[HN Gopher] Conflicted Capital
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       Conflicted Capital
        
       Author : adora
       Score  : 88 points
       Date   : 2021-03-09 17:48 UTC (1 days ago)
        
 (HTM) web link (blog.aaronkharris.com)
 (TXT) w3m dump (blog.aaronkharris.com)
        
       | ncmncm wrote:
       | > _Investors mostly want to do the right thing for founders._
       | 
       | See, that's an important difference between investors and VCs.
       | 
       | A VC firm or division gets (say) $1B, and a deadline: invest it
       | all by end of quarter. All they can invest in are what come
       | through the door. They know most of those have no future. A few
       | do, but not enough to absorb the whole allotment. They can't not
       | invest. What to do? No choice, really; invest it all, with 9 of
       | 10 expected to flop.
       | 
       | Having identified, at the outset, which should flop, start
       | milking them. There's no reason to waste that money, even though
       | it's lost to the actual investors. Make them spend their nut
       | where it will do _somebody_ some good. Maybe make them hire a
       | crony, who will hire more. Make them use a pet staffing agency.
       | HR pros are (to first order) all grifters, so provide them one of
       | yours. Make them buy software from one of the not-flops from this
       | round or last quarter 's, or somebody you own part of,
       | personally. Be creative. You can draw it out, deposit more cash
       | from next quarter's infusion, and extract that. Maybe they can
       | build, code, patent something of value that can be bought for
       | pennies at the bankruptcy.
       | 
       | There are a million variations on this, all used.
        
       | evancharles wrote:
       | When I've seen founders try to keep investors at arms length it
       | seems to result in mistrust, leaving investors feeling like they
       | can't get the real story, and thus decreasing the likelihood they
       | invest further. So rather than keeping insiders at arms length,
       | I'd suggest being direct about wanting to meet other investors. I
       | suggest uncomfortable candor over comfortable misdirection.
        
       | ganzuul wrote:
       | Isn't the purpose of financial instruments to resolve these kinds
       | of conflicts? Seems like in the days of smart contracts these
       | meatspace concerns could be coded around.
        
       | zuhayeer wrote:
       | My issue with the whole fundraising circuit (esp for low cap-ex
       | startups) is how much you have to strain yourself to convince a
       | non-customer to believe in you
        
         | pirate787 wrote:
         | I didn't take VC and my company was chronically underfunded and
         | died a long, slow, painful death to VC backed competitors. I'd
         | take VC if I did it over again-- the focus and faster cycle
         | would have made a difference, even if I failed again it would
         | have been 3 years wasted not 10.
        
         | pm90 wrote:
         | Only slightly related to your point, but I find almost the
         | entire VC community not one that I would want to be working
         | with very closely with. It's just not the kind of people I find
         | interesting. Not that they're not skilled or provide value, but
         | the whole fundraising dance seems to be tiring and honestly
         | pointless. Harkens back to an equally pointless endeavor I've
         | been through before: the struggle to get good grades in
         | college. Artificial struggles created by humans for other
         | humans. I guess some people like that but it has an element of
         | "rat race" that I find deeply disturbing.
         | 
         | If I had a wish to materialize an ideal VC firm, it would be a
         | place with both business types and highly skilled engineers who
         | are on top of their skills and continue to build things.
        
           | clairity wrote:
           | > "If I had a wish to materialize an ideal VC firm, it would
           | be a place with both business types and highly skilled
           | engineers who are on top of their skills and continue to
           | build things."
           | 
           | idealab is somewhat like this. they cycle in engineers to
           | work on an itch for a limited time on salary, then go through
           | an internal round of fundraising (pitch idealab itself for
           | seed money), then seek external rounds if there is traction.
           | 
           | branch[0] is a company that successfully launched from
           | idealab this way. they started as a shift-swapping chat app
           | for hourly workers and have branched (haha) into payments
           | now.
           | 
           | [0]: https://www.branchapp.com/
        
           | akharris wrote:
           | There are quite a few VC firms that model what you're talking
           | about - for instance I think this describes what Garry's
           | doing at Initialized.
           | 
           | But raising money is a choice that some founders will make
           | because their businesses require it. If you don't need it,
           | don't raise it. If you do need it, go into the process and
           | decision with as much information as you can get.
        
