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Published by Independent Business Magazine, 2016-03-14 17:18:16

IBM March Issue

IBM March Issue

Upward Projects

Ambassadors of Amazing
Hospitality: the Upward Projects

Steven Gitt, MD, FACS
North Valley Plastic Surgery
(WWW.NVPSAZ.COM)
Phoenix, Arizona.

HOW SAFEWISEAYLOTUHR?It’s Not JustWhat you Make, It’s AlsoWhatYou Keep.

Many of Arizona’s most successful business
people were blindsided by the recession and the Asset Protection Law

unimaginable loss of assets, litigation and nan-
cial hardship that came after it.

cthoamMt pmolseattjeoolrfyittehyxoopsfoetshpeeediortpholaeardnwyeelariearnbsehildiotycwkteehadalttthowleaasrn Ike Devji has over a decade of experience in this speciic
emerged and that their traditional estate plan- area of law and has been named among Worth Magazine's
ning did not protect them their during their life. Leading Wealth and Legal Advisors, is Included in Arizona's
Don’t repeat that cycle, you have the legal right Finest Lawyers, named Among North Valley Magazine's Top
ptftrohruiolniotagscckotwifvienyeodlyyuoo. rT.uhlraesburoecrcisseaasnsbdientthatenartdwpmlaayanntnoaignpegroyistoetuchrtertiohsnkesly Lawyers and has been Avvo "10.0, Superb" Rated 2011, 2012,
2013, 2014 and 2015!
Four VITAL Questions to Ask Yourself

1. Have you proactively identiied and managed the all
the professional and personal risks you can with the help of
experienced legal counsel?

2. If you lost what you have today, or some signiicant por-
tion of it, are you at an age, earning level and nancial condi-
tion that will allow you to maintain your family’s goals and

xed expenses?

3. Do you have assets that would be difficult or impossible
to replace given your current income, age, health and eco-
nomic conditions?

4. Are you nancially and legally prepared for a lawsuit
that is either uncovered by any liability insurance or which
often produces verdicts above the limits you are carrying? If
you are not comfortable with your answers, it’s time to take
responsibility and action for your nancial future TODAY. The
only effective, legal and predictable way to help you is to act
before a crisis occurs.

This planning goes far beyond what traditional estate and nancial planning alone can achieve and helps proactively identify and
manage risks and gives you the legal tools required to add predictability and peace of mind to your success.

Call today to see how your wealth can be preserved; it’s a simple process that will
identify your exposures and provide the straightforward answers you and your
family need.

AsatntodrsnoefysIukeccDeessvfjui laBnudshinisesasssOowcinateerss,hEexlepcpurtoivteesc,tDoovcetro$rs5, BRiellaiol EnsdtaotlelaErsntinrepperersnoenuarlsaasnsedtos tfhoer rasnuactcieosnsaful cl liinednitvbidausaeltsh. at includes thou-

3131 E. Camelback Road, Suite 350
Phoenix, AZ 85016 (602) 808-5540

www.ProAssetProtection.com

2 | www.Independentbusinessmedia.co

CONTENTS

4 Free Flash Drive!
Jackpot or Recipe For Disaster?

6 One Arizona Charity believes
COLLABORATION IS EVERYTHING!

8 Risk Management: The Best Defense of Your
»»p.18 Upward Projects Wealth

13 Your First Motor Vehicle Accident:
Attorney

14 Does Your Business Own Copyrights?

15 Can Acupuncture Be Your Weight Loss
Miracle?
»»p.17
»»p.8

24 The Greatest Marketing Move Coca-Cola
Probably Will Never Make

28 Restoring Women’s’ Sexual Health: A New
Era Has Arrived!

»»p.28

Independent Business Media Magazine® Phoenix| 3

FREE FLASH DRIVE!
JACKPOT OR RECIPE
FOR DISASTER?

FORENSCIS By Scott Green

4 | www.Independentbusinessmedia.co

ou’re out and about some- was designed to see how many people its way into your office? Like most com-
where and you spot a flash would do something risky. About one panies, your computer is connected to
drive lying on the ground. in five users plugged in the drives and an internal network. Depending on how
the virus is coded (and most are coded
YIf you’re like most good- then did some very risky things, such this way) it will jump from machine to
hearted people, you’d like to attempt to as: opening files, clicking on unfamiliar machine over the network and continue
to infect until there’s nothing left for it to
return the drive, before you convert it to web links, or sending messages to listed infect. Since computers are the backbone
of the majority of businesses out there,
your own use. So what do you do? You email addresses. What would happen if it would be crippling if everybody had a
non-operational computer.
plug the drive it and start going through these files and drives were loaded with a
When in doubt, give a newfound
the contents hoping that you find an nasty malware that locked your system flash drive found on the street to your
IT professional and tell them how and
email address or a phone number. After down? You wouldn’t know unless you where you found it and that it could have
malware on it. They will know what to do
all, what’s the worst that could happen? plugged it in and tried. with it and can probably make it safe for
Malware could happen. your use if you want to keep it.
In 2011, Sophos, an IT security

CompTIA, is a non-profit trade company based in the UK, studied 50

association in the IT world. In 2015 USB drives bought at a lost property

CompTIA left about 200 infected drives auction held by the transit authority.

(these drives were not going to cause 66% of these drives were infected with

major damage or data theft) in high- some sort of malware or spyware.

traffic areas in Chicago, Cleveland, San So full circle, what would happen if

Francisco, and Washington D.C. The test one of these infected USB drives made

Independent Business Media Magazine® Phoenix| 5

ONE ARIZONA CHARITY
BELIEVES COLLABORATION
IS EVERYTHING!

   COMMUNITY                                  

I believe
that in
politics
and in
all matters, COL-
LABORATION IS
EVERYTHING!

6 | www.Independentbusinessmedia.co

COLLABORATION IS who are highly at risk and victims of bestow upon us. AND we LOVE going
EVERYTHING! Especially child sex trafficking.” Just a few of the beyond that mission to support all boys,
in this election year, we dozens of charities who received benefit girls and families in need throughout
hear every day of the bick- from this gift – resulting in thousands Arizona every time we have an oppor-
ering, and the seemingly endless in- of families and children who have been tunity to do so.
fighting between our political leaders. assisted.Collaboration is defined as “to Collaboration is EVERYTHING,
Each constantly seeking a step up on the cooperate with an agency with which maybe some of our government leaders
other. This condition has led to paraly- one is not immediately connected”. should look beyond their own self cen-
sis in our government, and should cause While Arizona Helping Hands is not tered goals and objectives and figure it
great concern about how fences will be immediately connected with any of the out!
mended. Can our leadership can effec- agencies we have supported through the Learn all about Arizona Helping
tively serve all needs of the American laundry detergent endeavor, how can Hands including Who we are, What
people? I believe that in politics and all charities NOT be connected if their we do and How YOU can help at www.
in all matters, COLLABORATION IS missions include making a difference azhelpinghands.org.
EVERYTHING! for families and children in need? We Read more of Dan’s blog posts at
believe that is what charity is all about. http://www.azhelpinghands.org/blog/
We’ve run across charities who feel
threatened by other organizations and We LOVE being able to #StandUp Contact the author at dshufelt@
hesitate when it comes to working and support boys and girls in foster care azhelpinghands.org
together toward achieving an important with all of the blessings that our donors
mission. At Arizona Helping Hands,
we put our pride aside and will work
with any and all who come to the table
with pure hearts. We recently received
two semi trucks full of laundry deter-
gent. While we certainly will use much
of this gift to serve the foster families
of Arizona, this bounty is much more
than we need. We could hoard it or set
it aside for long term use, but our deci-
sion was to share with it with others, as
we have in similar past circumstances.

