Archive | Seattle

UW Entrepreneurship Club: Video – Doing Business Abroad

The following video is part of a series of videos I did for the University of Washington’s Entrepreneurship Club.  This part is called “Doing Business Abroad.”

Posted in SeattleComments (0)

UW Entrepreneurship Club: Video – Winning A Lawsuit Isn’t Everything

The following video is part of a series of videos I did for the University of Washington’s Entrepreneurship Club.  This part is called “Winning A Lawsuit Isn’t Everything.”

Posted in SeattleComments (0)

UW Entrepreneurship Club: Video – Concerns in Interviewing/Hiring

The following video is part of a series of videos I did for the University of Washington’s Entrepreneurship Club.  This part is called “Potential Concerns in Interviewing/Hiring.”

Part I

Part II

Part III

Posted in SeattleComments (0)

UW Entrepreneurship Club: Video – Always Know a Good Lawyer

The following video is part of a series of videos I did for the University of Washington’s Entrepreneurship Club.  This part is called “Always Know a Good Lawyer.”

Posted in SeattleComments (0)

UW Entrepreneurship Club: Video – Importance of Law & Business

The following video is part of a series of videos I did for the University of Washington’s Entrepreneurship Club.  This is the first part on the intersection of law & business.

Posted in SeattleComments (0)

UW Entrepreneurship Club: Video – Understanding Products Liability

The following video is part of a series of videos I did for the University of Washington’s Entrepreneurship Club.  This part is called “Understanding Products Liability.”

Posted in SeattleComments (0)