             | pm90 wrote:
             | I think I should have phrased my comment better. I'm not
             | opposed to the idea of raising funds to grow a company, but
             | the way that it's usually done today. In particular: the
             | people that the money needs to be raised from (VCs) seem to
             | not be the kind of down to earth engineers that I love and
             | respect, and the process itself involves a lot of marketing
             | fluff that I find off putting.
             | 
             | I am willing to accept that, it may not be possible to have
             | such a process. Perhaps to succeed in the "real world" you
             | absolutely need to be fantastic at marketing and pitching.
             | 
             | I'm trying to describe what a process would look like that
             | I personally would find enjoyable to work with, ignoring
             | the reality of what might actually be required.
        
           | bgroat wrote:
           | This is kind of what I'm working on.
           | 
           | Basically a product studio with LPs
        
             | jacquesm wrote:
             | It's been done, I know of a couple of these. They start out
             | well intentioned and end up being backseat drivers in every
             | company they launch, usually with bad side effects.
        
               | bgroat wrote:
               | I think the big distinction is avoiding launching
               | companies and instead launching products.
               | 
               | I'm increasingly convinced that very few products need to
               | be companies, and the insistence that they do is why a
               | lot of them end up so shitty.
        
               | yowlingcat wrote:
               | Having seen this model before, I think the challenge
               | there is incentives, motivation and focus. If you have a
               | winner, it's likely that through power law effects it
               | makes sense to double down on it unless you have too much
               | capital to deploy through that company.
               | 
               | With that said, I think running a product studio before
               | you find product market fit or the killer company is not
               | a bad idea, especially if you can work directly with LPs
               | to source the funds. Then the challenge is just making
               | sure people don't step on each other's toes when you
               | staff the winner.
        
       | jacquesm wrote:
       | Another note about 'internal' investors getting preferential
       | treatment as opposed to outsiders: this is usually a result of
       | SHA conditions and elements in the articles of incorporation that
       | stipulate that in case of a sale or issue of new shares existing
       | shareholders have first right of refusal. That this makes for a
       | less competitive environment is something that everybody seems to
       | take as normal, but after reading this article I'm wondering if
       | it really should be normal or of there are other important
       | reasons why this right always seems to be granted.
        
         | sytse wrote:
         | You should avoid giving a right of first refusal even at great
         | cost (20% valuation discount).
         | 
         | If there is a right of first refusal many investors will
         | decline to engage in future rounds since if they end up
         | negotiating a good deal it might fall apart at the last moment.
        
       | ahstilde wrote:
       | So...how do founders get unconflicted capital?
        
       | Comevius wrote:
       | Investors for software startups are not that great if you want
       | your business to be self-sustaining without becoming a unicorn or
       | a Ponzi scheme.
       | 
       | I'm not saying that participating in bubbles cannot be
       | economically rational, but venture capital today is especially
       | suited for making decisions that are bad for everyone involved,
       | prioritizing future valuation over good business.
       | 
       | It's the same growth or sustainability choice we keep failing at
       | as a civilization.
        
         | xiaolingxiao wrote:
         | "Investors for software startups are not that great if you want
         | your business to be self-sustaining without becoming a unicorn
         | or a Ponzi scheme. " - can you elaborate on this? Gut check
         | wise this feels correct, but I'd like to hear your thoughts.
        
           | Comevius wrote:
           | It's nothing new, investors chase valuation over profits,
           | which among others depends on growth because of the benefits
           | of network effect. As a result most invested capital goes
           | into user acquisition, and products become heavily
           | subsidised.
           | 
           | This venture model is good for unicorns like Facebook, who's
           | network effect allows it to be eventually profitable, but the
           | rest of the industry is not profitable. But VCs are, because
           | of their management fees and because they avoid to be the
           | greater fools, otherwise known as the bagholders who end up
           | paying for it. VCs tend to encourage wasteful spending in the
           | name of valuation on salaries, rents and user acquisition.
           | It's a Ponzi-scheme where the bagholders tend to be limited
           | partners and employees of the funded companies.
        
       | kenneth wrote:
       | I strongly disagree with the premise that a founder should keep
       | "internals" at arms length and run a process without them to
       | avoid any pressure from internals to lead and somehow maximize
       | terms.
       | 
       | Your existing investors have a vested interest in making you
       | successful. A higher valuation is more acceptable to them than to
       | outsiders (due to being able to officially mark up their
       | investment, which helps them raise their next funds and improve
       | their apparent performance prior to liquidity). Founders also
       | have a far better idea of what kind of support they can expect
       | from an existing investor than a newcomer.
       | 
       | Of course, as a seed stage investor, I am biased in my views on
       | this. But I do really believe that making potential adversaries
       | out of your existing investors is a deep mistake.
        
