Endless phone calls to entrepreneurs got you down? Put the phone down and try a few of these smarter tips for breaking through to a promising new company.
Read Full Article about Venture Capital Investment: Working Smart AND HardLast week being the first week of the New Year, I flew to Boston on Tuesday 1/3 to meet with the OpenView Team to accomplish several objectives: We did out annual retrospective as a team against the firms 2011 goals We set our annual 2012 goals for the Outbound, OpenView Labs and the Investment Teams…
Read Full Article about Happy New Year… And You’d Better Be RunningNot sure if you missed it, but a site was launched called ApplicationPrivacy.org. What is the big deal? Well, this project/site is devoted to educating app developers on application privacy issues (a worthy goal). So as a SaaS Attorney, I thought I would share my thoughts on this site/project since there are some great takeaways for…
Read Full Article about Growth Capital: SaaS Lawyer’s Take on ApplicationPrivacy.orgIt is not often that there is a reported case for expansion stage companies that specifically addresses an exclusive software license, so I thought I would share 3 takeaways from this 2011 exclusive software licensing case (HyperQuest vs N’Site Solutions). This case identifies something all companies looking for expansion capital should know about. I will…
Read Full Article about 3 Things You Should Know About Exclusive LicensingThe Federal Trade Commission (aka FTC) has a rule called the Negative Option Rule, which I really think every company seeking a venture capital investment or growth equity should think about. The definition. Negative Option means – when someone ‘fails to act’ (= silence) which means they accepted a contract. Q: Why Does the FTC…
Read Full Article about FTC's Negative Option Rule. What you Need to Know About Your Renewals!The simple answer is no, don’t do it. Ok, let me explain. Background: Where is this whole idea even coming from? Many customers are counseled or taught (BTW, there are lots of companies teaching your customers how to negotiate and buy from you) to send out long RFPs that ask for the world (lots of…
Read Full Article about Should RFP Responses Be Included in SaaS Agreements?The answer is, yes. A very recent case ruled that the parties’ conversation on only IM changed the contract, even though there was nothing actually signed to reflect the change (as one of the venture capital advisors to the OpenView portfolio, I am always looking for cases like this for companies seeking growth capital or…
Read Full Article about Can an IM Conversation Change a Written Contract?As you may have heard, Google settled with the Federal Trade Commission regarding its rollout of Google Buzz and its alleged privacy violations during that rollout. There are a few tips here for every company seeking a venture capital investment or growth capital, so I have tried to outline/simplify them for you. 1) It is…
Read Full Article about 3 ‘PRIVACY’ Takeaways from the Google Buzz FTC Settlement in March 2011While engaging with expansion stage portfolio companies and prospective companies interested in a venture capital investment, I hear mind-numbing metrics thrown around to show that the business is growing and has a sound economic model. I know there are many important ones, but I’m a simple person looking for simple answers. I have boiled it down…
Read Full Article about CEOs listen up, the 3 metrics that matter the mostThere are many different places to go for negotiations training (in general), but where is a great place for learning about the art of software negotiations with customers, partners, etc. (especially for any company seeking growth capital or a venture capital investment)? I highly recommend the Program on Negotiations at Harvard. I have attended some…
Read Full Article about Where to Go For Software Negotiation TrainingWe've built our team around the idea that we will provide meaningful value to each portfolio company.
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