This weekend, a friend of mine asked what were some of the best ways to use technology to be more productive and get more sh*t done.  I thought about it for a bit and came up with a list of the technology tools I use regularly or semi-regularly to help me manage my life.

1. Odesk.  Odesk is number one on this list for a reason.  It’s basically a marketplace for contract services — web design, SEO, short data research projects, etc.  Whatever you need, simply post the job or look for someone on the site and you’ll get people willing to do it for a fee.  You pay Odesk directly and they pay the contractor.  It’s amazing on a number of levels — #1 you can assign the right person at the right rate to the job you are doing; #2 there are so many people on the site, you can always find someone; and #3 the ability to send project internationally keeps the prices reasonable.  Find a project you are dreading, send it to Odesk and you’ll be amazed.
2. LogMeIn.  LogMeIn is a tool that allows you to quickly move from your work machine to your home machine — all through the Internet.  It saves me trouble of having to keep copies of documents on all the computers I work on.  On a per-hour basis, I get the most value out of this tool — and it makes me productive from wherever I am, be it home, traveling or in the office.
3. Tungle.me.  Tungle is a great way to share your schedule without all the details.  Tungle ties into things like Outlook, Gmail, Facebook, TripIt, and Plancast to create an online version of your schedule that others can view.  If I need to schedule a meeting or phone call with someone, my standard operating procedure is to simply send my tungle page (www.tungle.me/erickoester) and tell someone to find a time or times for a meeting.  This saves all the back and forth of coordinating schedules over email or phones.  Plus, my wife has access and knows where to find me (which is a huge additional benefit!)
4. Gist.  Gist is a tool that aggregates content from your contacts into a single source.  If I want to find information on a contact or a company, I usually use Gist.  It’ll pull data from Outlook, Gmail, Twitter, Facebook, LinkedIn, etc. and give me a single view of a contact.  There are lots of features, but the one I use most regularly is the dashboard where I can find new blog posts, job titles, etc. for my key contacts and then connect with them on those points.  I also use Gist in Gmail — which has created a similar experience to Xobni in Outlook (but not quite as well structured yet).
5. Xobni.  Xobni is a sidebar tool that helps aggregate content for each email/contact  in Outlook.  Frankly, I think Xobni is still one of the best Outlook plugins out there.  I use it on all of my PCs and until I upgraded to Android mobile, I used Xobni on my blackberry.  It’s a great way to get a snapshot of a person right in Outlook and keeps things like phone numbers, other email addresses, LinkedIn profiles, etc. all within Outlook.
6. TripIt.  TripIt creates a single version of your travel schedule.  All you do is forward your travel itineraries to plans@tripit.com and it combines all the information by trip in its system.  No longer do I have to save all my travel documents in a folder or print out things — I just go to TripIt (online or via the mobile app) and everything is right there.  It’s another one that has made traveling much less painful.  My hope is that Concur (it’s recent acquiror) will find a way to integrate expense reporting into TripIt and then you’ll have a real winner!
7. Timely.  Timely is a Flowtown product that helps schedule Tweets when they’ll have the most impact.  For me, I am a late-night worker and tend to get my inspiration late in the day.  So rather than blast out a Tweet at 2 am when no one will read it, I drop it in Timely and it’ll schedule it for me when it will have the most impact.  And then it provides metrics tracking its results — and yes, I’ve seen many more retweets and clicks on these tweets than before.  (In fact, I’ll use Timely to schedule the tweet for this blog post!)
8. Meeting Wizard or Doodle.  These two systems are free tools to help you schedule a meeting.  Just list a few times, ask people to register the time that works for them, and you are done.  Stop wasting time over email trying to figure out these times — use this and you’ll be amazed at the time savings.

That’s the list of the key things I find myself regularly using to be more productive, organize my time/life, and get stuff done.  What are other things I should be using to help me become more productive?

Well, goodbyes are due to 2010 today.  Lots of “Wow, hard to believe 2010 is over,” and “See you next year” are being said.  And it’s always true that the year seems to go by faster than we anticipate.

But I definitely enjoyed 2010… and am really looking forward to 2011.

Thought in this final day of 2010, I’d write a couple lines about what I learned in 2010 and what I’m most excited about in 2011.  So without further ado, a few thoughts to wrap up the year and usher in the new one…

Lessons & Blessings in 2010

For me, 2010 was a pretty packed year.  It started off with my first polar plunge with Alli and ended up with me at my new job preparing my 2011 goals, objectives, budget and much more.  And in between lots of great experiences with friends, crossing off goals and objectives, running into challenges, meeting new people, closing and opening doors, and feeling ready for what’s ahead.

