How Do I Value My Startup?

September 1st, 2010

Introduction

This post was originally part of my weekly “Ask the Attorney” series which I am writing for VentureBeat (one of my favorite websites for entrepreneurs).  Please shoot me any questions you may have in the comments section – or feel free to call me directly at 415-979-9998.  Many thanks, Scott

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Helping Entrepreneurs Succeed: John Doerr

August 30th, 2010

To Our Clients & Friends: Welcome to our weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we post a short video clip of a successful entrepreneur, investor or business leader on a variety of topics to help entrepreneurs succeed.

This week, we present legendary investor John Doerr, a partner at Kleiner Perkins.  Eric Schmidt calls John “one of Google’s best board members”; and Jeff Bezos noted that “Doerr (and Kleiner) is the center of gravity in the Internet.”  In this interesting, one-minute clip from 2005 (courtesy of Stanford University’s Entrepreneurship Corner), John discusses how to negotiate valuations with VC’s and related issues.  

I included this clip as a supplement to my blog post today on VentureBeat in which I advised entrepreneurs that: “[Y]ou need to get out there and effectively pitch a bunch of VC’s in your space and get them excited about your venture.  By doing so, you can, in effect, drive the market by creating a competitive environment and playing the VC’s off of each other.”  Many thanks, Scott

Walker Twitter Highlights: August 22nd – 28th

August 29th, 2010

I’m using Twitter as a form of micro-blogging to share interesting articles, blog posts and podcasts relating to entrepreneurship, startup and corporate law issues, and mergers & acquisitions.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and two most popular blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.  Many thanks, Scott

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Motivational Clips for Entrepreneurs: “It Still Is”

August 27th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough being an entrepreneur – and whether you’re launching a venture, trying to execute on your business plan or pitching investors, you need a little juice to help you push the ball forward.  I hope these videos are a little juice.  Cheers, Scott

What Is a Liquidation Preference?

August 25th, 2010

Introduction

This post was originally part of my weekly “Ask the Attorney” series which I am writing for VentureBeat (one of my favorite websites for entrepreneurs).  Please shoot me any questions you may have in the comments section – or feel free to call me directly at 415-979-9998.  Many thanks, Scott

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Helping Entrepreneurs Succeed: Marc Andreessen

August 23rd, 2010

To Our Clients & Friends: Welcome to our weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we post a short video clip of a successful entrepreneur, investor or business leader on a variety of topics to help entrepreneurs succeed.

This week, we present Marc Andreessen, a brilliant entrepreneur and co-founder and general partner of the venture capital firm, Andreessen Horowitz; he is also co-founder and chairman of Ning.  In this interesting, three-minute clip (courtesy of Stanford University’s Entrepreneurship Corner), Marc discusses (i) how to attract top talent to your startup and (ii) the hiring process generally.  I hope you enjoy it.  Many thanks, Scott

Walker Twitter Highlights: August 15th – 21st

August 22nd, 2010

I’m using Twitter as a form of micro-blogging to share interesting articles, blog posts and podcasts relating to entrepreneurship, startup and corporate law issues, and mergers & acquisitions.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and two most popular blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.  Many thanks, Scott

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Motivational Clips for Entrepreneurs: “This Was Their Finest Hour”

August 20th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough being an entrepreneur – and whether you’re launching a venture, trying to execute on your business plan or pitching investors, you need a little juice to help you push the ball forward.  I hope these videos are a little juice.  Cheers, Scott

What Are the 5 Biggest Mistakes that Startups Make Regarding IP?

August 18th, 2010

Introduction

This post was originally part of my “Ask the Attorney” series which I am writing for VentureBeat (one of my favorite websites for entrepreneurs).  Below is a longer, more comprehensive version.

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Helping Entrepreneurs Succeed: David Heinemeier Hansson

August 16th, 2010

To Our Clients & Friends: Welcome to our weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we post a short video clip of a successful entrepreneur, investor or business leader on a variety of topics to help entrepreneurs succeed.

This week, we present David Heinemeier Hansson, who is the creator of the Ruby on Rails web development framework, a co-founder of 37signals and the co-author of the best-selling book Rework.  In this interesting, three-minute clip (courtesy of Stanford University’s Entrepreneurship Corner), David discusses the problem with accepting venture capital funding.  I hope you enjoy it.  Many thanks, Scott

Gone Fishing

August 3rd, 2010

We’ve gone fishin’.  No blog posts or tweets for a couple of weeks.  Happy summer days.

Walker Twitter Highlights: July 25th – 31st

August 1st, 2010

I’m using Twitter as a form of micro-blogging to share interesting articles, blog posts and podcasts relating to entrepreneurship, startup and corporate law issues, and mergers & acquisitions.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and two most popular blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.  Many thanks, Scott

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Motivational Clips for Entrepreneurs: Rest If You Must, But Don’t You Quit.

July 30th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough being an entrepreneur – and whether you’re launching a venture, trying to execute on your business plan or pitching investors, you need a little juice to help you push the ball forward.  I hope these videos are a little juice.  Cheers, Scott

“Ask the Business Attorney”: What Are the Most Common Mistakes Startups Make Dealing with VC’s?

July 28th, 2010

Introduction

This post was originally part of my “Ask the Attorney” series which I am writing for VentureBeat; below is a longer, more comprehensive version.  Please feel free to call me directly if you have any questions (415-979-9998).  Thanks, Scott

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Helping Entrepreneurs Succeed: Mark Pincus

July 26th, 2010

To Our Clients & Friends: Welcome to our weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we post a short video presentation or interview of a successful entrepreneur, investor or business leader on a variety of topics to help entrepreneurs succeed.

This week, we present Mark Pincus, co-founder and CEO of Zynga and a very smart and successful entrepreneur.  First, there is an interesting, four-minute excerpt from Mark’s presentation at Stanford in October 2009 (via Stanford University’s Entrepreneurship Corner), in which Mark discusses (i) mapping a strategy as CEO, (ii) “writing your story” and (iii) negotiating with VC’s. 

As a bonus, we also present Mark’s interview in December 2009 on Charlie Rose.  There is also an interesting article in yesterday’s New York Times discussing Zynga and Mark’s success.  We indeed hope you find the videos and article helpful.  Many thanks, Scott

Walker Twitter Highlights: July 18th – 24th

July 25th, 2010

I’m using Twitter as a form of micro-blogging to share interesting articles, blog posts and podcasts relating to entrepreneurship, business and corporate law issues, and mergers & acquisitions.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and two most popular blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.  Many thanks, Scott

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Motivational Clips for Entrepreneurs: Selling by Day, Learning by Night (via Mark Cuban)

July 23rd, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough being an entrepreneur – and whether you’re launching a venture, trying to execute on your business plan or pitching investors, you need a little juice to help you push the ball forward.  Here’s a video of superstar entrepreneur Mark Cuban (which I hope provides a little juice).  Cheers, Scott

“Ask the Business Attorney” – Will the New Financial Reform Bill Destroy Angel Investing?

July 21st, 2010

Introduction

This post was originally part of my “Ask the Attorney” series which I am writing for VentureBeat.  Below is a longer, more comprehensive version.  Please shoot me any questions you may have in the comments section – or feel free to call me directly at 415-979-9998.  Many thanks, Scott

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Helping Entrepreneurs Succeed: Sergey Brin and Larry Page

July 19th, 2010

To Our Clients & Friends:  Welcome to our weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we post a short video presentation or interview of a successful entrepreneur, investor or business leader on a variety of topics to help entrepreneurs succeed.

