When Too Many Think Alike

"As a general rule, it is foolish to do just what other people are doing, because there are almost sure to be too many people doing the same thing."
   — William Stanley Jevons (1835-1882)

Marc Faber included a rather humorous story in his most recent issue of The Gloom, Boom & Doom Report. Marc is one of the leading thinkers and writers on the markets around and has been publishing his report for years from Hong Kong. He is an annual participant of the Barron’s Round Table every year. He follows up the following story with a quote stating

"In speculation, as in most other things, one individual derives confidence from another. Such a one purchases or sells, not because he has had any really accurate information…but because some else has done so before him"
— J.R. McCulloch 1830

This sums up a lot of what we are seeing in the Web 2.0 world these days. Many of these plays have popped up not necessarily because of inherent value or traction, but because they look similar or their investors hope to replicate some of the initial pops in the category like MySpace, YouTube or even Flickr. This list contains a plethora of companies focused on ad networks, demand generation, social networking and the likes. This is the first cycle when all asset classes have risen ranging from stocks to commodities. Everyone has had a taste of success. The explanation for it all is "the world is awash in liquidity". Everyone is also feeling rather complacent & secure. It reminds one of the Red Indians….

"It was autumn, and the Red Indians on the remote reservation asked their new Chief if the winter was going to be cold or mild.

Since he was a Red Indian Chief in a modern society, he had never been taught the old secrets, and when he looked at the sky,
he couldn’t tell what the weather was going to be.

Nevertheless, to be on the safe side, he replied to his tribe that the
winter was indeed going to be cold and that the members of the village
should collect wood to be prepared.
But also being a practical leader, after several days he got an idea.

He went to the phone booth, called the National Weather Service and asked "Is the coming winter going to be cold?"

"It looks like this winter is going to be quite cold indeed," the meteorologist at the weather service responded.

So the Chief went back to his people and told them to collect even more wood in order to be prepared. A week later,
he called the National Weather Service again.

"Is it going to be a very cold winter?" "Yes," the man at National Weather Service again replied,
"It’s definitely going to be a very cold winter."
The Chief again went back to his people and ordered them to  collect every scrap of wood they could find.

Two weeks later, he called the National Weather Service again.
"Are you absolutely sure that the winter is going to be very cold?" "Absolutely," the
man replied. "It’s going to be one of the coldest winters ever."

"How can you be so sure?" the Chief asked.
The weatherman replied, "The Red Indians are collecting wood like crazy."

Is Your Customer’s Money Green?

One of my readers asked me how I viewed companies raising money from customers. The traditional advice is not to take money from customers since it gives them additional leverage. I recently experienced this at a company where our portfolio company was a key supplier to the firm. The business arrangement was worked out but things got more complex when we surfaced the idea of their investing. You generically run into a couple of speed bumps:
1) the customer often wants a special term for investing such as a right of first refusal, best nation pricing, exclusives and such
2) the customer has an incentive to mess with the financing to drive the price down. This is where divergence at the customer hits when the investment arm is focused on ROI (lower price) and the business unit wants a well funded supplier.
3) this potentially complicates your exit if they are a potential acquirer. They are an insider and the only way a third party outbids an insider is by paying too much based on inferior information.
4) having a customer invest potentially messes up future sales with some of their competitors (potential customers for you). They may suspect that their competitor will have privileged information as an insider about them.

On the positive side, you:
1) potentially get affirmation in the market place about your product if a major player (your customer) in the market is willing to invest capital as well as do business with you.
2) can get a higher valuation since they are not investing purely for ROI and they also have a deeper appreciation for what you can do.
3) can get fewer restrictions and likely no board seat requirement.

All of these are broad generalizations and only one or two possibly come into play on any given deal (and often none do). But, you should be careful not to get blinded to these facts because of the higher valuation that you will likely get from them. Overall, I would say that if you can avoid taking money from customers, you should. It adds another dimension and lever point in the relationship.