Taking the Startup “Leap” to Appature

Taking the Startup “Leap” to Appature

If you have an entrepreneurial bone in your body, being a startup lawyer is a pretty great gig.  You get to work with dozens and dozens of smart entrepreneurs, see cutting edge technologies before they are launched, and get to work in one of the most fast paced sectors of our economy.  At the same time, being a startup lawyer is like getting a taste of the first course of a big meal, but never quite getting to dive into all 14 courses.
.
Starting in October, I’ll be joining Appature as its VP of Operations and General Counsel.  It’s an exciting change and will be a whole new set of challenges, opportunities and experiences.  For me, it’ll be the chance to try all 14 courses of the meal — even if some of them don’t taste great or give you a bit of indigestion… Leaving Cooley, my law firm, and the great people I’ve worked with for the past years was a very difficult decision.  These folks are like family and we’ve all been through some unique experiences having gone through Heller Ehrman’s unfortunate dissolution in 2008 and the challenge of opening and building a Cooley office in Seattle.  I’ve been fortunate to get some amazing support from my Cooley family for the move, which again proves how great this group is.
.
But, as my mom told me growing up, “when you know, you know.” (Even back then, I had no idea what that really meant, but there was definitely truth to what she said.) And with Appature, I just knew it was the right opportunity.
.
Deciding to Leave the Law Game
.
A few months back, a friend and Seattle startup “ambassador”, Andy Sack, interrupted my introduction to an entrepreneur saying, “Don’t let him tell you he’s an attorney.  He’s really an entrepreneur moonlighting as a lawyer.”
.
Truth is, I love being a lawyer.  Sure, the hours can be ridiculous and combing through a hundred page merger document to make sure all the section references are correct can be painful.  However, being a startup lawyer is also incredibly fulfilling.  It’s a unique job to be able to help an entrepreneur take their vision and turn it into a business.  When you see the passion, the creativity and the stick-to-it-ness of an entrepreneur, it is truly inspiring.  I’ve been lucky to work with lots of great companies and entrepreneurs, which has been rewarding and taught me more than I thought possible.
.
But as Andy Sack so aptly said, I’ve got that bone in my body that makes me want to get my hands on business challenges.  Many of my clients will tell you about how I’m always happy to help with their pitch deck or to think about a business issue or to spend time connecting them up with a potential customer.
.
Before law school, I worked in the business world for Morgan Stanley and a public medical device company, Ventana Medical Systems.  But I’ll be honest, I thought being a business lawyer was a great way to keep my feet in both business and legal camps.  But part of me always had an inkling I’d make a move back into the business world.  And one of the experiences that cemented my desire to someday join a startup company was Startup Weekend.  For me, it started as a way to engage the startup community as a lawyer, and became a way to experience hands-on operations of a technology project or company.  It was just a little more than a year ago at Startup Weekend Redmond that I had the opportunity to pitch an idea to help me remember people’s names.  That idea, coupled with a fun team of people and a bit of controversy, turned into Learn That Name.  We took that Startup Weekend experience and continued it after the weekend, launching our app in the store, getting some press coverage and then, taking the story full circle, sold the app and the company to Gist.  And working with the Startup Weekend team also showed me their passion for their startup — and being on their board has given me a unique world into what it takes and the passion they all share.
.
All that being said, I definitely wasn’t looking to leave Cooley and join a startup.  As I said, being a startup lawyer at Cooley is one of the few places and jobs where you can be involved with startups, participate in opportunities like Startup Weekend (my “wantrapreneur” side) and work with some incredibly smart, dedicated people.  Seattle startups and entrepreneurs have been incredibly kind to me and allowed me the opportunity to help advise some really cool companies.  But it took a really unique opportunity to make me start to think about making a transition from startup lawyer to startupper…
.
So Why Appature and Why Now?
.
Being a startup lawyer, I get to see lots of startups, lots of entrepreneurs and lots of successes (and unfortunately, some failures too).  That vantage point gives me the unique position to learn what aspects help make a company a success.
.
I’ve known Kabir Shahani and Chris Hahn (the Appature co-founders) for nearly two years and have worked as their lawyer for nearly 18 months now.  I consider them both friends.  And getting to see their vision from afar and up close gives me an insight into Appature that really helped guide my decision.  They really care about building a business around people — it’s not just lip-service, but something they both practice in every decision.  It takes dedicated people throughout the organization to make a startup shine, and they’ve made a firm commitment to just that.
.
Plus, it’s obvious to me that the Appature team is really onto something with their product.  As a startup lawyer, I usually can get a good sense for the team, but it’s hard to know if the technology or the market are really poised for success.  Lucky for me, I didn’t have to make that determination.  Appature was able to partner with two of the leading venture capital funds in the Pacific Northwest, Madrona and Ignition.  Plus, Appature has some ‘who’s who’ of customers from the pharma, med device and health technology sector.  Those external “validators” helped me to see that there really is a big opportunity ahead for our team.  Sure, it’s not without its share of challenges and struggles ahead, but we aren’t deciding if the ‘dog will eat the dog food.’  We know customers want it and our challenge is to get it into their hands.  Appature’s been able to see scale in effect in just the past 10 months since they raised venture money in the form of more customers in these past 10 months than in the prior three years combined.  Now my job is to help come in and do what I can to help this process continue.   We want to see the ‘hockey stick’ and it takes a team firing on all cylinders to make that happen.
.
I also really took the time to get to know some of the key folks on the rest of the Appature team – both the early hires and those recent hires post funding.  I was struck by two things: (1) these are people who are personable and truly care about the Appature culture; and (2) these are people who truly believe we can build a $100 million business.  That’s the type of people you want to associate yourself with – a team of good people ready to go to war to win.  And that’s what I found.  So thanks to these folks for welcoming me in this process and sharing their vision and passion.
.
And finally Appature found a role for me that really will leverage my experience while letting me grow.  I’m not your typical hire at this stage by some metrics.  A startup doesn’t usually need a lawyer; it doesn’t often need a CFO; and it doesn’t need a ‘jack-of-all trades.’  That said, I also feel like I’m not really a traditional lawyer, accountant or startupper (hopefully I’m a bit of each).  I spent five years in finance-related positions (and have my CPA).  Plus, I’m a business and startup lawyer, which gives me a unique set of experiences advising dozens and dozens of startups.  Over that time, I’ve dealt with lots of challenges – hiring issues, IP issues, financings, mergers, etc.  Hopefully those experiences coupled with a willingness to get my hands dirty and learn, put me in a place to really help.  So what exactly will I be doing?  Probably a bit of everything, with an emphasis on finance, legal, hiring, operations and whatever else needs to be done.  That type of role may seem intimidating since it is so unstructured, but for me it’s a perfect fit — leveraging my unique background and giving me lots of opportunities for growth.
.
So after a bit of research, discussion and lots of late night talks on our dog-walks with my wife Allison (those were the most helpful for me in the process), we just thought it was the right time and the right place.  And so Appature here we come…
.
Thanks for the support, Seattle!
.
Over the past few days, I’ve been able to start telling friends, colleagues, clients and others about this new role.  I’ve been so pleased to see the broad support for the startup technology community and, more importantly, the personal support I received (the Xconomy quote describing me as a “splashy hire” was particularly funny to read).  That’s something that makes the decision much easier – to know you’ve got lots of people not only pulling for you, but willing to offer their help to make it happen.
.
So thanks to everyone and looking forward to this new adventure.  I’m still planning to keep my hands involved in the startup community – I’ll remain active on the board of Startup Weekend and hope to continue to talk with entrepreneurs and offer any help I can.  It’ll be a new role and a new challenge, but giving back to the community remains very important to me.  Thanks again to all the wonderful people at Cooley – you’ve been amazing to work with and I thank you for all the opportunities I was given.  Now, onto the exciting world of Saas software, the healthcare inudstry and startup challenges.
.
It’s going to be a fun ride!