       | rsweeney21 wrote:
       | Raised money from VCs for my last startup. Series A investor made
       | all sorts of overtures about how founder friendly they were and
       | how supportive they would be.
       | 
       | The week after we closed our series A they told me I had to hire
       | a COO. I asked, "You trying to get me to hire my replacement?"
       | "No, we'd never do that. How could you even think that?"
       | 
       | Less than two months after we hired the COO they fired me. The
       | COO was made the CEO and he ran the company into the ground.
       | 
       | The lesson for founders is to never, ever, ever give up control
       | of your board/company. Always maintain control of a majority of
       | the board seats.
        
         | vcvc wrote:
         | What VC?
        
           | [deleted]
        
           | fractionalhare wrote:
           | Insight Partners. They evidently led the Series A for OP's
           | last startup, which according to their LinkedIn is Numetric.
           | Crunchbase tells you what you need to know:
           | https://www.crunchbase.com/funding_round/numetric-
           | series-a--...
        
             | choppaface wrote:
             | I'm aware of Max Levchin doing something similar to a YC
             | founder, but with the involvement of another VC at the
             | time.
        
         | jasode wrote:
         | _> The lesson for founders is to never, ever, ever give up
         | control of your board/company. Always maintain control of a
         | majority of the board seats._
         | 
         | Maybe you're too close to the situation so what you say above
         | feels to you like a universal truth but it actually doesn't
         | help me as a reader.
         | 
         | To raise the quality of discussion, we'd need to know what your
         | _realistic options were at the time you raised Series A_.
         | 
         | E.g... Did you have meaningful revenue making VC capital
         | optional? Did you need VC money to have a runway and make
         | payroll for a few months?
         | 
         | In other words, if you're in a situation where rejecting VC
         | money means your business shuts down, _it becomes a moot point
         | if you 're still 100% in control of all board seats_.
         | 
         | As for board seats composition, was it something like You=1,
         | VC=1, and Independent=1? If so, was the independent
         | automatically on VC's side to fire you or were they truly
         | independent?
         | 
         | If you don't want to get into the details to maintain privacy,
         | that's understandable. But also understand that your advice
         | born out of your experience doesn't have enough context for us.
        
           | choppaface wrote:
           | "To raise the quality of discussion..."
           | 
           | To raise the quality of discussion, we need for all the email
           | and Signal messages from the investors / VCs for a variety of
           | deals to be made public. That would be a major step towards
           | reducing the amount of information arbitrage in start-up
           | funding (not to mention blog posts like the OP).
        
         | cgb223 wrote:
         | Jesus...
         | 
         | Did they at least buy you out or did they literally rob you of
         | your company?
        
         | throwaway98797 wrote:
         | Did you make some money though?
        
           | rsweeney21 wrote:
           | None.
        
             | throwaway98797 wrote:
             | That really sucks. I think in the bubble of YC seems like
             | this doesn't happen but then there are counter examples
             | like yours. Thank you for sharing.
        
               | choppaface wrote:
               | I know of at least three successful YC companies that
               | fired founders and then took a hit... YC isn't that
               | special of a bubble, especially these days.
        
               | [deleted]
        
         | k__ wrote:
         | Why would you even give up more than 49% of your company?
        
           | nradov wrote:
           | Because you need the money and have a weak negotiating
           | position. Not every startup is like Facebook.
        
           | sebmellen wrote:
           | You might not realize that a 5% stake with two board seats is
           | much more powerful than a 25% stake with one board seat.
           | Corporate dynamics are weird.
        
             | k__ wrote:
             | Ah, okay.
             | 
             | I think, in Germany it's different, sorry.
        
               | sebmellen wrote:
               | Ganz ok. Ist ja sehr verwirrend.
        
           | rsweeney21 wrote:
           | It doesn't matter what % of your company you own. What
           | matters is whether or not you control a majority of the board
           | seats.
        
             | texasbigdata wrote:
             | Well....technically.... what matters is your ability to
             | replace and/or appoint board members :)
        
         | stanrivers wrote:
         | This is not cool - I am sorry. Investor here - they should
         | never do that. Make sure you tell others about how this went
         | down. If they were planning on getting rid of you, that needs
         | to be part of the upfront discussion etc.
        
