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    Fundraising hurdles and M&A slowdown with Becki DeGraw | Wilson Sonsini Startup Legal Basics

    en-usSeptember 05, 2024
    What was the main topic of the podcast episode?
    Summarise the key points discussed in the episode?
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    Podcast Summary

    • Startup ChallengesStartups in 2024 struggle with fundraising as investor demands lead to cost-cutting, resulting in flat or minimal growth. Companies that focused on stability may face challenges attracting funding in a tough market, increasing reliance on down-rounds and flat-rounds as a sign of changing investor sentiment.

      In 2024, startups face unique challenges after the upheaval from the previous years, including the fall of significant players like Silicon Valley Bank. While fundraising remains tough, many companies have adhered to investor advice to cut costs and reduce burn. Consequently, they may achieve break-even but lose out on high growth, which investors typically seek. Companies that focus on stability rather than rapid growth might find it more difficult to secure funding. With fewer investors willing to support these flatly performing startups, it raises concerns about their sustainability as they enter the market again without the impressive growth metrics needed to attract investment. This situation leads to increased down-rounds and flat-rounds, indicating a tougher funding environment for those who played it safe. Startups must navigate this paradox where conservative financial strategies could hurt their chances for future growth and investment.

    • Valuation StrategiesInvestors adjust to lower company valuations by using penny warrants. This arrangement allows them to invest while enabling founders to claim flat rounds, balancing interests in challenging market conditions.

      In today’s investment landscape, many investors are willing to invest, but they are valuing companies lower than before due to stagnant revenues. To bridge the gap in valuation expectations, creative solutions like penny warrants are introduced. These allow investors to buy additional shares at a very low price, allowing them to secure a better overall deal while letting companies maintain the appearance of flat valuations. For example, a company valued at $100 million can raise more funds while also giving a side option to investors to purchase shares for just a penny each. This creative structure makes sure both parties feel satisfied, as founders can claim they achieved a flat round, and investors receive a lucrative option for future gains. Such strategies are becoming more common, reflecting the changing dynamics between investors and founders in current funding rounds.

    • Chilling EffectThe M&A market is facing a chilling effect, with many deals falling through at the last minute, leaving promising companies unable to find buyers and grow significantly.

      Recent trends in the mergers and acquisitions (M&A) market show a chilling effect, where deals that seem almost finalized are falling apart at the last minute. Many companies that are not prime for IPO remain stuck, unable to be acquired by larger firms like Google or Microsoft. This uncertainty causes anxiety for everyone involved and prevents significant growth opportunities for businesses that could thrive under a bigger umbrella. Instead of being integrated into larger firms where they could potentially expand rapidly, these companies are left to grow slowly, facing challenge after challenge. As a result, there is a general sense of frustration in the industry, as potential for innovation and expansion is stifled by hesitation and fear of the current market conditions. Close calls in acquisitions increase anxiety and limit effective growth strategies for companies caught in this stalled environment.

    • M&A ChallengesM&A activity is hindered by regulatory hurdles, especially for larger firms. Easing rules for smaller companies may encourage growth while international regulations complicate matters. Companies face rising costs and complexity due to compliance with multiple jurisdictions.

      The current M&A landscape is facing challenges primarily due to regulatory hurdles, which complicate the process and increase costs. A proposal suggests easing rules for companies under $250 billion to promote growth and mergers, while enforcing stricter regulations on larger firms. Furthermore, international regulations add layers of complexity for American companies. With rising legal fees and prolonged deal timelines, buyers need to account for these risks when evaluating acquisitions. Increasing regulatory scrutiny is also affecting various sectors, such as tech and digital health, where compliance with multiple jurisdictional rules complicates operations. Best practices are necessary to navigate this intricate web of regulations effectively.

    • Data LiabilityStartups should be cautious about storing consumer data due to high legal liabilities and costs associated with compliance and potential data breaches. It’s essential to only keep necessary data and understand the implications of communications to avoid serious legal problems.