We have provided detergent to Save
the Family, who “empower families to
conquer homelessness and achieve life-
long independence”. We provided deter-
gent to the Ronald McDonald House to
assist in their mission to provide tem-
porary lodging to families of children
with critical medical concerns. And to
StreetLightUSA, whose President told
us, “Your timing is God’s timing – our
leadership was trying to figure out where
to get laundry detergent. We serve girls

Independent Business Media Magazine® Phoenix| 7

RISK MANAGEMENT: THE BEST DEFENSE OF
YOUR WEALTH

By Ike Devji, J.D.

    BUSINESS ARTICLE                                   

Not having one in place immediately if you don’t already have
one may be the most expensive and foolish $400 a year you
ever save*.
The Dangerous Umbrella Myth, It’s Not Supposed to
PrTohteecptrYimouaryFrmomista“kEevIe’vreytsheienngd”ozens of smart, successful
people make with umbrellas is not understanding exactly where
the shelter of an umbrella ends and exactly what is and is not
covered. In most cases, the umbrella in place covers only liabil-
osiptyteuofoyrcutlmrichceeeesylsxaiisrtpanfepuuedtcpnlhtlrbet,ieoeutplshasy,oiteontelihudfecuesryprslhletrohopomwamfoetnlasimeycseiayraob,nynlepdirmarlealoimsiufturestiilso,sttsakmaiitonsnio.ondyIbnanoitlsluh,eooaegtrathxenpcaetdtlhlruilnoywcsswgaioiosclneneai’sasst,ssnpeetarrvfhnorieaoodtnneumcosiwtftgahtthnhhaeapyeert
you will be financially responsible for. In some cases contribu-
tory negligence or an intentional act by yourself or another cov-
ered insured may negate or reduce your coverage. In other cas-
es, surprises like the exclusion of water damage claims in your
homeowner’s policy, the reduction of your medical coverage in
aitlmionnhcwscaeaulyeucrrrobsaasisecnottcachnoiedecfoaeclafetnomagatmsaob“tldpruydoean5pefnte0fhyena%i’nsvcssaeibwfeiuilyneafsorabsiounkildemelweifsnostethrkhrmee.aenInoltl’ii’tdsmmaweucilitetntusiasrs”aroeiltafcnoallygiawsocutyoauisocrvreduetp()orrwoisytnlehhiocaiiyucyntobhknauenodrltthdepmoadtorthualttiucthhcetsyeers,
yoYuotuorkseuecpcweshsarteyqouuir’vees wproorakcetdivseodheafrednstiovempalkaen.nTinhgistdoeafellnoswe what happens and what it costs, so you as the consumer must
must include the informed use of insurance in all its many take some simple steps like actually reading your policy, asking
forms as a second layer of defense, after you’ve eliminated the questions and paying attention to the “optional coverage” sec-
most obvious and controllable risky behaviors and conditions tions that show what you do and do not have covered and what
from your life. This month we discuss what every successful it is likely worth paying for.
business person must know about the insurance coverage they
sheatvsee,vaenrdy hdoayw. to fill the significant gaps that threaten your as-
The Umbrella Policy: A Vital Part of Every Asset Pro-
tecTthieonpePrslaonnal liability umbrella policy or “umbrella” is vital The Tactical Use of Specialty Liability Insurance
first line of defense that gives many successful businesses a fa- Two serious ongoing failures of both consumers and under-
cntcasailanegiluedanfntraiiltifolyssisnceebnavtsuneheeytvrneeyrmtsriohesnkaatothseflmaidasctneoeutcdnhcouhsiIcrsecirotiousfyrou.rosrAtaneintcvl$yaeey1rlrooyeMaunllmereMtsishalminkonueeememssmsoebm.fyroTdeorohlerlwwaeafet.niinItss’hsamaaesiydsgaaoe,omltusmoproodranaqoniugdutyteemioccavmtkaiefonoortnoyyr- etlstgaiiedeooyrLaunnevracr,eepysaidtsyeyoerrottfdoaourOmircarsondekiadlnvesym”:istsreoIGaoot’nvnsrloesartso,higrhsdieeeknofmyuecwbrlleeburdrnhoeedtanhdiinvniagntcivgootlipuoroli,ladnorawcselcpsoeyatrom.neheArrdvepstinlootadiyhvauafrnocasbeoiciaebdlemrltliltoaainpiacyngehbledteaireislvsin.b“tetaayessapsasstllnleeaptttdnhrpphaterrocaoortrpittimgceerheeccs---t
bile, two primary areas that consumers’ policies actually excel layLearysearnTdwadod: Areslisaebsialitvyairniestuyraonf cyeou“prrsopgercaimfic” that has multiple
at protecting you against. Relatively commonplace issues like risks
car accidents (11 million car accidents a year produce roughly tioLnaoyferasTsehtrseaen: dSpriesckisfiicnlecgasael structures that provide segrega-
40,000 fatalities) and injuries to guests and business invitees at the first two layers fail
your home can easily create seven figure liabilities. Add to that wcgAaonoseIutd’nvalaedsnutcnedaohantirstdaeopcp,curowpensrsehseasnetayaid?rtoI”ywnaoreb-fia-tostneykvandpsei,whascahnaaitvloplhueycemkescriveslbnioeeergrnnielysayltlssldauauuocpnnmlclodaielnbrsitcrsfhtoefyhuel,rleimlwaryphewaheddaoaotvpvnsitel’shtteoaeetptrvaesrwekmoraiotnseeerkngcas,ttrth“.ntyuIhe’Aogvdaueest.
tetosoohorffyenwtfthialhrhielealiiynabbcrhgieamlsiwhfttrysaado,vrymopeeolrlocueaprfsrrea)ccf,arrohttaiieprniedltdsddioomrttnehlhlinealedlyriarvosntuanehdglcrudsuote,ohrwvlioelteaifythrroayifpncocrlliyueuuebsnsmceadlaribnnas-rdbbcebuialelulilnavtlyyieecpbinsnroeegtmlcahioctaaaeymnttwcdaIeh’smsiateschcsoplce(meeeaavsrrles--l. from most professional exposures and that includes the cases
where you may actually have a “commercial umbrella” in place.