           | rsweeney21 wrote:
           | They are a large and very lawsuit happy VC. It's not worth
           | the risk to warn other people about this VC.
        
             | covidthrow wrote:
             | It would be a shame if someone else created a throwaway
             | account to express similar sentiment about a similar firm
             | and named them.
        
               | throwaway9172 wrote:
               | It doesn't take a lot of _insight_ to look at the
               | crunchbase of OP 's former company and look who lead the
               | series A...
        
               | fractionalhare wrote:
               | https://www.crunchbase.com/funding_round/numetric-
               | series-a--...
        
             | [deleted]
        
             | stanrivers wrote:
             | Yeah - I more mean... don't go out there and go out of your
             | way to advertise that they did this.
             | 
             | But founders should talk to other founders about their
             | experience with different investors. The good, the bad and
             | the ugly.
             | 
             | In those situations, you can make it clear - in objective
             | terms - what happened and why you would not take money from
             | them again. Don't call them names or anything.
        
           | fractionalhare wrote:
           | It was evidently Insight Partners. They led the Series A on
           | OP's last startup: Insight Partners. They evidently led the
           | Series A for OP's last startup, which according to their
           | LinkedIn is Numetric. Crunchbase tells you what you need to
           | know: https://www.crunchbase.com/funding_round/numetric-
           | series-a--...
        
         | Andy_G11 wrote:
         | Did you and your accountant review the shareholders' agreement
         | thoroughly before finalising the fundraising with the new
         | investors?
        
         | jacquesm wrote:
         | So, that's a bad trip, sorry to hear about this, and noted.
        
         | DenisM wrote:
         | Being friendly is much like being powerful - if you have to say
         | that you are, you aren't.
         | 
         | (with tons of apologies to Margaret Thatcher)
        
           | InitialLastName wrote:
           | Same thing with honest.
        
       | jacquesm wrote:
       | > Founders need to understand that venture investing is a
       | business where friendship is an input or an outcome, and not the
       | other way around.
       | 
       | Does anybody know how to parse this?
        
         | statstutor wrote:
         | "Your business colleagues are not your friends"
        
         | evancharles wrote:
         | My guess is he means that VCs don't make decisions out of
         | friendship.
        
         | robaato wrote:
         | Yup that struck me too as poorly phrased and unclear. Maybe
         | crystal clear to writer, but not to readers...
        
       | [deleted]
        
       | mbesto wrote:
       | > In fact, the vast majority of the investors I've met, even
       | those that have fired founders, are good people. It's deeper than
       | that, even. Investors mostly want to do the right thing for
       | founders. There are emotional and business reasons for this
       | impulse, but ultimately the fiduciary responsibility has to win.
       | Founders need to understand that venture investing is a business
       | where friendship is an input or an outcome, and not the other way
       | around.
       | 
       | Cynical viewpoint coming in:
       | 
       | VC investors are only "good people" because that is what
       | currently drives the market for dealflow. What I think a lot of
       | entrepreneurs miss is that VCs are _finance_ professionals first
       | and foremost. If the market dynamic starts to change, you might
       | see them behaving differently but still aligned ultimately to the
       | interest of their LPs.
       | 
       | TL;DR - VCs who create good content, are helpful, are nice to
       | founders, etc. ("founder friendly") in a professional context are
       | only that way because it's generally what has been proven to
       | generate good leads for deal flow.
        
         | akharris wrote:
         | I don't think it makes sense to lump a whole group of people
         | into a single categorization this way. You're right that being
         | seen as good helps drive deal flow, but, again, most of the
         | people I've worked with are actually pretty "good" in the
         | moral/ethical sense.
         | 
         | Where and how personal ethics, business ethics, business needs,
         | financial incentives come together and produce results is
         | immensely complicated.
        
         | Cederfjard wrote:
         | These are humans, after all. It seems unlikely that all of them
         | should be unscrupulous, fundamentally dishonest, profit-
         | maximizing robots who only exhibit benevolent traits as a
         | charade to lure in entrepreneurs. Surely some are simply good
         | people.
        