Posted in Appature, SeattleComments (6)

What I Learned About the Bay Area Startup Scene

What I Learned About the Bay Area Startup Scene

Silicon Valley.  Palo Alto.  Sand Hill Road.  The Bay Area.  Nobb Hill.  Stanford.  Y Combinator.  Mountain View.  SFO.

For most technology startuppers, these words conjure images of the epicenter of the startup universe: the San Francisco Bay Area.  And there is certainly a great deal of truth that the Bay Area does represent the epicenter of the startup universe.  More venture capital is invested in the Bay Area than any other geography around the globe.  Many of the leading technology companies started in northern California and many of the largest players from Facebook to Google to eBay all reside here.  And it isn’t just IT, but leading biotech, medical device and even the growing area of clean technology companies all flock to northern California.

There’s been quite a bit of research into the “cluster” phenomenon of the Bay Area — why startup technology companies and venture investing has been so concentrated there.  But this post isn’t about research or why Silicon Valley over another market… instead this is more about some observations from personal experience from my visit south.

Visiting the Bay Area

Last week, I had the opportunity to travel down to the bay area for work, and decided to check out a couple bay-area startup networking events during my time there.  On their face, these events were similar to most of the events I’ve been to here in Seattle — lots of smart people talking about technology and generally enjoying good a good venue and a beer or two.

But this trip was a bit difference because I was an outsider and had the chance to observe, listen and learn.  And from that experience I noticed a few key things from my observations, my interactions and my eavesdropping.  On Wednesday evening, I attended SF Beta, which was a networking event featuring 30 or so demos from startup companies.  On Thursday evening, I attended the launch party held at Google Ventures.  Both were great events and gave me a nice intro into the bay area startup/tech scene.  Here’s a few takeaways…

Emphasis on Collaboration/Cooperation.  Perhaps the most interesting point I found during both of these bay area events was an emphasis on working collaboratively with other startups.  Sometimes I’ve heard of a hesitancy of startups to partner or work together because of a fear that two startups working together don’t add risk, but make risk exponential.  So I’d heard many startup CEOs specifically say they’d avoid partnering with other newer, small startups.  But that didn’t seem to hold true from the startups I met.  At these events, I was floored at all the talk and conversations focused around collaboration and cooperation — often between two small companies I’d never heard of (and I can only assume were both startups).  Specifically, as I walked around the SF Beta event watching people interact with the demo presenters and listened to the conversations, I was fascinated by all the talk of working together, collaborating and “seeing how our stuff fits together.”  Most of the demos had a list of partners somewhere in their pitch or materials (many of whom I figured were local-area startups that I’d never heard of), but it seemed to help build a ‘network effect’ around the idea and in fact increased the credibility among the crowd.  Overall, there seemed to be a sense that by working on projects together, both teams/ideas/projects were more likely to be successful.  At first I thought it might be just the demos I was listening to or the people I was around, but it was something that I heard throughout the evenings and across events.  This “working together” attitude was actually very positive and gave me a feeling as I left that many of these ideas could actually see success.  It was unique and different than I’d seen at similar demo-like events in other places.

Diversity of Startuppers.  One of the things I sometimes lament going to a “startup” event is the lack of women at many of the events I attend related to the startup community.  There are always a few women, but at these events, I’d safely say the ration was 55-45 men-women and maybe event 50-50.  In addition, I saw a much broader age range and a strong cross section of races and backgrounds.  The room really felt like a very unique mixing pot of people.

Pivoting.  One of the interesting things I noticed in the demos of the various companies at the SF Beta event was how many of them represented a substantial pivot in their past (and that these companies weren’t afraid of the fact they were pivoting).  One company had moved from widgets to advertising.  Another had switched from a market research platform to a platform that connected advertisers to their target market.  And a third was a pivot from a nonprofit promotion tool to a tool that helped nonprofits increase donations by jointly advertising with sponsor-companies.  (Do you detect a theme here about advertising?  I did too… but there were other pivots besides these three I just mentioned.)  What I also found interesting was how open each of the companies was about their obvious pivot.  To me it showed a sense of confidence and the “stick-to-it-ness” that you like to see from an entrepreneur.  Sure, they may have admitted that their first idea had failed or not been the homerun they were hoping for, but they’d readily admitted they read the tea leaves and moved with the market.

Broader Eco-system.  It may have been a factor of the locations, the events or something else, but I was quite impressed at the varied types of attendees.  I met investors, HR professionals, engineers, students, employees from big tech companies, design/art students, entrepreneurs, wantrapreneurs, sales people, outsourcing shops, consultants and more.  The SF Beta event in particular brought together a very broad coalition of folks that were interested in or involved with the startup community — and their involvement could be that they just wanted to sell to startups, and that was okay!  While SF Beta was advertised as a “startup” event, non-entrepreneurs were not only welcomed, they were an interesting part of the community.