So what are the key things I learned this last year?  Well, here’s a few of the most important lessons (and stories associated with each) I gather in 2010:

1. It’s the people, stupid.  Over the past year, I’ve really realized how lucky I am to have a great family, group of friends, wife and support system.  It can be easy to forget how great the people you know are, but I learned that through some great travels and trips (the fateful Rainier summit attempt!), through a new nonprofit project, through dinners and holidays, through a new job, through an old job, through trips across the country, and through my regular dog walks with Allison.  What I’ve recognized is that I’m fortunate to have people around me that I am inspired to know, am thankful that spend time with me, and am fortunate to be able to lean on whenever I need support.  Take an inventory of those people and you quickly realize how lucky you are.  So thanks (and I do appreciate everyone… you know who you are!)
2. Take opportunities (if it matches your passion).  This year marked an important career transition for me — leaving Cooley and a legal practice to join a really exciting startup company, Appature.  It wasn’t an easy choice (for those that were involved in the decision), but it was definitely the right choice.  In my first 2.5 months, I’ve learned an incredible amount, been fortunate to work with really smart people, and am enthused about what is ahead.  The real lesson here is that give opportunities a real chance — even if it is risky, or if you are leaving something behind.  It seems so obvious now that this was the right choice, but it took lots of thoughtful analysis, discussion and hand-wringing.  But the truth is, when all those things align, take the jump — and then make the most of it.  I’m so thankful I did.
3. Life isn’t a spectator sport.  If you know me, you’re probably aware that I’m a big fan of Startup Weekend.  It’s one of those activities and organizations that I try and really give back to — but what I’ve learned is that this organization also gives back WAY more than I put into it.  I’ve even decided to donate the proceeds of Green Entrepreneur Handbook to Startup Weekend and Kiva.  The most important lesson from Startup Weekend is that life is most rewarding when you are playing (and not just a spectator).  As a lawyer, I got to see startups all the time, but Startup Weekend has given me a platform and an excuse to play.  And in the past year, I’ve been able to see one Startup Weekend Project get sold, another continue to be a product that people use and play, and a new project (501k) get launched with outstanding potential (and named a Top 50 Global Entrepreneurship Winner).  Whether it is startups, athletics, writing, or more, it’s about trying things and learning along the way.
4. Set goals and keep setting them.  My wife always laughs at me with my constant and growing list of goals.  But it’s setting those goals (and working to achieve them) that have helped me to meet some of those goals I’ve had.  I’ve always been a big fan of metrics (setting goals that have measurable results, so you can see progress).  It’s amazing at when you set a target (lose 10 lbs. in 3 months or read 12 books in 2011) that you are much more likely to hit those goals.  In my job and personal life, I’ve become an even bigger fan of setting goals.
5. 

   Riley is tuckered out after a dog walk

   Go on dog walks (regularly).  Earlier this year, Brad Feld wrote a great blog post on how he’s able to find balance with his family.  It was inspiring to see how he takes such a thoughtful and organized approach to his personal life and his family.  I’ve learned that Alli and I are much more aligned and on the same page when we take Bailey and Riley out for their nightly jaunt.  If we forget or get too busy, the dogs get restless — and frankly, so do we.  So it’s important to recognize what you need to keep you and your partner on the same track.  For us, it’s a walk with the pugs.

Why I’m excited about 2011.

I’ve always been a person that viewed life as a collection of experiences, and that has led me to collect lots of them.   And in 2011, I’m excited for a series of new experiences that should make 2011 a great year.  I’m looking forward to focusing on growing Appature in a big way, but will continue to recharge my life with things like our dog walks and activities such as Startup Weekend, 501k, ABA and writing a few blog posts now and again.  But here’s a list of what I’m most excited about and looking forward to in 2011:

