Archive for February, 2010

You snooze, you lose…the deal.

Sunday, February 28th, 2010

Dana Oshiro has another great post on negotiating on ReadWrite Start. This time the topic is deal timing.

As Dana puts it – “deals can go up in smoke if given too much time.” Do not drag out a deal.

I’ve seen many deals blow up from both sides because one side or the other took too much time. Sometimes one party changes direction and decides that they no longer want the deal. Other times, someone decides that the deal was too generous/not generous enough and wants to renegotiate terms. Why it happens doesn’t really matter. The point is that if you screw around and don’t get the deal done in a timely matter, you may end up with no deal at all. You have to stay focused and keep things moving. This isn’t always easy to do.

This wouldn’t have been a good post without some concrete suggestions on how to avoid blowing a deal. The suggestions provided by Dana come from Mark Suster. My favorites are:

Don’t Grind Every Detail: Know the important points that you want to negotiate and stick to them. [Suster] writes that you shouldn’t get caught up in inconsequential details as they’ll potentially add weeks to the legal process and you’ll risk creating ill will with your newfound partners.

Get People In Person: Put yourself, your negotiating partner, both sides of lawyers and the other party in a room to hash out the details. Suster stresses that it’s important to create goals for what you want to accomplish and take breaks to gain consent from any higher authorities.

Getting together in person is a particularly good technique to grind through a deal that has bogged down. I was once working on a deal with a major search provider that got bogged down. We had come to terms really quickly but spent almost 9 months trying to get through a contract. Everyone was frustrated and on the verge of giving up. I hopped on a plane with my boss, our president, and 2 attorneys to visit our would-be partner. Two days later we had a deal.

These are great tips that work. Good luck in your future negotiations.

Happy 14th Birthday Gretta!

Sunday, February 28th, 2010
Gretta in September 2008 on our first day in California.

Gretta in September 2008 on our first day in California.

Ham and Egging

Saturday, February 13th, 2010

Dana Oshiro at ReadWrite Start wrote a great post on business development tricks used by startups.

I spent 6 years in business development working for 2 large, established players. One of my many responsibilities was evaluating unsolicited, incoming partnership opportunities. While I had never heard the term “ham and egging” referenced in Dana’s post, I experienced it on a regular basis. She describes it as:

…”ham and egging” was first coined by Columbia’s professor Amar Bhide and Harvard Business School’s Howard Stevenson. The term refers to the technique of convincing multiple stakeholders that others are working with you despite the fact that you’re only in talks. The only problem is that most early partners only want to work with you if other reputable partners have already signed on.

Explains Bhide and Stevenson,”the ultimate ham and egging solution is for the entrepreneur to simultaneously convince each participant that everyone else is on board, or almost on board.”

It seemed like most startups attempted to use this approach. Fortunately I knew all about it. I had seen this from the inside in prior years working at multiple startups (I was not in business development roles at these startups). This technique was specifically discussed and planned. There were other tricks, but I’ll get to those later.

It’s amazing how many people at large companies take these claims at face value. I often had to remind my peers and superiors that just because someone says they’re working with a major player doesn’t mean they are. That leaving a voicemail or sending an e-mail for someone at Google doesn’t mean that they’re “in partnership discussions” with these companies. If it’s not announced or if they don’t have a reference, then it doesn’t exist.

My point here isn’t to imply that startups are shady, though some are. My point is that you can’t always take things at face value. People at startups (especially the founders) believe in what they are doing. Many truly believe that they will eventually have the deal that they talked about. They believe that their product will do what they say it will, even though it isn’t built yet. They believe that they’ll eventually have the traffic they are promising. They just need that first deal to get it all going. The problem is that most big companies are not able to take a risk on a partner that hasn’t already proven their product. So startups are in a tough position.

Here are the tricks that I frequently saw startups using:

1) Ham and egging (as explained above). If there’s no partnership announcement or reference, then you should be skeptical.

2) Exaggerating revenue, subscribers, user base, unique visitors, etc. If they won’t show you actual traffic logs or put numbers in writing, then you should be skeptical. Confidentiality is not an excuse for not providing this information.

3) Exaggerating product capabilities. If they don’t have a fully functioning demo or don’t have it in operation with another partner,then you should be skeptical. You should insist on sending up an engineer to check out their operations.

4) “We’re going to be in town anyway, so we might as well meet in person for a demonstration.” This one always makes me laugh. While not terribly sleazy, it is annoying. I was in Dallas. No one is in Dallas “anyway” (at least not very often). I heard this from well over half of the startups trying to get in the door with us. This means I’ve literally heard this over 100 times. Don’t be pressured into wasting your time and that of your management team to meet with someone where there is no real opportunity just because “they’re going to be in town anyway.” If they tell you they’re going to be in town anyway the week of X and then tell you they can meet with you at anytime, then you know they’re lying. They should at least have the intelligence to block out a few time slots so it looks like they actually have some meetings.

Having said all of this, I did a lot of deals with startups and most of them worked out OK. The key is due diligence beyond that needed for larger potential partners. Hopefully this will help you in your future dealings with startups.

Saints Win! I’m glad my prediction was wrong.

Sunday, February 7th, 2010

Congrats to New Orleans.

Super Bowl Prediction – Colts 45, Saints 27

Sunday, February 7th, 2010

I’m rooting for the Saints but I think the Colts are going to blow out the Saints. I don’t think anyone can stop Manning.

The Sad Truth About Online Personals Sites

Saturday, February 6th, 2010

Having spent some time working in the online personals biz and having used most all of the sites both personally and professionally, I can tell you that the following joke ad from College Humor is dead on. It’s especially true for the smaller sites like the ones that have the racy ads on Facebook.

Your best best is sticking with the major players like Yahoo, Match, and eHarmony (personally I dislike eHarmony, but it works for a lot of people). Some of the niche sites are OK too, like JDate.