      Storing consumer data can create significant risks for startups. Legal regulations regarding data storage are increasing, and compliance can be expensive and complex. As technology makes data storage cheaper, the potential liabilities and legal issues associated with that data are escalating. Startups may face high costs related to data breaches, legal expertise, and compliance efforts. By only storing essential data and properly managing it, startups can avoid these hefty liabilities. Additionally, it’s crucial for young professionals in startups to understand the implications of their communications, as these can lead to serious legal repercussions down the line. Being proactive about data storage and privacy not only helps to protect the company but also to ensure that they remain compliant with evolving regulations.

    • Legal Communication RisksBe cautious with communication in emails and texts, as they can have legal implications. Don't record board meetings to encourage open discussions and protect against potential liabilities.

      Communication through emails and text messages can lead to legal complications, especially if there's a record of conversations. People often forget that text messages are also considered written communication. It's crucial to have a clear data retention policy, keeping records for a limited time. If legal issues arise, it’s essential to seek confidential advice from an attorney rather than discussing sensitive topics in recorded settings. Meetings, especially board meetings, should not be recorded as this amplifies liability risks. Open discussions are important, and board members should feel free to strategize without the fear of being recorded or misinterpreted in future legal situations. Be proactive in handling potential legal challenges and maintain confidentiality to protect the organization against unwarranted legal actions.

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    en-usSeptember 06, 2024

    Medium: Reaching Profitability while The Internet is Broken + CorePod | E2003

    Medium: Reaching Profitability while The Internet is Broken + CorePod | E2003

    This Week in Startups is brought to you by…

    Notion. Notion Projects combines project management with your docs, knowledge base, and AI. Try notion projects for free at notion.com/twist

    Brex. The financial stack founders can bank on. Brex knows cash is king for startups, so they built a banking experience that takes every dollar further. Get the business account trusted by 1 in 3 US startups at ⁠https://www.brex.com/twist24

    OpenPhone. Create business phone numbers for you and your team that work through an app on your smartphone or desktop. TWiST listeners can get an extra 20% off any plan for your first 6 months at https://www.openphone.com/twist⁠

    *

    Timestamps:

    (0:00) Tony Stubblebine of Medium joins Alex.

    (3:10) The broken internet and ad-based models

    (5:57) Impact of AI on content creation and platform quality

    (10:01) Medium's curation and financial model

    (11:18) Notion - Try notion projects for free at https://www.notion.so/twist

    (18:23) Medium's growth, geographic expansion, and AI translation

    (20:02) Brex - Get the business account trusted by 1 in 3 US startups at ⁠https://www.brex.com/twist24

    (22:05) AI-driven media platforms and the impact of AI spam

    (29:32) OpenPhone - TWiST listeners can get an extra 20% off any plan for your first 6 months at https://www.openphone.com/twist⁠

    (30:59) Medium's subscriber growth and financial milestones

    (34:35) AI data exclusivity and challenges in forming training data cohorts

    (41:26) Medium's venture scale potential, profitability, and mission

    (45:17) CEO's mindset and financial scaling towards 10 million subscribers

    (50:41) Tony's personal use of AI in his workflow

    (53:24) Future of AI in practical applications and business model disruption

    (57:09) Organizing content and the challenge of integrating different formats

    (1:02:19) Growth potential of niche markets and Medium's independence

    (1:06:23) Jam with JCal! Introduction to Ulan Abdurazakov and CorePod

    (1:07:27) Corepod product discussion and go-to-market strategy

    (1:17:23) Jason Calacanis's advice on testing and market validation

    *

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    Check out the TWIST500: https://www.twist500.com

    *

    Subscribe to This Week in Startups on Apple: https://rb.gy/v19fcp

    *

    Check out Medium: https://medium.com/

    Check out CorePod: https://www.corepod.tech/

    Enter the Jam with JCal contest: https://www.jamwithjcal.tech

    *

    Follow Tony:

    X: https://x.com/tonystubblebine

    LinkedIn: https://www.linkedin.com/in/tonystubblebine/

    *

    Follow Ulan

    X: https://x.com/defoemark

    LinkedIn: https://www.linkedin.com/in/ulanbek-abdurazakov/

    *

    Follow Alex:

    X: https://x.com/alex

    LinkedIn: ⁠https://www.linkedin.com/in/alexwilhelm

    *

    Thank you to our partners:

    (11:18) Notion - Try notion projects for free at notion.com/twist

    (20:02) Brex - Get the business account trusted by 1 in 3 US startups at ⁠https://www.brex.com/twist24

    (29:32) OpenPhone - TWiST listeners can get an extra 20% off any plan for your first 6 months at https://www.openphone.com/twist⁠

    *

    Great TWIST interviews: Will Guidara, Eoghan McCabe, Steve Huffman, Brian Chesky, Bob Moesta, Aaron Levie, Sophia Amoruso, Reid Hoffman, Frank Slootman, Billy McFarland

    *

    Check out Jason’s suite of newsletters: https://substack.com/@calacanis

    *

    Follow TWiST:

    Twitter: https://twitter.com/TWiStartups

    YouTube: https://www.youtube.com/thisweekin

    Instagram: https://www.instagram.com/thisweekinstartups

    TikTok: https://www.tiktok.com/@thisweekinstartups

    Substack: https://twistartups.substack.com

    *

    Subscribe to the Founder University Podcast: https://www.youtube.com/@founderuniversity1916

    This Week in Startups
    en-usSeptember 05, 2024

    Fundraising hurdles and M&A slowdown with Becki DeGraw | Wilson Sonsini Startup Legal Basics

    Fundraising hurdles and M&A slowdown with Becki DeGraw | Wilson Sonsini Startup Legal Basics

    Todays show: Wilson Sonsini Partner Becki DeGraw joins Jason on the latest edition of Startup Legal Basics! In this episode, they break down fundraising trends (1:33), the challenges of M&A (7:39), and the evolving regulations for tech companies (13:29).

    *

    Timestamps:

    (00:00) Wilson Sonsini partner Becki DeGraw joins Jason

    (1:33) Fundraising trends and investor expectations

    (3:57) Breakeven points and penny warrants

    (7:39) M&A slowdown and regulatory challenges

    (13:29) Proposals for M&A regulation reform

    (16:08) Compliance costs and cybersecurity for startups

    (19:58) Legal strategies for startups and data policies

    *

    Check Out Wilson Sonsini: ⁠⁠https://www.wsgr.com⁠

    *

    Subscribe to the TWiST500 newsletter: https://ticker.thisweekinstartups.com

    Check out the TWIST500: https://www.twist500.com⁠

    *

    Subscribe to This Week in Startups on Apple: https://rb.gy/v19fcp

    *

    Follow Becki:

    LinkedIn: https://www.linkedin.com/in/rebecca-degraw-639bbb62

    *

    Follow Jason:

    X: https://twitter.com/Jason

    LinkedIn: https://www.linkedin.com/in/jasoncalacanis

    *

    Great TWIST interviews: Will Guidara, Eoghan McCabe, Steve Huffman, Brian Chesky, Bob Moesta, Aaron Levie, Sophia Amoruso, Reid Hoffman, Frank Slootman, Billy McFarland

    *

    Check out Jason’s suite of newsletters: https://substack.com/@calacanis

    *

    Follow TWiST:

    Twitter: https://twitter.com/TWiStartups

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    Instagram: https://www.instagram.com/thisweekinstartups

    TikTok: https://www.tiktok.com/@thisweekinstartups

    Substack: https://twistartups.substack.com

    *

    Subscribe to the Founder University Podcast: https://www.youtube.com/@founderuniversity1916