8 | www.Independentbusinessmedia.co

faabmMiliitolyisatirnbwsuuirtshainnaecsets.wToohwepnfrieirmrsstairhsyathvkeeiinradgnsednoefarlraie-l aianmbsiuloitruyenybtouthutaratlpsahodyefsqoicuraalltoefsalyscicalointvydefrionsrtahline- iaannnjcueerm.yTpohlroiiyslleneperswosvhrieodseuhslatiscnosgvufefrfroeamrgeedjofaobnr-
liability policy which you might think of structure, its replacement, the im- related duties. Coverage includes
as your “slip and fall” policy that covers provements you’ve made, and the medical and rehabilitation costs
injuries and property damage that oc- fixtures and equipment at actual and lost wages for employees in-
curs on your business premises or as a replacement value. Work with a jured on the job. The law in most
result of the conduct of yourself and your reputable company that has na- states requires some form of work-
patelcihmanmloeripyyeiotemluoieonyspsfteleloateirhanysab.iedcsirItlticp’wotsoyarivvrtfebthiontruaraecslgrueisntevsoetediosrnhosmyatpoviehnlweraiscncn,algeueedvrayaeicoshnrhuayygrvooehhutehiomvgaewihrs-- 2. ectDfliaixakoianptentheaay”brlobieiecurfnlehratcashei.mecleddhysiiasndnceosicrnunovsr’iutuacnneprticaoaneybfg.fliaMebcneufdasos,kirtnwehe“hsasbutisacerihdess fieatktuhrmeisnriys’toghdpcueaeornrntomtadtsieeplamw.cemtinpstahsltogahtteyehiseo.eeenHsmriraigpinvghlsiohtnuytcgreatarotrnhrbcsieyeuerreliaiigmfnsohdar-t
and members of the public at large. Some you are protected against the loss, 6. RAC audit insurance. Any busi-
common examples of employee liabilities theft, or intentional misuse of your ness that bills Medicare, Medicaid,
you are responsible for include car acci- clients’ (or patients’) financial and or a private healthcare provider
dents with company vehicles or while on HIPAA-protected medical infor- should be prepared to be audited
company business, including even pick- mation. Be sure you’ve thought and have payments denied or clas-
fcttwinohhliirgeoetmhyrnuittatpmyhtfiieoaaannknpaledu.unnbchwilcoaiihctlwhadontraahddtceaetyeuraa,ahnchlahdonoowdritdlheateehpnarpent,iyapdfryriepinonnrmtgteortiaaisenueccs--tt abadpcabsilelasomewceuesoedtnlaelal.sinvnatiYdrdbcaoeiblecusinolt,reyvflobeasrripuescectsedoiundprtteehishtst,eyeesmraumpmn;sodeiuilnnisocettifadsehbomslameovoitnnees- adpesdiuxueofpidmicenetidtiatno.nasnaDidnvssdceea.ftoenthThvnehecedrermipereneanaagtyssiessumaiiigcvsneoaengsivnttrersmesrectasaoagssntrfeudupcaslohovpawamrnaoielnder--
your proactive efforts, or a lack of able to handle the various costs
The second kind of insurance many them. and exposures involved.
business owners and professionals are 3. If you have employees you need This general list isn’t complete and
familiar with is known as “professional Employment Practices liability there are many other areas of complex
liability” or “malpractice: insurance in Insurance (EPLI). This covers you specialty coverage that may apply to your
many forms. This insurance covers you yfmfatoohnorraeuyrtereihmsnoeesofump,atelcopbsltaylseowteohycesfomauyvtaieotensmnrudetraadpyeig.nmoaTailhnpisrcoiislessotmseyiseyeooeoorusucnrlateahsbcooeakystff mdiibsnuoseAhwsuniocnrnttwaeanttsneooscvydefeaoaarnsuaysdsfreo-ptralyiptrfuoirepmunosrttaoayectarlcaeeyctln.yti’roitTvunsiehlinemsesstdur:pekarlfeteeeeyngoasytnriovdaiegmubastpioionlnieoslgs-tl
faaffqeoinunsrsdisapriineeosmcdcsnuiioaafteiollscsstadlddroieekuvflletiitaevsytconeeorridnsnasptetaaroprnavlpdctiiehrtcoosoeetrfshtespow,seesdrirlistioofhcownceratnahmolsroreeacsdqa,noruCncepietPsreriAooexte--tf, the most significant risks every things that have already happened
level of skill and care. Again this is a vital American business faces and you Understand that insurance is just one
layer of defense that should be carried at are statistically up to five times to of many layers of defense your success
a very high limit if available to you but be sued by an employee than for requires
which cannot be relied on by itself, only any other reason. As one specific Get all the right kinds of insurance in
as one additional layer. heroaaaxnctoshtadwsimeomrny.poeosltneuhot,efaratwyhroeeeaumrdrraepvpcsleaoparnryoatengbneeseesirbosstlveeraexenruafdot$ar5lee0vaht0ehcaKnhe- acttehhxagearHeprteiaorhreviriregeeslhonpavtcfee“iarnpdmdllaimomntuhuiBnetlt”tbcis-leflaoisbintrmyedasewninabyolsysrugkfarbriapnoensimgncigenwthbaciterohhobvakeearersndr-t
aiaosnhrutefIoosonauprasl-mmbdntohoorutaesthttctaehtscamhoapiennspieaasrlsbuybw,orlcytaeuoonaetnlcxtttshehhpueeaemnmgcveteeeantradrhstnieotttdohhucaasowwttvcohcaeoararrvknetaegwsthreheaeiregttlihpoye- 4. Directors and officers insurance, target beyond policy limits
do in the following core areas. Remem- (D&O). Regardless of your ac- Contributing Author Ike Devji is an at-
ber, even the costs of your legal defense tual title business owners and ex- torney that has devoted the last 13 years
can easily six figures, regardless of any ecutives face significant liability for of his legal practice to asset protection
actual fault or liability, so we recom- every executive decision; manage- and wealth preservation and who has
mend that $1MM is the minimum each afaapmorgsloreeejanybuscmtusattdsnheiaennacbttefieecssaswriownednadioetd,ecfeaiaptsccheietcone,ronsooumosum.nngotTaihrislnehsligiiionosanbbcps,viooclieivolotmieipcueryess-- pcIwerkeorerasemri,ctshethopeexenrnledpiascsoleuwvdpatieisrtovsroheeft2stteash0cda0otfndouodiartvsripaeoatnirhncndy$laeass5lstioqcibooifuiannlbelnaiusostltshniaicoennldnsiedeeossnlscailtsaatosbrnwiusdaebnis@snee-.
iioithsnnhfisggieutthhiepsaeeclocrrloyloeilpcivtemeeyexlrlpioaetmrofsde.syeuiIsonnthrhueoamarsctrskabithndehuodyeesuriynwcltdaaeohlssrbeesaensenampdcoIoeyatihvoynheepsarrrilveeseeteqdwxuttfihhhiosratiroes-t, to cover issues like intra company thewealthy100.com or at (602) 808-5540.
they check on the coverage limits in place disputes as well as not all threats Learn more at www.ProAssetProtection.
and they get the carrier’s response in come from outside and we saw com
writing. As just one example, many po- many partners and investors sue *this is an estimated average cost per
lices that cover data breach this way have each other during the recession. mpyoeiurlilreionuncmeidnbrleeixlalcbaeiclsiostysctoisnvseurraagne,cetaalkgetnotaanboexu-t
as little as $50K of coverage in place for 5. WIbwoidotahorrkonde’utrtsolt’efhtaismnccoyyomkvcpeinlreiaedngnseotas.ftiohsenorlvdeianostnuitrlae-
wh1a. t cHihatnuyarveatiasnns.dgilyIlto’bsasedsveaictqa$oul1vaeMtthreaaMgtelyei:moxbupuitoysnsuoutrlnieaot.ibnlilliy-t

