giovedì 27 ottobre 2011

Kohlberg Kravis Roberts is raising a new $6B fund for Asian investments


KKR, a private equity fund, is looking to raise $6 billion to establish a new pool for Asian startups.
Reuters reports that the new funding will be raised during the beginning of 2012 and that the firm had originally planned to raise $4 billion but will now be aiming as high as $6 billion.
Already, KKR represents the largest Asian-focused fund from a private equity firm. The firm maintains a $4 billion fund raised in 2007 to support Asian investments as well as a $1 billion China growth fund. The former is currently 70 percent invested, sources told Reuters, which has prompted the new fundraising efforts.
KKR now has investments in China, Singapore, Korea, Japan, Vietnam and Taiwan.
According to recent reports from KKR, it expects less volatility in markets like China where the government debt load is lower. “Both Europe and the U.S. are likely to face increased political unrest and social discord as they try to stimulate growth and reduce debt at the same time,” the firm stated in its statements on global macroeconomic trends.
Analysts at the firm also pegged Asia (with the exception of Japan) as a key point of global economic growth but also cited Chinese inflation as a point of concern.
As we’ve noted in recent months, a shaky market in the U.S. as well as distinct advantages in the pan-Asian arena are making the region more and more interesting to investors. Singapore in particular is a hotbed, with a tech-savvy workforce and startup-friendly government regulation.

Google quarterly report reveals $151M Zagat purchase, 54 other buys


Google paid $151 million in cash for restaurant review company Zagat, only one of the 54 acquisitions the company made in the first nine months of 2011.
The numbers were revealed in a quarterly report submitted by the company to the Securities and Exchange Commission.
In order to become more vertical, Google snaps up relevant companies around it, often supplementing programs or products already in the Google roster. Most recently, Google purchased German site DailyDeal for its Google Offers program, along with Motorola for its Android and mobile programs. The company acquired Zagat in September, immediately integrating assets from the company into Google Maps to enhance reviews on its business pages. At the time of the announcement, terms were not disclosed.
According to the quarterly report, DailyDeal was purchased for $114 million in mid September. Google bought the company after a rejection from Groupon, which Google offered $6 billion in late 2010 to be absorbed. Though Google had its own deals program, Google Offers, acquiring DailyDeal meant reaching international grounds since DailyDeal served Germany, Austria and Switzerland.
Motorola was picked up for approximately $12.5 billion in an obvious effort to introduce hardware to the Android system. Introducing Motorola to the Android game makes Google more able to control the entire mobile ecosystem, similar to Apple, which created its own mobile operating system, mobile app marketplace and phone hardware from the very beginning.
In total, Google’s 54 acquisitions in the first 9 months of 2011 cost roughly $502 million in cash. The Motorola deal is still subject to closing conditions. If Google fails to meet certain regulatory requirements and is forced to terminate the merger deal, it will have to pay Motorola a fee of $2.5 billion. The company expects to complete the deal by the end of 2011 or early 2012.

Passing 1 Million Downloads, Discovr Raises $1.1 Million; Launches On Mac App Store


Today, Discovr, the awesome tool that allows users to discover new apps for iOS (by way of interactive graphs) is announcing that it has passed the one million downloads milestone and has closed a $1.1M seed round led by Australia’s leading VC firm Yuuwa Capital. Of course, there’s no better way to celebrate these achievements than launch a new version of your app for Apple desktops, right? Today, the startup is also announcing the release of its Discovr Music app, which is available for $5 now on those Mac App Stores near you. Discovr Music, put simply, makes it easy to discover new music from the comfort of your laptops and desktops.
To give a sense of context, in January of this year, Discovr launched a nifty iPad app that essentially provided users with an interactive map of the music world, displaying (among other things) connections between bands and artists in a graphical web. With a few quick taps, users could see musicians’ videos on YouTube, band info and other extras, all while experiencing a fairly unique visual interface that provides an easy way to weave through connections between bands to discover new music and cool apps.
The app attracted 150K downloads in three days, and by June, Discovr had taken its music discovery and visualization model for iOS to the apps world at large. Discovr Apps enabled users to search for their favorite apps, choose from Discovr’s curated, featured apps, at which point the tool will show your choice in an interconnected network of related apps that are linked together based on their similarities.
How does Discovr determine these similarities? Thank you for asking. Like many other recommendation services, Discovr serves the user with its web of similarities based on a synthesis of machine algorithms and human curation. Those networks of similar apps can be expanded as the user surfs, and ostensibly, if the page were large enough, as I wrote in June, one could probably “create a massive, mind-melting map of all the apps on the App Store”.
Not that you will, but you could, were you so inclined.
And speaking of larger screens, as mentioned above, Discovr is now back into the music game with its new launch of Discovr Music for the Mac App Store. While Discovr’s iPad functionality is terrific, the visual layout is almost better suited to the larger screens of your desktop and laptops. The user experience is the same as Discovr’s first app, in that it uses data visualization and music recommendations to provide a visual map of the world of music. Users can navigate through the musical ecosystem and discover new music based on what their individual tastes.