The Big Meltdown

This Krugman piece, The Big Meltdown, appeared recently in the NY Times. As I have said before, there is a lot of irrational behavior going on in both the public and private markets. Debt remains high, all asset classes have seen big rises and investors, hungry for the rush of another "hit", stretch further and further up the risk curve seeking yield. Until last week, the VIX (index of market volatility) was pinned down at 10, which is excessively low by historical standards. Risk has become a thing of the past and complacency reigns supreme.

Unfortunately, it is impossible to predict when the chickens will come home to roost. In Chaos theory, you can determine that a system has entered an unstable period, but it is usually an unexpected, non-linear factor that bumps the market to its next steady state. As long as equilibrium remains in the "Goldilock" economy with all parties agreeing to do their part, this could stretch on for some time.

That said, the sudden drop in the China market, followed by all other global markets falling show that the law of physics still exist and that our global systems are intricately connected.

I believe that the blood will start to flow in the Web 2.0 world this year as the 10 other plays in each space that were not acquired will struggle to gain revenue and funding. Furthermore, as more and more companies come onto the market with an "advertising based" revenue model, running a successful advertising network or revenue flow will become increasingly difficult. Too many ad sales guys pounding on the doors of the besieged ad firms.

Boring and focused is what works here. Opportunities to apply new technology/architectures to existing old processes and industries is the name of the game. If you can do it in a capital efficient manner, you can gradually scale the business without having to change much human behavior.

Buckle up for an interesting year…

March 2, 2007
Op-Ed Columnist
The Big Meltdown

By PAUL KRUGMAN
FEB. 27, 2008

The great market meltdown of 2007 began exactly a year ago, with a 9
percent fall in the Shanghai market, followed by a 416-point slide in
the Dow. But as in the previous global financial crisis, which began
with the devaluation of Thailand’s currency in the summer of 1997, it
took many months before people realized how far the damage would spread.

At the start, all sorts of implausible explanations were offered for
the drop in U.S. stock prices. It was, some said, the fault of Alan
Greenspan, the former chairman of the Federal Reserve, as if his
statement of the obvious — that the housing slump could possibly cause
a recession — had been news to anyone. One Republican congressman
blamed Representative John Murtha, claiming that his efforts to stop
the “surge” in Iraq had somehow unnerved the markets.

Even blaming events in Shanghai for what happened in New York was
foolish on its face, except to the extent that the slump in China —
whose stock markets had a combined valuation of only about 5 percent of
the U.S. markets’ valuation — served as a wake-up call for investors.

The truth is that efforts to pin the stock decline on any particular piece of news are a waste of time.

Wise analysts remember the classic study that Robert Shiller of Yale
carried out during the market crash of Oct. 19, 1987. His conclusion?
“No news story or rumor appearing on the 19th or over the preceding
weekend was responsible.” In 2007, as in 1987, investors rushed for the
exits not because of external events, but because they saw other
investors doing the same.

What made the market so vulnerable to panic? It wasn’t so much a matter
of irrational exuberance — although there was plenty of that, too — as
it was a matter of irrational complacency.

After the bursting of the technology bubble of the 1990s failed to
produce a global disaster, investors began to act as if nothing bad
would ever happen again. Risk premiums — the extra return people demand
when lending money to less than totally reliable borrowers — dwindled
away.

For example, in the early years of the decade, high-yield corporate
bonds (formerly known as junk bonds) were able to attract buyers only
by offering interest rates eight to 10 percentage points higher than
U.S. government bonds. By early 2007, that margin was down to little
more than two percentage points.

For a while, growing complacency became a self-fulfilling prophecy. As
the what-me-worry attitude spread, it became easier for questionable
borrowers to roll over their debts, so default rates went down. Also,
falling interest rates on risky bonds meant higher prices for those
bonds, so those who owned such bonds experienced big capital gains,
leading even more investors to conclude that risk was a thing of the
past.

Sooner or later, however, reality was bound to intrude. By early 2007,
the collapse of the U.S. housing boom had brought with it widespread
defaults on subprime mortgages — loans to home buyers who fail to meet
the strictest lending standards. Lenders insisted that this was an
isolated problem, which wouldn’t spread to the rest of the market or to
the real economy. But it did.

