9/30/2004

One Small Step for Entrepreneurs....

From The Entrepreneurial Mind:

"The Office of Advocacy of the SBA reports on another positive development in the fight to get government out of the way of entrepreneurs.

'Small businesses will find it easier to comply with complex and confusing federal regulations, if a bill recently introduced by Senator Olympia Snowe (R-ME) becomes law.

'The Small Business Compliance Assistance Enhancement Act of 2004 (S. 2834) amends the 1996 Small Business Regulatory Enforcement Fairness Act, a law that bolsters the Office of Advocacy's ability to reduce regulatory barriers that can stifle entrepreneurial growth. S. 2834 places new emphasis on compliance guides that agencies are required to write so that small businesses can better understand complex rules and regulations.'"

Trade Agreement Signed for Microbusinesses

From Law & Entrepreneurship News:

"Representatives from the US and Mexico signed a "mini-NAFTA" agreement on Monday designed to benefit microbusinesses - companies that employ five workers of less. Tuesday's issue of the Tuscon Citizen reports that the deal will reduce the barriers to trade for the smallest of businesses. The goal of the project is to establish a strong support system for companies of both countries. It will also aid in education of trade laws and usage of the internet to sell across borders. 52% of all US businesses are microbusiness. "

Tech Startups Face New Reality

The days when a young software hotshot could raise millions by talking to a gray haired millionaire she met in a coffee shop are over. Today, technology startups seeking venture capital investments encounter a financing landscape that presents a different, more discouraging picture.

For those early-stage entrepreneurs, however, with unique technology and a viable business model, venture capital funding is increasingly becoming available. The trick for the entrepreneur is to position the startup so that it is viewed favorably in today’s more risk averse, back-to-basics investing climate.

In today’s market, venture capitalists are often focused on later-stage companies, spin-offs, and public companies, which are often valued as low as any startup. VC's that invest in startups are demanding greater preferences for their investments. They are also negotiating lower company valuations, investing smaller amounts and linking additional funding to the achievement of financial or product development milestones.

Venture capital is returning to its roots. What was once old is now new again. Funding is being provided to startups with terrific growth prospects that utilize proprietary technology to solve a “point of pain” in an industry or organization. The paradigm is real companies with real business plans solving real problems.

In today’s climate, “bootstrapping” is often a necessity. Bootstrapping is a means of financing a small firm through the creative acquisition and use of resources without raising equity from traditional sources. Bootstrapping is characterized by reliance on personal savings; funds from friends, family and “angels”; internally generated retained earnings; credit cards; second mortgages, and customer advances, to name but a few sources.

Of course, some ideas require capital beyond the means of the founders of the business. Yet, for most startups, gone are the days where the “big idea” plan is presented to the venture fund, a large gob of money is obtained and then the work begins. Today, venture financing is more likely to go to companies that have spent their own time and money to develop a proprietary technology and that actually have paying customers, if not profits.

As to exit strategies, until a stronger IPO market emerges, venture capitalists are looking at mergers and acquisitions as their preferred liquidity events. To receive funding, technology entrepreneurs are well advised to plan to be acquired by a major player in the industry.

It is not enough, however, to simply talk about being acquired. The entrepreneur should envision the scenario in detail: How will it happen? Who are the likely acquirers? What kind of acquirer will it be? How will valuations be determined? What is the likely timetable? The business model an acquirer is most likely to find attractive in today’s market is one that has seen not only rapid growth but also profitability within three to five years.

Another key to success is adaptability. Business plans with built-in flexibility have the best chance for success. For example, if you are unable to raise the $1 million you are seeking from traditional venture capital sources, but can raise $300,000 by going to individual investors, consider adjusting your plan to make the smaller amount work.

And forget about pie-in-the-sky valuations. Living with reasonable initial valuations is essential for a start-up to receive venture funding. This means that entrepreneurs should be prepared to give up more of their ownership interests in order to obtain financing.

Finally, it pays to be in a “space” that is currently in favor. Hot areas for investment include computer and network security; wireless networking technology; internet infrastructure, certain biotechnology and healthcare sectors and business application software.

It is not enough, however, to be operating in a hot space. What is needed is a unique technology, a viable business model, a head start in the marketplace and a cost-effective solution that addresses a true “point of pain.” The paradigm is real companies with great prospects and real business plans solving real problems.

This is an updated version of an article originally published in the PIttsburgh Post Gazette

SBIR Grants Exclude VC-Backed Startups

This editorial from The Seattle Times calls for changes in the SBIR program stating:

"The Bush administration is interpreting a federal rule governing small-business innovation research grants in a way that hurts biotech and high-tech startups.