Radionomy now streaming 30 million hours of online radio per month, to raise $15 million


We hear Radionomy, which provides a platform forcreating and broadcasting online radio stationshere in Europe, is out raising a $15 million round of funding with the help of French investment bank Bryan Garnier.
The financing round is expected to close later this year.
The investor interest is warranted: sources tell us Radionomy is quietly becoming quite an online radio giant, with over 30 million hours being streamed on a monthly basis at present.
The company declined to comment on the fundraising, but they were keen to point out that they plan to attack North America next; already, 30 percent of its audience is based in the United States.
Radionomy has been around for a few years now, and earlier raised $2 million in funding.
More when we learn more.

mercoledì 26 ottobre 2011

Sencha launches HTML 5 cloud service, receives $15M


Sencha, provider of HTML 5 tools for web and mobile developers, received $15 million in a second round of funding led by Jafco Ventures.
HTML 5 applications can make beautiful, interactive experiences on PCs and mobile devices. But there are some drawbacks to using HTML 5 that have held the marketplace from rushing the field. These apps are unable to connect to a device’s own native apps and data. For example, an HTML5 app running on an iPhone wouldn’t be able to access the camera or address book, because those live within the mobile operating system, which HTML 5 exists apart from. But, aside from these drawbacks, there are many pros to developing with it
“The future is a multi-device world,” said Michael Mullany, chief executive of Sencha, in an interview with VentureBeat. “The web is really the only platform that can span [many different devices] … you’re not going to have a native platform that is going to talk to all of those.”
Mullany feels it would be an arduous task to creative native applications with the same user experience across multiple operating systems and devices. Because HTML 5 apps are web-based, they can provide a cohesive experience across those devices, including your tablet, phone, computer and even television.
“People are going to expect that user experiences across these devices will be shared experiences,” he said.
In addition to delivering on this expectation, Sencha plans to use the funding for more product announcements, small technology acquisitions and expanding developers’ abilities. In fact, the company announced a new cloud product yesterday, Sencha.io, which allows developers to create HTML 5 web apps without having to deal with sever-side coding and hosting their web app.
Sencha is located in Redwood City, Calif. and was founded in 2010. The company received a $14 million first round of funding led by Sequoia Capital in June 2010. Both Sequoia Capital and Radar Partners participated in this round.

California creates new corporation types that reward doing good


Even as Wall Street is being occupied and corporations are reviled, there is a revolution quietly raging across the country that empowers corporations to be a strong force for good. This week, California joined that revolution when Governor Jerry Brown created two new classes of corporations for businesses that seek to pursue both profit and purpose: Benefit Corporationsand Flexible Purpose Corporations.
These new legal structures are revolutionary in two ways. First, they broaden the duty of a company beyond maximizing shareholder value to include maximizing stakeholder value, such as operating the business in an environmental and social responsible manner. Second, they increase transparency and accountability.
Though it is the first state to pass the Flexible Purpose Corporation type, California is the sixth state to approve the Benefit Corporation classification.
Here is a look at exactly what Benefit Corporations and Flexible Purpose Corporations are, and what they could mean for your company.

What is a Benefit Corporation?

The Benefit Corporation is a new class of corporation that allows companies to pursue profit as well as a strong social and environmental mission.
Under current corporate law, a company’s sole mandate is to maximize shareholder value — make as much profit as possible –for its shareholders. If a corporation takes other stakeholders into account in its decision making — such the environment, community, employees or suppliers — and that adversely affects the profits of the corporation, the shareholders may file a lawsuit against the directors of the corporation for failing to maximize shareholder value. Obviously, this poses a huge problem for socially and environmentally responsible corporations.
The new Benefit Corporation structure addresses this problem in two primary ways.
First it mandates that, in addition to shareholders, the board of directors take the environment, community, employees and suppliers into account when they make decisions. This is known as the shift from maximizing shareholder value to maximizing stakeholder value.
Secondly, it mandates a high level of transparency and accountability. Within 120 days after the end of each fiscal year, a Benefit Corporation is required to publish a Benefit Report, which states how the Benefit Corporation performed that year on a social and environmental axis. The Benefit Corporation is held to a third party’s independent assessment that measures social and environmental impact. The most prominent is currently B Labs Assement. The Benefit Corporation has to then share this assessment of its performance publicly, which increases transparency and accountability.

What is a Flexible Purpose Corporation?

Benefit Corporations and Flexible Purpose Corporations are, by and large, similar legal structures. However there is one primary difference between these two pieces of legislation: The Flexible Purpose Corporation (FPC) allows a corporation to select a specific mission, in addition to profits, that it will pursue.
Just like the Benefit Corporation, a Flexible Purpose Corporation broadens the duties of its board of directors, from solely maximizing shareholder value to also pursuing an additional purpose that is clearly stated in the FPC’s organizing documents.
The Flexible Purpose Corporation allows the directors to choose a their own “special purpose,” such as employing people from an underprivileged community. The FPC must clearly state its specific purpose, outline goals to achieve that purpose, and publish an annual report disclosing how well it has achieved that purpose. The premise is that clearly stating the positive purpose of the company and being transparent in an annual report will create better business.
The special purpose chosen by a FPC can be anything that generally benefits society, but can include the following:
  • One or more charitable or public purpose activities that could be carried out by a California nonprofit public benefit corporation.
  • The purpose of promoting positive short-term or long-term effects of the Flexible Purpose Corporation’s activities upon stakeholders, the community and society, or the environment.
  • The purpose of minimizing adverse short-term or long-term effects of the corporation’s activities upon stakeholders, the community and society, or the environment.

