Archive for the ‘business development’ Category

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.

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.

Nice Post on Negotiating

Thursday, July 2nd, 2009

ReadWriteWeb provides some great tips on negotation – Learn to Negotiate and Close. The gist of the post is to:

  1. Listen to understand what’s in it for them.
  2. Don’t waste your time on prospects or partners that don’t really need what you have to offer.
  3. It’s natural to be nervous as the deal’s about to be closed.
  4. Visualize success.

These are great tips for anyone wanting to get a deal done.

If you’re really serious about learning to negotiate, read Getting to Yes and Getting Past No. Both by William Ury of Harvard. You can pick them up at Amazon.

TiVo Partners for New Functionality

Wednesday, August 27th, 2008

According to the Wall Street Journal, TiVo is now offering a great new product feature done in partnership with Entertainment Weekly. TiVo users can now record shows recommended by Entertainment Weekly. It appears that TiVo looks to do more partnerships like this. Anything that makes it easier to find and record the best shows is great in my book. I love it.

Now if I could easily share my recordings list with my friends, I’d be even happier.

Is It Bad for Small Companies to Partner with Big Companies?

Tuesday, August 5th, 2008

Let’s cut to the chase – No, it is not bad for small guys to partner with big guys.

Bronte Media references a post from Albert Wenger about small companies partnering with big Internet companies – Avoid David and Goliath Partnerships. The rationale:

Partnering with the biggest of the big on the other hand tends to be problematic because they are unlikely to be sufficiently responsive. […] So whenever possible, as a startup you should rely on mid size well established companies when it comes to strategic partnerships.

OK, I have lots of experience with this on both sides of the equation. All I can say is that there is some truth to this, but in general this is bad advice. At Verizon we worked with a few small companies and ended up essentially building their businesses and keeping them from dying during the dot.com bust. But I’ve also seen Verizon treat small partners poorly and likewise for other big companies that I’ve worked for. The key for the small player is to have a good contract that lays out how the relationship is to work and has sufficient penalties for not playing nice. Having an extremely responsive account management team also makes a huge difference.

Of course getting a solid contract is easier said than done. I didn’t like giving other companies much power over us when I was at Verizon. Likewise, the guys that were bigger than us didn’t like giving us much power. But if you can focus on win-win and genuinely add value to the bigger player, you can get to a place that works for both parties.

It’s worth noting that big companies in general don’t like doing deals with smaller players because of the risk that they won’t be around to fulfill their obligations. I was the guy that had the unfortunate task of delivering the bad news to hundreds of small guys that we wouldn’t do business with them and often the reason was that they weren’t established enough. Big guys tend to want to go with established players.

The thing that I think is most overlooked is that if the small guy can work a good deal with the big guy, it can make their business. It makes them a legitimate player and opens things up for additional deals with other large players and additional funding. This far outweighs the risk of the partnership not working out.

What It Takes To Be Good At Biz Dev? A Few Reflections

Friday, August 1st, 2008

A former co-worker at Verizon who was new to the group once asked me what it takes to learn how to be in Partnership Development. At the time I didn’t really have an answer. It had seemingly just happened for me. But after much reflection, it didn’t just happen for me. In addition to some basic skills, I had a lot of help along the way. Here’s what I think it takes to be effective at Partnership Development (and Product Management):

  1. Vision – ability to see the future and visualize possibilities
  2. Persuasion – ability to sell this vision to your management and your potential partner
  3. Negotiation/Contracts – patience and attention to detail necessary to grind out an agreement, the requirements/specifications necessary to implement it, and the perseverance to manage the partnership (product) once launched
  4. Leadership – ability to inspire members of cross-functional teams and get them to share your vision in order to develop and launch the partnership (product)
  5. Communication and Organization – ability to keep everyone on the same page and up to date

All of this starts with a mentor to help you master these skills.

Vision and Persuasion
My former boss Shane taught me how to see the big picture and to sell that vision as we cranked out a multi-stage e-commerce strategy for a wholesale distribution company taking the company from a crude web site, to a polished online catalog, along with e-commerce and customer support applications that were back-office enabled. He was a great mentor and a friend.

Negotiation/Contracts
My former boss Patricia mentored me on the intricacies of negotiations, term sheets, and the contract process leading to a handful of multi-million dollar deals and dozens of smaller deals. It takes patience, perseverance, and creativity. She too was a great mentor and a great friend. She created the Partnership Development executive in me.

The attorneys I worked with (Allison, Cody, and Mark) were very gentle with me and helped me through the contract process. I still consider them friends today.

Together, all of these kind people helped me to understand the value of and how to get to a win-win-win partnership (both companies win, along with the customer).

Leadership
My former boss Kendall taught me how to survive in a matrixed organization with the result being the successful launch of over a dozen new features in a 3-month window for an online trade show startup. She was very good to me. A great mentor and a friend. She’s the one that pushed me into a larger organization to beef up my Product Management skills.

My former boss Karl taught me how to lead large cross-functional teams. He was a great mentor and a great friend. He created the Product Manager in me and helped me develop the confidence to try new things resulting in multiple successful product trials and the launch of millions of dollars worth of new products.

The Communication and Organization skills seem to come from practice. Lots and lots of practice.

If there is a theme in this story it’s that you need people to help you on your way towards developing the skills of your profession. I was very lucky to have had some great bosses/mentors/friends along the way to help me grow into my Partnership Development and Product Management roles. Thank you.

I look forward to passing these skills on as I advance in my career.

TiVo and Amazon Team Up – NYTimes.com

Wednesday, July 23rd, 2008

Back in December 2006 I wrote about TiVo not keeping up in the quest to be the provider of the “sofa web.”

Om Malik at GigaOM discusses the new game consoles and the contribution they might make to Internet browsing. He refers to it as the “sofa web.”

It was announced that TiVo and Amazon Team Up – NYTimes.com. This is a positive step towards TiVo becoming part of the sofa web. I can’t wait to see more deals.

YouTube on TiVo Launches, Does This Really Matter?

Thursday, July 17th, 2008

Zatz Not Funny! says YouTube on TiVo Launches. I know how crappy YouTube videos look on my iPhone. How bad do you think they’ll look on your big screen TV, especially HDTV? I could see people using this a few times and then dumping it. I say no big deal.

Good Layman’s Explanation of a Licensing Agreement

Monday, June 2nd, 2008

Jay Parkhill on GigaOM wrote a nice explanation of licensing agreement. It explains nicely all the obscure legalese that marketing people like to avoid. It’s worth a read.

Looks Like Fairness Counts

Sunday, May 18th, 2008

Slow Leadership discusses research out of Wharton about how treating partners fairly matters. No kidding. Any good business development person can tell you this. Yet many executives don’t get it. So here’s how it works: if your partner feels like you screwed them, then they won’t put any effort into the relationship and both parties end up losing. So the lesson for today is DON’T SCREW YOUR PARTNERS!