1. Appature, baby. Appature.  Being a part of a startup is a unique experience unlike anything I’ve ever done.  On one hand you’re handling things you never expected you’d do (hiring, benefits plans, sales calls, etc.) and on the other hand you are handed an opportunity to build something and create a company to really make a difference.  On both hands, it’s exciting… and that’s why I’m excited and enthused to spend 2011 focused on that great big opportunity.  As a management team, we spent 2 days together thinking about 2011 and beyond, and I came aware recognizing the size of the opportunity and all the hard work it will take to realize that opportunity.  So I’m excited about a year (and more) of continuing the incredibly hard work and realizing successes along the way.  I’ve always enjoyed working hard — and it’s even more rewarding/fulfilling when you are doing that with a team all striving towards those same goals.
2. Great, new people on the bus.  One of the great things about my job is getting to help Appature focus on building a killer team.  And in the past few months on the job, we’ve brought on some great people and have some people that are going to be awesome that (I hope) will be joining us soon (you know who you are… and I’m looking forward to what’s ahead!)  I must say as I look around at our company and more broadly my life, I’m really excited about the people I’ll be able to have on my bus this coming year.  It’s a great feeling to look out at 2011 and see who is on my bus (or soon will be) that I’ll get to spend 2011 with.  That’s exciting…
3. 501k.  This past year, Ken Kamada, a great friend and I conceived of the initial idea that went on to become 501k.  A few months later, we starting building the team that created the prototype for 501k at Startup Weekend, and have since continued to build momentum around the idea and the team.  It’s an exciting idea — helping to create a way that individuals can build and create portfolios of charities, share those portfolios with friends and make small, recurring donations to those charity portfolios, all with a few clicks of the mouse.  It’s a great project and something I’m inspired by the response and anxious to see the team continue to volunteer their time to build.  Look for us to launch by mid-2011 and I’m expecting great things for this idea and team.
4. Dr. Koester.  For the past 4 plus years, my wife Alli has been diligently working on her research, her coursework and her students in anticipation of being awarded her PhD.  By next summer, all of those challenges will be met and Alli will be Dr. Koester.  It’s really exciting for her and for me to see that time and hard work pay off.  Lots more hard work ahead, but it is really exciting to see her nearing the end of this phase of the journey.  There will be the excitement and challenge of identifying a school for her to research with and finding that right fit.  Fun times (and lots more conversations on our dog walks.)  She’s also excited to start getting letters that say “Dr. and Mr. Koester.”  I’m less excited… maybe I need to get a PhD at something.  (By the way, my wife already asked why this one isn’t #1… however, I quickly clarified that this list is NOT in order of importance!!! Love you…)  On a separate note, I’m excited to travel with Alli a few times this year.  It’s something we both enjoy and love to do together, so we’re looking for the right opportunity to get away.
5. Becoming “Superhuman.” I started reading Four Hour Body by Tim Ferris a few weeks back where he jokes about finding ways to become “superhuman” and was inspired to find ways to be the best I can be, physically, mentally, spiritually, etc.  So that’s another thing I’m excited about in 2011.  What that means is finding ways to continue to be active (maybe another mountain climb), ways to improve my brain (read a book now and again) and ways to have fun doing so (a few more Street Scrambles, Alli?)  I sometimes forget how much physical activity helps me be better in the rest of my life — and 2011 is about keeping that all in mind.

So, I say thanks to 2010 for a great year and here’s to an exciting 2011 with friends and family.  Lots of challenges ahead, but I’m certainly excited for a great year.  Looking forward to meeting those challenges together.

I’m five full weeks in at Appature and have come to realize numerous things (some of which I laid out in a prior blog post here).  In these five weeks one thing has become abundantly clear to me — you “win” the startup game based on people.

It’s all about people.

Yeah, it sounds very clique — but the truth is I am even more convinced after living inside of a fast-growing, big-dreaming startup company that Appature will succeed because of the people we currently have and the people we are hoping to hire.  We’ll be successful if we convince people that are already successful, hardworking, and dedicated to join us and try and win.  We can’t compete with an Oracle or a Microsoft in terms of financial resources, but our hope is that we can get enough people all fighting for the same thing to be able to build something great.

My “Current” Philosophy on People in a Startup…

With all that said, I’ve taken a few key lessons about hiring and people in a fast-growing startup.  Here’s a few of those lessons:

(1) Get the right people on the bus.  My good friend and the CEO/co-founder at Appature, Kabir Shahani, regularly makes the following statement: “Right now we are primarily focused on getting the right people on the bus.  We’ll figure out along the way where is the best place for them to sit, but it’s more important about getting the right people on the bus.”  Kabir is spot on.  You need people that are aligned with the team — and maybe they will change roles during their first 12 months on the job or maybe they are in the right role for the foreseeable future.  But the truth is that you need people that are willing to do whatever is needed to make things work.

(2) Don’t think that a new hire is going to “fix it.” While it is all about people, the truth is that adding a new person, a new position or a new title isn’t going to suddenly fix things.  At Appature, we don’t have enough sales people on the ground yet.  It’s the reality — there are some great opportunities, but we just don’t have enough bodies to get on the ground and sell our products.  Well, the solution is that everyone else has to pitch in to “fix it.”  So we all help — that may mean our CTO or product guy spend some time selling; that may mean your finance guy has to do some QA-ing.  Truth is that adding a new body helps, but you can’t hold out hope that a new body will be dropped into the organization and fix it… the fixing starts now.