What are the advantages of these structures?

The benefits of these new structures for a company are, first, that it has the ability to make decisions that are in the best interest of all stakeholders without risking a shareholder suit. Second, it allows a company to differentiate itself from any competing companies that are green washing.
The benefits for shareholders are that they can now invest in companies that are serious about running in a sustainable manner.
By mandating that corporations only focus on profits, the current system almost assures a negative outcome for society. By removing mandating stakeholder primacy and increasing transparency and accountability, directors are freed up to use the market as a force for good without risking suit from their shareholders.

How do you become a Benefit or Flexible Purpose Corporation?

If you have an existing company, two thirds of the shareholders have to vote to make a change into either of the new forms.
If you have a new company, you simply register as one of these new classes of corporation. The FPC classification requires that you list your “special purpose” in the organizing documents.

Is it right for your company?

You should use either of these new forms if you are serious about operating a sustainable business, and if you are comfortable enough to allow the public to see how well you are performing. If you just want to greenwash your business, or want to look socially conscious without actually changing your core business model, then these new classes of corporations will just make you look ridiculous.
I think the best analogy is, if you’re going to be naked, you’d better be buff.

Amazon reports Q3 earnings, misses Wall Street estimates big-time


Amazon today released its 3rd Quarter earnings, turning in a per-share performance of just 14 cents, missing Wall Street expectations of 25 cents per share by a wide margin. The ecommerce giant saw revenue decrease by 73 percent, to just $63 million, which is likely to further punish the stock price.
Amazon‘s Q3 earnings in 2010 were $231 million, or 51 cents per share. Overall revenue for the quarter rose 44 percent, to $10.88 billion.
“September 28th was the biggest order day ever for Kindle, even bigger than previous holiday peak days — we introduced Kindle Fire for $199, Kndle Touch 3G for $149, Kindle Touch for $99, and our all new Kindle for only $79,” said Jeff Bezos, founder and CEO of Amazon.com, in a statement included with the earnings report. “In the three weeks since launch, orders for electronic ink Kindles are double the previous launch. And based on what we’re seeing with Kindle Fire pre-orders, we’re increasing capacity and building millions more than we’d already planned.”
While pre-order numbers have been encouraging, the release of the Kindle Fire is also likely to super-charge digital revenue through the purchase of apps, as well as new subscribers joining Amazon Prime for access to streaming movies, TV shows and other digital content. As many as 5 million Kindle Fire units could be sold during the holiday season according to analysts’ predictions.

Smart TV gaming startup PlayJam raises $5M round


Gaming startup PlayJam has raised a new $5 million round of funding to bring games to smart TVs and set-top boxes, the company announced Tuesday.
PlayJam is known for producing games on internet-connected TV platforms from Samsung, LG, Sony and Panasonic. The company says it’s seen over 6 billion game downloads on those platforms alone.
However, with the increase in devices that give televisions web connectivity — like Blu-ray players, game consoles and set-top boxes — PlayJam has the opportunity to start producing games that are independent of any one distribution platform, especially now that it has money in the bank.
The Smart TV gaming market is just getting started, but PlayJam is poised to become the market leader. The company said half of  customers that download and play free games eventually buy a premium game. Also, its consumers spend an average of 23 minutes per session. (I’m guessing that session is the time it takes someone to start and then stop playing a game without any pauses or breaks.)
The new round, PlayJam’s first, includes participation by GameStop Digital Ventures, Adobe Ventures, Endeavour Ventures, London Venture Partners and others. Founded in 1999, the London-based startup has over 550 games in its library to date.

Brammo Grabs $28 Million From Polaris Industries To Power Development Of Electric Vehicles