Lack of Companies Listed on the Nametags.  I don’t have a specific takeaway from this point, but I found it oddly fascinating that each of these two events gave attendees the chance to write their own nametags and for the most part (definitely more than half at each event) no one listed their employer or company on their nametag.  I too decided not to list my name (somewhat out of fear that people would shun the lawyer, but also to follow the crowd).  It made introductions a bit more unique and in some cases the “so, where do you work” or “so, what do you do” lines didn’t come until much later than normal.  I liked it and thought it really made conversation more about conversation than about who you are.

Being from the Outside Was an “Interesting” Trait.  And finally, the people I met seemed genuinely interested in the scene from Seattle.  It certainly wasn’t a “what’s it like in the backwaters of technology” interest, but was a genuine curiosity.  Perhaps I expected a bit more self-awareness or self-centeredness about the Bay Area’s place at the center of the technology universe, but I didn’t get that vibe.  Instead, the people I met were no different that entrepreneurs and members of the technology community in Seattle, Boston, or DC.   Maybe I expected people to be different, but I was happy to see how similar startuppers really are.  And people wanted to know about Seattle and what the world was like.

Overall Takeaways

In general, I was glad to see another startup community up close, and it felt like a place that I could quickly integrate into.  People were very welcoming, eager to talk, and happy to share their story and listen to yours.  So that was quite reassuring being someone from out of town.

More specifically, I will say that there was an obvious sense of collaboration in the air.  I noticed the “cluster” effect just from my interactions, and I wondered if that attitude really did have an impact on the success of the bay area as a technology epicenter. Does that willingness to cross-collaborate, partner across the community, interact with diverse people and professions, and focus on the people help the bay area continue to lead?  Is there something about the attitudes and actions of the people of SF that make it what most other technology clusters aspire to be?  Can that diversity and can-do attitude transfer outside of the region?

Obviously, there is something unique about the bay area that allows it to continue to attract talented individuals and their new ventures (as well as the investors and the community that follow them).  I plan to continue to spend more time in the Bay Area (and that comes from a growing number of relationships and clients in that area).  I’ll be back and am glad to know that the scene is vibrant even for an outsider.

For me, I was glad to have seen that community in action and to see a few of the lessons that the other markets can learn.  Thanks for the hospitality SF — now back to Seattle!

Posted in SeattleComments (0)

Rainier Climb for Kiva

Rainier Climb for Kiva

During the weekend of September 24, 2010, I will be climbing Mount Rainier with three friends (Ken Kamada, Adam Krupa, and David Wilson). We will summit Mount Rainier – 14,410 feet above sea level – on the morning of September 27, 2010. All of us have been training all summer and spent lots of evenings and weekends getting ready for the highest and most challenging climb we have ever attempted.

Pledges to Kiva (www.Kiva.org)

In addition to viewing our endeavor as a physical and mental challenge, I’m also using it as a challenge to raise money for an important charity I support, Kiva. Kiva facilitates micro-lending to entrepreneurs in developing countries to build and grow their businesses (more information about Kiva is below).

My wife Allison and I are committed to matching up to $1441 (ten cents for each foot) in micro-loans made by our friends and family. Kiva is a great organization and I’d love for everyone to make a small donation and see how your efforts can make a difference. My goal is to have $1441 pledged by friends and family to Kiva by the time we ascent from the top of Mount Rainier on September 27th. You can make a single loan in the amount of $25 or pledge more for multiple loans. $25 really does make a significant difference through microlending with Kiva.

Go to this site to make your donation: http://www.razoo.com/story/Micro-Lending-To-Entrepreneurs-In-Developing-Countries

Thanks to all of you for your support. I hope each of you can become involved with Kiva, either now or at some time in the future. I’ll keep you posted regarding our climb and fundraising efforts. Here’s hoping for great climbing weather and lots of Kiva lending!

About Kiva

Kiva’s mission is to connect people, through lending, for the sake of alleviating poverty.Kiva empowers individuals to lend to an entrepreneur across the globe. By combining microfinance with the internet, Kiva is creating a global community of people connected through lending.Kiva was born of the following beliefs:

  • People are by nature generous, and will help others if given the opportunity to do so in a transparent, accountable way.
  • The poor are highly motivated and can be very successful when given an opportunity.
  • By connecting people we can create relationships beyond financial transactions, and build a global community expressing support and encouragement of one another.

Kiva promotes:

  • Dignity: Kiva encourages partnership relationships as opposed to benefactor relationships. Partnership relationships are characterized by mutual dignity and respect.
  • Accountability: Loans encourage more accountability than donations where repayment is not expected.
  • Transparency: The Kiva website is an open platform where communication can flow freely around the world.

As of November 2009, Kiva has facilitated over $100 million in loans.

Posted in SeattleComments (0)

Startups & Public Policy: So What Can I Do?

Startups & Public Policy: So What Can I Do?

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

Posted in For Entrepreneurs, SeattleComments (0)