(3) You are always selling (to customers and hires).  Because people are so darn important, it is crucial you treat them just like you’d treat a prospective customer.  For those of you familiar with Salesforce.com, think about hiring just like a sales funnel.  You need to keep getting leads in at the top and nurturing them through the funnel.  I was one of the people that spent a lot of time at the top of the funnel before finally moving through and getting “closed” as a new hire.  Getting the right people is not easy — nor should it be.  I’ve been amazed at how many hours I’ve spent interviewing candidates, finding prospects, selling the company and negotiating offer letters.  But when you get the right person, it all seems worthwhile.

(4) Hiring takes resources and time.  When I joined Appature, Kabir asked me to really focus on recruiting.  As I looked at the big (and I mean really big) list of things I was responsible for, I thought that recruiting would be time consuming… but not such a big responsibility.  Truth is, recruiting and hiring has actually been the largest slice of time since I started.   We are trying to bring on a half dozen people in the very near term and another half dozen shortly thereafter.  And, then if all goes well, we’ll add another dozen.  And the truth is to hire one great person, you have to talk to a dozen… so the math starts to get overwhelming (12 x 12 = 144!)  That’s why getting us ramped up and focused on hiring has taken so much time — building the “hiring funnel” is a big challenge and something that is even more important with the earliest hires in the organization.

(5) You are never done hiring.  Getting a new candidate to fill a position doesn’t mean you are done.  In fact, I feel that we’ll always be looking for more of the “right” people.  That’s a bit of an overwhelming feeling, but it also is reassuring to think that each new hire helps us grow the business to allow us to hire more.  We all see what we are trying to build and each new person on our bus is really helping us upgrade to a bigger bus.  That means we are constantly talking to people who may join us tomorrow, in a month, in six months or next year.  Hiring is about matching timing — our timing and the candidate’s timing.  When those two align, we find a seat and get them on the bus.

People & Appature…

So, with that in mind, I’ll also end with a bit of an “ask”.  If you are interested in learning more about Appature, let me know.  We’ve got a few jobs currently posted on our site: http://www.appatureinc.com/careers.  But I’ll tell you what, we’ll find ways to get the right people on our bus, give them all the tools to succeed, and help us hit it out of the park.

It’s really a cool feeling to be a part of the company and have a stake in its future.  That means I care more than ever about getting those people to join us.  I’m critical of people that won’t fit our culture and don’t have the right skills to help us succeed.  But at the same time, I’m also willing to talk with dozens and dozens of people to find those right people that can help us succeed.

These days I’m all about building our hiring funnel (just like our sales team focuses on building a robust sales funnel).  At the end of the day, building a great organization does come down to people… and devoting the resources to get those people on the bus is crucial.

So let me know you you think is awesome (even if it is you) and would love to see if we’ve got a spot on the bus…

By Eric Koester
From Yalla Startup!

I’ve often heard the phrase “You get out of something what you put into it.”  And in most cases, that is true — if you put in some time, some energy and some effort you’ll get an equal amount back out of it.  With Startup Weekend, that phrase also applies — it’s just that you’ll get 5 times more out versus what you put into it.

I’ve had the opportunity to attend a half dozen StartupWeekends.  Some weekends have been a fun chance to meet people; some weekends have been a chance to build something cool; some weekends have been the opportunity to challenge myself to learn something new; and some weekends have left me with more to think about than at the start of the weekend.  But in each case, I consistently got much more out of the weekend than I put into it.

I may have hit the jackpot on my second Startup Weekend to be honest. That was a Startup Weekend held at Microsoft where my team was the only one that built something on the Apple iPhone… and then we had to rock the boat and win the whole darn thing.  Next thing I knew we’d created a firestorm and our story spread like wildfire through the tech ecosystem — from Engadget to Mashable and everywhere in between on the twittersphere.  It was great… and we hadn’t even launched our app on the AppStore yet.  Three weeks later, we finally launched Learn That Name and the press continued… Wall Street Journal, Xconomy, TechFlash, ABA Journal and more.  We had a hit on our hands and all of it started at Startup Weekend.  Fast forward a couple months later and a meeting over coffee (spurred by Startup Weekend again) turned into a demo of our app, a partnership discussion and ultimately an acquisition of Learn That Name by Gist.  And the rest was history.  We’d gone full circle, from an idea pitched and built at Startup Weekend to a real live cash acquisition.  And that’s how Startup Weekend sometimes happens — an opportunity that pays it back in social capital a hundred times over.