Today we present Sergey Brin and Larry Page, the co-founders of Google and brilliant entrepreneurs, from a 2001 interview with Charlie Rose.  In this interesting, 14-minute clip, Sergey and Larry discuss, among other things, (i) the history of Google, (ii) their search for money, (iii) their business model, (iv) their relationship (and why they disliked each other) and (v) the rationale for bringing on Eric Schmidt as CEO.  I hope you enjoy it.  Thanks, Scott

Walker Twitter Highlights: July 11th – 17th

July 18th, 2010

I’m using Twitter as a form of micro-blogging to share interesting articles, blog posts and podcasts relating to entrepreneurship, business and corporate law issues, and mergers & acquisitions.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and two most popular blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.  Many thanks, Scott

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Motivational Clips for Entrepreneurs: If You Want It, Go Get It.

July 16th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough being an entrepreneur – and whether you’re launching a venture, trying to execute on your business plan or pitching investors, you need a little juice to help you push the ball forward.  I hope these videos are a little juice.  Cheers, Scott

“Ask the Business Attorney” – 7 Negotiating Tips for Entrepreneurs

July 14th, 2010

Introduction

This post was originally part of my “Ask the Attorney” series which I am writing for VentureBeat; below is a longer, more comprehensive version.  Please feel free to call me directly if you have any questions (415-979-9998).  Thanks, Scott

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Helping Entrepreneurs Succeed: Reid Hoffman

July 12th, 2010

To Our Clients & Friends: Welcome to our weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we post a short video presentation or interview of a successful entrepreneur, investor or business leader on a variety of topics to help entrepreneurs succeed.

This week, we present Reid Hoffman, co-founder of LinkedIn, a partner at Greylock and a brilliant entrepreneur  (courtesy of Stanford University’s Entrepreneurship Corner).  In this interesting, six-minute excerpt (from February 2007), Reid discusses certain fundamental principles of entrepreneurship, including the importance of (i) measuring your failing points as early as possible, (ii) time cycles (and luck), and (iii) taking controlled risk.

I hope you enjoy it.  Thanks, Scott

Walker Twitter Highlights: July 4th – 10th

July 11th, 2010

I’m using Twitter as a form of micro-blogging to share interesting articles, blog posts and podcasts relating to entrepreneurship, business and corporate law issues, and mergers & acquisitions.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and two most popular blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.  Many thanks, Scott

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Motivational Clips for Entrepreneurs: Believe You Can Achieve It

July 9th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s tough being an entrepreneur; and whether you’re launching a venture, trying to execute on your business plan or pitching investors, you need a little juice to help you push the ball forward.  I hope these videos are a little juice.  Cheers, Scott

“Ask the Business Attorney” – What Are the Biggest Legal Mistakes Startups Make Raising Capital?

July 7th, 2010

Introduction

This post was originally part of my “Ask the Attorney” series which I am writing for VentureBeat; below is a longer, more comprehensive version.  I know this stuff tends to be very technical (and perhaps boring), but it is nevertheless critical that entrepreneurs have a basic understanding of the securities laws.

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Helping Entrepreneurs Succeed: Mark Zuckerberg

July 6th, 2010

To Our Clients & Friends: Welcome to our weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we post a short video presentation or interview of a successful entrepreneur, investor or business leader on a variety of topics to help entrepreneurs succeed.

This week, we present Mark Zuckerberg, co-founder of Facebook and a brilliant entrepreneur (courtesy of Stanford University’s Entrepreneurship Corner).  In this interesting, three-minute excerpt (from October 2005), Mark discusses building and managing his Facebook team.

As a bonus video, we also present Jim Breyer, Managing Partner of Accel Partners, who briefly talks about the importance of Mark’s listening skills and his ability to experiment.  I hope you enjoy them.  Thanks, Scott

Walker Twitter Highlights: June 27th – July 3rd

July 4th, 2010

I’m using Twitter as a form of micro-blogging to share interesting articles, blog posts and podcasts relating to entrepreneurship, business and corporate law issues, and mergers & acquisitions.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and two most popular blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.  Many thanks, Scott

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Motivational Clips for Entrepreneurs: Inch by Inch

July 2nd, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough trying to build a company -- and we all need a little juice to help us push the ball forward.  I hope these videos are a little juice.  Cheers, Scott

“Ask the Business Attorney” – What’s Wrong with a Partnership?

June 30th, 2010

Introduction

This post was originally part of my “Ask the Attorney” series which I am writing for VentureBeat (one of the most popular websites for entrepreneurs); it is part 3 of 3 of my posts on choice of entity.  Two weeks ago (in part 1), I discussed what’s wrong with an LLC.  Last week (in part 2), I discussed what’s wrong with a sole proprietorship; and this week I’ll address what’s wrong with a partnership.  Please shoot me any questions you may have in the comments section.  Many thanks, Scott

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Helping Entrepreneurs Succeed: Larry Page

June 29th, 2010

To Our Clients & Friends:  Welcome to our weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we post a short video presentation or interview of a successful entrepreneur, investor or business leader on a variety of topics to help entrepreneurs succeed.

Today, as a bonus to yesterday’s presentation by Keith Rabois, we have Larry Page, co-founder of Google and a brilliant entrepreneur, from a 2002 presentation at Stanford (courtesy of Stanford University’s Entrepreneurship Corner).  In this interesting, 4-minute excerpt, Larry discusses, among other things, the importance of (i) having great people involved with your venture; (ii) becoming an “expert” in your space/domain; (iii) having a “healthy disregard for the impossible”; and (iv) not starting a company because the space is “hot.”  I hope you enjoy it.  Thanks, Scott

Helping Entrepreneurs Succeed: Keith Rabois (of Slide)

June 28th, 2010

To Our Clients & Friends: Welcome to our weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we post a short video presentation or interview of a successful entrepreneur, investor or business leader on a variety of topics to help entrepreneurs succeed.

This week, we present Keith Rabois, Executive Vice President of Strategy & Business Development for Slide and a very smart investor (courtesy of GigaOm TV).  In this interesting, 20-minute interview, Keith discusses, among other things: (i) the recent increases in the size of angel rounds, (ii) making investment decisions, (iii) how “cool” it is being a seed investor, (iv) the changing role of the VC, (v) how to choose the right investor and (vi) the excitement of being an entrepreneur.  I hope you enjoy it.  Thanks, Scott

Walker Twitter Highlights: June 20th – 26th

June 27th, 2010

I’m using Twitter as a form of micro-blogging to share interesting articles, blog posts and podcasts relating to entrepreneurship, business and corporate law issues, and mergers & acquisitions.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and two most popular blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.  Many thanks, Scott

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Motivational Clips for Entrepreneurs: The 10,000-Hour Rule (via Malcolm Gladwell)

June 25th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough trying to build a company -- and we all need a little juice to help us push the ball forward.  I hope these videos are a little juice.  Cheers, Scott

“Ask the Business Attorney”: What’s Wrong with a Sole Proprietorship?

June 23rd, 2010

Introduction

This post was originally part of my “Ask the Attorney” series which I am writing for VentureBeat (one of the most popular websites for entrepreneurs); it is part 2 of 3 of my posts on choice of entity.  Last week (in part 1), I discussed what’s wrong with an LLC.  This week I address what’s wrong with a sole proprietorship; and next week I’ll address what’s wrong with a partnership.  Please shoot me any questions you may have in the comments section.  Many thanks, Scott

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Helping Entrepreneurs Succeed: Guy Kawasaki

June 22nd, 2010

To Our Clients & Friends:  Welcome to our new weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we post a short video presentation or interview of a successful entrepreneur, investor or business leader on a variety of topics to help entrepreneurs succeed.