Directed by the White House, the Small Business Administration began in 2001 excluding such com-panies from receiving small-business grants if 49 percent or more of their funding came from venture capital. "

Via Moreover Technologies

Effective Compliance Programs under the Amended Sentencing Guidelines

This article from Mayer, Brown, Rowe & Maw LLP from Mondaq (free registration required) explains:

"Simply having a code of conduct is not enough for the purposes of the Sentencing Guidelines. A code of conduct is an integral part of an effective compliance and ethics program, but it is not the only part of one."

Congress Extends Tax Cuts; Adds New Tax Relief

From The SOHO Daily News:

"Congress has acted to extend the life of popular tax reductions that were due to expire at the end of this year, averting a tax 'increase' for virtually all taxpayers. The measure also gives a reprieve to expiring business and special-interest tax breaks, tidies up the tax code, and offers a further one-year 'fix' on the alternative minimum tax.
The Working Families Tax Relief Act of 2004 extends the life of four popular 'middle class' tax breaks. The child tax credit is extended at its current $1,000 per child level, the 10-percent income tax bracket will stay at its current level (adjusted for inflation) and two 'marriage tax penalty relief' measures will not decrease next year. "

Three Skills Leaders Use to Get the Job Done

This article by Charles Feld in CIO magazine offers insight into three tools leaders use to achieve their visions: (1) Partnerships Need Reinforcement, (2) Decisiveness Demands Confidence, and (3) To Get Focused, Get Together.

Via Brad Feld

Six Secrets of Highly Secure Organizations

This article from CIO Magazine offer these six suggestions gleaned from the survey responses of more than 8,000 CEOs, CFOs, CIOs, CSOs, vice presidents, and directors of IT and information security from 62 countries on six continents:

1. Spend more.
2. Separate information security from IT and then merge it with physical security.

Over the course of the next year:

3. Conduct a penetration test to patch up network and application security
4. Create a comprehensive risk assessment process to classify and prioritize threats and vulnerabilities.
5. Define your overall security architecture and plan from the previous three steps.
6. Establish a quarterly review process, using metrics (for example, employee compliance rates) to measure your security's effectiveness."

Recommended by DennisKennedy

Courts May Embargo Web Sites

This CSO Magazine article comments on the case of Cobell v. Norton,a class-action lawsuit that was filed June 10, 1996, in the U.S. District Court in Washington, D.C.,stating:

"The Cobell case is highly significant because it constitutes precedent for the idea that, even in the absence of proven intrusions or damages, courts can enter a protective order to secure a website until security can be established on the site. This gives privacy advocates a new and potentially potent tool against the argument that, even if personal information is compromised, a lack of evidence of loss precludes a finding of damages. In other words, 'no harm, no foul' may no longer be the rule. Cobell litigation also warns that, in the absence of a clear security standard for each industry, courts will likely establish their own security standards by using 20/20 hindsight."

9/29/2004

Partner to Maximize IP Profit

From I/P Updates:

According to an article in the September 27, 2004 The McKinsey Quarterly,"McKinsey research shows that in lots of cases, companies could earn 5 to 10 percent of their operating income from the sale or licensing of intellectual property, yet most earn less than one-tenth that. Too often, they don't know what they have, what it is worth, or what other industries could do with it. The solution is to build a network of outside specialists who can identify the best market for each asset and use their industry contacts and experience to negotiate a sale."

More from the McKinsey article:

"Most companies' attempts to make money out of their intellectual property suffer from the mistaken belief that it is an easy source of revenue. But capturing the full value of these assets requires systematic effort, a well-managed network of outside partners, and active senior-management support. "

Built to Flip: A New Road to Riches

This article from Business 2.0 examines the trend of an "emerging breed of here-today, bought-tomorrow startups that are sprouting with minimal funding, flowering briefly, and being gobbled up by far bigger companies. In many instances, these built-to-flip outfits forgo -- or sometimes can't get -- money from venture capitalists. They instead create shoestring operations focused on the rapid development of narrow technologies to plug gaps in existing product lines or add useful features to existing products. Then they look to a deep-pocketed patron to scoop them up. "

Via E M E R G I C . o r g

Biting the Hand

Quentin Johnson writing for Law & Entrepreneurship News offers a good summary of an article entitled “Hostile Environment” from the Daily Deal, in which securities litigator Kimberly Greer writes about a growing trend of entrepreneurs suing their VC investors claiming the VC’s are violating their fiduciary duties to the company.

The Entrepreneurial Mind: Write Your Own Plan

Dr. Jeffrey R. Cornwall includes the following in his advice to all aspiring entrepreneurs about business plans:

1. Business plans should be the last thing you do, not the first.
2. Figure out how much you need to make in income and look at all of the non-financial factors that are important in your life.
3. Research the market to make sure that there is really a market.
4. Examine what it will cost to provide the service or make the product.
5. Make sure you know what you're getting into.
6. Now it is time to write your plan, but first you need to figure out why you need a plan. A plan you write for yourself is very different from a plan you write for an investor. Know the audience of the plan. You probably will need to write a couple of different versions for different uses: one for you, one for your investors, and one for creditors. If the plan starts to break down financially or in your ability to make it happen, give it up and go on to your next idea.