For a couple of months after the shock of Feb. 27, markets oscillated
wildly, soaring on bits of apparent good news, then plunging again. But
by late spring, it was clear that the self-reinforcing cycle of
complacency had given way to a self-reinforcing cycle of anxiety.

There was still one big unknown: had large market players, hedge funds
in particular, taken on so much leverage — borrowing to buy risky
assets — that the falling prices of those assets would set off a chain
reaction of defaults and bankruptcies? Now, as we survey the financial
wreckage of a global recession, we know the answer.

In retrospect, the complacency of investors on the eve of the crisis seems puzzling. Why didn’t they see the risks?

Well, things always seem clearer with the benefit of hindsight. At the
time, even pessimists were unsure of their ground. For example, Paul
Krugman concluded a column published on March 2, 2007, which described
how a financial meltdown might happen, by hedging his bets, declaring
that: “I’m not saying that things will actually play out this way. But
if we’re going to have a crisis, here’s how.”

Becoming An Email Ninja

While I am on a productivity tear here, I will also recommend another of Merlin’s post at 43Folders called "Becoming An Email Ninja". It has a series of links to his classic email productivity posts for both receiving and composing emails. One of his most emphatic suggestions is to turn your "check for new email" preference to an hour. This helps to prevent you from living continually in your inbox with messages hitting you every minute. Email has truly become a ball and chain from a time management perspective since people can generate and fire off emails with little effort and, since it is so easy, don’t truly think through things like brevity, need for even sending it, replying to "all", and such. As usual, a good post from Merlin, which explains why he has over 100,000 daily readers of his feed.

The Wealthiest Americans in History

Fortune published the updated list of the wealthiest people in American history, using their networth as a % of GDP to standardize figures. Some I had never heard of and some I was surprised by. I was also amazed that at his peak, John D Rockefeller’s wealth = 1/65th total GDP…
     Name                               Net Worth       %of GDP
1. Rockefeller                          $1.4B              1/65
2. Cornelius Vanderbilt             $105m             1/87
3. John Jacob Astor                $20m               1/107
4. Stephen Girard                    $7.5m              1/150 (who???)
5. Bill Gates                           $82B                1/152
6. Andrew Carnegie                 $475m              1/166
7. Alexander Stewart               $50m                1/178 (who again..Merchant Prince?)
8. Frederick Weyerhauser        $200m             1/182
9. Jay Gould                           $77m                 1/185
10.Stephen Van Rensslelaer     $10m               1/194

Building a Smarter To Do List

If time be of all things the most precious, wasting time must be the greatest prodigality.
      — Benjamin Franklin

Like with the weather, everyone talks about productivity & time management but few do anything about it. Over the past year, I have found that I have increasingly less control over my day and seem to achieve less of my "bigger" goals than in the past. It has been a gradual erosion. Unfortunately, I am not alone in this experience. In coming across several interesting blogs on "productivity" and "quality of life", I have decided to add another category to my blog, "Productivity", and will torture my poor reader base with an occassional gem when I come across it. One of the great sites for this is 43Folders.

One of Merlin Mann’s most popular posts in 43Folders is Building a Smarter To Do List which I highly recommend you click on if this is of interest to any of you. He pulls many of his ideas from the book Getting Things Done which you can get at Amazon (link on title). One of the key points he starts off with is that we all fail to differentiate between tasks and mini-projects. His definition of what consistitutes a task (and hence should be on the list) is:

  • it’s a physical action
  • it can be accomplished at a sitting
  • it supports valuable progress toward a recognized goal
  • it’s something for which you are the most appropriate person for the job
  • (more on this in his post "Does this next action belong"

I have found my to do list getting bigger and bigger as I have a growing number of to do’s that are so monumental in scope (do due diligence on ethanol) that I procrastinate and do the shorter items. At the end of the day, I still see these items on my to do list (and their number is growing) and I feel that pressure that I failed to accomplish my to do’s that day and have that much more anxiety the next morning when I have to face this "undefeatable" list.