    This Week in Startups
    en-usSeptember 05, 2024

    Superhuman 2.0: The AI edge, top productivity hacks, and the future of email | E2002

    Superhuman 2.0: The AI edge, top productivity hacks, and the future of email | E2002

    This Week in Startups is brought to you by…

    NetSuite. The number one cloud financial system that unifies accounting, financial management, inventory, and HR into a single platform. Giving you ONE source of truth. Download the CFO’s Guide to AI and Machine Learning today! Visit https://www.netsuite.com/twist

    Lemon.io - Hire pre-vetted remote developers, get 15% off your first 4 weeks of developer time at https://lemon.io/twist

    AssemblyAI. Get maximum value from voice data with AssemblyAI. Build powerful products and features for your end users on the industry’s leading speech-to-text models. Get 100 free hours to start building at https://www.assemblyai.com/twist

    *

    Todays show:

    Superhuman’s Rahul Vohra joins Jason to discuss the evolution of Superhuman. They delve into Superhuman's onboarding strategy (11:17), live demos of Superhuman's AI features (27:37), and explore AI's impact on team management (52:07), and more!

    *

    Timestamps:

    (0:00) Superhuman’s Rahul Vohra joins Jason

    (2:02) Rahul Vohra's background and Superhuman's pitch

    (6:33) Evolution and early challenges of Superhuman

    (9:59) NetSuite - Download the CFO’s Guide to AI and Machine Learning today! Visit https://netsuite.com/twist

    (11:17) Superhuman's onboarding strategy and customer feedback importance

    (20:55) New features in Superhuman 2.0 and multiplayer email

    (26:00) AI's impact on podcast production

    (26:16) Lemon.io - Get 15% off your first 4 weeks of developer time at https://Lemon.io/twist

    (27:37) Live demo of Superhuman 2.0

    (38:38) AssemblyAI - Get 100 free hours to start building at https://www.assemblyai.com/twist

    (40:08) Importance of documenting conversations and Superhuman for Sales

    (44:17) Live demo of Superhuman's “Ask AI” feature

    (52:07) AI's impact on productivity and team management

    (58:27) AI tools for productivity

    (1:07:26) AI's future as a chief of staff and email management

    *

    Subscribe to the TWiST500 newsletter: https://ticker.thisweekinstartups.com

    Check out the TWIST500: https://www.twist500.com

    *

    Subscribe to This Week in Startups on Apple: https://rb.gy/v19fcp

    *

    Follow Rahul:

    X: https://x.com/rahulvohra

    LinkedIn: https://www.linkedin.com/in/rahulvohra

    Check out: https://superhuman.com

    *

    Follow Jason:

    X: https://twitter.com/Jason

    LinkedIn: https://www.linkedin.com/in/jasoncalacanis

    *

    Thank you to our partners:

    (9:59) NetSuite - Download the CFO’s Guide to AI and Machine Learning today! Visit https://netsuite.com/twist

    (26:16) Lemon.io - Get 15% off your first 4 weeks of developer time at https://Lemon.io/twist

    (38:38) AssemblyAI - Get 100 free hours to start building at https://www.assemblyai.com/twist

    *

    Great TWIST interviews: Will Guidara, Eoghan McCabe, Steve Huffman, Brian Chesky, Bob Moesta, Aaron Levie, Sophia Amoruso, Reid Hoffman, Frank Slootman, Billy McFarland

    *

    Check out Jason’s suite of newsletters: https://substack.com/@calacanis

    *

    Follow TWiST:

    Twitter: https://twitter.com/TWiStartups

    YouTube: https://www.youtube.com/thisweekin

    Instagram: https://www.instagram.com/thisweekinstartups

    TikTok: https://www.tiktok.com/@thisweekinstartups

    Substack: https://twistartups.substack.com

    *

    Subscribe to the Founder University Podcast: https://www.youtube.com/@founderuniversity1916

    This Week in Startups
    en-usSeptember 04, 2024

    AI Demos: Gemini Gmail, Search GPT, Groq with Voice & Playground | E2001

    AI Demos: Gemini Gmail, Search GPT, Groq with Voice & Playground | E2001

    Timestamps:

    (0:00) Sunny joins Jason to jump into AI demos.