This week, we present Guy Kawasaki, managing director of Garage Technology Ventures, co-founder of Alltop and a very smart investor and marketing guy.  In this interesting presentation from a few years ago, Guy discusses, among other things: (i) keeping MBA’s and consultants out of startups, (ii) creating a mantra (not a mission statement) for your venture, (iii) the importance of “getting going,” (iv) defining a business model, (v) the ideal powerpoint presentation and (vi) the “bozo explosion.”  I hope you enjoy it.  Thanks, Scott

Walker Twitter Highlights: June 13th – 19th

June 20th, 2010

I’m using Twitter as a form of micro-blogging to share interesting articles, blog posts and podcasts relating to entrepreneurship, business and corporate law issues, and mergers & acquisitions.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and two most popular blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.  Many thanks, Scott

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Motivational Clips for Entrepreneurs: Wanna Be the Best

June 18th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s tough trying to build a company -- and we all need a little juice to help us push the ball forward.  I hope these videos are a little juice.  This one is in tribute to the 2010 World Cup.  Cheers, Scott

“Ask the Business Attorney” – What’s Wrong with an LLC?

June 16th, 2010

Introduction

This post was originally part of my weekly “Ask the Attorney” series which I am writing for VentureBeat (one of the most popular websites for entrepreneurs).  Below is a longer version.  Please shoot me any questions you may have in the comments section.  Many thanks, Scott

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Helping Entrepreneurs Succeed: Steve Case

June 15th, 2010

To Our Clients & Friends: Welcome to our weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we post a short video interview or presentation of a successful entrepreneur, investor or business leader on a variety of topics to help entrepreneurs succeed.

Yesterday, we presented Tony Hsieh of Zappos.  Today, as a bonus video, we present Steve Case, the co-founder and former CEO of AOL, and an extraordinary entrepreneur (courtesy of Stanford University’s Entrepreneurship Corner).  Steve discusses (i) the importance of entrepreneurship and innovation in this country; and (ii) the “3 P’s” – people, passion and perseverance (through the prism of his own career). 

Please note that this video is a little longer than the others in this series, but well worth it.  Thanks, Scott

Helping Entrepreneurs Succeed: Tony Hsieh of Zappos

June 14th, 2010

To Our Clients & Friends:  Welcome to our new weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we post a short video interview of a successful entrepreneur, investor or business/thought leader on a variety of topics to help entrepreneurs succeed.

This week, we present Tony Hsieh, the CEO of Zappos.  In this interesting speech, Tony discusses (i) the history of Zappos, (ii) customer service and the “wow” experience and (iii) the importance of company culture.  I hope you enjoy it.  Thanks, Scott

Walker Twitter Highlights: June 6th – 12th

June 13th, 2010

I’m using Twitter as a form of micro-blogging to share interesting articles, blog posts and podcasts relating to entrepreneurship, business and corporate law issues, and mergers & acquisitions.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and my blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.  Many thanks, Scott

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Motivational Clips for Entrepreneurs: “Are You Going to Finish Strong?”

June 10th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough trying to build a company -- and we all need a little juice to help us push the ball forward.  I hope these videos are a little juice.  Cheers, Scott

“Ask the Business Attorney” – What Are the Biggest Legal Mistakes that Startups Make?

June 9th, 2010

Introduction

This post was originally part of my “Ask the Attorney” series which I am writing for VentureBeat (one of the most popular websites for entrepreneurs).  Below is a longer, more comprehensive version — with ten mistakes, instead of six. 

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Helping Entrepreneurs Succeed: Brad Feld

June 8th, 2010

To Our Clients & Friends:  Welcome to our new weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we post a short video interview of a successful entrepreneur, investor or business leader on a variety of topics to help entrepreneurs succeed.

This week, we present Brad Feld, co-founder of the Foundry Group and a very smart investor (courtesy of GigaOm TV).  Brad discusses, among other things, seed funds and the emergence of new angel investors and offers some great advice to entrepreneurs, including having a “chip on your shoulder” and “picking your 2%”.  I hope you enjoy it.  Thanks, Scott

Walker Twitter Highlights: May 30th – June 5th

June 6th, 2010

I’m using Twitter as a form of micro-blogging to share interesting articles, blog posts and podcasts relating to entrepreneurship, business and corporate law issues, and mergers & acquisitions.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and my blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.  Many thanks, Scott

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Motivational Clips for Entrepreneurs: “Hustle Is the Most Important Word. . . Ever” (via Gary Vaynerchuk)

June 4th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough trying to build a company -- and we all need a little juice to help us push the ball forward.  I hope these videos are a little juice.  Cheers, Scott

Ask the Business Attorney – What Is an Employee Stock Option?

June 2nd, 2010

Introduction

This post was originally part of my weekly “Ask the Attorney” series which I am writing for VentureBeat (one of the most popular websites for entrepreneurs).  Below is a longer, more comprehensive version.  Please shoot me any questions you may have in the comments section.  Many thanks, Scott

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Helping Entrepreneurs Succeed: Jeff Bezos

May 31st, 2010

To Our Clients & Friends: Welcome to our new weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we post a short video interview or presentation of a successful entrepreneur, investor or business leader on a variety of topics to help entrepreneurs succeed.

This week, we present Jeff Bezos, the founder, CEO and Chairman of the Board of Amazon.com and an extraordinarily smart entrepreneur, who discusses the importance of (i) obsessing over customers, (ii) inventing to solve problems and (iii) thinking long-term.  I hope you enjoy it.  Thanks, Scott

Walker Twitter Highlights: May 23rd – 29th

May 30th, 2010

I’m using Twitter as a form of micro-blogging to share interesting articles, blog posts and podcasts relating to entrepreneurship, business and corporate law issues, and mergers & acquisitions.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and my blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.  Many thanks, Scott

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Motivational Clips for Entrepreneurs: You Gotta Stay At It (via Joe Liemandt)

May 28th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” – Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough building a company – and we all need a little juice to help us push the ball forward.  I hope these videos are a little juice.  Cheers, Scott

Ask the Business Attorney: Non-Disclosure Agreements

May 26th, 2010

Introduction

This post is part of the “Ask the Attorney” series I am writing for VentureBeat (one of the most popular websites for entrepreneurs).  Below is a longer, more-comprehensive version of the VentureBeat post.

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Helping Entrepreneurs Succeed: Marc Andreessen, Ron Conway and David Hornik

May 24th, 2010

To Our Clients & Friends:  Welcome to our new weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we will post a short video interview of one or more successful entrepreneurs, investors or business leaders on a variety of relevant topics to help entrepreneurs succeed.

This week, we present heavyweight VCs Marc Andreessen, Ron Conway and David Hornik courtesy of TechCrunch and its founder Michael Arrington (who conducted the interview).  They discuss valuation issues, hot investments, and issues relating to venture capital generally.  I hope you enjoy it.  Thanks, Scott

Walker Twitter Highlights: May 16th – 22nd

May 23rd, 2010

I’m using Twitter as a form of micro-blogging to share interesting articles, blog posts and podcasts relating to entrepreneurship, business and corporate law issues, and mergers & acquisitions.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and my blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.  Many thanks, Scott

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Motivational Clips for Entrepreneurs: How Will You Choose To Respond?

May 21st, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough trying to build a company -- and we all need a little juice to help us push the ball forward.  I hope these videos are a little juice.  Cheers, Scott

Helping Entrepreneurs Succeed: Jeff Clavier

May 20th, 2010

To Our Clients & Friends:  Welcome to our new weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we will post a short video interview of a successful entrepreneur, investor or business leader on a variety of relevant topics to help entrepreneurs succeed. 