But the really great part of the story isn’t that Learn That Name was acquired or we got covered in TechCrunch or our team won at Startup Weekend.  In fact, all of those things were pure bonus points for us. Nope, the best part was the fact that I got the chance to work with a dozen team members to build something… and build something that I still have on my iPhone.  That’s the best part.  You take an idea or a problem or something you think that would be fun and just build it.  There’s no judgement; no risk; no downside.  That’s Startup Weekend… the chance to be an entrepreneur, a developer, a project manager, and a startupper for a weekend or maybe more.

So how can you get the most out of Startup Weekend?  Well, first off, don’t expect to build a company in a weekend. That’s not what the weekend is about.  Here’s a few things I’d encourage you to consider to make the most out of your weekend:

• Be flexible. Startup Weekend attendees that come in with a set plan or goal for the weekend are often disappointed.  Not because you can’t meet those goals or build that product you wanted.  No, you are disappointed because you don’t build something as great as you could have.  My vision for the products or ideas I’ve had were blown out of the water by the collective thinking of the team.  So offer your idea and maybe it will be picked… but don’t forget to be flexible enough to listen to those around you and get the most out of the collective brainpower in the room.
• Build a product; not a company. Teams that focus on what happens after the weekend lose track of what happens during the weekend.  If you spend all your time dividing the pie that hasn’t even baked yet, you’ll miss out on all the fun that is had in making the pie.  So think about how you can build something to show off on Sunday night.  If you’ve got something worth turning into a company, the post-weekend challenges will really help solve themselves.
• What can you build in 54 hours? In each case, after the weekend it is hard to keep a team motivated.  If you’ve got a big idea, try and build a piece of that idea… or a feature… or a prototype.  Startup Weekend is about building something in the weekend so even if you don’t get your grand plan completed, get something completed.
• Build or join a team of people you want to meet. The best parts of Startup Weekends for me have been the relationships post-weekend.  It’s funny, but after the weekend, you share a bond that others don’t have.  It’s like we have a secret handshake, know the inside rituals, and laugh at the jokes that only the SW alums know.  So get a team of people that you want to meet and don’t worry about building the perfect team or excluding an extra designer or marketer.  Big teams are fun and teams with people you don’t know expand your social circle.
• Take risks. Are you a great back-end developer?  Try some UI or front end work.  Don’t know anything about coding?  Try to learn something or at least take a crack at some HTML work.  This is your chance to do something you don’t do at your job Monday through Friday.  It’s easy enough to take a risk at an open environment like this… so take it and you’ll be amazed at how much fun it can be.
• Have fun. At the end of the weekend, you should look back and smile or better yet laugh at a few of the funny things that happened that weekend.  If you are coding until your fingers bleed, if you are using the dry erase board until your forearms are black, or if you are so worried about the demo that you keep your headphones on all weekend, you’ve missed out.  These weekends are about the people and the process — not about winning.  So remember that when you are deciding whether to get a beer that night or stay up all night and code that extra set of features… be with your team and work hard, but at the end of the day have fun.

I’ve been to multiple Startup Weekends.  Most don’t end like Learn That Name, so don’t expect that yours will either.  But every weekend has been a series of memories, stories and new friends.  Hope your Startup Weekend is a big success — and it can be if you meet new people, take a few risks, and build something together.  That is Startup Weekend…

Now go make your Startup Weekend!

I was recently interviewed by LexisNexis to talk more about the Startup Visa, including why it is important and what others can do to support the efforts.  Here’s that interview:

One of the positives about 2010 has been an increase in M&A activity — and as a lawyer who spends probably half his time on M&A, we like an increase in M&A activity.  Recently, I’ve seen a number areas where companies excelled or missed the boat on preparing the company for a sale.  And that’s what this post will do — point out those key areas to address BEFORE you start the deal process.

Of course, it’s hard to get everything just right before an M&A deal (and those corp. dev. guys and us lawyers are good at identifying issues), so no matter how hard you prepare, you are bound to have some items you didn’t foresee.  Below is a summary of some key points to consider before selling your business.  Getting your house in order in advance can save time, money (in deal/legal costs) and increase the likelihood the deal gets done.