Independent Business Media Magazine® Phoenix| 9

10 | www.Independentbusinessmedia.co

Independent Business Media Magazine® Phoenix| 11

12 | www.Independentbusinessmedia.co

Your First Motor Vehicle
Accident: Attorney

In my practice I see plenty of people torney to include copies of doctor’s notes By Dr. Bill Gallgher, DC
who have been in injured in motor and tests when filing a claim. These attor-
vehicle collisions. When I ask if they neys must have at least a basic understand- vehicle may seem minimal that in no way
have an attorney the response is usu- ing of human anatomy, physiology, and correlates to the damage that was done to
ally, “I don’t need an attorney.” As long as pathology. those inside that vehicle.
the car is repaired and the doctor bills are A personal injury attorney with any mea- To put this in perspective use should check
covered most people do not want to get in- surable experience in this area will likely your owner’s manual and see what it says
volved in a lawsuit. have a working relationship with an assort- about seatbelts. Most Asian cars will state
The change in thinking usually comes ment of healthcare providers and special- that if your vehicle has been involved in
about in the first month when the patient ists who can answer their questions and a collision the seatbelts must be changed.
comes to me and asks, “What was the name evaluate their client’s condition and prog- Most American cars will at least state that
of that attorney again?” My response to nosis. the seatbelts need to be checked. If the in-
that question usually includes a smile and With the best in the field where they have dustry understands the damage that can be
another question, “So you’ve been talking worked with a lot of doctors they also know done to the safety devices at even a slow
to the insurance company?” that up to 67% of people involved in litiga- speed, than you to need to understand that
There was a time about 25 years ago when tion are misdiagnosed. The first problem damage can occur to your body.
personal injury cases were a lot easier to here is that most doctors do not have the When this occurs you need to have your
handle. Someone who was injured in an specific training to properly identify motor body checked by someone actually knows
accident would get the care they needed. vehicle injuries. All too often the attitude what to look for and how to find it. That
The doctor would send the attorney a copy is “you look okay, therefore you must be is imperative for you to make any level of
of the file and the bills. The attorney would okay.” recovery. You also would do best to work
then forward a demand for settlement that The second problem with this is that when with a personal injury attorney who knows
basically said, “My client was injured by the doctor fails to diagnose the real prob- how to work with the doctors who do know
your client can you send us a check?” lem, then the real problem never gets treat- what to do so that you get the best level of
Even back then the individual who would ed. Someone who is injured in a collision financial recovery too.
represent themselves in dealing with an and goes to the emergency department and Dr. Bill Gallagher, DC founded the Ameri-
insurance company would have the pro- is told that it is a sprain or muscle spasm can Academy of Motor Vehicle Injuries to
verbial fool for a client. The changes that could be in for a lot of long term problems teach doctors and lawyers how to properly
have occurred in this industry in the past because of what else was missed. diagnose, document, and manage injuries
25 years makes the process of negotiating While plenty of victims do suffer ligament commonly seen in motor vehicle collisions.
with an insurance company one that re- sprains or muscle spasms, most are more His practice is in Scottsdale and he can be
quires the advanced education and experi- severe injuries that are not obvious to the reached at 480-664-6644 or drbillgallagh-
ence that only an attorney specializing in untrained eye and are the reason why study [email protected].
personal injury work could have. after study finds long term problems after
No matter how many Law and Order or a collision.
Perry Mason programs you have watched For me, my program with the American
you cannot begin to know what a well- Academy of motor vehicle injuries teaches
trained attorney knows about personal in- doctors how to find these problems, how
jury work. to document them with the proper testing,
Unlike many other areas of the practice of and how to manage the treatment of those
law, with personal injury cases a successful injuries. In working with attorneys I have
attorney needs considerably more educa- always recommended to patients that they
tion. In any area of law and attorney will work with a personal injury attorney, not
know which forms to submit, what format an attorney who does personal injury too.
to utilize, and the statutes of limitations If you are ever involved in a motor vehicle
that determine exactly how much time is collision you would do well to work with
available for each and every procedure. a doctor who understands the injuries as-
With personal injury attorneys those stan- sociated with this. You would do equally
dards are just as important. well to have an attorney who knows how to
What sets these attorney’s apart is how work with these doctors. Is also important
much medical knowledge they need in or- to understand that while the damage to a
der to succeed. It’s not enough for this at-

Independent Business Media Magazine® Phoenix| 13

Does Your Business
Own Copyrights?

LEGAL PERSPECTIVES

By Maria Crimi Speth

Imagine that as your company is an up- include a business’s website, software, prod- fringement greatly increases your negotiating
start weapons manufacturer breaking uct packaging, marketing materials, and any power to avoid litigation.
into an extremely competitive market. written or graphic works that you might cre-
You’re putting together a presentation ate in connection with your business. A party Returning to our initial scenario, your
for potential clients. In order to make the cannot hide from copyright protection by company owns the copyright of the brochure
strongest impact, you hire a full-time de- merely making modifications to the work. If because it was created by your employee and
signer to create brochures for your clients. you create expressive materials in connection was her original work. Had the designer
The day before the presentation, the designer with your business, you need to be aware of been an independent contractor, your com-
shows you the brochure and you’re very im- how ownership is determined and how to pany would have much more limited options.
pressed. The designs are breathtaking, the best protect your copyrights.
layout is clear and concise, and it gives the Tips:
impression that your company is always one The creator of the work owns copyrights Get written agreements with creators who
step ahead. When you present to potential unless the work is “made for hire.” If the cre-
clients, orders flood in. After the CEO of ator is an employee and the work is created are not employees;
Poser Corp. finds out who designed the bro- in the course and scope of his or her employ- Include a copyright notice;
chure, he hires your designer and promises ment, then the employer owns the work. If an Register with the United States Copyright of-
an increased salary. After weeks of strong outside contractor creates the work, however, fice
sales, you learn that Poser Corp. is using a he or she owns the copyrights absent a writ- Benefits of registration –
substantially similar brochure, with its logo ten agreement that vests ownership in your proves ownership;
on the cover sheet. The question becomes, company. Copyrights cannot be transferred you cannot file suit until registered
who owns the copyright in the brochure? Do through a verbal agreement. Thus, when if you register before infringement, you can
you own it, despite not including a copyright you commission someone to create a work receive attorney’s fees
notice or registering it with the US Copyright for your business, have them sign a written
Office? Does your designer own it because agreement. if you register before infringement, you
she created it? Or does Poser Corp. own it can recover up to $150,000 per infringement
now that your designer works for them? Once ownership is clear, your next focus is without proving damages.
how to best protect your copyrighted works.
Simply put, copyrights protect the expres- While not required, it is good practice to About the author: Maria Crimi Speth is a
sion of an idea. Copyrights extend only to include a proper copyright notice on the shareholder and intellectual property attor-
original works of authorship. These may work. A copyright notice starts with the © ney at the Phoenix law firm of Jaburg Wilk.
symbol, followed by the year of publication, She is the department head of the intellectual
followed by the owner name. A copyright property group and has expertise in copy-
notice affects the determination of willful- right law, trademark law, and Internet law.
ness in the event of an infringement. Also, She focuses on litigation involving intellec-
although registration of the copyright is not tual property rights. Ms. Speth is the author
required, it is an inexpensive process and you of the book, Protect Your Writings: A Legal
can greatly increase the damages you can Guide for Authors. She can be reached at
recover in the event of an infringement by 602.248.1000 or [email protected].
promptly registering the copyright. Perhaps
more importantly, a registration prior to in-