    (1:21) Analysis of Q4's impact on startups and Nvidia's market performance

    (5:09) Chip design advancements and AI prevalence in startup technology

    (8:12) Experiences with ChatGPT-4 and Google's Gemini in Gmail

    (10:14) Squarespace - Use offer code TWIST to save 10% off your first purchase of a website or domain at http://www.Squarespace.com/TWIST

    (11:36) Discussion on generative AI: filtered vs. unfiltered content

    (19:50) Vanta. TWiST listeners can get $1,000 off for a limited time at ⁠https://www.vanta.com/twist

    (20:03) Importance of SOC 2 compliance and AI's role in LinkedIn

    (22:42) AI integration in Gmail and throwing AI at business problems

    (25:28) AI personalization tools and grading AI email integration

    (29:01) Micro1. Visit ⁠https://www.micro1.ai/twist⁠ to open a talent search and get a 2 week free trial per hire.

    (32:22) Deep dive into Search GPT functionalities and Google's AI search evolution

    (39:08) Practical AI search tests and Yelp's data integration

    (43:17) Ethical considerations in personalized AI technology

    (45:26) AI-powered product recommendations and monetization of AI models

    (51:44) Legal challenges in AI and generation of web apps

    (56:15) Exploring practical AI applications and Claude AI's app development

    (1:00:14) The era of building your own apps and fast image generation tools

    (1:02:12) Comparison of Playground and Canva, impact on graphic design

    (1:04:28) Groq's itinerary creation and the future of user interfaces

    (1:07:14) Closing remarks and acknowledgments



    Subscribe to This Week in Startups on Apple: https://rb.gy/v19fcp

    *

    LINKS:

    Check out Gemini Gmail Chat: https://workspaceupdates.googleblog.com/2024/06/gemini-in-side-panel-of-gmail.html

    Check out Search GPT: https://chatgpt.com/search

    Check out Groq with Voice: https://groq.com

    Check out Claude: https://claude.ai/

    Checkout Playground: https://playground.com/design

    *

    Follow Sunny:

    X: https://twitter.com/sundeep

    LinkedIn: https://www.linkedin.com/in/sundeepm

    *

    Follow Jason:

    X: https://twitter.com/Jason

    LinkedIn: https://www.linkedin.com/in/jasoncalacanis

    *

    Thank you to our partners: (10:14) Squarespace - Use offer code TWIST to save 10% off your first purchase of a website or domain at http://www.Squarespace.com/TWIST

    (19:50) Vanta. TWiST listeners can get $1,000 off for a limited time at ⁠https://www.vanta.com/twist

    (29:01) Micro1. Visit ⁠https://www.micro1.ai/twist⁠ to open a talent search and get a 2 week free trial per hire.

    *

    Subscribe to the TWiST500 newsletter: https://ticker.thisweekinstartups.com/

    Check out the TWIST500: twist500.com

    *

    Great 2023 interviews: Steve Huffman, Brian Chesky, Aaron Levie, Sophia Amoruso, Reid Hoffman, Frank Slootman, Billy McFarland

    *

    Check out Jason’s suite of newsletters: https://substack.com/@calacanis

    *

    Follow TWiST:

    Twitter: https://twitter.com/TWiStartups

    YouTube: https://www.youtube.com/thisweekin

    Instagram: https://www.instagram.com/thisweekinstartups

    TikTok: https://www.tiktok.com/@thisweekinstartups

    Substack: https://twistartups.substack.com

    *

    Subscribe to the Founder University Podcast: https://www.founder.university/podcast

    This Week in Startups
    en-usSeptember 04, 2024
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