TechCrunch readers may remember Brammo as the Oregon-based designer and manufacturer of all-electric motorcycles (and the battery technology and software that powers them), or as the makers of the bike one Mike Arrington was driving around the conference center at Disrupt NYC this year, whereupon he was almost removed from Disrupt by security. Later, in conjunction with Brammo CEO (And Disrupt Speaker) Craig Bramscher, Arrington gave the motorcycle away to one lucky mother of a marine.
Back in 2008, Brammo raised its first chunk of outside investment, an $11 million round led by Chrysalix Energy Venture Capital and Best Buy Venture Capital. Today, the electric vehicle technology company has added another significant piece of change to its vault, announcing the close of the final tranche of a $28 million series B round of financing.
Gigaom first reported the company’s close of the initial $12.5 million portion of its series B back in September 2010. Today marks the official close. For those still confused, Brammo has raised just under $40 million to date.
The final tranche of Brammo’s second round of investment was led by Polaris Industries and included contributions from existing investor, Alpine Energy, as well as first-time investor NorthPort Investments. Polaris, the manufacturer of snowmobiles, ATVs, and neighborhood electric vehicles, joins the Brammo team as a key strategic partner, providing the electric motorcycle maker with an opportunity to bring its drivetrain technology to new markets.
Bramscher told TechCrunch that he hopes Polaris can be to Brammo what Toyota has been for Tesla. For those unfamiliar, the CEO was referring to Tesla’s strategic partnership with Toyota (forged prior to Tesla’s IPO in May 2010) in which Toyota agreed to purchase $50 million in Tesla common stock, followed by an announcement that the two companies would collaborate to build an electric version of Toyota’s popular RAV4.
Through its new partnerships with the powersports leader as well as its manufacturing partner,Flextronics, Brammo is looking to synthesize powersports and innovative electronics to realize scale and kick its product development plans into fifth gear.
As to these powersport product development plans, Brammo has two super moto and off-road motorcycles (Engage and Encite) coming down the pipeline as well as a sport motorcycle called Empulse, which will add to its existing flagship product, the 2010 Electric Motorcycle of the Year, Enertia — an “urban commuter” motorcycle that runs about $8K per bike.
Furthermore, Bramscher said that its partnership with Polaris will enable the company to broaden its reach in product development, geographic scale, while Flextronics gives Brammo the ability to scale through supply chain optimization and high quality assembly (the company will soon begin producing Brammo Power battery packs), as well as access to design for manufacturing services.
The new round of funding marks a big win for the up-and-coming EV maker, and we’ll be looking forward to the release of these cool new green bikes soon, especially as Brammo looks to nose out fellow American competitors and all-EV makers, Zero Motorcycles and Mission Motors.

Augmented Reality App Maker CrowdOptic Scores $500,000 In New Funding


CrowdOptic,a maker of an augmented reality app and mobile analytics solutions for the enterprise, has raised $500,000 in new funding today in a round led by Bowman Capital. According to CEO Jon Fisher, CrowdOptic will use the new capital to accelerate development of products in the area of mobile-powered technology for live events as well as expand the security features of its platform.
For those unfamiliar with CrowdOptic, the company makes a platform that can detect where crowds are focused in real-time by triangulating their angle and bearing via the GPS and compass on users’ smartphones. It then applies algorithms to detect shifts or anomalies in the crowd’s attention patterns. A dashboard and alerts system can communicate with onsite security personnel when a possible threat is detected.
The platform also supports real-time advertising, broadcasting and communication during live events, including augmented reality displays. This is how CrowdOptic gets the crowd to use their smartphones in the first place – a cool augmented reality app. At a sporting event, for example, a fan might be able to point their phone at one of the players in order to get more info about them, like their stats, or they could receive messages sent out from the team to its fanbase.
Recently, CrowdOptic signed security services firm Andrews International onto its platform, and will now provide its technology to its 15,000 security personnel for use at the events it oversees. “WithCrowdOptic, we will be able to surveil the crowd and support our personnel with a stronger arsenal than onsite security cameras,” Randy Andrews, CEO of Andrews International, said in a statement.
CrowdOptic is a privately held, venture-backed company based in San Francisco.

VC Ben Horowitz Says Founders Make Best Startup CEOs


Venture capitalist Ben Horowitz argues startup founders should also be the CEOs of their companies. It’s a familiar investment philosophy for his firm Andreessen Horowitz, well known for its preference for founding CEOs.
During an interview at the Web 2.0 Summit, Horowitz said the institutional knowledge that founding CEOs have is what makes them most suitable to run their companies. “They have a set of historical knowledge that is almost impossible to replicate,” he told the audience.
Horowitz explained founding CEOs have been through every product decision, were a part of every hire, listened to customers from the beginning and are the keepers of a company’s vision. He also argued founding CEOs are best equipped to avoid major mistakes because they already made those mistakes early on and learned from them.
Andreesen Horowitz was founded in 2009 by Ben Horowitz and Marc Andreesen. Horowitz was the founding CEO of Opsware, which eventually sold to HP for $1.6 billion. Andreesen was one of the cofounders of Opsware, but he’s better known as the cofounder of Netscape, which sold to AOL for $4.2 billion in 1999.
Horowitz explained most of the firm’s partners were once entrepreneurs and/or founding CEOs, which helps the venture capital firm better connect with the struggles facing founding CEOs.
“It helps to have founded and run a company if you’re going to help somebody run a company who is a founder,” Horowitz noted.

sabato 22 ottobre 2011

Facebook and eBay together to a new era of social shopping

Last week in San Francisco was held Innovate, a new eBay developer conference, where the CEO of the better known online trading platform, John Donahoe, has announced an imminent breakthrough for the company, a turning point, as told TechCrunch (see also Facebook and eBay Team Up To Breathe New Life Into Social Commerce) in the next 3 years will lead to a major change in the way consumers buy and pay online. During the conference, in fact, X was launched Commerce, a new platform that, in addition to eBay, PayPal will combine well, Magento and GSI. The objective of X. Commerce is ambitious: to create an ecommerce solution is open, which aims to become the leading social commerce service.