How to Develop Software

This post by Barry Briggs offers many great tips for software developers. Included among them are these:

"1. Great software is built by small teams. If you're building a great BIG software product use lots of small teams. The team leaders should be able to carry on a civilized conversation with one another; conversely, they should not be trying to torpedo each others' careers behind their backs.

2. Great software projects always, always have one person who gets the big picture. He/she codes. Repeat: he/she codes. This person is called the architect.

3. Software "architects" that don't code are not software architects. Sorry."

9/28/2004

Selling Your Business

From the WSJ StartupJournal:

"Given the emotional trouble many entrepreneurs have selling or passing on their businesses, you would think they were giving away one of their own children.

In many cases, that is exactly how they feel about the entity they have helped nurture, cultivate and watch grow over the years. So when it is time for that baby, as well as the entrepreneur, to move on to the next phase of their respective lives, there are a variety of issues to iron out before even thinking about things like getting the best sale price or minimizing tax implications. "

Venture Capital Broken?

Gems from an article by Joel Spolsky

“There are certain fundamental assumptions about doing business in the VC world that make venture capital a bad fit with entrepreneurship...

The fundamental reason is that VCs do not have goals that are aligned with the goals of the company founders. This creates a built-in source of stress in the relationship.

Specifically, founders would prefer reasonable success with high probability, while VCs are looking for fantastic hit-it-out-of-the-ballpark success with low probability. A VC fund will invest in a lot of startups. They expect about seven of them to fail, two of them to trudge along, and one of them to be The Next Netscape ("TNN"). It's OK if seven fail, because the terms of the deal will be structured so that TNN makes them enough money to make up for all the losers...

The second part is the fact that VCs hear too many business plans, and they need to reject 999 out of 1000...When you have to say “no” 999 times for every time you say “yes,” your method becomes whack-a-mole. Find the flaw, say no. Find the flaw, say no. The faster you find flaws, the more business plans you can ding…

Here's another funny thing that's happening. VCs are reacting to the crash by demanding ever stricter conditions for investments…There are probably hundreds of software companies started every day. Of that universe, there is a small number that are actively looking for early stage investors. Of that small number, an even smaller portion is willing to go along with the current harsh deals that VCs are offering… ”

Via del.icio.us/dbayless

Open Bar Provides Open Source Legal Resources

From Denise Howell:

"Open Bar is a not-for-profit organization founded with the goals of (i) developing clear information about the legal rights and responsibilities of software developers, legal professionals and users of software in the emerging arena of open source/free software; and (ii) educating software developers, legal professionals and the general public about the issues, rights and responsibilities associated with the development, use and distribution of open source/free software.
[...]
The demand for education and leadership from the legal community is high and increasing daily, yet until now no legal, non-political group has stepped up to stem the tide of conflicting information and lack of clarity. Open Bar seeks to fill this gap, by (i) fostering development of objective means for evaluating the strength and enforceability of the various licenses and (ii) educating legal professionals and other members of the open source and free software communities on their related rights and responsibilities."

No King Makers in VC Business

Jeff Nolan offers good advice to entrepreneurs to pick their VC's wisely. Changing a few words from the article:

A productive and value-creating relationship is one where the players get along well together and respect each others contributions, the leadership team is strengthened with a good backstop provided by the board, and ultimately that the company performs to expectations because all of the parts mesh well together and deliver the right product to the right market at the right unit economics.

As investors and management, it is prudent to consider all the things that can go wrong and then assess each investors ability to manage through those obstacles, before committing to a particular VC. If the VC can't be a team player, it's not likely they will create significant value.

"There are no king makers in this business, building a successful company takes some luck, but a lot more hard work from everyone, including the board of directors. "

9/27/2004

Pa. Angel Network Launches Web-Site

The Pittsburgh Business Times reports:

"A statewide network of private investors has launched a new Web site to increase investment opportunities for both entrepreneurs and high net worth individual investors. The Pennsylvania Angel Network, previously a loose organization of private investors that has become more formalized in the past year, began to publicize its Web site earlier this month.

The site is aimed at current and potential PAN members, as well as business owners searching for funding, according to its director Jan Rumberger.

The network hopes the Web site, which can be found at www.paangelnetwork.com will help link new businesses with angels -- investors who put money into companies after they've formed, but before they are big enough to receive formal venture capital funding."

Does Your Startup Have "it"?

This post from Digitalyst offers these clues as to whether your startup is on the road to success:

You have customers (or sure prospects), investor interest, distribution deals (or real indications of interest from established distribution channels), advantageous supply arrangements, product champions in your customers’ organizations, favorable press coverage, favorable opinions from consultants and analysts, talent recruitment success, including the ability to recruit of topnotch VP of Sales.