Earlier this week, we presented Naval Ravikant.  Today (as a bonus interview for this week), we present Jeff Clavier, the founder and Managing Partner of SoftTech VC, who discusses what he looks for in startups (“it’s people, product, market”) and diligence issues.  I hope you enjoy it.  Thanks, Scott

ODE TO OAF: A Personal Tribute to Jason Calacanis, Tyler Crowley & the Angels

May 19th, 2010

In the spirit of entrepreneurship (and fun), I wrote the following poem about my experience at last night’s Open Angel Forum.  Read the rest of this entry »

Helping Entrepreneurs Succeed: Naval Ravikant

May 17th, 2010

To Our Clients & Friends:

Welcome to our new weekly series entitled “Helping Entrepreneurs Succeed.”  Each week, we will post a short video interview or presentation of a successful entrepreneur, investor or business leader on a variety of business and management topics.  This week, we present Naval Ravikant, a smart entrepreneur and angel investor (courtesy of GigaOm TV), who discusses, among other things, (i) what to look for in a co-founder, (ii) the importance of Silicon Valley and (iii) how to get a meeting with an investor.  I hope you enjoy it.  Thanks, Scott

Walker Twitter Highlights: May 9th – 15th

May 16th, 2010

I’m using Twitter as a form of micro-blogging to share interesting articles, blog posts and podcasts relating to entrepreneurship, raising capital, mergers & acquisitions, and lawyering.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and my blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.  Many thanks, Scott

Read the rest of this entry »

Motivational Clips for Entrepreneurs: Follow Your Passion

May 14th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s tough trying to build a company -- and we all need a little juice to help us push the ball forward.  I hope these videos are a little juice.  Cheers, Scott

“Ask the Attorney” – Selling a Venture

May 12th, 2010

Introduction 

This post is part of my “Ask the Attorney” series which I am writing for VentureBeat (one of the most popular websites for entrepreneurs).  As the VentureBeat Editor notes on the site: “Ask the Attorney is a new VentureBeat feature allowing start-up owners to get answers to their legal questions.”  Below is a longer, more-comprehensive version of the VentureBeat post, which provides seven tips to entrepreneurs contemplating selling their venture.

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Walker Twitter Highlights: May 2nd – 8th

May 9th, 2010

To Our Clients & Friends:

I’m using Twitter as a form of micro-blogging to share insightful articles, blog posts and podcasts relating to entrepreneurship, business/corporate law issues and mergers & acquisitions.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and my blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact me through the comments section of this post.  Many thanks, Scott

Read the rest of this entry »

Motivational Clips for Entrepreneurs: Everyday

May 7th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough trying to build a company -- and we all need a little juice to help us push the ball forward.  I hope these videos are a little juice.  Cheers, Scott

“Ask the Attorney” – Acquiring a Company (Part II)

May 5th, 2010

Introduction

This post is part of my weekly “Ask the Attorney” series which I am writing for VentureBeat (one of the most popular websites for entrepreneurs).  As the VentureBeat Editor notes on the site: “Ask the Attorney is a new VentureBeat feature allowing start-up owners to get answers to their legal questions.”  Below is a longer, more-comprehensive version than I posted on the VentureBeat site.

Read the rest of this entry »

Walker Twitter Highlights: April 25th – May 1st

May 2nd, 2010

To Our Clients & Friends:

I am using Twitter as a form of micro-blogging to share insightful articles, blog posts and podcasts relating to entrepreneurship, business/corporate law issues and mergers & acquisitions.

For those of you who missed this week’s Twitter updates, below are my five most popular tweets (via bit.ly) and my blog-related tweets.  If you’d like to see all of my tweets (or an RSS feed of them), you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact me through the comments section of this post.  Many thanks, Scott

Read the rest of this entry »

Motivational Clips for Entrepreneurs: Nothing Great Can Be Accomplished Without Enthusiasm (via Jimmy V)

April 30th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s tough trying to build a company -- and we all need a little juice to help us push the ball forward.  Hopefully, these videos are a little juice.  Cheers, Scott

“Ask the Attorney” – Acquiring a Company (Part 1)

April 28th, 2010

Introduction

This post is part of my weekly “Ask the Attorney” series which I am writing for VentureBeat (one of the most popular websites for entrepreneurs).  As the VentureBeat Editor notes on the site: “Ask the Attorney is a new VentureBeat feature allowing start-up owners to get answers to their legal questions.”  

I have two goals here: (i) to encourage entrepreneurs to ask law-related questions regardless of how basic they may be; and (ii) to provide helpful responses in plain English (as opposed to legalese).  Please give me your feedback in the comments section.  Many thanks, Scott

Read the rest of this entry »

Walker Twitter Highlights: April 18th – 24th

April 25th, 2010

To Our Clients & Friends:

I am using Twitter as a form of microblogging to share insightful articles, blog posts and podcasts relating to entrepreneurship, mergers & acquisitions, and business and corporate law issues. 

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you’d like to see all of our tweets (or an RSS feed of them), you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact me through the comments section of this post.  Many thanks, Scott

Read the rest of this entry »

Motivational Clips for Entrepreneurs: We Have the Talent, But Heart Is Going to Get Us There. (via Michael Jordan)

April 23rd, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough trying to build a company -- and we all need a little juice to help us push the ball forward.  Hopefully, these videos are a little juice.  Cheers, Scott

“Ask the Attorney” – Series FF Stock

April 21st, 2010

Introduction

This post is part of my weekly “Ask the Attorney” series which I am writing for VentureBeat (one of the most popular websites for entrepreneurs).  As the VentureBeat Editor notes on the site: “Ask the Attorney is a new VentureBeat feature allowing start-up owners to get answers to their legal questions.”  Below is a longer, more comprehensive version.  Please give me your input in the comments section.  Many thanks, Scott

Read the rest of this entry »

Walker Twitter Highlights: April 11th – 17th

April 18th, 2010

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you’d like to see all of our tweets (or an RSS feed of them), you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott    

Read the rest of this entry »

Motivational Clips for Entrepreneurs: You Gotta Be Hungry (via Les Brown)

April 16th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough trying to build a company -- and we all need a little juice to help us push the ball forward.  Hopefully, these videos are a little juice.  Cheers, Scott

Webinar for Entrepreneurs: Venture Capital Term Sheets (Plus More)

April 15th, 2010

Introduction

My colleague, Susan Morgan, conducted a webinar yesterday with respect to venture capital term sheets for the “CFO University,” which is group of Chief Financial Officers convening monthly webinars via CFOwise.  As I have previously discussed, Susan recently joined our team and has strong financing experience, including 7+ years at Fenwick & West in Silicon Valley where she closed more than 30 financings.  (You can learn more about Susan’s background on her bio page.)  In conjunction with the webinar, Susan also wrote a brief post on convertible notes.  You can see the webinar and read the post below.  Many thanks, Scott

Read the rest of this entry »

Choice of Entity for Entrepreneurs

April 14th, 2010

Introduction

I had originally intended to discuss “Series FF” stock in today’s post (as a follow-up to last week’s post regarding “Class F” stock); however, I had several telephone calls in the past few days with respect to the issue of choice of entity for startups and thought it would be helpful to get this post up.

Indeed, one of the most important early decisions an entrepreneur must make in connection with his or her venture is the choice of entity.  There are basically six choices: (1) sole proprietorship, (2) general partnership, (3) limited partnership, (4) C corporation, (5) S corporation or (6) limited liability company.  Below is a discussion of each entity, including a basic description, the advantages and disadvantages, the ideal candidate/business for such entity, the cost to set-up such entity and the most important take-away.

Read the rest of this entry »

Walker Twitter Highlights: April 4th – 10th

April 11th, 2010

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets (or an RSS feed of them), you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott

Read the rest of this entry »

Motivational Clips for Entrepreneurs: Get Out of the Stands. Get on the Court.

April 9th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s tough trying to build a company -- and we all need a little juice to help us push the ball forward.  Hopefully, these videos are a little juice.  Cheers, Scott

“Ask the Attorney” – Class F Stock

April 7th, 2010

Introduction

This post is part of my weekly “Ask the Attorney” series which I am writing for VentureBeat (one of the most popular websites for entrepreneurs).  Below is a longer, more comprehensive version.  Many thanks, Scott

Read the rest of this entry »

Walker Twitter Highlights: March 28th – April 3rd

April 4th, 2010

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott 

Read the rest of this entry »

Motivational Clips for Entrepreneurs: Stay Hungry. Stay Foolish. (via Steve Jobs)

April 2nd, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough trying to build a company -- and we all need a little juice to help us push the ball forward.  Hopefully, these videos are a little juice.  Cheers, Scott

A Personal Letter to Senator Dodd Regarding His Anti-Angel Investment Bill

March 31st, 2010

Below is a copy of the letter I just emailed to Senator Dodd’s office with respect to his new financial regulatory reform bill and its material adverse effect on angel investments. 