X. Commerce seems to be the first real attempt to create an eBay business that is really aimed at developers, who now will have it in one space with all the technology to create "new e-commerce and shopping experiences based on a set of tools integrated with each other. "

Innovate was always announced a partnership between Facebook and eBay, which will see the integration of Open Graph of Facebook (the tree of connections that can share content and interact with friends) with GSI Commerce platforms and Magento . This will give developers the ability to build new shopping experiences for consumers and retailers, share ideas, create custom apps to buy, sell and share on Facebook.

The truth is that we can not say that social commerce has taken hold that much last year among consumers. It 'true that the dealers had the opportunity to sell through their brand page on Facebook, but so far sales on social networks have made great numbers. Consumers, moreover, were not particularly won over by shopping on Facebook probably due to their reluctance in purchasing through a platform originally used to share pictures and links. The concern that Facebook took possession of their sensitive data, such as those on credit cards, is the main obstacle to make one on a quick shopping "compulsive" aggregators such as portals of discounts and coupons.

As pointed out by the VP and General Manager Matthew Mengerink Commerce X. "Online shopping is a very individualistic and solitary. But shopping in itself is a social activity, and this opens up endless possibilities for social commerce. "

With the new integration between eBay and Facebook, developers will now be able to build social commerce app that will allow users to share what products they buy, or who wish to recommend.

Mengerink explains that what the new partnership is trying to encourage is the experience of pre-shopping. The process by which our friends choose a store and generates a product online conversation and sharing of ideas and opinions. And all this is a way to encourage brand recognition, to increase familiarity with the products through word of mouth, and it is essential to transform the online shopping experience more social and, therefore, more similar to traditional shopping.

No doubt the word of mouth and friends' opinions about a product has a lot of weight on the decision to purchase by a consumer, particularly in this "webcentrica". The basic question, however, is whether in the surf profile and see some friends discussing a product they just bought is actually a way to make the online shopping experience more social and, especially, if these news are really able to revolutionize the social commerce.

While waiting for the partnership to become concrete, what do you think?

Cisco acquires BNI Video for $99M


Network giant Cisco has acquired video optimization software company BNI Video for $99 million in cash, the company announced today.
BNI Video helps Internet service providers manage their video services, including entitlement, billing and quality control. As VentureBeat previously reported, BNI Video offered a good solution for older cable providers unable to keep up with the growing trend of TV moving online.
Cisco said it plans to integrate BNI Video’s technology with its Videoscape service, which will make it useful for service providers that are beginning to deliver more video over the Internet to consumers.
BNI Video is one of many companies Cisco has purchased to strengthen Videoscape. In August 2010, the network equipment company acquired online video distributor ExtendMedia to enhance its video-over-IP capabilities. And in February, Cisco purchased Inlet Technologies to boost Videoscape’s video encoding abilities.
Founded in 2009, the Boxborough, Mass.-based startup previously raised a total of $16 million in funding from Cisco Systems, Comcast Interactive Capital, Time Warner Investments, Charles River Ventures and Castile Ventures. Cisco is scheduled to close its acquisition of BNI Video in January 2012.

CouponCabin raises a whopping $54M with verified coupon model


Coupons.com may have raised $30 million just a few weeks ago, but CouponCabin has leapfrogged that with awhopping $54 million first round of funding, with the goal of expanding its offerings and the number of merchants it works with.
CouponCabin differentiates itself from other coupon sites by continuing to verify whether the coupons it offers actually still work, something its user base likely appreciates. They’re so committed to quality coupons that if a user tries to use a coupon that is no longer valid and reports it, the company will give he or she a $25 gift card. Retailers the company offers coupons for include Target, Dell, RadioShack, Best Buy, Champs Sports, Home Depot, Kohls and Kmart.
The company said the funding will go toward building up its consumer base and focus more on grocery stores and local businesses.
“Among other initiatives, this investment will enable us to grow our local, grocery and printable coupon offerings, making us the deepest and broadest consumer destination for coupons on the web,” said CouponCabin founder and CEO Scott Kluth in a statement. “This investment will also help us better engage with more than one million fans on Facebook.”
CouponCabin’s round was led by growth equity firm JMI Equity, which has also invested in online firms like DoubleClick, Adknowledge, Business.com and DoubleVerify. JMI Equity will hold a minority stake in CouponCabin thanks to the investment.
Whiting, Ind.-based CouponCabin was founded in 2003. Last year, CouponCabin generated $500 million in online retail sales for its wide range of merchants, and it claims to have saved users more than $300 million since 2003. In 2011, the company has posted more than 100,000 offers from more than 3,500 stores.