Before undertaking any transaction to sell your business, you’ll want to perform an internal review of the Company and take steps to resolve any potential problems with corporate or financial matters, management structure, employment issues or anything else which may deter potential buyers.  Here’s the key areas to address:

1. Corporate Matters

Are the company’s organizational documents (articles/certificate of incorporation and bylaws) up to date and reflective of the current organizational structure? Are the number and type of issued shares of the company’s capital stock consistent with the authorized shares in the articles of incorporation? Have all security issuances been properly approved by the board of directors and other shareholders where appropriate? Are all stock records and minute books up to date? Is the company in good standing in all jurisdictions it conducts business? Does the company have a complex capital or organizational structure that would be difficult for an investor or potential acquirer to understand? If so, is there a compelling tax or business reason for the structure?

2. Financial Matters

Are the company’s financial statements correct, up to date and properly audited? Has the company properly filed all necessary federal, state and foreign tax returns? Are there any liens, encumbrances, mortgages or other charges on the personal and real property of the company?  These aren’t bad things in and of themselves, but be sure you have paperwork together so that things can be addressed during the diligence and sale process.

3. Management and Operations

Are the company’s business plan and financial projections accurate and up to date? Does the company have internal controls and is the company in compliance with those internal controls? Does the company have rights in all the intellectual property it is using, either by patent, trademark, license or otherwise?  The buyer is going to want documentation for all of these things — plus dozens of other things you think may not matter all that much.  But get used to it — during an acquisition, it is open kimono time…

4. Employee Matters

Is the company in compliance with all relevant labor and employment laws? Are all employee confidentiality, intellectual property assignment or non-competition agreements signed and current? Has the company stock option plan and each individual employee stock option grant been properly approved by the board?  I’ve seen the stock option issue bite several companies — you promise stock options for new hires or bonuses, but don’t get around to issuing them before the sale process commences.  It’s a pain and causes your lawyers to spend time that costs you money.  Be diligent on option issuances and employee paperwork, especially when you are thinking about a sale down the road.

5. Insurance Matters

Are all company insurance premiums, including workers compensation and directors and officers liability insurance, current and sufficient in coverage for the company’s needs?

6. Litigation Matters

Is there any current or pending litigation (consider breached contracts, employment disputes, etc.) that can be resolved prior to the sale of the company?  This one can be a real pain — largely because pending legislation makes the other side need to play “what-if” and do lots and lots of research and discussion into the issue.  If it is something simple, like an employee issue, try and get it squared away.  If it is more complicated, like IP or some key regulatory matter, be sure you hire good counsel and pay extra to get memos prepared that you can give to the potential buyers to explain the issue to them.

7. Board of Directors

Is the composition of your board of directors include an appropriate number of independent directors to ensure that the deal is in the best interest of all shareholders? Do you have board committees (audit, finance, compensation) that are in place to help make certain decisions? Does your board have proper minutes and proper procedures to effectively evalute potential bids for the Company?  You want to avoid any issues down the road where a former stockholder claims you didn’t take appropriate action to maximize their value.  A good counsel will help you with these issues — so involve them before you start thinking about sales to ensure good corporate governance is in place.

8. Changes in Management

If the company is lacking in board members or officers with experience selling a company or public company experience, it may be advisable to hire an executive with that experience to help guide the company through the process of an acquisition or the process of integrating with a public company. Do you need to show more sales people or additional development or research talent? Is it necessary to bring in an experience CEO or CFO?

And remember, it is hard to maintain confidentiality about a prospective deal if you need to involve lots of your employees in the document clean-up process.  So start this process early and make sure your house is in order before you start the sale process.

Happy selling (now go get that big multiple…)!

Recently, I had the privilege to work on the Startup Visa issue with folks like Brad Feld, Congressman Jarod Polis, Dave McClure, Eric Reis, Paul Kedrosky, Jason Mendelson, Andy Grove and others.  Yesterday, I wrote a post about why I think the issue is an important one — thanks for all the retweets and comments.  Glad to know people are still thinking about the issue.

This post isn’t simply about the Startup Visa though.  Instead, it is about any issue that entrepreneurs, startups and small businesses care about — and how to make a difference in those issues you care about.

Startup Visa: Now What?

The Startup Visa issue began as a series of blog posts and eventually became a full scale lobbying effort.  For me, through the efforts of the Startup Visa, I was able to participate on calls with congressional staffers, immigration experts from Capitol Hill, and various others.  In fact, I even got to help with the drafting of the legislation ultimately submitted by Congressman Polis on the issue.  On the Senate side, Senator Kerry’s team drafted legislation in support of the Startup Visa.