Read the rest of this entry »

Walker Twitter Highlights: March 21st – 27th

March 28th, 2010

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott    

Read the rest of this entry »

Motivational Clips for Entrepreneurs: The Brick Walls Are There For A Reason

March 25th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough trying to build a company -- and we all need a little juice to help us push the ball forward.  Hopefully, these videos are a little juice.  Cheers, Scott

Introducing Susan Morgan and Kudos to Ted Wang re the Series Seed Documents

March 23rd, 2010

Introduction

I am pleased to welcome officially Susan Morgan to our team.  Susan has 10+ years of sophisticated corporate law experience, including 7+ years at Fenwick & West in Silicon Valley where she closed more than 30 private financings; she is an Adjunct Professor at Golden Gate University, where she teaches a course on Business and Legal Issues in High Technology Startups; and she is a highly successful entrepreneur, having co-founded two software companies.  (You can learn more about Susan’s background on her bio page.)

Read the rest of this entry »

Walker Twitter Highlights: March 14th – 20th

March 21st, 2010

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott

Read the rest of this entry »

Motivational Clips for Entrepreneurs: If You’ve Never Failed, You’ve Never Lived.

March 19th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Clips for Entrepreneurs.”  Each week, we post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s tough trying to build a company -- and we all need a little juice to help us push the ball forward.  Hopefully, these videos are a little juice.  Cheers, Scott

“Ask the Attorney” – Splitting Equity

March 17th, 2010

Introduction

This post is part of my weekly “Ask the Attorney” series which I am writing for VentureBeat (one of the most popular websites for entrepreneurs).  As the VentureBeat Editor notes on the site: “Ask the Attorney is a new VentureBeat feature allowing start-up owners to get answers to their legal questions.”  

I have two goals here: (i) to encourage entrepreneurs to ask law-related questions regardless of how basic they may be; and (ii) to provide helpful responses in plain English (as opposed to legalese).  Please give me your feedback in the comments section.  Many thanks, Scott

Read the rest of this entry »

Walker Twitter Highlights: March 7th – 13th

March 14th, 2010

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott 

Read the rest of this entry »

Motivational Speeches/Clips for Entrepreneurs: I Just Need to Take the First Step

March 12th, 2010

“People often say that motivation doesn’t last.  Well, neither does bathing – that’s why we recommend it daily.” -- Zig Ziglar

Welcome to our weekly series entitled “Motivational Speeches/Clips for Entrepreneurs.”  Each week, we will post a short video or movie clip to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough trying to build and run a company -- and we all need a little juice to help us push the ball forward.  Hopefully, these videos are a little juice.  Cheers, Scott

It’s Time to Destroy the Billable Hour

March 10th, 2010

The Market Problem

As I tweeted a couple of days ago, I recently received three telephone calls over a three-day period from entrepreneurs looking for a new law firm because of the excessive fees of their current law firm.  Two of the three entrepreneurs advised me that they were reluctant to even call their lawyers with a question because of the fees.  I thought to myself:  I get it! 15 minutes = $125-175 for most partners (and those phone calls add up).

Read the rest of this entry »

Walker Twitter Highlights: February 28th – March 6th

March 7th, 2010

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.   Many thanks, Scott

Read the rest of this entry »

Motivational Speeches/Clips for Entrepreneurs: If You Believe You Can Fly. You Will.

March 5th, 2010

Welcome to our new weekly series entitled “Motivational Speeches/Clips for Entrepreneurs.”  Each week, I will post a short video or movie clip to inspire and motivate my fellow entrepreneurs.  Why?  Because it’s fuckn tough trying to build a company -- and we all need a little juice to help us push the ball forward.  Hopefully, these clips are a little juice.  Cheers, Scott

“Ask the Attorney” – Investment Bankers

March 3rd, 2010

Introduction

This post is part of my weekly “Ask the Attorney” series which I am writing for VentureBeat (one of the most popular websites for entrepreneurs).  As the VentureBeat Editor notes on the site: “Ask the Attorney is a new VentureBeat feature allowing start-up owners to get answers to their legal questions.”   

I have two goals here: (i) to encourage entrepreneurs to ask law-related questions regardless of how basic they may be; and (ii) to provide helpful responses in plain English (as opposed to legalese).  Please give me your feedback in the comments section.  Many thanks, Scott

Read the rest of this entry »

Walker Twitter Highlights: February 21st – 27th

February 28th, 2010

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets (via bit.ly).  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here

If you have any questions or comments with respect to any of the tweets below, please contact me through the comments section of this post.  Many thanks, Scott 

Read the rest of this entry »

Motivational Speeches for Entrepreneurs: We Few. We Happy Few.

February 26th, 2010

Welcome to our new weekly series entitled “Motivational Speeches for Entrepreneurs.”  Each week, we will post a short movie clip or video to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuckn tough trying to build a company — and we all need a little juice to help us push the ball forward.  Hopefully, these videos are a little juice.  Cheers, Scott

“Ask the Attorney” – Beware of Finders

February 24th, 2010

Introduction

This post is part of my weekly “Ask the Attorney” series which I am writing for VentureBeat (one of the most popular websites for entrepreneurs).  As the VentureBeat Editor notes on the site: “Ask the Attorney is a new VentureBeat feature allowing start-up owners to get answers to their legal questions.”   

I have two goals here: (i) to encourage entrepreneurs to ask law-related questions regardless of how basic they may be; and (ii) to provide helpful responses in plain English (as opposed to legalese).  Please give me your feedback in the comments section.  Many thanks, Scott

Read the rest of this entry »

Walker Twitter Highlights: February 14th – 20th

February 21st, 2010

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott 

Read the rest of this entry »

Motivational Speeches for Entrepreneurs: Go Get It. Period.

February 19th, 2010

Welcome to our new weekly series entitled “Motivational Speeches for Entrepreneurs.”  Each week, we will post a short video to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fucking tough trying to build a company — and we all need a little juice to help us push the ball forward.  Hopefully, these videos are a little juice.  Cheers, Scott

“Ask the Attorney” – Types of Angel Financing

February 17th, 2010

Introduction

This post is part of a weekly series called “Ask the Attorney,” which I am writing for VentureBeat (one of the most popular websites for entrepreneurs).  As the VentureBeat Editor notes on the site: “Ask the Attorney is a new VentureBeat feature allowing start-up owners to get answers to their legal questions.”   

I have two goals here: (i) to encourage entrepreneurs to ask law-related questions regardless of how basic they may be; and (ii) to provide helpful responses in plain English (as opposed to legalese).  Please give me your feedback in the comments section.  Many thanks, Scott

Read the rest of this entry »

Walker Twitter Highlights: February 7th – 13th

February 14th, 2010

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott 

Read the rest of this entry »

Motivational Speeches for Entrepreneurs: Rocky

February 11th, 2010

Welcome to our new weekly series entitled “Motivational Speeches for Entrepreneurs.”  Each week, we will post a short (2-3 minute) video to inspire and motivate our fellow entrepreneurs.  Why?  Because it’s fuck’n tough trying to build a company — and we all need a little juice to help us push the ball forward.  Hopefully, these videos are a little juice.  Cheers, Scott

“Ask the Attorney”: Single-Member LLCs

February 10th, 2010

Introduction

This post is part of a weekly series entitled “Ask the Attorney,” which I am writing for VentureBeat (one of the most popular websites for entrepreneurs).  As the VentureBeat Editor notes on the site: “Ask the Attorney is a new VentureBeat feature allowing start-up owners to get answers to their legal questions.”   