Three ways startups can cut legal fees in half


A reader asks: We launched our company about six months ago, and we’ve been using a big Silicon Valley law firm to handle the legal work. The problem is, we’re getting killed with the fees. We just closed a $250,000 convertible-note financing, and the bill was almost $13,000. When I reviewed the invoice, I saw the partner was billing us at $740 an hour, a senior associate at $595 an hour and a junior associate at $350 an hour. We like them and think they’re doing a good job, but we just can’t pay this much for legal work. Could you please give us some advice on what to do?
Answer: Legal fees can add up fast, especially for a startup just getting off the ground. But there are ways to keep them under control. Here are three suggestions: 

1. Negotiate Lower Rates

The first thing you should do is call the partner and tell him or her you have a problem with the fees. Most partners at the big firms have the authority to drop the hourly billing rates for startups (or to cut the bill). As a negotiating tactic, you should try to get the partner excited about your venture and convince him or her there will be lots of juicy work down the road.
You also should push to have one lawyer (preferably the partner) handle all your work going forward, not three. Remember, lawyers are selling time. The more time the lawyers bill, the better their sales numbers. This business model rewards inefficiency, which is exasperated as you add more lawyers to your project.
You should also tell the partner you don’t want any junior associates handling your work. With junior associates, you’re basically paying for their on-the-job training. Plus, there is extraordinary pressure on associates to meet annual billable hour thresholds and bonus targets. I saw all this first-hand as an associate for nearly eight years at two major law firms in New York City.

2. Don’t Use a Big Law Firm

Big firms are great for huge, complicated corporate projects — like an initial public offering, a tender offer or a public company merger. These types of projects require a large team of lawyers (often with different specialties).
On the other hand, most of the legal work for startups (whether it’s a financing or a partnering agreement) can be handled by one experienced lawyer. If you get push-back from the partner, go out and find a strong startup lawyer at a boutique firm (or a solo practitioner) to help you. There are lots of good startup lawyers with 10 to 15 years’ experience who can handle your work at the same billable rates as junior associates at the big firms.
If you’re uncomfortable not using a brand name law firm, or if your investors push back, you can keep your big law firm for the big stuff, and use the startup lawyer to handle the day-to-day things.
The bottom line is, startup legal work isn’t rocket science, and using a big law firm is overkill. It’s like using a jackhammer to clear hair out of your bathtub drain.

3. Request Fixed Fees

Finally, you should think about requesting fixed fees for your legal projects in order to align the law firm’s interests with yours company’s. The big firms loathe to agree to this — but many innovative law firms (including my own) are disrupting the profession with this model.
It’s such an elegant solution: No more incentive for the law firm to be inefficient; no more overstaffing of projects; no more associates banging the file to meet their annual minimum billing requirements or bonus targets; and the best part for you, no more surprises at the end of the month when the invoice arrives.
Imagine if you had negotiated a fixed fee of $6,500 for your convertible note financing (which is quite reasonable); you could have cut your legal fees in half. 

How the enterprise is adopting tablets (infographic)


It’s no secret enterprises have begun to adopt tabletswith the same fervor of consumers. Since the debut of Apple’s iPad in Jan. 2010, the integration of tablet devices into our lives and work has progressed rapidly — so fast that it’s sometimes hard to put in perspective how quickly got here.
The exclusively obtained infographic below breaks down how far workforce adoption of tablet technology has come — and where it’s headed. (The graphic was sponsored by Lenovo and Qualcomm.)
In overall world market share for tablets, the iPad clobbers all others. The iPad accounted for nearly 80 percent of worldwide tablet sales during the past 12 months, but Android is slowly gaining ground, thanks to a wide variety of devices and prices. On the higher end, there are devices like the Samsung Galaxy Tab 10.1 and 8.9, and on the lower end there’s the upcomingAmazon Kindle Fire and already well-established Nook Color.
Enterprise adoption is quite different from total adoption. A just-released survey from Good suggests the iPad and iPad 2 were responsible for 96 percent of tablet activations in the enterprise in the third quarter of 2011. With just 4 percent of activations being Android-based, Apple has a clear lead with the enterprise crowd.
Business users have different needs with their tablets, chief among them are strong and versatile applications that keep the mobile workforce connected. The iPad has a clear lead in this area with more than 136,000 iPad-optimized apps while Google won’t reveal how many apps are actually optimized for Honeycomb-based tablets. (Some estimates guess it is under 1,000 at present.) One of the most promising enterprise applications we’ve seen recently is Polycom’s video-conferencing app that works for both iPad and Android tablets.
It’s unclear at this point if Android will be able to take away much of the share the iPad has secured with enterprise users, especially in Bring-Your-Own-Device workplaces. But we’ll be watching to see what happens in this exciting space and let you know the latest.
Tablet_Adoption_infographic

17-Year-Old's Startup Dispatch.io Raises $1 Million

a Techstars company that launched earlier this week at Demo Day, has raised $965,000 according to an SEC filing.
Thrive Capital is one of the investors.
It was cofounded by 17-year-old Alex Godin, Gary LosHuertos, Jesse Lamb, and Nick Stamas. 
People use multiple cloud services to store documents, from Google Docs to DropboxDispatch.io connects all of these services in one place  -- a place that kind of looks like a Finder window on a Mac. Documents can be dragged and dropped from one account to another without a hitch.
As we've written, startups shouldn't be patted on the back just for receiving funding, but this is an impressive team of individuals, and we think they're on to something. It was our favorite of all the Techstars companies this time around.
Jesse Lamb was previously a lawyer who wanted a way to send secure documents, so he created a successful startup, Airdropper, that people have used to send hundreds of thousands of files. Airdropper turned into Dispatch.