Today, bi-partisan leaders in Congress have drafted bills in support of Startup Visas and numerous other leaders are behind the issue; VCs have publicly supported the issue; lawyers were behind it; immigration experts support it… and yet, months later both of the bills remain buried in committee.  Comprehensive immigration reform probably won’t be addressed in 2010.

Frustrating, yes.  But not the end of the battle.  Efforts are continuing to build support for the legislation post-November elections.  With any luck, the continued citizen advocacy will pay off.

And while their is no guarantee of success, the issue is firmly in the hands of Congress, more every-day people are aware of the issue and people just like you and me now have the power to “hold their feet to the fire” to make this become a reality.

But, what does that mean?  How can people like you and I push this bill or other pro-startup public policy forward? And what should we push forward? Great questions and something I hope to accomplish in this post — whether it is the Startup Visa, health care for entrepreneurs and small businesses, or tax reform, how can you make a difference on the things you care about?

Pro-Startup Public Policy

Startup Visas are just one plank of the pro-startup public policy goals.  William Carleton has a very nice post where he summarizes some of the key public policies that support or would support startups, small businesses and entrepreneurship.  These are some general changes that can be made to federal and state laws, policies and regulations to impact and enhance startups, small businesses and entrepreneurship.  What I like about William’s post is its simplicity… so kudos!

Here’s a mashup of a pro startup public policy agenda:

1. Tax dividends and capital gains at the same rate.
2. Vigorously enforce net neutrality.
3. Extend Medicare to all startup employees, regardless of age.
4. Allow angels to exclude 100% of gains from the sale of “Qualified Business Stock.”
5. Hand a green card to every immigrant who earns an engineering degree at a US school or starts, or lands a job at, a startup.
6. Overturn Citizens United.
7. End gerrymandering.

Joe Wallin, another of the blogging attorneys here in Seattle, has his own set of proposals that may be a bit more details and slightly more ‘progressive’ in favor of startups.  Again, I applaud the effort to lay out some key legislative and regulatory reforms that would most definitely benefit entrepreneurs, small businesses and startups.

Why it matters?

The question I think average people out there are asking is, do these “suggestions” or “proposals” ever amount to anything? Was the efforts on the Startup Visa worth it when the bills remain in limbo?  Unfortunately, average people have become more jaded than ever about the political process, the partisan wrangling, and the ability to make pragmatic and tangible changes.  It seems like the old Schoolhouse Rock video needs to be updated to include hiring a lobbyist and ensuring you have support from congressional leadership in “safe” districts!

But the truth is that average citizens can and do influence legislation — the Startup Visa movement was inspired by a blog post by Paul Graham and a follow-up blog post by Brad Feld.  And for the entrepreneurial, small business and startup community, these issues can be influenced directly by you.  I’ve got numerous friends that work on Capitol Hill and each of them swears up and down that their member listens, cares about constituent needs, and wants to do the best for the country.  And, frankly, I  believe them.  But that said, it also takes more than an issue that “makes sense” to get something passed in the federal or state governments.

So what are steps you can take to be involved in the process?

Read the full story

Anyone that follows me on Twitter or reads my Facebook posts, probably recognizes that the Startup Visa issue is an important one to me.  I had the opportunity to work with a group of concerned individuals to help with the drafting of legislation and the development of support of various key constituencies.   One of the key ways I was involved was drumming up the support of the American Bar Association, which ultimately voted to provide its support of the Startup Visa in August 2010.

Why It Matters?

Perhaps more important than the legislation or the support of various entities is why I think this matters.  It’s a good question and something that is important to express.  Ultimately, I am not an immigrant and my parents, my grandparents and my great-grandparents were all born here.  So why should I care?  Well, I think there are a few key reasons why I care and I hope others do as well:

1. There shouldn’t be a price on innovation.  I heard some interesting things during this process — most disappointing was the comment “this really doesn’t solve anything because anyone with money can get a visa.”  What if Andy Grove of Intel hadn’t been able to make it here?  What is the founders of Google, Yahoo! or eBay hadn’t been able to make it here?  How would that have impacted our country?  Ten years ago, I think most any foreign entrepreneur would have had some dream to come to America — the heart of innovation.  Today, I worry that the hurdles, challenges and offerings of other countries are making more foreign entrepreneurs spurn the U.S.  Why not remain in China or India?  Why not move to the EU or Canada?
2. We are a country of immigrants.  Yes, I understand the immigration issue is a sensitive one and something that likely deserves a comprehensive strategy.  That said, while people want to come to this country to study, to build businesses, to live, and to explore, we should find ways to get the best and the brightest of that group.
3. Immigrants are proven winners in technology.  The numbers don’t lie — 40% of VC-backed companies are founded by immigrant entrepreneurs and 25% of the public companies that were VC-backed.  Why?  It’s partially due to the fact that the best and the brightest have come here.  It’s partially due to the American dream and the work ethic it inspires.  Its partially due to the fact that fewer American’s are engaged in the sciences.  Whatever the reason, we want the winners and we should do everything we can to keep them coming here.
4. It’s the right thing to do.  As a lawyer, that last point seems trite and probably not a good argument.  However, I’m convinced that the reasons NOT to let people into the country to start legitimate businesses are largely based on fear of the unknown.  Whenever I explain to someone about the process in place for the Startup Visa and the ongoing steps required for an immigrant-entrepreneur to stay in the country, people are always open to it.  That said, when I first bring up the issue, I get lots of questions about taking jobs from Americans, grandfathering people in, and quotas.  The truth is, I think the legislative proposals are fair and serve a purpose.  As Andy Grove, founder of Intel said in a speech, “People like me want to come here [to America]. That’s something we should take advantage of.”
5. We need to show the world we want them to come to our shores.  I’m not sure how many Intels, Sun Microsystems or Googles the Startup Visa will create.  Perhaps those entrepreneurs would have come here anyhow… but what is important is to show the world that we do support innovation from all corners of the world.  The Startup Visa does just that — shows the world we take this seriously and we want to keep our place at the front of the minds of tomorrow’s entrepreneurs.

At the end of the day, I personally believe that innovation and immigration are linked.  Policies need to be made that support both initiatives to maintain a leadership position.  As we close our borders and worry about what is happening outside our walls, we let what is inside our walls crumble.

Is the Startup Visa perfect?  Certainly not.  But I believe it is important and will continue to push for its passage.  Keep following www.StartupVisa.com for further information and get involved in the effort.  Write and call your congress person.  Share the stories with others.  Get the support of organizations that you belong to.

The effort is a group one and I hope it continues to spread.

Tomorrow I’ll write more about how you can get involved and will update this with a link.  Thanks!

There are a few provisions that may trip up a company that doesn’t read the language closely or fails to understand the impact of certain provisions.  Here are a few provisions to pay close attention to:

•    Ownership of Intellectual Property.  In the event you are looking to enter into a contract with a consultant, an employee, or any other third party, you should be certain to consider how any newly created Intellectual Property will be owned.  For many companies, they will want to be certain that they retain ownership rights to the intellectual property.  However, for more complex joint development projects, there may be cases where you will assign all or some portion rights to the intellectual property to another party.

•    Assignment Provisions.  Assignment provisions will require a company to get permission from the other company in the event that they wish to assign or transfer the contract to another party.  This is particularly important in the event a company is acquired or sold because it may require the company to obtain consents from all third-parties before the acquisition can be completed (which is sometimes difficult).

•    Exclusivity or “Most Favored” Language.  The Exclusivity provisions will require you to limit your actions in some way — perhaps that the other party is the only one who can distribute the product or has first rights to distribute.  The “Most Favored” provisions will require you to give the other party the best terms you give to any other customer — such as the lowest price, the best discounts, etc.  These may seem like harsh provisions (and in some cases they are), but it may be restrictions you can live with if they have limitations as to geography, industry, time, etc.

•    Attorneys Fees.  Be aware of any provision that requires either party to be responsible for attorney’s fees associated with negotiating or finalizing the agreement.

•    Use of Trademarks or Customer Names.  In the event you want to be able to publicize a customer list, be certain there are no restrictions on use.

•    Termination and Renewal Provisions.  Be aware of any provisions that allow the parties to terminate the contract early, particularly provisions that allow for termination in the event of even a minor breach without the opportunity to rectify the breach.  In addition, be aware of any provisions that allow for the automatic renewal of the contract.

•    Compliance with reporting provisions.  Some contracts will include language obligating the other party to provide certain ongoing reports or information to various parties such as federal or state agencies.

•    Obligations on Employees.  Contracts will sometimes require all employees that interact with the other party to be screened or drug tested.  Ensure that complying with these requirements will not breach any contracts you have with your employees.

•    Access to premises.  Be aware that contracts may permit the other party to enter your facilities.

•    Payment Terms.  Look for the terms of payments due as well as whether any payments due will be accelerated in the event that either party fails to perform certain activities.

Be sure to read every contract you sign — language that may seem harmless can come back to bite you.  And, if you have questions, ask someone such as your attorney, an advisor, a board member, etc.