I have two goals here: (i) to encourage entrepreneurs to ask law-related questions regardless of how basic they may be; and (ii) to provide helpful responses in plain english (as opposed to legalese).  Please give me your feedback in the comments section.  Many thanks, Scott 

Read the rest of this entry »

Walker Twitter Highlights: January 31st – February 6th

February 7th, 2010

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott 

Read the rest of this entry »

“Ask the Attorney” – Formation Issues (Part II)

February 3rd, 2010

Introduction

This post is part of a new series entitled “Ask the Attorney,” which I am writing for VentureBeat (one of my favorite websites for entrepreneurs).  As the VentureBeat Editor notes on the site: “Ask the Attorney is a new VentureBeat feature allowing start-up owners to get answers to their legal questions.”  This post is a longer, more-comprehensive version of the VentureBeat post.  

The goal here is two-fold: (i) to encourage entrepreneurs to ask law-related questions regardless of how basic they may be; and (ii) to provide helpful responses in plain english (as opposed to legalese).  Please give me your feedback in the comments section.  Many thanks, Scott 

Read the rest of this entry »

Walker Twitter Highlights: January 24th – 30th

January 31st, 2010

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott 

Read the rest of this entry »

“Ask the Attorney” – Formation Issues (Part I)

January 27th, 2010

Introduction

This post is part of a new series entitled “Ask the Attorney,” which I am writing for VentureBeat (one of my favorite websites for entrepreneurs).  As the VentureBeat Editor notes on the site: “Ask the Attorney is a new VentureBeat feature allowing start-up owners to get answers to their legal questions.”  This post is a longer, more-comprehensive version of the VentureBeat post.  

The goal here is two-fold: (i) to encourage entrepreneurs to ask law-related questions regardless of how basic they may be; and (ii) to provide helpful responses in plain english (as opposed to legalese).  Please give me your feedback in the comments section.  Many thanks, Scott 

Read the rest of this entry »

Walker Twitter Highlights: January 17th – 23rd

January 24th, 2010

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott 

Read the rest of this entry »

Doing Deals in the New Decade: 7 Tips for Entrepreneurs

January 20th, 2010

Introduction

This post is a longer, more comprehensive version of the post I wrote a couple of weeks ago for VentureHacks, one of the best websites for startups, in which I recommended five New Year’s resolutions for entrepreneurs.  Indeed, as I noted in that post, during my 15+ years as a corporate lawyer (including nearly eight years at two major law firms New York City), I have seen entrepreneurs make certain fundamental mistakes over and over again in connection with doing deals.  So what better way to welcome in the new decade than to provide seven basic tips for entrepreneurs.

(Message to all of my female clients and readers: (i) the term “guys” includes “gals”; and (ii) in tip #6, you can decide what the term “balls” includes.)

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Walker Twitter Highlights: January 10th – 16th

January 17th, 2010

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott 

Read the rest of this entry »

“Ask the Attorney” – Securities Laws

January 12th, 2010

Introduction

This post is part of a new series entitled “Ask the Attorney,” which I am writing for VentureBeat (one of my favorite websites for entrepreneurs).  As the VentureBeat Editor notes on the site: “Ask the Attorney is a new VentureBeat feature allowing start-up owners to get answers to their legal questions.”   

The goal here is two-fold: (i) to encourage entrepreneurs to ask law-related questions regardless of how basic they may be; and (ii) to provide helpful responses in plain english (as opposed to legalese).

Read the rest of this entry »

Walker Twitter Highlights: January 3rd – 9th

January 10th, 2010

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott

Read the rest of this entry »

“Ask the Attorney” – Founder Vesting

January 6th, 2010

Introduction

This post is part of a new series entitled “Ask the Attorney,” which I am writing for VentureBeat (one of my favorite websites for entrepreneurs).  As the VentureBeat Editor notes on the site: “Ask the Attorney is a new VentureBeat feature allowing start-up owners to get answers to their legal questions.”   

The goal here is two-fold: (i) to encourage entrepreneurs to ask law-related questions regardless of how basic they may be; and (ii) to provide helpful responses in plain english (as opposed to legalese). 

Read the rest of this entry »

Walker Twitter Highlights & Holiday Greetings

December 20th, 2009

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets from December 13th though December 20th.  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post. 

Finally, we would like to wish all of our clients and friends Happy Holidays and best wishes for the New Year.  We will be offline until Monday, January 4th.  Many thanks, Scott

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Angel Financings: Five Tips for Entrepreneurs – Part 2

December 16th, 2009

Introduction

This is part two of my two-part series on angel financings.  In part one, I provided the following five tips for entrepreneurs: (i) push for the issuance of convertible notes; (ii) understand the key business terms; (iii) diligence the angel(s); (iv) never subject yourself to personal liability; and (v) comply with applicable securities laws.  Below are five additional tips for entrepreneurs to help them through the angel financing process.  Obviously, this is still a difficult environment in which to raise capital; however, I am confident that 2010 will bring greener pastures. 

    Read the rest of this entry »

Walker Twitter Highlights: December 6th – 12th

December 13th, 2009

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott  

     Read the rest of this entry »

Lessons Learned In The Trenches Of Two Big NYC Law Firms

December 9th, 2009

Introduction

My blog post last week addressed angel financing and included five legal tips for entrepreneurs to help them through the angel financing process.  I had intended to post a part 2 (adding five more tips), but I thought I would try something different to break things up a little.  Accordingly, below is a brief video of three lessons that I learned in the big-firm trenches as a young corporate associate in New York City.  

Oddly enough, I actually look back with fondness on those eight years (including all the all-nighters and weekends working on deals) because of the solid training that I received – which I can finally appreciate practicing law out here in California.  Here are the three lessons: (1) do your due diligence; (2) watch-out using forms from other deals or off the web; and (3) create a competitive environment.  This is part one of an ongoing series.  (Note: videos are tricky and can put some people off; thus, I have also included below the substance of the video in written format.) 

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Walker Twitter Highlights: November 30th – December 5th

December 6th, 2009

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets (or if you would like to receive an RSS feed of them), you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott   Read the rest of this entry »

Angel Financings: Legal Tips For Entrepreneurs – Part 1

December 2nd, 2009

Introduction

I am currently working with several smart, young entrepreneurs who are trying to raise capital from “angels” (i.e., wealthy individuals who invest in start-up companies).  Indeed, since I moved to Los Angeles from New York City in 2005,  I have been involved in a number of angel financings; and what’s interesting from my perspective as a corporate attorney is that the deals run the gamut from an angel handing a check to an entrepreneur and instructing him to “send the paperwork when it’s ready” — to an angel retaining a large, aggressive law firm and insisting on shares of preferred stock, with all the “bells and whistles.”  Below are five tips for entrepreneurs to help them through the angel financing process.  (This is part one of a two-part series; I will provide five additional tips in my next post.) Read the rest of this entry »

Walker Twitter Highlights: November 23rd – 29th

November 29th, 2009

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets or would like to receive an RSS feed of our tweets, you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott     Read the rest of this entry »

Rescission Offers: Five Tips For Entrepreneurs

November 24th, 2009

In light of the Madoff affair and other significant external pressures, the Securities and Exchange Commission (the “SEC”) and State securities law commissions and departments are dramatically stepping-up enforcement of securities laws.  Indeed, there is a heightened level of regulatory scrutiny that entrepreneurs need to be aware of as they struggle to raise capital during this difficult economic period.  I have discussed the most common securities law violations in a relatively recent post: “Five Common Mistakes Entrepreneurs Make in Raising Capital”; and as I pointed out in “Mistake #1”, non-compliance with applicable securities laws could result in serious adverse consequences. Read the rest of this entry »

Walker Twitter Highlights: November 16th – 22nd

November 23rd, 2009

Please note – we changed our Twitter handle to @ScottEdWalker (previously @WalkerCorpLaw).  For those of you who missed this week’s updates, below you’ll find highlights of our top Twitter posts.  If you would like to see all of our tweets or would like to receive an RSS feed of our tweets, you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott   Read the rest of this entry »

Techcrunch Gets It Wrong Re Tweetphoto CEO (Plus, Lessons For Entrepreneurs)

November 19th, 2009

Introduction

Yesterday evening, Michael Arrington of TechCrunch posted an interesting piece entitled “TweetPhoto CEO Says Too Much In Interview, Gets Fired. And That’s Just The Beginning…” (which has been subsequently re-posted throughout the blogosphere).  Unfortunately, Arrington has gotten his facts all wrong — at least according to Dan Caulfield, the CEO in question.