'Groupon Is A Disaster'

NEW YORK (AP) -- Only a few months ago, Groupon was the Internet's next great thing. Business media christened it the fastest growing company ever. Copycats proliferated. And investors salivated over the prospect of Groupon going public.
Today, the startup that pioneered online daily deals for coupons is an example of how fast an Internet darling can fall.
Groupon, which had to delay its initial public offering of stock this summer after regulators raised concerns about the way it counts revenue, is discounting its expectations for the IPO. In June, it was valued as high as $25 billion, but in a regulatory filing Friday, the company said it expects a valuation less than half that, at between $10.1 billion and $11.4 billion.
It's the latest twist for Groupon's IPO, which was one of the most anticipated offerings this year. In June, after Groupon filed for the offering, the SEC raised questions about its accounting practices. Then, the stock market plunged.
Now, Groupon faces concerns about the viability of its daily deals business model. The novelty of only coupons is wearing off. Some merchants are complaining that they are losing money -- and customers-- on the deals. And competitors are swarming the marketplace.
"Groupon is a disaster," says Sucharita Mulpuru, a Forrester Research analyst. "It's a shill that's going to be exposed pretty soon."
Groupon shows what can happen when a startup experiences steroidal growth in an unproven industry. To its defenders, the Chicago company is a victim of its success, its stumbles emblematic of a business in infancy. After all, Groupon has hordes of fans who rave about the company's deals and its liberal refund policy. But critics say the issues Groupon is facing are symptomatic of something more troubling: questionable accounting, an overvalued business model and an industry that is turning into the digital equivalent of junk mail.
Longtime IPO analyst Scott Sweet, the owner of IPO Boutique, said Groupon is now expected to go public the first week of November. The company could not comment for this story due to the quiet period for its IPO, during which time company officials are barred by regulators from discussing anything about the firm. But interviews with analysts, investment managers and merchants tell the story of a company grew fast and then raced to go public.
Groupon's beginning
Groupon began in 2008 when computer programmer Andrew Mason, a Northwestern University grad and former punk band keyboardist, figured out how to get people excited about the low-margin business of coupons.
Mason's brainchild: sign up merchants to offer coupons online through a website and Groupon's email subscriber list. Shoppers who see these ads on their computers, tablets or mobile phones can then buy the coupons, getting bargains on everything from knee socks to Botox. The deals are targeted toward customers' cities and preferences. Groups bidding on coupons equals -- voila -- Groupon.
By 2010, Groupon was in nearly 100 cities and 25 countries. Groupon's staff ballooned to nearly 10,000. Mason, now 30, was on his way to becoming the next tech billionaire.
The scene was set for an IPO. In June, Groupon filed documents with the SEC reporting $713.4 million in revenue in 2010, making it the first company to surpass the $500-million revenue mark in its third year, according to Forbes magazine. But Groupon began facing a growing perception that its business is unstable.
The online deal space was getting jammed with competitors, like Living Social, Amazon.com and Google. They are among the many copycats who are attempting to do what Groupon does. Big merchants like Nordstrom and Ann Taylor also are running their own daily deals online.
At the same time competition is building, consumers are questioning the quality of Groupon's offerings. Those who are disgruntled with Groupon often broadcast it on Yelp, the user review website that rates merchants. There's even something called the "Yelp Effect," named for the way angry customers drive down the merchants' Yelp ratings.
"Most of the deals are for female-centric services like spas and nails or for high-ticket non-necessities like skydiving and travel," says Richard Breen, a Greenville, S.C., marketing executive who used to use Groupon. "I typically delete it each day now without opening the email."
When she first started using Groupon in 2008, Sabrina Kidwai, of Alexandra Va., was happy with the deals site. But then she used a Groupon for a picture canvas for a family photo. She placed the order three days before the Groupon's expiration, but the merchant was so overwhelmed with the response to the deal that it couldn't fulfill her order. What ensued was a customer service nightmare that ended with her getting her picture canvas two months later.
"I definitely think there are some wonderful deals, but users really need to pay attention and speak up when the company provides you with a bad experience," she said.
Adding to growing customer discontent, Groupon, which was initially seen by small mom-and-pop shops as a way to drum up new business, was losing favor with some of them. Merchants began to do the cruel math on the daily deals.
Restaurants offering $50 of food for just $25 only collect $12.50 -- not even enough to cover the cost of the food. Some businesses also complain that the deals for new customers anger long-time patrons. And some say that the bargains attract high-maintenance types who don't turn into loyal customers.
"Your restaurants are full packed with people who aren't making you any money," says Paul Evans, a Kansas City marketing executive who advises clients against using Groupon.
Take Jessie Burke, for instance, Last year, the owner of Portland's Posies CafA(copyright) offered a $13 coupon for $6. The cafA(copyright) was deluged with customers and Burke ended up having to take $8,000 out of personal savings to cover payroll.
"It the single worst decision I have ever made as a business owner," Burke said in a blog post that quickly went viral.
Andres Arango, founder of natural jewelry company muichic.com, had a similar experience. He sold 80 coupons -- $35 of jewelry for $15 -- in two days. But of that $15, he only got $7.50. And he still had to dole out $35 worth of jewelry.