14 | www.Independentbusinessmedia.co

Can Acupuncture Be Your Weight Loss
Miracle?
By Teri Elkins, BS, CHC, CPT

I’ve been on many “diets” during these individuals not receiving acupuncture. in appetite and cravings with acupuncture
past 20 years. I’ve tried the fat-free, There is no “one-size fits all” when it comes alone. However, proper nutrition that in-
Weight Watchers, Atkins, low-calo- to acupuncture treatments. Treatments are cludes meal planning and exercising can
rie, low-carb, Slim Fast, and all juice designed to treat the root of the imbalance speed up your weight results and help you
diet. And I did lose weight with all these in the individual; thus the point location keep off the weight for good.
diets; however, I was never able to keep the may vary with each session and each indi-
weight off for very long. vidual. Before visiting any medical professional,
do your homework! The state of Arizona
Could Acupuncture and Traditional A common treatment for losing weight does require all acupuncturists to be board
Chinese Medicine (TCM) finally be the an- are certain points on the ear and is known certified by the National Certification
swer to losing weight and keeping it off for as Auricular Acupuncture. This type of Commission of Acupuncture and Orien-
good? This was a questions I badly wanted acupuncture has been shown to be very tal Medicine (NCCAOM). You can find
answered! effective for certain individuals for weight a licensed Acupuncturist in your area by
loss. TCM describes the human ear as a visiting http://archiveacupuncture.az.gov/
Acupuncture and TCM addresses the “micro-system” of the body in an inverted DaEngine.asp
psychological and physiological aspects of fetal position. The ear contains points that
weight loss. TCM believes that the root of relate to all the major organs of the body Today, I network with local acupunc-
excess weight is an imbalance within the such as: turists and offer health coaching, personal
body caused by malfunction of the spleen training and develop meal plans tailored to
energy, which is responsible for proper Mouth - for the impulsive eater who may each patient to ensure they are successful at
functioning of the digestive system, and en- also smoke a lot and talk a lot reaching and maintaining their weight loss
suring foods that are consumed are trans- goals. If you are tired of spending money
formed into “Qi” (pronounced “chee”), Stomach - for the person who eats even on “diets” that don’t work or thinking about
which is the vital substance of life. after they’re full or who’s constantly nib- weight loss surgery, I encourage you to give
bling acupuncture a try.
The liver, which is responsible for proper
flow of your body’s Qi, blood (in addition to Hungry - for general appetite control Cheers to Your Health + Happiness,
your emotions) running nice and smooth. Lung - for food addicts, and people who Teri Elkins, BS, CHC, CPT
Due to today’s fast-paced lifestyle, many in- love chocolate, sweets www.terielkins.com
dividuals experience a great disharmony in Shenmen - a calming point, for the psy- References:
the spleen and liver. Most often, these in- chology overlay for anxiety, anger, frustra- Joswick, D., L.Ac., MSOM. (2015). The
dividuals will experience issues with their tion, insecurity Acupuncture Weight Loss Solution. Acu-
digestive system, metabolism, cravings that Endocrine - for water retention that’s re- Finder.com. Retrieved from https://www.
leads them to overeating eating. sponsible for some of the weight gain acufinder.com/Acupuncture+Information/
Adrenal and Ovary - if weight gain is due Detail/The+Acupuncture+Weight+Loss+S
  In 2003, a study that was published to menopause or P.M.S. olution
in The Journal of Medical Acupuncture Spleen  - for sugar imbalances and hor- Smith, D.L. (2015). 13 Weight Loss Reso-
showed that individuals who were receiv- monal disturbances lutions You Shouldn’t Make. Health.com.
ing acupuncture treatments for weight loss Kidney  - for water retention, and ner- Retrieved from http://www.health.com/
lost nearly three times more weight than vous system and hormonal imbalances health/gallery/0,,20762322,00.html
Thyroid - for slow metabolism
During a treatment the acupuncturist
chooses two or more of these points for
each treatment depending upon the pa-
tient’s problem and personality profile re-
garding overeating.
Acupuncture treatments for weight loss
usually consists of once or twice a week
until the goal weight has been reached.
Most individuals report a marked decline

Independent Business Media Magazine® Phoenix| 15



POSTINO KIERLAND

    BUSINESS DINING                                     

Restaurant Name: Postino Kierland
Web Site: www.postinowinecafe.com
Address: 7030 E Greenway Pkwy, Scotts-
dale, AZ 85254
Phone Number: (602) 899-1111
Hours of operation:
M-Th: 11am-11pm
F: 11am-12am
Sat: 9am-12am
Sun: 9am-10pm
Food Type sold: Italian, WineBar, Brunch,
Dessert
Price range: $$
Most popular dish: Bruschetta