Arrington sets forth in his post that Caulfield “apparently said too much in [his podcast] interview [with Frank Peters], disclosing confidential information about partnerships [and] was fired by the company for the transgression.”  In the comments section to the post, however, Caulfield denied that there was any connection between his firing and the interview.  First, yesterday evening, he noted that: “I conducted this interview on [the] Morning of Nov 9th.  It had nothing to do with me leaving the company”; and then, this morning, he added that: “I was terminated a week prior to anyone hearing the interview.  Events not connected.”  Caulfield also retweeted the TechCrunch link to the post yesterday evening with a “Totally false!” insertion. Read the rest of this entry »

Walker Twitter Highlights: November 9th – 15th

November 15th, 2009

For those of you who do not follow Walker Corporate Law Group, PLLC (Walker) on Twitter, I have set forth below highlights of our tweets for the past seven days (in reverse chronological order).  I indeed hope that a few of the links to articles, blog posts, podcasts and videos are helpful to our clients and friends.  If you would like to follow Walker on Twitter (or if you would like to receive an RSS feed of our tweets), you can sign-up here.  You can also check out the recent tweets of some of the entrepreneurs, venture capitalists and others Walker is following by clicking their photos on such page.  If you have any questions or comments (or if you would like any additional information) with respect to any of the tweets below, please contact me through the comments section of this post.  Many thanks, Scott   Read the rest of this entry »

Issuing Stock Options: Ten Tips For Entrepreneurs

November 11th, 2009

Fred Wilson, a New York City-based VC, wrote an interesting post a few days ago entitled “Valuation and Option Pool,” in which he discusses the “contentious” issue of the inclusion of an option pool in the pre-money valuation of a start-up company.  Based on the comments to such post and a google search of related posts, it occurred to me that there is a lot of misinformation on the Web with respect to stock options – particularly in connection with start-ups.  Accordingly, the purpose of this post is (i) to clarify certain issues with respect to the issuance of stock options; and (ii) to provide ten tips for entrepreneurs who are contemplating issuing stock options in connection with their venture.  Read the rest of this entry »

Walker Twitter Highlights: November 1st – November 8th

November 8th, 2009

For those of you who do not follow Walker Corporate Law Group, PLLC (Walker) on Twitter, I have set forth below highlights of our tweets for the past seven days (in reverse chronological order).  I indeed hope that a few of the links to articles, blog posts, podcasts and videos are helpful to our clients and friends.  If you would like to follow Walker on Twitter (or if you would like to receive an RSS feed of our tweets), you can sign-up here.  You can also check out the recent tweets of some of the entrepreneurs, venture capitalists and others Walker is following by clicking their photos on such page.  If you have any questions or comments (or if you would like any additional information) with respect to any of the tweets below, please contact me through the comments section of this post.  Many thanks, Scott Read the rest of this entry »

Sec Form D And Related Securities Laws: Q&A For Entrepreneurs

November 3rd, 2009

As I mentioned in a recent post, one of things that surprised me when I moved to Southern California from New York City in 2005 was the lack of sophistication of some of the players in the so-called “middle market.”  Indeed, I was particularly surprised to see so many investment bankers and other intermediaries running around and raising capital for private companies without being registered as a “broker-dealer” with the Securities and Exchange Commission (the “SEC”).  As I have previously discussed (see mistake #4 here ), this is a huge potential problem for the issuer, particularly in light of the recent changes to SEC Form D.  Accordingly, I thought it would be helpful to entrepreneurs to provide them with a basic understanding of the new, revised Form D and related securities laws via a question-and-answer format.  Read the rest of this entry »

Walker Twitter Highlights: October 26th – October 31st

October 31st, 2009

For those of you who do not follow Walker Corporate Law Group, PLLC (Walker) on Twitter, I have set forth below highlights of our tweets for the past six days (in reverse chronological order).  I indeed hope that a few of the links to articles, blog posts, podcasts and videos are helpful to our clients and friends.  If you would like to follow Walker on Twitter (or if you would like to receive an RSS feed of our tweets), you can sign-up here.  You can also check out the recent tweets of some of the entrepreneurs, venture capitalists and others Walker is following by clicking their photos on such page.  If you have any questions or comments (or if you would like any additional information) with respect to any of the tweets below, please contact me through the comments section of this post.  Many thanks, Scott   Read the rest of this entry »

Behind The Big Law-Firm Curtain: The Good, The Bad, The Ugly

October 27th, 2009

I’ve been doing deals as a corporate attorney for over 15 years now, including nearly 8 years in the trenches at two big law firms in New York City.  Accordingly, I thought it would be helpful for entrepreneurs if I briefly peel back the curtain of the big law firm and explain how these firms work (i.e., the good, the bad, the ugly) so that entrepreneurs can make an informed decision as to whether it makes sense to be working with a big law firm with respect to a particular corporate project.  Obviously, some of this is a bit self-serving, but entrepreneurs need to understand that the assumption “the bigger, the better” — i.e., the bigger the law firm, the better the representation — is not necessarily the case.  The video version of this post is set forth directly below.

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Walker Twitter Highlights: October 18th – 25th

October 25th, 2009

For those of you who do not follow Walker Corporate Law Group, PLLC (Walker) on Twitter, I have set forth below highlights of our tweets for the past seven days (in reverse chronological order).  I indeed hope that a few of the links to articles, blog posts, podcasts and videos are helpful to our clients and friends.  If you would like to follow Walker on Twitter (or if you would like to receive an RSS feed of our tweets), you can sign-up here.  You can also check out the recent tweets of some of the entrepreneurs, venture capitalists and others Walker is following by clicking their photos on such page.  If you have any questions or comments (or if you would like any additional information) with respect to any of the tweets below, please contact me through the comments section of this post.  Many thanks, Scott Read the rest of this entry »

Buying a Distressed Business: Ten Tips For Entrepreneurs

October 19th, 2009

I remember post-“9/11” working at a major law firm in New York City and watching all of the transactions on my plate fall apart.  Indeed, then (like now), as credit dried-up, the M&A pendulum swung to the acquisition of distressed (i.e., financially-troubled) companies; however, as I learned first-hand, acquiring a distressed company raises a host of significant risks and potential problems that are not typically found in the acquisition of a healthy, solvent company (which I recently discussed here).  Below are ten tips for entrepreneurs who are looking to get into the distressed M&A game.  They relate to two different contexts: (i) prior to (or absent) a distressed target’s Chapter 11 filing — i.e., the non-bankruptcy context; and (ii) after a distressed target’s Chapter 11 filing — i.e., the bankruptcy context. Read the rest of this entry »

Walker Twitter Highlights: October 11th – 17th

October 17th, 2009

For those of you who do not follow Walker Corporate Law Group (Walker) on Twitter, I have set forth below highlights of our tweets for the past seven days (in reverse chronological order).  I indeed hope that a few of the links to articles, blog posts, podcasts and videos are helpful to our clients and friends.  If you would like to follow Walker on Twitter (or if you would like to receive an RSS feed of our tweets), you can sign-up here.  You can also check out the recent tweets of some of the entrepreneurs, venture capitalists and others Walker is following by clicking their photos on such page.  If you have any questions or comments (or if you would like any additional information) with respect to any of the tweets below, please contact me through the comments section of this post.  Many thanks, Scott

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Jason Calacanis And John Dilts Should Have A Live Debate

October 12th, 2009

Introduction

There has been quite a bit of excitement on the blogosphere and twitter with respect to Jason Calacanis’s crusade against angel groups charging entrepreneurs fees to pitch them (see, e.g., the discussion on Hacker News and this recent post).  As a corporate attorney representing entrepreneurs, I generally agree in principle with Jason’s position; however, I think it is important to distinguish among the different angel groups and their respective practices. 