I have now pushed these larger "mini-projects" over to Omnioutliner (you can use Word or any other application) where I have each project and have broken each into specific clear tasks. Each morning, I pull specific tasks over to my main to do list. Ironically, my to do list has shrunk and I end each day having gotten through most of the items…a pseudo victory.

There are a host of additional insightful recommendations and thoughts in these posts (he has Part I and Part II) which capture how to decide how to filter items to reduce both the Project and To Do lists.

How Not To Talk to Your Kids (Employees)

I often find that many of the principles and approaches I use with my kids, work well in managing deals (I can go into more detail on a later post). A recent post from Whitney Tilson highlighted yet another area where this plays out…the fine art of complimenting/motivating employees. I would hazard a guess that the lessons below apply both at work and at home. In the article, researchers lay out recent findings that praise for effort versus praise for skill or intelligence produces dramatically more positive results.  Whitney is referring to a recent article by Po Bronson, NY Magazine,  "How Not to Talk to Your Kids"

"STOP THE PRESSES!

I know I send out a ton of emails and I suspect very few of you read them all, so every month or two, when I come across an article that is a must-read, I pull out my STOP THE PRESSES!

This article has rocked my world because the findings it outlines — for example, that while praising children is good, the key is to focus on praising EFFORT, not intelligence — have hugely powerful implications for educating children and are completely contrary to conventional wisdom.

I found these results to be particularly amazing: a mere 50-minute class with one powerful message could have such an impact?!

Click here for the "How Not to Talk to Your Kids article"

When VC’s Feud…

When I was in college, a friend of mine had three pirahna he kept in his dorm room. Over the course of a year, Blinky ended up eating Zero and Fatboy. He then looked very lonely. My friend used to say that he "had trouble feeling sorry for someone who just ate his two friends."

Well, just so you don’t think that VC’s only pick on entrepreneurs, every once and a while, VC’s class heads in public. One of the stranger encounters was captured today in PE Week in a piece called Random Ramblings: Sequoia v. ComVen:

"The VSP Capital Memorial trophy is awarded each year to the venture capitalfirm that most effectively turns itself into a punching bag. The 2007 front runner is ComVentures.

First came the recent FilmLoop flap, in which ComVentures engineered the sale of one portfolio company to another. Now comes another troubling development: While ComVentures was working to sell FilmLoop last December, it also was being sued by Sequoia Capital for copyright infringement. ComVentures says the case has since been “resolved amicably,” even though no resolution has yet appeared in the court’s online records system. Neither Sequoia nor its attorney returned request for comment or confirmation (download all relevant court filings here).

This is a bizarre story for two reasons. First, because of how obstinate ComVentures seems to have been. Second, because such cases generally get resolved long before they reach court dockets (credit to VC Litigation Reporter for first spotting this).

According to court documents, both Sequoia and ComVentures redesigned their websites last year. Sequoia went first with an August 30 launch, and even took the unusual step of registering the site as an original work of authorship with the U.S. Copyright Office. Soon after, the firm’s servers began “to detect significant and prolonged access to the site from someone sharing the IP address for, and presumably within, the ComVentures network.” A printout of Sequoia’s server logs were filed with the court, and can be downloaded below as Docs 2. In all there were 373 recorded visits.

Six weeks later, ComVentures unveiled its own redesign. The new site had a number of striking similarities to the Sequoia site, in terms of both setup and style. For example, check out this ComVentures page and this Sequoia Capital page. Pay particular attention to the geography and company-stage navigation bars.

Had the complaint stopped here, I would have assumed that some ComVentures lackey/designer had simply made a mistake in not knowing that you can’t rip off someone else’s site. He/she was told that the ComVentures brain-trust admired the Sequoia site, and took that to mean “copy it.” After all, the first question any web designer asks when building a new site is: “What other sites do you like?”