Independent Business Media Magazine® Phoenix| 17

18 | www.Independentbusinessmedia.co

Upward
Projects

By Susan Cushing

Ambassadors of Amazing
Hospitality: the Upward Projects

Though it appears that they’ve cap- time, all are graduates of Arizona State Postino has served to ignite the Arcadia
tured lightening in a jar, for Lau- University. (Go Sun Devils!) neighborhood.
ren Bailey and Craig DeMarco,
co-founders of Upward Projects, “Craig and I both started our industry An inviting ambience and robust menu
there’s nothing magical about the over- careers on Mill Avenue,” says Lauren. “We might be a great start, but as any restau-
whelming success of their close to a dozen both came from the Mill Avenue corridor rateur will tell you, the actual delivery of
restaurant locations. Upbeat, positive at- of restaurants, he worked at Balboa Café these is critical. Bottom-line, you’re only as
titude, combined with enlightened imagi- and I was at P.F. Chang’s, all through col- good as your staff.
nation and a real passion for history and lege. That’s pretty much where we were
architecture, form the foundation of their rooted in hospitality and discovered our “We are surrounded by the most amaz-
company. Add to that, innovative, palate love for the restaurant business. ing people,” says Craig. “If there’s one thing
pleasing cuisine and luscious libations, that Lauren and I take credit for, it’s that
and you have the framework for success! “In fact, Craig was kind of like the mayor we’ve done an amazing job of attracting
of Mill Avenue,” she adds with a laugh. the absolute finest people to join our team.
When Upward Projects moves into the They work tremendously hard, and share
neighborhood, excitement and anticipa- “We have great Tempe ties and history, our core values and passion. Although,
tion fill the air. Embracing the historical and it’s so fun that we have a store there Lauren and I have the opportunity to sit
significance and nostalgia of older build- now after all going to school on that cam- on panels and be interviewed and we get
ings, their first job is to adapt their brand pus,” says Craig. the credit for the success of the company,
to fit the ambience of the neighborhood. that really needs to be shared with the peo-
Special Delivery ple on our team who are the ones execut-
“That’s really something that brought ing and interacting with our clientele on a
us all together,” says Craig. “Our passion This story all began in 2001 with Pos- daily basis.”
for historical and architectural relevance. tino, the Valley’s original wine café. Draw-
We love being surrounded by residential ing on recollections of a visit to small town Growing Pains
neighborhoods, and we have a deep com- in Italy, Postino (post office in Italian), was
mitment to becoming part of the commu- actually carved from the 1950’s Arcadia “It’s always a wild ride in the restaurant
nity. It’s really our higher purpose.” Post Office building. business,” says Lauren, “you never know
what you’re waking up to. But, early on, it
DeMarco refers to “all” because both his Now, something of a landmark in its was basically the growth. We always lov-
wife Kris, and Lauren’s husband Wyatt, are own right, this delightful local haunt ingly say, we have shiny object syndrome.
essential partners in the business. Interest- speaks to the essence and heart of Upward Craig is really into real estate and really
ingly, though not necessarily at the same Project’s philosophy. A casual atmosphere great at finding amazing sites and study-
accented with local artisan touches, rich, ing the town for what’s happening in these
hand-carved wood wine wall, iconic ga-
rage doors, and a cozy candlelit patio,

Independent Business Media Magazine® Phoenix| 19

20 | www.Independentbusinessmedia.co

neighborhoods. It’s almost like he has a Lauren. “First of all, we pliments
sixth sense for what’s going to spark a new have a high level of regarding
start in a neighborhood, beginning first commitment from the various situations.
with Arcadia and then coming over to staff. As Craig likes to Emails have included everything from “we
Central and going on to Gilbert. say, they don’t use us want you to change the music playlist at
as an ATM machine, the store” to “our manager is amazing”. The
“In the beginning these deals were com- they are really dedicated point being, the open communication is as
ing hard and fast,” she continues. “The big- to the restaurants and feel important as the messages delivered.
gest challenge we had was learning how to like they’re theirs. So, when
grow the company and maintain the con- something’s not going right, or And Lauren and Craig are quick to
nection first, with our employees, and then we’re doing something that isn’t fitting in
subsequently with our customers. As we with our core values, they’ll definitely let respond.
continue to grow, that remains an ongoing us know.”
challenge and always looking to innovate “That really helps us keep a pulse on
new, authentic ways of doing that. We fo- Keeping the Lines Open what’s happening in the restaurants, and
cus on our employees first and foremost, maintaining a swift nature of correcting
and with our culture, we know that trickles “As we’ve grown we’ve had to find meth- things or making changes. It’s much faster
down to the guest experience. We believe ods for them to let us know, in a faster, eas- than the more traditional ways of gather-
in that wholeheartedly.” ier way,” adds Craig. “One of thing’s we’ve ing information,” says Lauren. “It’s almost
done is created what we call the Board of like a smoke detector. When somebody
Now, with more than 650 employees, Directors for every store. It’s based on ten calls something out, or we’re seeing a lot of
one of the greatest priorities has become percent of the employee population, so if feedback coming from a particular store,
how to stay connected and in-touch. Just there are 80 people working in that par- it alerts us so that we can go in and do a
as their approach to design and menus are ticular store, there are eight people on the deeper dive with our leadership team.”
unique and personal, so too are the ways board. The board brings up topics that are
they’ve managed to keep the close-knit, important, not only to their crew, but as A happy, invested employee will always
open communication alive. well as the restaurant.” translate into a better customer experience.
One only need visit any one of the many
“There are a couple things we do dif- “One awesome example of what the locations within the Upward Projects fam-
ferently from other companies,” explains Board of Directors have brought to the ily, (Postino, Churn, Federal Pizza, Wind-
table,” interjects Lauren, “is, as we’ve in- sor, or Joyride Taco House) to see firsthand,
We troduced in new employees, their sections the kind of camaraderie, motivation, and
feel it’s have become smaller because they can’t simple courtesy, the staff exudes.
very handle as many tables. So, we wanted to
important for think of ways to ingratiate these new peo- Further proof of this unique employer/
people to un- ple into the team to help make them more employee relationship, can be found in a
derstand how successful and get them to a place where recent poll featured in AZ Big Media listing
deeply we they are able to handle a larger section the Top Ten Offices We Wish We Worked
care about faster and more successfully. One of the In. Upward Projects ranked number five,
neighbor- ideas that the Board of Directors came up with glowing praise and incredible em-
hoods and with was to introduce a mentorship pro- ployee benefits.
community,” gram. So now, when you get hired on at
Upward Projects, you’re assigned a men- Deep Roots – Lasting Ties
tor to guide you through that initial stage
of getting into the mix and learning the Just as they are respectful of existing
ropes. It also serves as a means to get per- neighborhood character, history and archi-
formance feedback.” tecture, Upward Projects is deeply commit-

The company also established a special
email address, IThink@upwardprojects.
com, where employees can feel free to
share thoughts, ideas, concerns, or com-

Independent Business Media Magazine® Phoenix| 21



ted and active in their local community.
Both individually and as a company, they
contribute and participate in a variety of
community programs, charities, and orga-
nizations.

Lauren serves as a board member of
Local First Arizona, is a member of the
steering committee for Devour Phoenix,
was named the 2015 Outstanding Women
in Business, and also serves as an active
member of Big Brothers/Big Sisters of
Central Arizona, just to name a few.

For his part, Craig recently participated
in a dancing competition fundraiser for
the National Kidney Foundation, is an ac-
tive member of Arizona’s chapter of YPO,
is a founding member of Devour Phoenix,
and was inducted into the Arizona Culi-
nary Hall of Fame as Restaurateur of the
Year.

They are enthusiastic supporters of local
schools and the Children’s Hospital.

“We feel it’s very important for people
to understand how deeply we care about
neighborhoods and community,” says
Craig. “We like making money, but ulti-
mately we do believe in a higher purpose.
The day that stops, we’ll burn down the
whole thing.”

Both Lauren and Craig have growing
families. Lauren and Wyatt have a three-
year-old son Blake, and Craig and Kris
have two sons, nine-year-old Chaz, and
A.J. who is four.