Needless to say, to the extent an angel group (i) is not adequately disclosing their fees, (ii) is charging unreasonable fees and/or (iii) is deceiving entrepreneurs, it is a significant problem that needs to be addressed.  On the other hand, (i) if the fees are reasonable/de minimis and are adequately disclosed and (ii) the angel group is providing a legitimate service to entrepreneurs, there may be compelling reasons to support such a fee-based service.  Indeed, as discussed below, John Dilts (the founder and President of Maverick Angels, LLC) recently attempted to make that case to Frank Peters during his podcast interview on 9/24/09 here (referred to herein as the “Dilts Podcast”).

This post briefly (i) provides some background and context, (ii) sets forth the respective arguments made by Jason and John and (iii) concludes by recommending that they should meet face-to-face and have a live debate (in the great American tradition).  Read the rest of this entry »

Walker Twitter Highlights: October 4th – 10th

October 10th, 2009

For those of you who do not follow Walker Corporate Law Group (Walker) on Twitter, I have set forth below highlights of our tweets for the past seven days (in reverse chronological order).  I indeed hope that a few of the links to articles, blog posts, podcasts and videos are helpful to our clients and friends.  If you would like to follow Walker on Twitter (or if you would like to receive an RSS feed of our tweets), you can sign-up here.  You can also check out the recent tweets of some of the entrepreneurs, venture capitalists and others Walker is following by clicking their photos on such page.  If you have any questions or comments (or if you would like any additional information) with respect to any of the tweets below, please contact me through the comments section of this post.  Many thanks, Scott Read the rest of this entry »

Buying A Business: Ten Tips For Entrepreneurs

October 6th, 2009

As I have previously noted, I was a corporate attorney for nearly eight years at two major law firms in New York City; and the majority of my work there was spent negotiating and documenting large mergers and acquisitions for multinational corporations, financial institutions and private equity firms.  When I moved out here to California in 2005 and started focusing on representing entrepreneurs (which meant predominately middle-market M&A transactions), I was surprised to see how unsophisticated a lot of the players are here; in short, it’s a different environment than New York.  Nevertheless, I love living in California, and I am trying to provide to entrepreneurs (via these blog posts) some legal tips and lessons I learned at the big firms in New York City.  Below are ten tips for entrepreneurs who are contemplating acquiring a private company.   Read the rest of this entry »

Walker Twitter Highlights: September 27th – October 3rd

October 3rd, 2009
For those of you who do not follow Walker Corporate Law Group (Walker) on Twitter, I have set forth below highlights of our tweets for the past seven days.  Indeed, I hope that a few of the links to articles, blog posts, podcasts and videos are helpful to our clients and friends.  If you would like to follow Walker on Twitter (or if you would like to receive an RSS feed of our tweets), you can sign-up here.  You can also check out the recent tweets of some of the entrepreneurs, venture capitalists and others Walker is following by clicking their photos on such page.  If you have any questions or comments (or if you would like any additional information) with respect to any of the tweets below, please contact me through the comments section of this post.  Many thanks, Scott
   Read the rest of this entry »

Five Mistakes Entrepreneurs Make in Dealmaking – Part I

September 29th, 2009

I’ve been doing deals as a corporate attorney for over 15 years, including nearly eight years in the trenches at two major law firms in New York City; and during that period, I have seen certain mistakes made by entrepreneurs (and inexperienced deal guys) over and over again.  The purpose of this post (which is part I of a series) is to discuss the following five basic mistakes made by entrepreneurs in connection with corporate transactions: (1) the failure to diligence the guys on the other side of the table; (2) the failure to build a strong transaction team; (3) the failure to run the negotiations through the lawyers; (4) the failure to check their emotions and to remain disciplined; and (5) blinking first.  The video version of this post is set forth immediately below.

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Selling A Company: Ten Tips For Entrepreneurs

September 25th, 2009

Below are ten legal and practical tips for entrepreneurs who are contemplating selling their venture. 

1.  Be Careful with Private Equity Buyers.  Private equity firms are in the business of buying and selling companies.  Accordingly, they are extremely sophisticated and savvy and are often represented by large, aggressive law firms.  Deals with private equity buyers are generally more complex than those done with strategic buyers due to, among other things, the level(s) of debt added to the target and/or financial engineering.  Moreover, unlike most strategic buyers, private equity buyers (i) usually require the selling entrepreneur to rollover part of his/her equity into the acquirer (i.e., to maintain skin in the game) and (ii) may require a financing condition in the acquisition agreement – which obviously adds a level of uncertainty to closure.  Read the rest of this entry »

Five Common Mistakes Entrepreneurs Make In Raising Capital

September 21st, 2009

This post discusses the five most common mistakes entrepreneurs make in raising capital: (i) playing securities lawyer; (ii) selling securities to non-“accredited investors”; (iii) advertising or soliciting investors; (iv) using an unregistered finder to sell securities; and (v) selling preferred stock to angel investors.  The abridged video version is directly below. 

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Launching A Venture: Ten Tips For Entrepreneurs

September 15th, 2009

Below are ten tips for entrepreneurs who are launching a start-up that will seek venture capital (“VC”) financing.  

1.  Protect Yourself from Personal Liability.  The entrepreneur’s first step in connection with launching a start-up should be to form an organization that will protect against personal liability.  As discussed below, a Delaware C-corporation is the structure that VC investors will generally require; however, if a financing is not imminent, it may be prudent for the entrepreneur to form an S-corporation or a limited liability company to obtain “pass-through” tax treatment (and then convert the entity to a C-corporation down the road, if necessary) to take advantage of the company’s initial losses, if applicable.  The bottom line is that the entrepreneur should seek the advice of counsel in connection with the formation of any business organization, including the advice of tax counsel (e.g., shareholders in S-corporations — as opposed to C-corporations — are not eligible for the “qualified small business stock” capital gains tax break; and losses in C-corporations may be deductible up to $50,000/yr. or $100,000/yr. on a joint return with respect to “Section 1244 stock”). Read the rest of this entry »

Founder Vesting: Five Tips For Entrepreneurs

September 10th, 2009

There have been several relatively recent blog posts with respect to the issue of founder vesting, including (i) two posts by Chris Dixon, a smart angel investor and co-founder of Hunch, here and here; and (ii) a post by Mark Suster, a successful entrepreneur turned VC (and another smart guy), here.  There are also a number of solid older posts addressing this issue, including (i) Venture Hack’s post here and (ii) Brad Feld’s post here.  The purpose of this post is three-fold: (i) to weigh-in from the legal side; (ii) to try to pull the foregoing posts together in an organized manner; and (iii) thereby to provide five practical tips to entrepreneurs in connection with founder vesting.   Read the rest of this entry »

Doing Deals With The “Big Boys”: Ten Tips For Entrepreneurs

September 7th, 2009

Entrepreneurs often find themselves in high-stakes negotiations with big, savvy players (referred to herein as “Big Boys”) — whether it be a venture capital firm in connection with a financing or a private equity firm in connection with the acquisition (or recapitalization) of the entrepreneur’s business; the situation can indeed be daunting.  Below are ten tips for entrepreneurs to help them through this process.  Read the rest of this entry »