           | yowlingcat wrote:
           | It sounds a little hyperbolic and black and white to consider
           | those two things as being mutually exclusive. It's possible
           | (and maybe even common) for someone to be a good person to
           | others in matters that don't pertain to money -- but, when
           | the rubber hits the road with respect to money, they end up
           | being making decisions that make sense given how much
           | leverage they have. At the end of the day, VCs are subject to
           | their LP stakeholders. They are also subject to their founder
           | stakeholders, but the degree to which the various entities in
           | that three legged interaction hold sway varies based on
           | environment.
           | 
           | In a frothy environment like the present, founders really do
           | have a lot of leverage because the demand for investable
           | companies in many ways greatly outstrips supply; you see this
           | in the SPAC craze. But in other environments, LPs and VCs
           | have a lot more leverage over founders. When that is the
           | case, it is only reasonable to expect them to behave
           | according to their incentives. Now one could make the
           | argument that it's still a poor long-term decision for VCs to
           | sour community goodwill if they want to be in the game long-
           | term. That may be the case, but it doesn't mean that a
           | cunning VC cannot profit from exploitation in the medium
           | term, enough to enrich themselves to the level where a poor
           | reputation doesn't prevent them from continuing to operate.
           | 
           | It's important to not over-anthropomorphize the way that
           | financial professionals operate as agents in a system with
           | incentives. When they do something unsavory, it's generally
           | not meant to be personal even if the result is incredibly
           | unsavory.
        
           | [deleted]
        
       | stanrivers wrote:
       | Everyone has their own incentives and when things get tough, they
       | will work to maximize what their incentives say should be
       | maximized - keep that in mind before signing up with investors if
       | you are a founder. The term sheets and final docs - and the
       | specific rights in them - matter a lot.
       | 
       | Examples from Charlie Munger [1]:
       | 
       | "One of my favorite cases about the power of incentives is the
       | Federal Express case. The heart and soul of the integrity of the
       | system is that all the packages have to be shifted rapidly in one
       | central location each night. And the system has no integrity if
       | the whole shift can't be done fast. And Federal Express had one
       | hell of a time getting the thing to work. And they tried moral
       | suasion, they tried everything in the world, and finally,
       | somebody got the happy thought that they were paying the night
       | shift by the hour and that maybe if they paid them by the shift,
       | the system would work better. And lo and behold, that solution
       | worked."
       | 
       | "Early in the history of Xerox, Joe Wilson, who was then in the
       | government, had to go back to Xerox because he couldn't
       | understand how their better, new machine was selling so poorly in
       | relation to their older and inferior machine. Of course, when he
       | got there he found out that the commission arrangement with the
       | salesmen gave a tremendous incentive to the inferior machine."
       | 
       | [1] https://www.butwhatfor.com/charlie-munger-the-psychology-
       | of-...
        
         | 908B64B197 wrote:
         | In Xerox case, it was the same company that wouldn't enter the
         | personal computing market because it might impact their copy-
         | machine market.
        
           | stanrivers wrote:
           | I've seen that happen in hiring decisions as well. Junior
           | people are in charge of screening candidates... really strong
           | candidates, if hired, will make the average employee look
           | bad.
           | 
           | So, why should the person screening the candidates suggest
           | the strongest candidates?
           | 
           | This is why I tend to suggest equal seniority individuals
           | should not screen candidates. It's a subconscious thing
           | ("He's too aggressive" "She seems like not a good culture
           | fit" "He is too senior for this role") that most people don't
           | think of directly, but happens.
        
             | 908B64B197 wrote:
             | One way to offset that is to make sure that team
             | performance is as much of an incentive as individual
             | performance.
             | 
             | A stock compensation helps in that regard: hiring strong
             | individuals will help ship a better product faster and
             | should increase the stock value. Meanwhile traditional
             | stack-ranking and a mostly salary compensation will
             | encourage individuals to make sure they are seen as the top
             | performer no matter what.
        
             | TimPC wrote:
             | Most people want to hire the best candidates they can
             | despite some of the misaligned incentives. You don't want
             | to spend overtime on someone else's bug because you hired
             | poorly. The risk of a smaller bonus or less promotion
             | chances is complicated as sometimes there is more available
             | if the teams performance improves as a whole. When you
             | deliver on a major project the team's pie is often much
             | larger, and even if you end up with a smaller slice of said
             | pie you're usually better off.
        
               | deckard1 wrote:
               | If any of that were true, we'd have universal healthcare
               | and live in a utopia. Crabs in a bucket. If you're
               | focused on the ladder, you're not going to hire someone
               | that has the potential of making you look bad.
        
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