Just Getting Started

With eleven locations throughout cen-
tral Arizona as well as Denver, Upward
Projects will soon celebrate the opening of
their twelfth location. Plans for the future
include expanding into nearby states as
they have in Colorado.

With the success they’ve already real-
ized, it’s apparent that for Upward Projects
there’s nowhere to go but, up!

For more information on the family of
stores please go to: www.upwardprojects.com.

Independent Business Media Magazine® Phoenix| 23

THE GREATEST MARKETING
MOVE COCA-COLA PROBABLY
WILL NEVER MAKE

   BRANDING                                  

As someone who grew up on the My first job was as a warehouse stock boy instantly cried foul and made so much
late 70’s to mid-80’s I’ve always when New Coke was introduced in 1985. noise Coca-Cola knew they had made a
had a soft spot in my heart As history tells the story, the experiment huge mistake. The revolt was on and Coca-
for Coca-Cola products. Back went bad and quickly. Loyal Coke drinks Cola changed course and brought back the
then sugary soft drinks didn’t mean much instantly cried foul and made so much original soda as Classic Coke.
to parents or local school officials. Grab- noise Coca-Cola knew they had made a
bing a can of soda was as good as grabbing huge mistake. The revolt was on and Coca- For a 17-year-old, I was on the front line
for water in those days. Things seemed Cola changed course and brought back the as I had to haul the old Coke out, haul New
simpler back then when I had a “Coke and original soda as Classic Coke. Coke in, haul New Coke out and then haul
a smile” and my mom had a “Diet Coke Classic Coke back in again. Furthermore,
with less than one calorie”. For a 17-year-old, I was on the front line customers seemed to enjoy taking out their
as I had to haul the old Coke out, haul New frustrations on me about how their pre-
Pepsi Pushes Coke Over The Edge Coke in, haul New Coke out and then haul cious fizzy drink of choice was gone for-
Classic Coke back in again. Furthermore, ever. Lucky me.
Around 1983 or so, Pepsi went right af- customers seemed to enjoy taking out their
ter Coke with “blind” taste tests. The cam- frustrations on me about how their pre- What Went Wrong?
paign was relentless at telling soda drink- cious fizzy drink of choice was gone for-
ers that people preferred Pepsi over Coke. ever. Lucky me. Coca-Cola changed Coke’s secret for-
Apparently, this taste test move deeply af- mula to make it sweeter and closer to Pep-
fected insiders at Coca-Cola because they Introducing New Coke si. Years later it turned out in studies that
were about to make the biggest decision in people preferred the taste of Pepsi over
branding history. My first job was as a warehouse stock boy Coke in small samples (like a taste test) not
when New Coke was introduced in 1985. when given larger quantities. To cap off the
Pepsi Taste Test Commercial As history tells the story, the experiment campaign, Coke redesigned its packaging
Introducing New Coke went bad and quickly. Loyal Coke drinks - another jolt to their faithful drinkers. In

24 | www.Independentbusinessmedia.co

a short time, Coca-Cola created two to the Following this move, all Coca-Cola Zero the competition. Especially, in the well-
most talked about brand moves ever. brands follow suit. established soda game. And if Coca-Cola
does it first and leads the way all others are
Soda’s Struggle Today This Is Ridiculous! copycats, also-rans and late-to-the-party.

Now, of course, times are much different Hear me out. In swapping out Coke Replacing all lines with Zero brands also
and much harder on soft drinks and their Classic for Coke Zero, no emotional cuts down on Coca-Cola’s very large and
makers - especially Coca-Cola. Our politi- markers are interrupted. The original essentially doubled up product offering -
cally correct world has singled out sodas taste and the traditional packaging re- which is always a good move. Shrinking
loaded with sugar (rightly or wrongly is a main intact. For all intents and purposes, line extensions gives Coca-Cola more su-
debate for another time). To Coca-Cola’s Coca-Cola could pull this switch off now permarket shelf space and fountain drink
credit, they have found ways to pull the and nobody would know the difference. space to feature more of its lineup.
pure sugar out of their soda line and have I’m not suggesting this kind of move as it
offered up Zero line extensions (Coke is deceptive in nature and would do more Eliminating Coca-Cola “classic” brands
Zero, Sprite Zero, Mello Yello Zero, etc.). harm than good. has legs against the sugary mega-caffeinat-
Coca-Cola smartly has put a lot of time ed Energy Drink market too. (As an added
and energy into perfecting the zero calorie Think of how differently Coca-Cola bonus to old school Coca-Cola insiders, it
options without losing the taste. It’s time could market its products: If you love the could be some sweet payback for Pepsi’s
to take this tactic to its ultimate conclu- taste of Classic Coke you still get it and Taste Test campaign – just sayin’)
sion. without the sugar. And to the gate keepers
like school officials, parents, local, state and Conclusion
What’s This Big Move Then? federal officials and everyone else who has
an issue with sugar-filled sodas contribut- So there it is – the greatest marketing
What can Coca-Cola possibly do to ing to obesity - there’s no more sugar – go move Coca-Cola could make…and most
shake the big bad sugar perception? The after those other brands and their makers. likely won’t. Once bitten twice shy I guess.
first step is to eliminate Classic Coca-Coke
from its lineup. Yes, you can reread the How Coca-Cola Can Leverage It I’m aware that since I’m shouting this
previous sentence. I’ll wait. Stay with me from the cheap seats (I don’t work for the
now…stop offering regular Classic Coca- This radical move will allow Coca-Cola to Coca-Cola Company), I have zero account-
Cola and move Coke Zero in its place. position all other soda brands loaded with ability for executing this brand strategy.
sugar as the “bad” guys. It’s not very often
OK here’s the real kicker – Coke Zero a brand has the opportunity to re-position I’m very interested in hearing your thoughts
becomes regular Classic Coca-Cola AND on this idea and how crazy it really is.
is sold in regular Classic Coca-Cola cans.
I’m off to have a Coke Zero and a smile.

