Archive for September, 2004

One Small Step for Entrepreneurs….

September 30, 2004

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

September 30, 2004

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

September 30, 2004

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

September 30, 2004

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

Recent Antitrust Cases

September 30, 2004

This article from McDermott Will & Emery for Mondaq (free registration required) explains:

“Three recent rejections of government merger challenges may present new opportunities for companies to pursue mergers or acquisitions of competitors in concentrated markets. While every case is fact specific, these cases may demonstrate a shift in antitrust enforcement, with courts permitting transactions that were challenged under the Horizontal Merger Guidelines. We provide below a short synopsis of these cases, and a list of lessons by which these cases can be applied in other industries.”

Effective Compliance Programs under the Amended Sentencing Guidelines

September 30, 2004

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.”

Directors With Specialized Expertise Held to Higher Standard

September 30, 2004

This article by McDermott Will & Emery from Mondaq (free registration required) explains:

“A recent decision by the Delaware Court of Chancery found a director who was a former investment banker with experience in a particular industry held to a higher standard than non-expert directors in the context of mergers and acquisitions.”

Congress Extends Tax Cuts; Adds New Tax Relief

September 30, 2004

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

September 30, 2004

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

September 30, 2004

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