And maybe that’s exactly what happened. But what happened next is bizarre. Sequoia’s Mike Moritz allegedly called ComVentures chief Roland van der Meer to complain on at least two separate occasions. Sequoia’s outside counsel also formalized the request in a letter to ComVentures’ outside counsel. The complaint alleges that ComVentures agreed to make “certain changes,” but then that the only real changes made were that the offending pages were not directly linkable from the ComVentures homepage. In other words, the alleged copyright infringement remained, but was just a bit harder to find.

Again, I would like to think this was a slip up (sometimes hard to find all legacy pages) – except that the offending pages are still online nearly three months after the suit was filed. Maybe there was concern that full retreat would be perceived as admittance of guilt, but ComVentures isn’t willing to get into that level of detail with me (not that I blame them).

Sequoia had been seeking both real and punitive damages, and I do not know if any money changed hands via the apparent settlement. But I do know that this is just one more headache ComVentures did not need right now…

Two other quick thoughts: (1) It is important to note that it is difficult to judge a legal complaint’s allegations without also getting the defendant’s point-of-view. In this case, ComVentures does not seem to have filed any documents. (2) Sequoia picking on ComVentures is a bit like Iron Mike picking on King Hippo, and I’d certainly agree that Sequoiaseems to takeitself a bit too seriously. But, that said, no one knows the value of copyright — or patent — protection better than a VC firm, and it makes total sense that they’d want to protect what they feel is theirs."

Call for Semel’s Head

"Go for a business that any idiot can run – because sooner or later, any idiot probably is going to run it."
              – Peter Lynch

I have often thought that I could do well managing public company investments based upon the experiences, perceptions and fears of our early stage companies interacting with them. During the Carly era, none of our companies had any kind of rational interactions with HP. Everything was mired in bureaucracy and crazy decision making. In came Hurd and things changed almost overnight.

Well, I have been waiting for this to happen at Yahoo. They have an amazing franchise with an incredible subscriber base and yet Semel can’t get out of his own way. Google is running rings around him. TechCrunch commented on a recent Seeking Alpha story laying out Semel’s dismal performance and his excessive compensation ($550m over 5 years is outrageous). When Semel gets the boot, get ready to buy Yahoo stock as it will move big-time…

"Seeking Alpha
has a long story outlining Yahoo CEO Terry Semel’s failings since his
hiring in 2001, and basically calls for his head on a platter. The
bottom line: Google has grown its shareholder value 21 times more efficiently than Yahoo during the time Semel has been at the company.
Semel supporters point out the Yahoo did buy Overture, keeping them in
the game, but others note that Semel had the opportunity to buy Google
instead for $3 billion or so in 2002 (Yahoo also didn’t buy YouTube or
MySpace when the opportunity came up). The article also mentions
Semel’s total compensation over the last 5 years – $550 million.

Panama is off to a brisk and surprisingly strong start
(more on this in an upcoming post). Forgetting Semel for a moment, it
may be the single most important factor keeping Yahoo an independent
company in the near term. It also might be the product that allows
Semel to keep his job, or at least make a graceful exit later this year."

Those Pesky Common Shareholders

Rick Segal posted a great piece, A Fatal Paper Cut , laying out the importance of incorporating the key voting elements into your early and initial share grants and purchases. When new money comes in, it will usually ask that most, if not all, of the existing investors have signed off and agreed to the terms of the new money. They do not want to take a minority shareholder suit at some future date. Unfortunately, many entrepreneurs begin issuing stock early and often in lieu of cash (programmers, attorneys, etc) as well as to angel investors. It is critical that you also include a Voting Agreement with these shares that layout specifically how future approvals will occur.  In the cleanest situation, you can state that if the majority of a share class (e.g. common in this case) agree with a certain action (financing, merger, etc), that the entire class is "dragged along". You can set up more refined versions of this whereby this applies to investors owning less than x% (say 10%). In any case, you do not want to end up in a situation where you are trying to chase down signatures for a much needed financing and you either a) can’t find the shareholders or b) they are holding out.