Independent Business Media Magazine® Phoenix| 25

Jaburg Wilk Named Best Intellec- ences and this award really reflects our leading national law firm focused on IP
ability to meet those goals.” and IP Litigation as well as health care,
tual Property Firm financial services, real estate, corpo-
Polsinelli in Talks to Build Larger rate services for middle market clients,
PHOENIX, Ariz. (Feb. 22, 2016)- Phoe- National IP Practice and Expand and business litigation,” said Chair-
nix business law firm Jaburg Wilk was man Russ Welsh. “We are extremely
named the Best Intellectual Property law Footprint pleased to welcome this talented team
firm in the valley by Arizona Foothills of IP attorneys. They will significantly
Magazine in their ninth annual Best of PHOENIX, Az. (February 19, 2016) deepen our firm’s bench in all mar-
Our Valley contest. Polsinelli has been in talks with senior ket segments for IP and IP litigation.”
leadership of the Intellectual Property About Polsinelli Polsinelli is an Am
Arizona Foothills magazine asks read- firm, Novak Druce about combining Law 100 firm with more than 750 at-
ers to vote for their favorite valley people, the two firm’s IP practices, with a group torneys in 17 offices, serving corpora-
places and more. The contest is answered of their highly experienced intellectual tions, institutions, entrepreneurs and
with millions of votes. property attorneys joining Polsinelli. individuals nationally. Ranked in the
This will further build the firm’s na- top five percent of law firms for cli-
Jaburg Wilk’s Intellectual Property tionally recognized Intellectual Prop- ent service*, the firm has risen more
group is led by Maria Crimi Speth, who erty practice and meet the growing than 100 spots in Am Law’s annual
has been practicing Intellectual Property demand for post grant patent work. firm ranking over the past six years.
law for more than 25 years. The team in- With this deal, Polsinelli’s IP practice Polsinelli attorneys provide practical
cludes Laura Rogal, whose focus is start- would be among the country’s largest. legal counsel infused with business
up and technology-based companies, The firm intends to continue expand- insight, and focus on health care and
Aaron Haar whose focus is trademark and ing its footprint nationally, adding new life sciences, financial services, real
copyright infringement cases and Michael offices in Houston and Boston as part estate, technology and biotech, mid-
Dvoren who handles a wide range of of this deal. Final numbers of lateral at- market corporate, and business litiga-
intellectual property litigation.The group’s torney moves and new office openings tion. Polsinelli attorneys have depth
expertise includes representing businesses will be determined upon completion of experience in 100 service areas and
in lawsuits in state and federal courts of the deal. Final discussions are ongo- 70 industries. The firm can be found
involving trademark infringement, copy- ing. “The expansion of our IP practice online at www.polsinelli.com. Polsi-
right infringement, trade secret litigation aligns with our strategic plan to be a nelli PC. In California, Polsinelli LLP.
and patent litigation. For more information, contact: Kelsey
Rockey, Parris Communications
“We really appreciate this award be- [email protected]
cause it comes directly from our clients”,
said Jaburg Wilk attorney Laura Rogal.
“Jaburg Wilk’s Intellectual Property Group
is passionate about their clients’ experi-

26 | www.Independentbusinessmedia.co





Restoring Women’s’ Sexual Health:
A New Era Has Arrived!
by Steven Gitt, MD, FACS
When I began my Plas- over 90% of our SUI patients are cured. North Valley Plastic Surgery
tic Surgery practice in Coincident with the CO2 laser wave, an-
1993, I was already well other device has sought to garner a portion Southern California cosmetic surgeon and
trained in pelvic and of the market. ThermiVa™ is a monopolar Gynecologist), I am serving on the clini-
genital surgery. Yet since that time, just radiofrequency (RF) device adapted from cal advisory board for Restoring Women’s’
about everything in the field has changed. a vintage 2000 cautery machine. Com- Sexual Health: A New Era Has Arrived!
All we had to offer our patients at that time pletely unsupported by data and without Steven Gitt, MD, FACS North Valley Plas-
was surgery and/or estrogen based creams. FDA clearance for vaginal use, this com- tic Surgery (WWW.NVPSAZ.COM)
We did posterior colporrhaphy for tight- pany has marketed ThermiVa (illegally and
ening and anterior repairs for Stress Uri- unethically according to many sources) for Phoenix, Arizona. the Venus Concepts
nary Incontinence (SUI). Then along came vaginal rejuvenation. Such sham market- new Fiore device and we will be gather-
the injectable fillers, the mesh repairs and ing has captured the fancy of many un- ing data to in order to properly obtain
other implants. In about 1996, Dr. David trained non-physicians and physicians FDA clearance BEFORE the device is re-
Matlock first described ”Laser Vaginal alike, as well as various uninformed and/or leased onto the market. Lastly, Viveve is
Rejuvenation” (LVR)™. The initial rollout unscrupulous businesses. ThermiVa does another outstanding company that has
of LVR was met with mixed emotions, at not work for vaginal rejuvenation and, un- been cleared for Feminine Rejuvenation in
least partially due to the commercial-mar- less the laws of physics, mother nature and other countries and that company is also
keting approaches that were undertaken. wound healing are held in abeyance for matriculating through the FDA clearance
Many of us, myself included (I am almost these folks, ThermiVa is likely a complete process in an honest and ethical fashion.
embarrassed to admit now), were openly and total scam. The astute reader who does
skeptical. Well, time has certainly been her homework will look to Key Opinion Steven Gitt, MD, FACS, is a board cer-
kind not only to LVR, but to the entire leaders such as myself for scientifically tified Plastic Surgeon (American Board
concept of non-surgical vaginal rejuvena- valid recommendations based upon evi- of Plastic Surgery) and an internationally
tion. Fractional Carbon Dioxide (CO2) dence based medicine, factual data, and recognized authority on feminine rejuve-
laser resurfacing has been commonplace REAL patient experience. Go to http:// nation technologies. Dr. Gitt speaks na-
for 10+ years but only in the last few has www.nvpsaz.com/body/genital-surgery- tionally and internationally on a variety
this technology become mainstream for overview/ for more information. On the of Aesthetic & Plastic Surgery topics. He
internal vaginal rejuvenation. Mona Lisa other hand, there are ethical companies is a consultant to, and spokesperson for
Touch by Deka (Italy) and FemiLift (the developing new RF based devices for femi- Alma Lasers, Venus Concept, Vivace, Al-
CO2 Pixel laser) by Alma lasers (Israel) nine rejuvenation who are taking a truly lergan Medical (Botox, Juvederm, Voluma,
were the first devices to successfully hit the scientific approach by gathering data and Skin Medica, Seri Scaffolding and Natrelle
market, starting in Europe, South America getting formal FDA clearance for vaginal Breast Implants), Syneron-Candela and
and Australia. When these groundbreak- use (something that ThermiVa never both- others.
ing technologies first appeared on the ered with) before making claims of treat-
American market, this country was ready. ment success. Venus Concepts, a reputable Steven Gitt, MD, FACS, is Clinical As-
The initial data indicated that 93%+ of and well established purveyor of aesthetic sistant Professor of Plastic Surgery at the
women who had FemiLift for Post-Meno- devices, is now working on their Fiore, a University of Arizona, Phoenix School of
pausal Vaginal Atrophy with Dyspareu- novel new device that combines RF with Medicine. Dr. Gitt is a renowned key opin-
nia resolved their symptoms, and 60%+ Pulsed Magnetic Fields to achieve effective ion leader, researcher and spokesperson in
with Stress Urinary Incontinence (SUI) feminine rejuvenation of both the inter- Plastic Surgery and Aesthetics and serves
responded with complete resolution. Our nal vaginal canal and the external vulvar as consultant to many companies (includ-
clinical impression, after having done sev- structures. Along with Dr.’s David Mat- ing Alma lasers, Venus Concepts, Allergan
eral hundred FemiLift treatments, is that lock (of Dr. 90210 fame), Alan Wu (noted Facial Aesthetics, Merz Medical and oth-
ers). Dr. Gitt may be reached at DrGitt@
NVPSAZ.COM

Independent Business Media Magazine® Phoenix| 29


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