Vision podcast, Decision Vision podcast series, full-service accounting, Michael Blake, Mike Blake

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