As far as customers? "They never came back," Arango said
John Byers, a Boston University computer science professor who conducted a study on thousands of Groupon deals, wrote that he found that "Offering a Groupon puts a merchant's reputation at risk. The audience being reached may be more critical than their typical audience or have a more tenuous fit with the merchant."
Groupon also had faced trouble behind its own doors.
Its public relations chief quit in August after two months. The next day, CEO Mason wrote a 2,500-word email to the staff defending Groupon against critics. That email was leaked to the press and then lambasted by some analysts and members of the investment community for violating terms of the quiet period.
Two seasoned executives hired as COOs also left. The latest, former Google sales vice president Margo Georgiadis, resigned after five months to return to Google. Her departure coincided with Groupon's announcement that it was restating its revenue by around half.
"It's like watching a Ben Stiller movie and waiting for the next painful moment," says Mulpuru, the Forrester analyst.
The next chapter
With its problems mounting, Groupon filed documents for its IPO in June. Soon after, the SEC -- and the investment community -- had serious questions for the company.
The first concern stemmed from how Groupon accounted for its revenue. Groupon says it roughly splits the money it collects from customers with merchants. But sometimes Groupon does deals for less than half. In the second quarter, Groupon's average take was 39 percent.
But in its first filing with the SEC, Groupon counted all of it as revenue. Standard accounting principles dictate that Groupon should have used net revenue -- the amount it keeps after paying the merchant.
For example, Groupon reported $1.52 billion in revenue for the first half of 2011. But after the SEC questioned it, Groupon in late September submitted new documents that showed that net revenue in the first half of this year was $688 million. That means Groupon was overstating its revenue by roughly half.
Groupon's growth has no doubt been quantum. Since November, 2008, it has signed up 142.9 million email subscribers and has had more than 30 million customers. But only 20 percent of subscribers have purchased a Groupon and about 10 percent have purchased more than one.
Groupon also faces concerns about how it used its money.
The company shocked the investment world when it revealed how much it had spent on things like marketing and hiring. On Oct. 7, in its fourth amendment, Groupon disclosed that it had spent half its net revenue -- $345.1 million -- on marketing costs alone during the first half of this year. Analysts think of those costs as how much Groupon is paying to acquire subscribers. In one of its filings, Groupon said that it would slash those costs significantly due in part to the fact that it had already achieved maximum "subscriber saturation" in various markets.
Additionally, there are questions about how the company has used investor money. Traditionally, investor money is used to grow a business before it goes public. But according to Groupon's SEC filings, $810 million of the $946 million it raised went to early investors and insiders. That includes $398 million to Groupon's largest investor, shareholder and executive chairman, Eric Lefkofsky.
"Taking this money raises questions about the integrity of the company and enormous questions about the quality of the management team," says Mulpuru. "Groupon's primary problem first and foremost is greed."
Meanwhile, the company's debt has skyrocketed. Groupon's ratio of debt to capital is 102 percent. By comparison, the ratio for social-networking site LinkedIn is about 30 percent and gaming site Zynga's is about 49 percent. "Those companies are all in normal territory," says Ed Ketz, a Penn State accounting professor. "But Groupon's is excessively high."
In Friday's filing, the company laid out third-quarter financial figures that showed it is getting closer to profitability. For the three months ended Sept. 30, Groupon narrowed its net loss of $10.6 million on revenue of $430.2 million in part by lowering marketing spending. That compares with a loss of $49 million on revenue of $81.8 million in the same period last year.
Groupon, which rejected a $6 billion takeover offer from Google Inc. last year, disclosed in the filing that its revenue has grown from $1.2 million in 2009's second quarter to $430.2 million in the third quarter of this year.
The company has its supporters. Groupon has been funded by such venture capital heavyweights as Andreessen Horowitz, firm of Netscape founder Marc Andreessen. Andreessen declined to comment, but in an August essay in the Wall Street Journal, he wrote that companies like Groupon would "eat the retail marketing industry."
"We are in the middle of a dramatic and broad technological and economic shift in which software companies are poised to take over large swathes of the economy," he wrote.
Michelle Chapman in New York contributed to this report.


venerdì 21 ottobre 2011

Groupon Aims to Raise $540 Million in Downsized November IPO


Groupon plans to raise between $480 million and $540 million in an initial public offering, or about two-thirds of the $750 million the not-yet-profitable company intended to raise in June.
According to regulatory documents filed Friday, the Chicago-based startup is prepared to sell 30 million shares — a little less than 5% of the company — for between $16 and $18 each, placing the company at a valuation range of $10.1 billion to $11.4 billion, reports Reuters.
It will arrive on the NASDAQ exchange under the ticker “GRPN” in early November (The Wall Street Journalsays Nov. 4).
Groupon has faced some challenges over the last year, such as losing two COOsa class-action lawsuit from sales team employees and scrutiny over its accounting practices and long-term growth prospects. It turned down a $6 billion acquisition offer from Google in June.
The company did report a stronger third quarter. Revenues were at $430.2 million, up 426% over the same period last year and 9.6% over the previous quarter. Losses totaled $10.6 million, a substantial improvement from the $49 million it lost the previous quarter. The makeup in losses is largely attributed to a lower marketing spend.